Generally, if the car accident produced injuries or significant property damage, a police report has to be filed within a day if the police did not already produce one at the scene of the accident. Drivers may have longer to file an accident report with their state’s DMV. Failing to timely file these can lead …
All personal injury demand letters should include all of the parties involved, a description of the accident, a summary of the damages and aftermath, and a demand for compensation. Equally important is to not include things like an unreasonable demand, an admission of fault, or precise details that can be challenged. A personal injury attorney …
There is no specific rule that prohibits a defendant in a criminal case from speaking directly with the district attorney in an attempt to negotiate a resolution of the charges. However, most jurisdictions have ethics rules that say prosecutors cannot speak directly with defendants whom they know to be represented by an attorney. If a …
A criminal protective order is an order a judge issues to protect either the victim of a crime or a witness to a crime. These persons are often referred to as protected persons. The orders protect the protected person from an aggressor, usually a defendant in a criminal case. CPOs are common in domestic violence …
Under the law in most states, there is no difference between a protective order and a restraining order. The two terms are used interchangeably. Both are described as a court order that is designed to protect a person from: harassment, physical abuse, stalking, or threats by another person – that is specifically named in the …
Some examples of witness intimidation include: a defendant mails her accuser an article about witnesses who mysteriously die after testifying. a store robber tells the cashier “bad things will happen” if the police find out. a rapist offers his victim money to not report him. Under California Penal Code 136.1 PC, it is a crime …
A misdemeanor arraignment hearing is usually the first formal court hearing in a criminal case in which a defendant is charged with a misdemeanor offense. During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges …
Open container laws in most jurisdictions make it illegal for a person to have an open container of alcohol in the passenger compartment of a car. DUI laws, on the other hand, make it a crime for a person to either drive under the influence of alcohol or drive with a BAC of .08% or …
Jails and prisons are supposed to release prisoners promptly once their sentence is completed. But sometimes they fail to do so. This is commonly referred to as “overdetention”. The primary remedy for overdetention is a civil lawsuit seeking monetary damages. If the person is still in jail, a judge can also order the jail or prison to release …
Defendants facing criminal charges for driving under the influence of drugs or alcohol can file a suppression motion asking the court to disregard (“suppress“) all the evidence that law enforcement officers may have unlawfully obtained. If the judge grants this motion, then the prosecution may be forced to dismiss the DUI charges for lack of …
State laws throughout the United States say that handicap permit holders are the only people that can legally use them. But a person can generally use a parking placard as either a driver or a passenger. This means placard holders can use them in another car as long as they are in the car at …
In criminal cases in the United States, a defendant can generally seek to withdraw a guilty plea after sentencing by filing a motion to withdraw the plea and demonstrating good cause therefore. If the judge denies the motion, the defendant may be able to appeal the judge’s decision. Under California criminal law, a defendant can …
Under California employment law, all employers have a legal obligation to pay employees the wages they have earned and to pay these wages on time. This includes the final payment of wages upon a worker’s termination of employment. Per several California Labor Code sections and the state’s labor laws, an employer is subject to penalties …
In California, it can be legal to kill someone in self-defense. However, it is only a justifiable homicide if the person had a reasonable belief that there was an imminent danger of being killed or seriously hurt, that deadly force was the only way to prevent it, and used an appropriate level of force. Otherwise, …
Yes, the possession of a stolen vehicle identification number (VIN) is a crime. Depending on the state, it is usually a severe misdemeanor or a low-level felony. Convictions can carry up to several years in prison. However, prosecutors generally have to prove that the defendant knew the VIN was stolen and intended to harm a …
The difference between Penal Code 273.5 PC and Penal Code 243(e)(1) PC rests on whether the domestic violence victim suffered a physical injury. Section 273.5 covers domestic violence that causes corporal injury. Section 243(e)(1) applies to domestic violence that does not cause an injury. Because 273.5 PC involves more serious conduct, the penalties of a …
You can find out if there is a misdemeanor on your criminal history by requesting a copy of your criminal record. You can request a copy of your criminal record from the Federal Bureau of Investigation (FBI) or the relevant agency in your state. In California, that is the California Department of Justice. A criminal …
The plea bargain process is a negotiation between the prosecutor and the defendant, usually through his or her criminal defense attorney. Either side can initiate it. The process usually begins at the arraignment, and a deal can be struck any time before a jury verdict. Many plea bargains have to be approved by the judge. …
Plea bargaining is a useful tool that is beneficial to both the prosecution and the defense. The parties typically enter into these negotiations when neither side is confident that the case will ultimately resolve in their favor. When the defendant and prosecutor engage in the plea bargaining process and strike a deal, the prosecutor obtains …
As of December 8, 2020, LADA (Los Angeles District Attorney’s Office) has stopped filing sentencing enhancements in felony cases in accordance with Special Directive 20-08. The only exceptions are cases involving children, the elderly, and hate-motivated crimes Which sentencing enhancements have LADA stopped filing? With the exception of cases involving vulnerable victims, L.A. County prosecutors …
A DUI conviction will show up on a criminal background check unless it has been expunged or sealed. This means that employers, landlords, and others may learn about it. The most common type of background check is based on a person’s social security number. This is the type used by most employers and landlords. In theory, …
Fixed ladders with no cage at the top are accidents waiting to happen. These ladders often go well over 20 feet in the air. When they have no cage, people climbing them have nothing to protect them from a fall. The cage is especially important at the top of the ladder. If you fall from …
There are at least five situations where domestic violence is a felony in California. Felony charges under Penal Code 273.5 could be filed if a person: inflicts corporal injury resulting in a traumatic condition upon an intimate partner, commits DV and has certain prior battery convictions within 7 years, commits DV and has a prior domestic …
In California, a defective tire accident is a car crash caused by a faulty tire. The tire can be defective because of a design or manufacturing defect, a failure to warn consumers of the danger, or because of someone’s negligence. Victims in the crash can recover compensation from the party responsible for the tire’s defects. …
The elements of a conspiracy under California criminal law are: the defendant agreed with another person, or persons, to commit a crime, one of the parties to the agreement took an overt act to further or advance that agreement, and the overt act was committed in California. The “elements of a crime” refer to the …
