You can expect the payout for a motorcycle accident to be anywhere from a few thousand dollars to over $1,000,000. The injuries that you have suffered are a primary factor in what to expect. However, the specific facts of your case can substantially increase or decrease your potential settlement or verdict. What is the average …
Five examples of when a person can be charged with first-degree murder under California law include when the party kills someone by using a weapon of mass destruction; by lying in wait; by inflicting torture; by a willful, deliberate, and premeditated killing; or by committing a felony murder. Penalties for First-Degree Murder First-degree murder is …
The term “speed contest” means for one motor vehicle to race against another while on a public street, or in an area not designated for a car race. It can also refer to the act where you race a car against some type of timing device (such as a stopwatch). Engaging in a speed contest …
An ICE hold refers to a written request from U.S. Immigration and Customs Enforcement (ICE) to a local jail or other law enforcement agency that has taken a person into custody after a lawful arrest. The request asks that the jail or agency detain the person for an additional 48 hours after his/her scheduled release date. …
People facing a bench warrant hearing must generally know the following: what it is, what to show a judge, why you should not avoid one, how to know if you are subject to one, and how a criminal defense attorney can help. A bench warrant in most states is a court order that instructs law …
7 tips for how to find a personal injury lawyer are: look for one who handles cases like yours, find one with lots of experience, ask about their case results, get a referral, interview several lawyers, not just one, choose one that you enjoy and trust, and get a fee structure that fits your needs. …
If you fail a drug test while on misdemeanor probation, the most common happenings include: a warning, community service, rehabilitation, counseling, modification of probation conditions or probation revocation, and jail time. In cases involving probation modification or revocation, a judge will likely hold a probation revocation hearing to determine that you did in fact violate …
You can sue a homeowner’s association (HOA) for negligence if it fails to uphold its legal obligations and you suffer losses as a result. This often happens if the HOA does not adequately maintain common areas and you get injured. The written rules and covenants of the HOA determine its specific obligations and legal duties. …
The term “queen for a day” in the legal context refers to a written agreement between federal prosecutors and a person suspected of a crime. Under the agreement, you agree to tell the government about your knowledge of criminal activity, and in turn, the prosecutor agrees not to use your statements against you in any …
After an 18-wheeler accident, victims can expect the trucking company and its insurer to try to settle the case. These parties will try to downplay the victim’s injuries and exaggerate the victim’s role in causing the crash. As evidence is uncovered, settlement talks will heat up. While most accident cases settle out of court, a …
Wrongful death settlements can be paid out either as a lump sum or in a structured settlement. Lump-sum settlements are paid out all at once. Structured settlements provide regular payments to the deceased’s loved ones over time. The parties to the lawsuit have to agree on how the settlement is paid. With exceptions, the settlement …
You generally cannot appeal a conviction stemming from a plea of guilty or no contest. But you can make a motion to withdraw a guilty plea or no contest plea. If a judge grants the motion, you are then given the chance to withdraw the prior plea and substitute it with a plea of not …
The top 3 legal defenses to arson charges are for you to show that: you did not act with criminal intent, the fire was started by something other than arson, and you were falsely accused. The criminal laws of most states say that you commit the crime of arson if you intentionally and willfully set …
In general, a defendant in a criminal court proceeding should not talk to a witness. This is because: the judge usually orders the defendant not to have contact with any witnesses, and speaking with a witness could lead to charges of intimidating or dissuading a witness, any statements a defendant makes to a third party …
Most states say that a felony charge is a criminal offense punishable by imprisonment for a term of one year or longer. The most serious felonies, such as murder and rape, can even be punished by life imprisonment or the death penalty in some jurisdictions. Felonies are more serious than misdemeanors, which are punishable by up …
Numerous factors surrounding a car accident can be used to tell who was at fault for the crash. Some of these are the location of the damage on the vehicle, statements by the drivers and any witnesses, skid marks, and video of the accident. Pieces of evidence like these are used to show who is …
Generally speaking, no. This means if you are stopped on suspicion of DUI and asked to perform field sobriety tests (FSTs), you can lawfully refuse to do so. In fact, most criminal defense attorneys and DUI attorneys recommend that you politely refuse to take FSTs because they are more likely to hurt than help your …
If you are charged with California DUI and plead guilty to California “wet reckless” as a plea bargain, then you may find that you are unable to travel to Canada. Travel to Canada with a DUI can be difficult or impossible, because Canadian immigration law prevents anyone with a serious criminal conviction from entering the country. …
Amazingly enough, the answer is yes. Under California law, you could theoretically receive a county jail sentence for squealing your tires. Vehicle Code 23109(c) sets out the crime of “exhibition of speed.” This “crime” consists of nothing more than accelerating or driving at an unsafe speed in order to show off or impress other people. …
Identity theft occurs when someone acquires and uses another person’s private identifying information. Both California, as well as federal law, imposes punishments for identity theft. It is possible for individuals to be prosecuted for the same act of identity theft under both state and federal law. Both California Penal Code 530.5 PC and California Penal …
Individuals who have been the victim of police misconduct in California may file a criminal complaint. However, various types of police misconduct could constitute a crime, civil cause of action, or both. Victims may consider filing a civil rights lawsuit in order to be financially compensated for the harm they suffered if a police department …
There is no specific law in California that makes public urination a crime. However, a person who is caught urinating in a public place could be charged with public nuisance, public intoxication or indecent exposure. Penal Code 640 PC prohibits urinating or defecating in a system facility or vehicle, other than a lavatory, unless it …
If you are severely intoxicated on private property in California, can you be charged with being “drunk in public” under Penal Code 647(f) PC? If the private property is “open to the public,” the answer is: absolutely. Private Property “Open to the Public” California Penal Code Section 647(f) makes it a crime to be in …
If that donut or sandwich you’re eating on your morning commute to work in California causes you enough distraction to affect the safety of your driving, you could be pulled over and charged with the crime of reckless driving. When most people think of “distracted driving,” they think of people using hand-held cell phones and …
Electric skateboards and so-called “hoverboards” are increasingly popular amoung young people. But while a California law makes these boards legal, it also makes riding one under the influence a crime. In October 2015, then-Governor Jerry Brown signed AB 604 into law. Effective January 1, 2016, the law allows people 16 and older to ride electric …
