Subject to certain age restrictions, someone from out of state can legally drive in California as long as: The driver has a current, valid license from the state in which he/she resides, and The license is valid for the type of vehicle the person is driving in California (such as a car, truck, motorcycle, etc.). …
The California DMV can suspend or restrict a license due to a driver’s cataracts or macular degeneration. But it may only do so if the condition actually affects a driver’s ability to drive safely. And even when driving ability is affected, cataracts and macular degeneration don’t always result in a lost license. Sometimes a driver …
Assembly Bill 2138 was signed into law by Gov. Brown in September 2018. According to the bill, a licensing board cannot take away, or deny, a license on the basis of a criminal conviction if the following is true: The conviction is seven years or older; and, The conviction is not substantially related to the …
5 things to look for in a slip and fall doctor are: whether he or she will provide treatment on a medical lien, whether the doctor is in your insurance network, the doctor’s experience treating injuries that will lead to a lawsuit, the doctor’s experience with workers’ comp cases, if you slipped and fell on …
With so many telemarketers ignoring the Federal Trade Commission’s National Do Not Call Registry, many people have begun taking matters into their own hands. Techniques we have seen touted on the internet include: Deliberately wasting the telemarketer’s time, Cussing, Blowing a whistle or air horn into the phone, Threatening the telemarketer, and Talking dirty to …
If you or someone you know in California is a “hoarder,” criminal charges can be added to the pile of problems created by this challenging mental illness. The Mayo Clinic defines “hoarding disorder” as: “a persistent difficulty discarding or parting with possessions because of a perceived need to save them. A person with hoarding disorder …
Chewing tobacco has little if any effect on a person’s actual blood alcohol level. Amazingly enough, however, chewing tobacco can lead to falsely high BAC results on a DUI breath test—and thus to unfair charges of DUI. This is because of the phenomenon known as “mouth alcohol.” DUI breath tests are supposed to only measure the …
On January 1, 2018, the state of California legalized the use of recreational marijuana by adults age 21 and over. Medical marijuana also remains legal and may be used by people under age 21 with a doctor’s recommendation (and consent of a parent if the patient is under 18). But marijuana remains an illegal Schedule …
One area of the law our California personal injury lawyers are following with interest is the protection of underage athletes from concussions and other sports injuries. In the United States, an estimated 1.7 million people sustain a traumatic brain injury (TBI) every year. And according to the California Office of Statewide Health Planning and Development, …
It may surprise you that a landlord can sue a tenant who brings bedbugs onto the landlord’s property in California. This applies to both residential and commercial tenants. Under California law, tenants have a legal duty to keep the premises they rent clean and sanitary. Breaching this duty is considered negligence. But even if the …
California Assembly Bill 1584 states that if law enforcement personnel wish to collect a DNA sample from a minor, they must first get the permission of both the minor and his/her parent(s). The California governor signed AB 1584 into law in September 2018; and, it imposes several other rules on the collection of a minor’s …
Assembly Bill 2952 was signed into law by Gov. Brown in September 2018. According to the bill, prosecutors can access California juvenile records that get sealed after a minor successfully completes informal probation. This is provided, though, that the prosecutor: gains the approval of the court to access such records; and, only accesses the records …
Misdemeanor probation, sometimes referred to as “summary” or “informal” probation, is an alternative to jail. It allows low-risk offenders to serve most or all of their sentence under court supervision instead of behind bars. Summary probation typically lasts for one year in California. During that time, the defendant must comply with certain conditions, such as: …
It is possible for a person to be arrested in California if he has a misdemeanor bench warrant from out of state. The fact that a judge issues a bench warrant against a person typically gets put into an interstate computer network. This means that the warrant will show up out of state if the …
This depends on the offense for which the juvenile strike was given. A strike cannot be expunged, or removed, if: it was given for a serious sex offense listed in Welfare and Institutions Code 707b, the offense was committed when the defendant was 14 years of age or older, and the juvenile is required to …
A new California law limits the duration minors can be placed in solitary confinement. Minors in juvenile detention centers can only be held in solitary confinement for up to 4 (four) hours, absent special circumstances. On January 1, 2018, the California State Legislature enacted specific guidelines concerning minors in solitary confinement in a juvenile detention …
Police misconduct and abuse involving tasers is very common. Tasers and stun guns burst onto the law enforcement scene in the 1990s. They are sometimes billed as “nonlethal” alternatives to firearms. But in fact, tasers and stun guns are very serious and even lethal weapons. Over 350 people in the United States have died after …
Under the California Fair Employment and Housing Act, Government Code 12940 GC, employees may sue their employers for workplace harassment committed by a client of the employer. This is sometimes called third-party sexual harassment. An employee may sue for workplace harassment if the employer’s behavior regarding the harassment is negligent. An employer’s behavior is negligent …
Attempted extortion is considered a crime in many states. A person commits the offense by attempting to use force or threats to obtain money or property from another person, even though the other person does not comply with the demand. In most jurisdictions, a prosecutor can charge this crime as either a misdemeanor or a …
The statute of limitations (“SOL”) refers to the time period within which a prosecutor in California must file criminal charges. If charges get filed after the statute of limitations period expires, then depending on the crime, a person cannot be lawfully arrested or charged for that offense. The SOL time-clock typically begins to run when …
Dashcams are also referred to as Mobile Video/Audio Recording Systems (“MVARS”). These devices are dashboard-mounted cameras used in some law enforcement vehicles to record arrests, and events leading up to arrests. Depending on the facts involved, a dashcam may help a California DUI case. MVARS may be helpful in showing that: an accused passed a field …
With the increase in publicity related to police misconduct, law enforcement officers often order people to stop taking photographs or video in public places. In some instances, the police even harass, detain or arrest people who use their cameras or cell phone recording devices in public. But is that legal? On private property, the property …
In some cases, yes. California is a “no-fault” divorce state. This means that, in general, evidence of specific acts of misconduct is improper and inadmissible in a pleading or proceeding for dissolution of marriage or legal separation of the parties. However, a conviction for domestic violence or a violent sexual felony against your spouse changes …
Yes. Unfortunately, undocumented immigrants are not the only non-citizens subject to detention by US Immigration and Customs Enforcement (“ICE”). Any non-citizen can also be detained if they have a past conviction for a “removable” (deportable) crime. This includes: Lawful permanent residents (also known as “LPR”s or green card holders), Visa holders, and Refugees (including those …
The punishment for filing a false police report is usually up to a year in jail. However, not all states treat the offense as a misdemeanor. Some states treat it as a felony that carries more than a year in prison. Falsely accusing someone could also lead to civil claims, such as defamation. Other charges …
