A criminal conspiracy charge can be filed against you if you and at least one other person agree to commit a crime, you intend to commit the crime, and you or a co-conspirator make an overt act in furtherance of the crime. You can be liable for conspiracy even if you never act unlawfully on …
A California arrest record is a report generated by police or law enforcement authorities after they arrest you. The record is considered a criminal record and is made for arrests involving both misdemeanor and felony offenses. Arrest records are considered public records and you can access them by contacting the agency that made the arrest …
The term released on own recognizance means that you can get out of jail after an arrest without having to post bail. You simply have to promise to show up at future court proceedings. “Released on own recognizance” is also sometimes referred to as “R.O.R.,” “own recognizance release,” or an “O.R. release.” You or your …
Many states do have specific laws that make it illegal to leave a child unattended in a motor vehicle. Depending on the facts of your case, and the state you live in, you could violate one of these laws if: you leave your child in the car unattended with the car’s motor running, you leave …
There are two main ways to get disability benefits after settling a workers’ compensation case. First, you can settle the case with a Stipulation and Award, which continues to pay ongoing benefits. Second, you can settle for a lump sum and then continue to collect Social Security Disability Insurance (SSDI) or long-term disability (LTD) benefits. …
In preparing for a DMV hearing, you should do the following: Finalize your legal defense. Organize your evidence and submit declaration on time. Issue subpoenas and expect to enforce them. Review the DMV’s evidence. Write down your arguments. At the conclusion of the hearing, the hearing officer can: decide to suspend your driver’s license based …
Petty larceny (sometimes called petty theft) is generally defined as stealing someone else’s property when the value of the property is below a certain threshold amount (such as below $500.00). The 5 best defenses to a petty larceny charge are to show that: you actually own the property that was allegedly stolen, you acted with …
You will get your bail money back if you paid cash bail and made all your required court appearances. You will not get your bail money back if you paid cash bail and missed a court date. You also will not get any money back if you posted bail by means of a bail bond. …
If you win your DMV hearing, the hearing officer will set aside the action. This restores your driving privileges. Winning an admin per se (APS) hearing following a California DUI allows you to keep your license pending the result of the criminal trial (assuming there are no other bars to you being able to drive.) …
Playlist: Preliminary HearingsWatch this playlist on YouTube During a preliminary hearing, the prosecutor presents evidence (which can be witnesses, documents and physical evidence) that the defendant committed the charged crimes. The purpose of the proceeding is for the judge to determine if there is sufficient evidence to bind the defendant over to stand trial. The …
Most jurisdictions say that you are an accessory after the fact if you knowingly help a criminal escape justice after that person has committed an offense. “Help” usually takes the form of knowingly harboring, concealing, or aiding a criminal so that he/she can avoid prosecution or punishment. Depending on the facts of the case, a …
In negligence cases, you have to show that the defendant was at fault because he or she acted without due care or breached a duty of care. In strict liability cases, you only have to show that the defendant caused your injuries – not that he or she acted in any sort of deficient manner. …
A drug diversion program works by removing or “diverting” first-time, low-level drug defendants from the criminal justice system. These defendants are ordered to complete a rehabilitation program. If successful, the charges are dropped, dismissed, or sealed. If you fail to complete the program, however, the prosecution resumes and often goes straight to the sentencing phase. …
A character recommendation letter is a letter written by someone else that attests to your good character. These are commonly used during a sentencing hearing after a criminal conviction. Five things to know about character letters are: quality is better than quantity, it matters who writes them, the person writing them may get contacted, good …
Negligence is the unintentional failure to use reasonable care. This can lead to liability if you had a legal duty of care, failed to uphold the duty, and thereby caused someone’s injuries. 10 common examples of negligence are: car accidents, slip and falls, defective products, dog bites, medical malpractice, workplace accidents, swimming pool accidents, inadequate …
If you have an outstanding bench warrant for your arrest, you may file a motion with the court to recall (“quash”) the warrant. The court will then hold a hearing where your defense attorney and the prosecution can argue their positions. Ultimately, the court has discretion whether to quash the warrant or let it stand. …
Generally, the driver who veered from his or her lane is at fault for a sideswipe car accident. However, if another driver forces you out of your lane, that driver may also be at fault. If the at-fault drivers fled the scene of the crash, your insurance company can cover the accident. What is a …
A plea bargain, or plea deal, is an agreement between you and the prosecutor to resolve a criminal case. You agree to plead guilty rather than taking the case to trial. The prosecutor will often agree to reduce the charge or the penalties of the conviction. A plea deal can be struck at any point …
While researchers are currently trying to create a workable breathalyzer-type device to test for THC, or the psychoactive compound in marijuana, modern breathalyzers cannot detect THC or weed. Rather, police officers currently rely on field sobriety tests and tests that examine saliva and blood to help determine if you are under the influence of marijuana. …
Grand Theft Person in California (487(c) PC) – 3 defensesWatch this video on YouTube In California, “grand theft person” is the crime of unlawfully taking property directly from the person of the lawful owner. The property can be of any value. However, the item taken generally has to be touching the owner when it was …
Blood tests used for driving under the influence (DUI) of marijuana cases can detect marijuana over 12 hours after ingestion. For frequent users, the drug can stay in your blood for up to a week. This evidence can be used against you in a drugged driving case even though you were not impaired by marijuana …
A wrongful termination happens when a worker is fired or laid off for an improper or unlawful reason. Five common examples of wrongful terminations are when the worker is discharged for: filing for workers’ compensation, blowing the whistle on wrongdoing, discriminatory reasons, taking legally-protected leave, and/or demanding unpaid wages. You have legal recourse if you were …
The law generally recognizes two primary types of sexual harassment claims: quid pro quo and hostile work environment. Quid pro quo harassment is when someone in a position of power uses his or her authority to make sexual demands in exchange for offering a workplace benefit. Hostile work environment harassment involves unwelcome sexual behavior that …
You should consider talking to a pregnancy discrimination attorney if you think you have been treated unfairly because of your pregnancy. This type of discrimination violates state and federal law. It can take many forms, such as being denied sick leave, losing career opportunities, or not being hired. You can file a demand letter or …
As criminal defense attorneys, we draw upon several legal strategies to help drivers win at a DMV administrative hearing. These include showing that police lacked probable cause to stop the motorist for a DUI, and that police failed to follow proper procedures in administering the blood or breath test. Counsel can also focus on the …
