Blog: Useful information

It depends on the insurer. Many workers’ comp insurance carriers will only offer a lump sum settlement if you resign. They claim that letting you return to work would mean that the insurer may have to pay for another workplace injury that is already covered by the settlement. To return to work, you often have …

Police misconduct and abuse involving tasers is very common. Tasers and stun guns burst onto the law enforcement scene in the 1990s.  They are sometimes billed as “nonlethal” alternatives to firearms. But in fact, tasers and stun guns are very serious and even lethal weapons.  Over 350 people in the United States have died after …

Under the California Fair Employment and Housing Act, Government Code 12940 GC, employees may sue their employers for workplace harassment committed by a client of the employer. This is sometimes called third-party sexual harassment. An employee may sue for workplace harassment if the employer’s behavior regarding the harassment is negligent. An employer’s behavior is negligent …

The open carry of firearms in California is still generally illegal. But things may change in the next year or so. In 2018, the Ninth Circuit ruled in Young v. State of Hawaii that the Second Amendment guarantees open carry. But the Ninth Circuit will be rehearing the case. Pending the court’s new decision, open carry …

In a criminal law case, the term “discovery” refers to the process of discovering and obtaining the evidence the other side plans to present. Both the prosecutor and the criminal defense lawyer engage in discovery. Each side can make a criminal discovery request. If prosecutors find exculpatory evidence that is material to the case, they …

People who miss a required court date in Colorado – called failure to appear (FTA) – will likely have a bench warrant issued for their arrest. Also, the Colorado DMV may suspend the person’s driver’s license while the warrant is outstanding. Even if the judge later recalls the warrant, the judge may impose additional conditions …

The statute of limitations (“SOL”) refers to the time period within which a prosecutor in California must file criminal charges. If charges get filed after the statute of limitations period expires, then depending on the crime, a person cannot be lawfully arrested or charged for that offense. The SOL time-clock typically begins to run when …

Dashcams are also referred to as Mobile Video/Audio Recording Systems (“MVARS”). These devices are dashboard-mounted cameras used in some law enforcement vehicles to record arrests, and events leading up to arrests. Depending on the facts involved, a dashcam may help a California DUI case. MVARS may be helpful in showing that: an accused passed a field …

Can I drive in California with a drivers license from a foreign country?Watch this video on YouTube Yes. People with a current valid driver’s license from a foreign country can legally drive in California. They do not need to get a California driver’s license or international driving permit (“IDP”) as long as: They are at …

Inmates who are eligible for work furlough in San Diego can request to spend the remainder of their prison sentence at a work furlough facility. Work furlough allows inmates to work, or to look for work, before their sentence has ended. However, inmates have to return to the facility as soon as their workday ends. …

With the increase in publicity related to police misconduct, law enforcement officers often order people to stop taking photographs or video in public places. In some instances, the police even harass, detain or arrest people who use their cameras or cell phone recording devices in public. But is that legal? On private property, the property …

In some cases, yes. California is a “no-fault” divorce state. This means that, in general, evidence of specific acts of misconduct is improper and inadmissible in a pleading or proceeding for dissolution of marriage or legal separation of the parties. However, a conviction for domestic violence or a violent sexual felony against your spouse changes …

A civil compromise is no longer allowed in California hit-and-run cases. While it used to be available to help dismiss these offenses, in February 2019 the California Appellate Court ruled that a charge of misdemeanor hit and run, per Vehicle Code 20002 VC, could not be civilly compromised. See California vs. Dimacali. The court made …

In most cases, people are under no legal duty to report a crime. “Failure to report a crime” is generally not a crime in and of itself. This is true even if someone: knew about the criminal activity in advance, witnessed the commission of a crime while it unfolded or took place, and/or learned of …

Getting surgery can increase the workers’ compensation settlement, but usually only if the surgery is to happen after the settlement agreement. If it happens before the agreement, and the surgery is necessary to treat a work-related injury, then the insurance company will generally cover it as a part of your medical expenses. Depending on the …

Yes. Unfortunately, undocumented immigrants are not the only non-citizens subject to detention by US Immigration and Customs Enforcement (“ICE”). Any non-citizen can also be detained if they have a past conviction for a “removable” (deportable) crime. This includes: Lawful permanent residents (also known as “LPR”s or green card holders), Visa holders, and Refugees (including those …

Yes. Police can act on anonymous tips if they follow the rules, laws, and procedures that have developed in accordance with the U.S. Constitution. Police contact with people usually occurs: on public streets, in motor vehicles, in homes or other buildings. The Fourth Amendment of the United States Constitution guarantees: The right of the people …

It is a crime in California to make a false 911 call. Depending on the facts of the case, a fake emergency report to 911 could be charged as a misdemeanor or a felony. Per Penal Code 148.3 PC, it is a crime to: report or cause a report to be made, to certain government …

As of January 1, 2020, to be considered an exempt employee in the U.S., a worker must be paid a minimum salary of $684 per week, or $35,568 per year. Exempt workers in California, meanwhile, must be paid a salary that is at least twice the state’s minimum wage. The 2022 California minimum wage is $14.00 …

Warehouse workers often face significant wage and hour issues in the workplace. 5 of the most common are: minimum wage protections, overtime pay, payments for rest and meal breaks, being required to work off the clock, and receiving unpaid wages after termination. These concerns are growing more and more important as large companies, like Amazon …

The good news is that there is data indicating that around 93 percent of workers’ compensation cases lead to benefits being paid. However, “winning” a workers’ comp claim does not just mean receiving benefits. It also means receiving adequate compensation to cover all of your medical expenses, rehabilitation, and lost wages. Many workers who receive …

The law in most states allows a prosecutor to charge the crime of child abuse as either a misdemeanor or a felony, depending on the circumstances. Prosecutors are typically more prone to file felony charges when: the child suffers an injury, the abuse was particularly cruel or included sexual acts (for example, sexual assault), and/or …

Dog bite victim? 7 things you can sue forWatch this video on YouTube There is no specific limit to how much money a plaintiff can seek by way of a dog bite lawsuit. Victims can sue for the full amount of their legal damages. Typically, dog bite cases are worth around $50,000. If the injuries were …