California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 5

Taking back (“recanting”) your domestic violence statement will not automatically cause the criminal case to be dropped – especially if prosecutors have other evidence that abuse occurred. Plus, the police may then arrest you for giving false statements, obstructing justice, perjury, or even contempt if you fail to show up to trial. To reduce the …

Attempted murder is a serious felony that, depending on the facts of your case and the state in which your crime took place, could result in a sentence of life in prison. Like it sounds, an attempted murder is trying – and failing – to kill a human being. Note that if the victim dies …

An arraignment is the first formal court proceeding in a criminal case. For felony charges, an arraignment must generally occur within 48 hours of your arrest if you are held in custody. If you are not kept in custody, then the proceeding must typically take place “without unnecessary delay.” In terms of a trial date, …

Registered sex offenders are generally free to obtain a passport and travel internationally. That said, there may be restrictions as to where they can go. While U.S. law does not forbid them from traveling out of the country, other countries may restrict registered sex offenders from entering once customs agents see the “sex offender” identifier …

You are under no lawful obligation to sign a severance (also called a separation) agreement. Five examples of when you may not want to do so are when: you intend to sue your employer after your termination, the severance package is not sufficient, you do not have legal representation, it would unduly restrict your professional …

 After a violation of felony probation in California, there are three things that can happen. The judge can: reinstate probation under the original terms, modify the terms of probation to make them stricter, or revoke probation and send you to prison to serve the rest of your sentence. California judges at the probation violation …

As long as the relationship is not sexual, it is generally not unlawful merely to date a minor. If the relationship is sexual or involves any sexual contact, the ages of the parties will matter. So will where they live, as each state has its own age of consent law and statutory rape law, its own …

You can sue the salon for a tanning bed burn if the negligence of the salon or its employees caused your injuries. This can happen if, for example, the tanning bed was not properly maintained or if an employee forgot to end your tanning session. Tanning bed burn injuries can be serious. If you did …

After a search warrant has been executed, law enforcement generally has to do five things: secure the premises, notify the party targeted by the search, provide a receipt of anything that was seized, return the warrant to the magistrate that issued it, and hold any seized property in police custody until trial. These steps are …

Ten examples of involuntary manslaughter are unintentionally killing someone else: while texting and driving a motor vehicle, while speeding or committing another traffic violation, while driving under the influence (DUI) of alcohol or drugs, by accidentally discharging a firearm in an argument, by improperly prescribing medication, while practicing medicine without a license, by forcing workers …

As a victim in an Uber accident, you can bring a claim to seek compensation for all of your legal damages. That compensation can be worth anywhere between a few thousand dollars to over $1,000,000, depending on the nature and severity of the injuries. You will rarely see your compensation reduced for your share of …

In limited circumstances, you can sue your employer if you have been hurt on the job. For most work injuries, however, workers’ compensation is the exclusive remedy. You may be able to sue your employer for a workplace injury if the employer intentionally causes the injury, fraudulently conceals their connection to the injury, acts in …

You can prove discrimination in the workplace by providing evidence that it is taking place. This can include testimony from coworkers, discriminatory emails from supervisors, problematic employment practices, or almost anything else. As long as something shows, or even suggests, that your workplace is discriminatory, it can be used to prove a workplace discrimination claim. …

Generally, inappropriate workplace behavior that is either severe or pervasive qualifies as a hostile working environment. Workplace behavior is inappropriate if it amounts to harassment. Conduct can be harassment if it targets someone’s protected trait and is unwelcome. If the hostile working environment was created by your supervisor, you may be able to hold your …

You can expect restaurant injury settlements to compensate you for your legal damages. These are all of the losses that you have sustained from the incident. They can be calculated using a settlement formula. Generally, restaurant accidents rely on premises liability. A personal injury lawyer can help guide you through the settlement process, similar to …

Wage discrimination is the illegal practice of an employer paying unequal compensation to workers for substantially the same work because they belong to a protected class. California’s anti-wage discrimination law – called the California Equal Pay Act (CEPA) – forbids paying workers who perform substantially similar work different compensation because of their sex, race, or …

Normally after you get arrested and charged with a crime in California, you either take a plea or go to trial. Pretrial diversion “diverts” you from this process before a plea is ever entered. Pretrial diversion programs allow you to avoid jail and a conviction as long as you complete all the required conditions. These …