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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 …
Pedestrians do not always have the right of way in California. Vehicle Code 21950 is the California statute regarding the right of way for pedestrians. This law states that drivers must yield the right of way only within: any marked crosswalk, or any unmarked crosswalk at an intersection. Further, the code section imposes a duty …
Commercial robbery takes place in a business like a bank or convenience store. Residential robbery is a robbery that takes place where people live or reside. Residential robbery is considered first degree robbery. Commercial robbery is considered second degree robbery. Under Penal Code 211, robbery is: the felonious taking of personal property, in the possession …
A rock may be considered a deadly weapon. Criminal laws generally say that an object is a deadly weapon if it can be used in a manner that makes it capable of producing death or great bodily injury. Given this definition, a “deadly weapon” may include such things as: rocks, bottles, and BB guns. Penal …
“Prowling” is a crime in California per California Penal Code 647i PC, the State’s “peeking while loitering law.” A person commits this offense when he: peeks into an inhabited building, and does so while loitering on private property. PC 647i is technically known as California’s law against “peeking while loitering” or “unlawful peeking.” A violation …
If a college applicant has a DUI record, the school or university may do one of three things. These are: deny the applicant, may or may not deny the applicant while using the DUI as a factor in the decision, or ignore the DUI and accept the applicant. The determination as to which one of these …
Extradition is the process of arresting and returning a fugitive from one state to another state (or country). At an extradition hearing, a judge first determines whether the right person was arrested. Second, the transfer paperwork is reviewed for correctness. If the demand is proper, the fugitive from justice will be held for pickup by …
The time between an arrest and trial in California depends on whether the defendant committed a misdemeanor or a felony. An accused has a right to a “speedy trial” in his criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. California has provided further …
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 …
Per Penal Code 1203.2, Rules for Probation Violations in California, the main penalty for a probation violation is that the judge can: revoke probation, and sentence the defendant to up to the maximum term of the offense for which he was committed. Depending on the facts of a case, a judge may also: revoke probation …
Know that there are several legal defenses that an accused can raise to beat, or reduce, a charge of domestic violence. Some of these include: the alleged victim’s injury was the result of an accident, the alleged victim’s injuries did not result from the defendant’s actions, the defendant was acting in self-defense or in defense …
No, California does not have a Romeo and Juliet law. In California, it is illegal for anyone to engage in sexual intercourse with a minor. Even another minor. A Romeo and Juliet law says it is not always a crime to have consensual sex with a minor. But the guidelines are very specific. Texas, for …
Some people think corpus delicti refers to a corpse, or a dead body. Not true. Corpus delicti is a Latin phrase that means body of the crime. In a theft case, stolen property is a key part of the corpus delicti. In an assault case, a broken nose might be part of the body of …
A relatively new California law involving forced blood draws, in the context of DUI cases, states that no warrant is required for the draw when: an officer directs that a suspect’s blood be drawn to measure blood alcohol content (BAC), and the suspect freely and voluntarily chooses a blood test over a breath test. This …
Violating a restraining order does stay on a person’s record in California. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order. A violation of this statute can be charged as either a misdemeanor or a felony, depending on the …
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 statute of limitations purposes means when one of the following events takes place: an indictment or …
There is a statute of limitations for a probation violation in California. The statute of limitations expires the moment when a party’s probation period ends. This means that a probation violation cannot be charged if it gets discovered after a person’s probation period is no longer active. Note that a probation violation occurs once a …
The Medical Board of California (“MBC”) investigates medical billing practices in California. The MBC is a state governmental agency within the California Department of Consumer Affairs. The Board’s mission is to review and investigate complaints about, and discipline physicians and allied healthcare professionals. A few examples of the types of complaints reviewed by the Medical …
The criminal justice system is confusing and complex, and just like any profession you will find good lawyers and bad. Here are at least 5 signs that you may be dealing with a bad criminal defense attorney. 1. RESPONSIVENESS One good way to gauge how responsive an attorney might be is to observe how responsive …
There are at least five situations where a person could be charged with felony domestic violence (DV) 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 …