TL;DR Open carry is currently illegal in most of California, even though a 2026 Ninth Circuit ruling challenged the ban. The Baird v. Bonta ruling has been paused while the state seeks further review, so law enforcement continues to enforce California’s open carry restrictions. California law allows limited open carry licenses for exposed loaded handguns …
Colorado has its own state-level RICO statute known as the Colorado Organized Crime Control Act (COCCA). Like the federal RICO law, COCCA allows state prosecutors to pursue criminal masterminds who run illegal organizations. In this article, I break down what COCCA is, how it compares to federal RICO, and how state prosecutors are using COCCA …
Working off the Clock — 5 Ways Employers Try to Force YouWatch this video on YouTube In California, the term “working off the clock” refers to non-exempt employees who perform (unpaid) work after clocking out, before clocking in, or during unpaid rest and meal breaks. Working off the clock violates both California law and the …
California employers who offer a severance agreement to induce you to waive your rights must follow strict legal rules—especially if you are 40 years old or older. Both federal law and California law place important limits on severance agreements. If you are age 40 or older and are being asked to waive age-discrimination claims under …
TL;DR An out-of-state DUI can trigger license consequences in the arresting state and criminal charges under that state’s DUI laws. The arresting state’s DMV may suspend driving privileges, and drivers usually must request a DMV hearing quickly to challenge the suspension. A DUI conviction can lead to jail time, fines, probation, DUI school, and ignition …
TL;DR DUI is usually a criminal offense, not a traffic infraction, and it is most often charged as a misdemeanor. A DUI conviction can lead to jail time, fines, probation, DUI school, license suspension, community service, and ignition interlock device requirements. Felony DUI charges may apply when prior DUIs, physical injury, death, or child passengers …
TL;DR To recall a bench warrant in California, you or your attorney must appear in court and request that it be cleared. A bench warrant does not expire and stays active until it is resolved or the person dies. Failing to address a warrant can lead to arrest, additional charges, fines, or jail time. …
TL;DR Whether you can get a DUI on a bike depends on your state’s laws and how “vehicle” is defined. In many states, bicycles are not considered vehicles for DUI, but some states do allow DUI charges for biking. Even if DUI does not apply, you can still face other charges like public intoxication or …
TL;DR Key steps include staying silent, hiring an experienced defense lawyer, and gathering evidence to support your case. Avoid speaking to police, friends, or posting online, as anything you say can be used against you. Common defenses include consent, alibi, misidentification, false accusations, and lack of evidence. To beat a sexual assault charge, you …
TL;DR To expunge a misdemeanor in California, you must complete probation, file the correct paperwork, and attend a court hearing. Eligibility depends on factors like finishing probation, not facing new charges, and typically not serving time in state prison. Expungement can improve job prospects and remove many penalties, but it does not restore all rights …
TL;DR Arrests can stay on your record permanently unless you take legal action to have them sealed or expunged. Expungement or sealing removes the record from public view, but it may still exist in law enforcement databases or media archives. Eligibility and rules vary by state, with some allowing record removal only after meeting strict …
TL;DR A California DUI conviction can trigger a driver’s license suspension, and reinstatement usually comes after the suspension period is complete. License reinstatement requires completing DUI school, filing Form SR-22 proof of financial responsibility, and paying the DMV reissue fee. A DMV hearing challenges a proposed suspension, while license reinstatement restores driving privileges after the …
TL;DR Sex offenders typically must register within a few days of release or sentencing and update their information annually. Registration requirements vary by state and offense, ranging from 10 years to lifetime registration. Failing to register is a separate criminal offense that can lead to prison time and other penalties. People required to register …
TL;DR Possession with intent to distribute is more serious than simple possession because prosecutors must prove you had the drugs and intended to sell or distribute them. Prosecutors prove intent through direct evidence, such as statements or undercover sales, or circumstantial evidence, such as packaging, scales, large quantities, cash, or weapons. Defense strategies may challenge …
In Nevada, speedy trial motions are where you ask the court to dismiss your criminal charges because you have not been given a trial within 60 days of your arraignment.1 Even if you agree to waive the 60-day rule, you can still bring a speedy trial motion later on if the court continues to …
What is the average wrongful termination settlement in California?Watch this video on YouTube Workers who prevail in a wrongful termination claim often receive compensation ranging from $5,000 to $100,000. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth. Of particular significance is your salary before …
Workplace Investigation — What Are My Rights as an Employee? Top California Labor Lawyer ExplainsWatch this video on YouTube As employees, you have rights during a workplace/human resources investigation. These can be especially strong if you are a public employee or have a collective bargaining agreement. Regardless, your employer must follow company policies during the …
Workers may be entitled to receive compensation for any unused vacation time after they quit. In some states, workers forfeit their unused paid time off (PTO) when they separate from the company. In other states, including California, employers must pay out any unused vacation time immediately upon termination. Many companies, however, maintain a policy of …
10 ways to win a DMV hearing in ColoradoWatch this video on YouTube Winning a DMV express consent hearing (“administrative hearing”) following a Colorado DUI is actually more difficult than winning the criminal case. In DUI criminal cases, the stakes are serious – you could go to jail if convicted. Therefore, the prosecutor has the …
Open Container Ticket for Alcohol or Marijuana While Walking in Colorado?Watch this video on YouTube Walking with open containers of alcohol is usually unlawful throughout Colorado. However, local governments may license and regulate common consumption areas called “entertainment districts.” Within an entertainment district, you may walk with open alcohol containers and not have to dump …
In California, your commission agreement controls when, or even whether, an employer is required to provide earned commission pay after your termination. Many California employers use forfeiture provisions that require you to be currently employed to receive your commission. Therefore, if you are terminated before you receive your commission, you forfeit it. If your commission …
Petition for Factual Innocence After a Wrongful Conviction in Colorado – Defense Attorney ExplainsWatch this video on YouTube If you have been wrongfully convicted of a crime in Colorado, there generally is no one option to file a “petition for factual innocence” like you can in some other states. (The one exception is that you …
"DUI Probation Violation" in Colorado – Will I Go to Jail? Top DUI Defense Attorney ExplainsWatch this video on YouTube If you are accused of violating your DUI probation in Colorado, you can have a probation violation hearing (also called a “revocation hearing”). This is where the court determines: whether you indeed violated court orders …
Protected Classes in the Workplace — "What are they?"Watch this video on YouTube A “protected class” refers to a group of people who share similar characteristics and are legally protected from being harassed or discriminated against because of those characteristics. The term “protected class” often arises in employment discrimination cases where an employer unfairly treats …
Driving under restraint (DUR) in Colorado means driving while your license is revoked, suspended, or denied. If your license is restrained because of drunk or drugged driving, DUR is a class 2 misdemeanor traffic offense carrying at least 10 days in jail. Otherwise, DUR is a class A traffic infraction carrying a maximum $100 fine.1 …
