The best way to get a child endangerment charge dropped is to present exculpatory evidence. You can do this by: hiring a criminal defense lawyer, gathering evidence, and showing the prosecution that the case against you is weak. You can also engage in the plea bargaining process to get a deal that drops the endangerment …
Section 1983 — Info about bringing a civil rights lawsuitWatch this video on YouTube A Section 1983 lawsuit is a legal claim that demands financial compensation for violations of your civil rights. Four things to know about them in California are: overcoming the qualified immunity defense can be difficult, there is a California state law, …
In California, a hit-and-run is the crime of crashing into someone or something and then fleeing the scene without providing your personal and contact information. Five things to know about this offense in California are: there are 2 different statutes that could apply, the criminal penalties for a conviction can be significant, points will be assessed …
Nursing home abuse lawsuits can take anywhere from a couple of months to over 2 years to settle. If the insurance company makes a fair settlement offer before the lawsuit is filed, it can end quickly. If no fair offers are made, the case can go to trial and take much longer. What is a …
Most wrongful death lawsuits settle out-of-court. How much they settle for largely depends on these 7 factors: the victim’s age and earning potential, the victim’s shared fault, insurance policy limits, the family’s other lost benefits, the ages and needs of the victim’s dependents, applicable damage caps, and effective legal representation. 1. The age and earning …
The amount that personal injury lawyers take from a settlement depends on the contingency fee agreement. It is generally around 33 percent. It can increase if the case goes to trial. Many states have laws that regulate the percentage used. They also may require a clear and unambiguous contingency fee agreement. What is a contingency …
In California, the penalty for a misdemeanor conviction can be up to 364 days in county jail and a fine of up to $1000.00. However, by default, misdemeanors are punishable by 6 months in county jail unless the specific statute says differently. These offenses can also result in fines and/or misdemeanor (or summary) probation (with …
The main difference between a Bivens lawsuit and a claim under 42 U.S.C. 1983 is that a Bivens claim covers the federal government and its agents. Section 1983 claims, by contrast, cover local or state officials or agencies. Bivens lawsuits are also limited to constitutional violations, rather than violations of state or federal law, and …
A personal injury lawsuit is a formal demand for compensation for losses that the injured person has sustained. They can go through 7 stages: the victim gets hurt, the victim hires a personal injury lawyer, an insurance claim is filed, if no fair settlement offer is made, the victim’s lawyer negotiates on his or her …
Petty theft with a prior is a criminal charge for a minor theft against someone who has been convicted of theft in the past. Because of the prior convictions, the penalties that the new charge carries are higher. Different state laws have different sentencing enhancements for this situation. What is petty theft? Petty theft is …
Determining who is at fault for a multiple-car accident is complicated. These are car crashes that involve three or more motor vehicles. While some general presumptions exist about who is at fault, an investigation may prove them wrong. Once fault is established, the responsible party will be liable for compensating the victims based on their state’s …
California’s definition of assault weapons includes specific models such as the AK and Colt AR-15 series in addition to guns with assaultive as opposed to defensive features, including semiautomatic centerfire rifles with the capacity for a detachable magazine and either a pistol grip that protrudes conspicuously beneath the action of the gun, a thumbhole stock, …
In California, the Department of Motor Vehicles (DMV) must be notified of reportable car accidents within ten days. Law enforcement must be notified within 24 hours. Failing to do this can lead to legal consequences. Your car insurance company must also be notified according to the terms of the auto insurance policy. What is a …
While you do not necessarily need a lawyer to file a slip-and-fall case, having one has numerous benefits. A lawyer can: increase your odds of success, reduce the stress of filing the case, help you understand what you may be entitled to receive, and help you make informed decisions during the process. What does a …
In California, a work permit is something that you generally need in order to work if you are under the legal working age. It is also known as a Permit to Employ and Work. However, there are exceptions to the requirement. There are also some jobs that minors cannot perform, as well as limits on …
Brandishing a weapon is the crime of exhibiting something that could be used as a weapon in a threatening manner. How exactly the offense is defined, and the penalties for a conviction, vary by state. However, brandishing a weapon in an act of lawful self-defense is generally a legal defense to the charge. What does …
In California, “police code 245” refers to the crime of assault with a deadly weapon. This includes assault with a firearm, as well as assault by means likely to produce a great bodily injury. The number for the code comes from the section of California’s Penal Code that defines the offense. In other jurisdictions, this …
In California, if you have a suspended license, you have to wait for the suspension duration to end to apply for a reinstatement. A license that has been suspended will not automatically renew when the suspension period ends. Applying for reinstatement includes paying fees, proving proof of adequate auto insurance (SR22 insurance), and applying in …
Can the DMV revoke my license for medical reasons?Watch this video on YouTube Most states require physicians to inform the DMV when they diagnose you with any medical or mental condition that may affect your ability to drive safely. Some common conditions that may impact your ability to drive safely include: lapse of consciousness Alzheimer’s …
If you get convicted of a felony offense in California and get placed on felony probation, you must abide by specific rules (called “terms and conditions” of probation). Ten of the most common conditions of felony probation in California are that you: pay victim restitution, perform community service, submit to random drug testing, complete drug or alcohol …
You were recently caught taking some clothes from a store. The store you shoplifted from has now sent you a civil demand letter calling for $250. Do I really have to pay? Maybe. If you refuse to pay the store, the store could take you to court in an attempt to collect the money. But …
You may have been charged with arson for allegedly setting fire to a building. But then you soon learn that you could face extensive prison time because the arson was really “aggravated arson.” Is there really such a crime? Yes. Simple arson generally refers to the crime where you willfully and maliciously set fire to …
In some cases, yes. We all know that drugs and alcohol can cause serious problems for employers. It can cause a drop in productivity, an increase in absenteeism, and an increase in worker’s compensation and medical claims. Legal Drug Use With alcohol, an employee in California cannot be fired for using alcohol on their own …
The simple answer is yes. If the Department of Motor Vehicles (DMV) learns you had a fainting spell, it will likely suspend your driver’s license. However, you do have an opportunity to contest the suspension. If you can show that the fainting episode was isolated and that you are otherwise safe to drive, your license …
First-degree burglary (which is burglary of a residence) is always a felony in California. Second-degree burglary (which pertains to any non-inhabited structures) is a wobbler, meaning it can be charged as either a misdemeanor or a felony. Burglary offense California penalties 1st-degree burglary: Burglary of a residence felony: 2, 4, or 6 years prison 2nd-degree …
