California Blog - Page 3

How Low-Carb / High-Protein Diets Can “Trick” a DUI Breath Test

Posted on | Category: DUI

Some medical and physiological conditions can cause DUI breath tests to produce falsely high results. Such conditions include: diabetes (a common DUI defense) ketosis hypoglycemia, fasting, and high-protein / low-carbohydrate diets (such as the Atkins and Paleo diets). These conditions involve insufficient carbohydrate intake for energy, or – in the case of diabetes – insufficient insulin to keep blood …

Informants Must Pass Reliability Tests

Posted on | Category: Laws

Police informants in California provide the authorities with information that leads to search warrants, wiretaps, surveillance and the solving of crimes. The types of informants can range from random citizens who are aware of criminal activity…to agents of the police who infiltrate criminal organizations and report on their activities. No doubt informants are a very …

DUI Probation Violations

Posted on | Category: DUI

When people plead guilty to a California DUI charge, they usually get placed on probation. The court imposes certain “terms and conditions of probation.” Violating these terms and conditions may result in a bench warrant for one’s arrest, a probation violation, and possible jail time. The terms of probation consist of affirmative duties and prohibitions. …

Can I be fired in California for crossdressing at work?

Posted on | Category: Employment Law

California’s Fair Employment and Housing Act (FEHA), Government Code 12940, prohibits employment discrimination or harassment based on gender, gender identity, or gender expression. Some cities have passed their own regulations protecting gender identity and expression in the workplace. The city and county of San Francisco, for instance, has issued guidelines that include: Employers have the right …

Can a permanent resident be deported for a misdemeanor?

Posted on | Category: Misdemeanor

Permanent residents can be deported for certain misdemeanors. These include: crimes involving moral turpitude, drug crimes, firearms offenses, failing to register as a sex offender, violating a restraining order, domestic violence offenses, and child abuse crimes. These offenses make non-citizens deportable. This includes permanent residents. All non-citizens are deportable for certain crimes. What are deportable …

False Imprisonment vs. Kidnapping

Posted on | Category: Kidnapping

Penal Code 236 PC California’s false imprisonment law and Penal Code 207 PC California’s kidnapping law are frequently confused and commonly misunderstood. Many people believe that Penal Code 236 PC California’s false imprisonment law necessarily involves incarceration in a jail or prison. Although false imprisonment may involve such circumstances, it generally doesn’t. Simply put, false …

How to beat a solicitation charge – 3 legal strategies

Posted on | Category: Criminal Defense

There are 3 common strategies for how to beat a solicitation charge. These include asserting that the police engaged in illegal entrapment, showing the evidence to be insufficient to support a conviction, and attacking the arresting officers’ credibility. Each of these strategies can undermine the prosecutor’s case. It can prevent them from proving the charge beyond a …

Statute of Limitations for PAGA Claims

Posted on | Category: Laws

The statute of limitations for PAGA claims is 1 year. The Private Attorney General Act lets California workers file lawsuits against their employer for violating labor laws. To do so, the workers have to follow pre-filing requirements. This all has to be done before the statute of limitations has expired. If the statute of limitations …

Is there a link between hernia mesh and heart problems?

Posted on | Category: Hernia Mesh Lawsuit

There may be a link between hernia mesh implants and heart problems. Doctors have found that some people suffer heart conditions after an implant. While they seem to be rare, these heart conditions can be life-threatening. Worse, they can be difficult for doctors to diagnose. There may be a link between hernia mesh implants and …

How to Register an Unregistered Gun in California

Posted on | Category: Gun Laws

You can register an unregistered gun in California by completing and submitting a Firearm Ownership Report (FOR) Application. This voluntarily declares that you are the owner of the firearm. However, this form cannot be used to register an assault weapon. A FOR Application is not required for most firearms. They will have been registered by …

Can I sue someone for giving me herpes?

Posted on | Category: Personal Injury

Can I sue someone for giving me herpes?

Yes. You can sue someone for giving you herpes. The legal mechanism for this is a personal injury lawsuit. If the transmission came from nonconsensual sex, it can be a civil battery. It can be a negligence claim if the infected person lied about having an STD or should have known about the infection but did not …

What’s the difference between aiding and abetting?

Posted on | Category: Criminal Defense

What’s the difference between aiding and abetting?

Aiding and abetting are similar legal concepts but have slightly different meanings. Aiding a crime means helping someone else commit a crime. Abetting means to encourage or incite a criminal act, but does not necessarily entail helping or facilitating its execution. Both aiding and abetting are crimes and forms of accomplice liability. A conviction usually comes with the same …

Is DUI a Crime of Moral Turpitude?

Posted on | Category: DUI

Is DUI a Crime of Moral Turpitude?

A DUI can be a crime of moral turpitude (CIMT) if there were aggravating factors. It can also be a CIMT if drugs were involved. If it is a CIMT and the offender is not a U.S. citizen, that person’s immigration status can be affected. He or she could be deported. Crimes of moral turpitude also come with collateral consequences for …

Pleading No Contest to a DUI

Posted on | Category: DUI

Pleading No Contest to a DUI

Pleading “no contest” to a DUI charge is like a guilty plea. However, it does not admit wrongdoing. Instead, pleading no contest means that you are not going to fight the charges. It can keep a DUI conviction from being used as evidence against you in a civil lawsuit filed by the victims. There are …

Is Battery a Crime of Moral Turpitude?

Posted on | Category: Criminal Defense

Is Battery a Crime of Moral Turpitude?

Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries. This can trigger extra collateral consequences of a conviction. If you are not a U.S. citizen, you may be deported. However, many batteries do not cause any injuries. Even if committed against a spouse, simple batteries generally not involve moral turpitude. A CIMT can …

Where do people arrested by CHP get taken?

Posted on | Category: Criminal Defense

People arrested by CHP are taken to local county jails, city jails, police department jails or holding facilities. Aside from the CHP Lockup facility in Sacramento, the CHP does not operate its own system of jails. If arrestees are not released on bail or their own recognizance, they are held in these facilities until their arraignment. They can …

The Difference Between Lost Wages and Loss of Earning Capacity

Posted on | Category: Personal Injury

The Difference Between Lost Wages and Loss of Earning Capacity

Loss of earning capacity covers future economic loss, while loss of wages covers what has been lost already. Lost income is easier to calculate because it looks backwards. Loss of earning capacity can be more difficult because it requires a an estimate of what the person would have earned if not for the defendant’s wrongdoing. Both, …

How to check the status of your California drivers license

Posted on | Category: Drivers License

There are 3 ways to check the status of your California driver’s and whether it is valid or suspended: online on the DMV website, in person at a DMV office, and by mailing an INF 1125 form to the DMV headquarters. Each method has a fee. That fee ranges from $2 to $5.1 There are 2 …

How a DUI can impact your student loans

Posted on | Category: DUI

A DUI can only preclude you from getting federal student loans if drugs were found or if you are currently incarcerated. This could also cause a person to lose existing loans already granted. You may be ineligible to apply for federal aid for up to 2 years. In addition to federal funding, a DUI conviction can …

20 Legal Defenses for Fighting California DUI Charges

Posted on | Category: DUI

There is no such thing as a hopeless California driving under the influence (DUI) case. No matter what the allegations against you are, there will always be a promising DUI defense strategy that you can try.   The prosecution may allege that you drove with a blood alcohol concentration (BAC) of 0.20% (well over the legal …

Do I need an ignition interlock device if I don’t own a car?

Posted on | Category: DUI

No Car? Request an IID exemption. If the court ordered you to install an ignition interlock device (IID), but you do not have a car, you can request an exemption. By filing a declaration of non-ownership form, you ask the court to waive the IID requirement. Declarations of non-ownership have strict requirements. If any one of …

Five Common Examples of Aiding and Abetting a Crime

Posted on | Category: Criminal Defense

Five Common Examples of Aiding and Abetting a Crime

Five common examples of aiding and abetting a crime are: encouraging someone else to commit a crime, providing information or equipment, knowing that it would be used in the commission of a crime, assisting with the commission of the crime, acting as a “lookout,” and acting as the “get-away” driver. Note that aiding and abetting a …

6 Alternatives to Jail in a DUI Case

Posted on | Category: DUI

6 Alternatives to Jail in a DUI Case

There are six common sentencing alternatives to jail for driving under the influence (DUI). They are: drug or alcohol treatment or rehab, Mothers Against Drunk Driving (MADD) Victim Impact Program, community service, electronic monitoring with a SCRAM device, sober living, and DUI school. Each of these alternative sentencing options can help defendants avoid jail time. …

5 Prescription Drugs that Commonly Lead to DUI Charges

Posted on | Category: DUI

5 Prescription Drugs that Commonly Lead to DUI Charges

DUI charges can stem from any drug that impairs the ability to operate a vehicle safely. There are five prescription drugs in particular that commonly lead to DUI charges: Adderall, Xanax, Ambien, Vicodin, and Clarinex. Each of these can cause a motorist to be under the influence. None of these drugs cause any alcohol to enter the bloodstream. …

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