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Yes, it is illegal to remove a VIN number. Doing so can violate state law. It is also a violation of federal law. There are, however, some exceptions that can apply. Under federal law, removing a VIN number is a felony offense. A conviction can carry up to: 5 years in jail, and $250,000 in …
Dismissal without prejudice means a situation in which a is dismissed, but the petitioner is not necessarily precluded from later refiling it. This can occur in a criminal case and criminal procedures, though it is more common for civil cases to be dismissed without prejudice. Plaintiffs who have had their case dismissed without prejudice can …
Domestic Violence can be considered a crime of moral turpitude in CA Domestic violence can be a crime of moral turpitude. In many states, it will be if the alleged victim is a spouse. If it is a crime of moral turpitude, the collateral consequences of the conviction will be worse. It can prevent someone …
Retrograde extrapolation is a way to estimate a DUI suspect’s blood alcohol content (BAC). Police use the method to calculate what someone’s BAC was, hours before they were tested. Retrograde extrapolation is significant because it is often inaccurate. Suspects accused of driving under the influence can challenge the process and defend against a DUI charge. …
Penal Code 647j PC is the California statute that makes “invasion of privacy” a crime. This code section defines “invasion of privacy” as any of three distinct, yet related, crimes: Penal Code 647j1 – using a device to look through a hole or opening, Penal Code 647j2 – using a concealed camera to look under …
Hit and run can be charged as either a California misdemeanor or a felony depending on: the facts of the case, and what Vehicle Code section the offense is charged under. Vehicle Code 20002 VC is the California statute that defines the crime of misdemeanor hit and run. This section makes it a crime for …
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 …
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 …
Some short-term costs of a violation of a DUI law include: three to five years of summary probation, six months to several years in county jail (depending on the specific DUI offense charged), fines and penalty assessments that can total up towards $5,000, and completion of DUI school ranging from three to nine months. Some …
Skylight injuries can happen in lots of different ways. The injuries that they can cause are often serious. Sometimes, they are life-threatening or fatal. Bringing a personal injury lawsuit can be the best way to recover the compensation you deserve if you have been a victim. If you were on the job at the time …
There are at least 10 types of E-scooter malfunctions. Each one of these can cause serious injuries that lead to an E-scooter lawsuit. E-scooter sharing companies Bird and Lime are aware of these design defects. However, they have been slow to correct them. The delay has put thousands of E-scooter riders at unnecessary risk. 1. …
There are at least 12 reasons why shared E-scooters are so dangerous. 5 of them involve the poor designs used by E-scooter sharing companies like Lime and Bird. Others revolve around how difficult E-scooters are to ride and how little instruction riders get. Still others center on the lack of safety precautions E-scooter sharing companies …
If you have ridden a shared electric scooter, or E-scooter, you may have already waived your right to sue. E-scooter sharing companies Lime and Bird have extremely strict user agreements. Several provisions in them require you to waive some of your rights before riding. Overcoming these provisions and waivers can be difficult. Your ability to …
The jail time for a felony probation violation is either: the jail time that was suspended before probation was ordered, or if no suspension, the maximum jail time for the offense the defendant was initially convicted of. Note that a judge does not automatically have to place a party in jail if that person commits …
In some felony cases it may be beneficial for the accused to waive the preliminary hearing. (See Penal Code 860). Although unusual, some reasons to give up the right to a preliminary examination include: it avoids preserving testimony of witnesses (especially reluctant ones), bail status might be affected if evidence shows the crime to be …
A Ramey warrant is an arrest warrant issued by a judge or magistrate before the prosecutor has filed formal charges. To obtain a Ramey warrant, a police officer submits a declaration of probable cause to a magistrate. If the magistrate is satisfied that probable cause to arrest exists, he or she issues the warrant directing …
You likely have a personal injury case if you were a pedestrian and you were struck and hurt by an electric scooter, or E-scooter. In most E-scooter accidents it is easy to show that the rider was at fault. Collecting compensation, though, is much more difficult. The rider is rarely insured and often judgment proof. Getting the …
Capitation is a set fee paid by an insurance company to a physician for each person he treats, regardless of the exact services provided. In a non-capitated system, alternatively, an insurance company pays doctors based on the actual medical services provided. Capitation relates to a personal injury case because it is an issue that may arise …
A judge or jury will consider a host of different factors to help calculate the appropriate damage amount for the loss of enjoyment of life. Some of these are: the age of the injured person, the injured party’s educational background and work history, the severity of the injuries, the future consequences of the injury, and …
Yes. A judge can deny bail if an offense is punishable by death, if there is a parole hold, or if there is a public safety exception. The “public safety exception” allows preventive detention. It applies to certain classes of felonies and felony sexual assault offenses. If the charge is for any other offense, bail …
A motion to quash a warrant is a request for a court to find a warrant, or part of a warrant, invalid. Quash means to nullify, void or declare invalid. The two most common types of warrants are search warrants and arrest warrants. If a search warrant is quashed evidence can be suppressed or thrown …
Under Federal law, employers are encouraged to reimburse employees for uniforms or required clothes. But the law does not say that they must reimburse their employees for such costs. In addition, federal law states that employers, who require non-OSHA mandated uniforms, are not required to pay for them if they compensate their employees adequately. Federal …
If a witness in a criminal case refuses to testify, he or she could be found in contempt of court (Penal Code 166 PC). Being found in contempt of court can result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to …
California no longer has an “attractive nuisance” doctrine. This doctrine essentially makes property owners liable to injured children who have trespassed onto their property to explore something that could reasonably induced them to trespass. Objects that might cause this trespassing include a: swimming pool, pond, or trampoline. While there are no longer special instructions for …
The “last clear chance” doctrine is a legal rule that says: in personal injury cases, in which both the plaintiff and defendant were responsible for causing an injury/accident, the plaintiff can still recover damages from the defendant, if the defendant had a chance to avoid injuring the plaintiff in the final moments before the accident. …