Employees in California have the right to breastfeed at work. Employers have to make reasonable accommodations for lactating mothers. However, these rights and accommodations are often limited to pumping, not directly breastfeeding a newborn. If an employer does not make those accommodations, it can amount to workplace discrimination. What are breastfeeding rights in the workplace? …
Maybe. Teachers and prospective teachers may face difficulty in gaining employment or maintaining their educator positions, with a DUI or DWI conviction on their record. The true answer to this question typically depends on the severity of the DUI and the jurisdiction in which the teacher works. With regards to new teachers, they are subject …
At least twice per month. In California, nearly all employers have to pay commission-based earnings at least twice every month. They typically have to be paid in the first pay period they can be calculated. If the employee has left the company, commission has to be paid immediately. The details should be outlined in the …
Yes. Some jurisdictions allow police to administer urine tests in DUI cases to check if motorists have drugs or alcohol in their system. However, urine testing is sometimes less reliable than other forms of testing (for example blood tests or breath tests) and are considered less practical to administer. Police most often ask for a …
Prosecutors try to avoid filing charges against youths whenever possible. As of December 8, 2020, the Los Angeles District Attorney’s Office (LADA) is minimizing juvenile prosecutions in favor of steering troubled youth towards rehabilitative diversion programs. This way, young people avoid Juvi while learning tools for being law-abiding young citizens. Are juveniles still prosecuted for …
As of December 8, 2020, the vast majority of people arrested for a crime in Los Angeles will be released on their own recognizance and without paying any bail. In certain cases, LADA (Los Angeles District Attorney’s Office) may ask for conditions on defendants’ release (such as electronic monitoring). Prosecutors may still request bail in …
Not anymore. As of December 8, 2020, the Los Angeles County District Attorney’s Office (LADA) is no longer seeking the death penalty in pending or future murder cases. And for defendants currently on death row, LADA is no longer seeking an execution date. Does California still have the death penalty? Prosecutors in California other than …
Yes, but less so now that LADA (Los Angeles District Attorney) has adopted Special Directive 20-07. In attempt to promote rehabilitation over punishment, LADA will decline to press charges in many California misdemeanor cases. Instead, LADA will divert these suspects to treatment providers (called “diversion“) in attempt to keep them from reoffending. Which misdemeanors is …
As of December 8, 2020, the Los Angeles District Attorney’s Office (LADA) is taking habeas corpus petitions much more seriously. If there is any evidence that a petitioner was denied his/her constitutional rights to a fair trial or sentence, LADA’s Habeas Corpus Litigation Unit (HABLIT) will investigate and possibly remedy the matter such as by …
No jurisdiction in the United States has a vehicle code section for falling asleep while driving. However, if a person falls asleep while driving, and causes an injury or death in doing so, he/she could be charged under a state law on reckless driving or vehicular manslaughter. Falling asleep while driving is often referred to …
The issue regarding the difference between a DMV suspension and a court suspension arises in DUI cases. In these types of matters, a state’s Department of Motor Vehicles (DMV) can initiate the administrative suspension of a driver’s license following a DUI arrest. In addition, a court can order that a motorist’s license be suspended following …
As of December 8, 2020, people who have previously been convicted of a crime in Los Angeles County may be able to petition the court for a reduced sentence or even an immediate release. And people who are currently being held on bail may be able to get released on their own recognizance right away. …
A misdemeanor charge of driving under the influence (DUI) in California must be commenced within one year of the date it occurred. A felony DUI charge must be commenced within three years of the date it occurred. Commenced for criminal statute of limitations purposes means when one of the following events takes place: an indictment …
There are five main differences between misdemeanor probation and felony probation in the California criminal court process. Perhaps the biggest difference is that while misdemeanor probation is typically available for defendants with a misdemeanor conviction, felony probation is available to persons that were convicted of felony offenses. Other differences include that, in comparison to felony …
It is legal to have unopened alcohol in your car if you are over 21 years old. If you are under 21, it is illegal to be in possession of alcohol even if it is unopened. The only exception for under 21 drivers is the transport of unopened alcohol at the direction of a parent, …
California “employee privacy rights” refers to the rights that protect employees from employers intruding on their personal affairs and probing into their personal matters. These inalienable rights are largely guaranteed by Article 1, Section 1 of the California Constitution. They are also established via the State’s Labor Code and other similar statutes. California’s privacy laws …
California has both criminal and civil invasion of privacy laws. The civil laws include “false light” claims and cases involving the public disclosure of private facts. The laws are similar in that a person performs an act that invades the privacy of another. While the specific acts in criminal and civil cases differ – in …
If you possess a firearm in California and a child gets a hold of it in your home, you can face a number of criminal charges. This is true even if you legally possess the firearm. Sadly, there are stories in the news almost every week in which a child manages to find a gun …
Under California law, a “grand jury” refers to a group of citizens who are brought together to determine whether or not charges should be brought against a potential defendant in certain criminal cases. A preliminary hearing, by contrast, is a proceeding held before a judge in which he/she determines whether there is enough evidence in …
The basic definition of burglary is the same in California and Nevada: entering a structure or vehicle intending to commit certain crimes once inside. In Penal Code 459 PC, California burglary law draws a distinction between first-degree residential burglary, and second-degree commercial burglary. Burglarizing a home can land someone in California Prison for six years, …
Many fights can lead to California battery charges. However, if you face such charges after getting into a fight with an off-duty cop who was acting as a security guard, or with many other kinds of public workers or employees, the consequences of a conviction can be more severe. Most battery charges filed under California Penal …
Getting a DUI is an unpleasant experience, to say the least. Most people think that if they have been cited for a DUI, they are basically doomed. This is not always the case. There are many factors that can affect a DUI charge. With the help of qualified legal counsel, it is possible to sometimes …
Restraining orders are issued when someone petitions a California court to restrain the behavior of another for safety and security reasons. Restraining orders can be issued on an emergency, temporary or permanent basis. Permanent restraining orders can be issued for up to one to five years, so it is wise for defendants to consult with …
Knowing what to expect after an arrest in San Bernardino County can help make the criminal legal process a little easier. Here is what happens after you have been arrested. Once you have been arrested, you will be taken to the police station to be fingerprinted and photographed. You have a right to remain silent, …
You have the right to a speedy trial in your criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. If this right is violated, you and your attorney can file a Serna motion (aka a speedy trial motion) asking the judge to dismiss the charges. …
