Blog: Useful information - Page 10

Yes, in some cases, petty theft charges can be dropped. Defendants can complete a pretrial diversion program, take a plea bargain that reduces the charges, or present prosecutors with exculpatory evidence. All of these strategies often require the legal advice and representation of a theft attorney. They all keep a costly conviction from appearing on …

In criminal cases in the United States, a defendant can generally seek to withdraw a guilty plea after sentencing by filing a motion to withdraw the plea and demonstrating good cause therefore. If the judge denies the motion, the defendant may be able to appeal the judge’s decision. Under California criminal law, a defendant can …

Workplace harassment is unwelcome and discriminatory conduct that happens on the job. It does not need to be sexual harassment to be unlawful. Under federal law, harassment can come in 2 forms: A quid pro quo, or a hostile working environment. Some state laws provide workers more protection from harassment in the workplace. Victims can …

Some states have laws that require employers to reimburse employees for the costs of necessary job expenses. This includes the business use of an employee’s personal cell phone. While there is no federal law that requires this work expense reimbursement, some employers voluntarily provide it in states where it is not required. What is the …

10 of the most important rights that employees have under California employment law include: overtime pay, meal and rest breaks, anti-discrimination rights, protection from sexual harassment, family and medical leave (FMLA), minimum wages, protection from workplace retaliation, workplace safety, sick leave, and protection from wrongful termination. Workers in California also have other rights, as well. …

In California, it can be legal to kill someone in self-defense. However, it is only a justifiable homicide if the person had a reasonable belief that there was an imminent danger of being killed or seriously hurt, that deadly force was the only way to prevent it, and used an appropriate level of force. Otherwise, …

Yes, the possession of a stolen vehicle identification number (VIN) is a crime. Depending on the state, it is usually a severe misdemeanor or a low-level felony. Convictions can carry up to several years in prison. However, prosecutors generally have to prove that the defendant knew the VIN was stolen and intended to harm a …

Yes, some forms of gambling are legal in California. The California Constitution bans some types of gambling, but provides a list of exemptions. These include casinos on Indian land, the state lottery, and betting on horse races. California Penal Code 330 PC only criminalizes certain specific games, as well as banking games and percentage games. Social, …

Criminal defense attorneys draw upon several legal strategies to help drivers win at a DMV administrative hearing. These include showing that police lacked probable cause to stop the motorist for a DUI, and that police failed to follow proper procedures in administering the blood or breath test. Counsel can also focus on the driver and …

In California, the minimum depth for tire treads is 1/32nd of an inch on any two adjacent grooves. For major grooves, the minimum depth is 4/32nd of an inch for tires on the vehicle’s steering axle, and 2/32nd of an inch for all other tires. Driving on tires with shallower tread can be ticketed under …

The 3 steps to file a workplace harassment lawsuit in California are to inform the appropriate personnel at work of the harassment, file a harassment complaint with DFEH, and obtain a “right to sue” letter to initiate the lawsuit. This gives the parties an opportunity to resolve the case quickly and easily out of court. …

In California, employees can cash out vacation time when discharged, or while still working. Once vacation time is accrued, it is owed as wages. Because vacation time is a form of wage, the worker is entitled to it upon discharge. While employers can cap how much vacation time a worker can accumulate, “use it or …

A constructive dismissal happens when a worker quits because the employer created intolerable working conditions. Those conditions have to be bad enough that the worker has no reasonable alternative but to resign. Even though the employee quits, the discharge is treated as a termination. If the termination would have been unlawful, it can lead to a …

In California, drivers with a suspended license have to wait for the suspension duration to end. Then they have to apply for a reinstatement. This includes paying fees and proving proof of adequate auto insurance. They bring this application to the California Department of Motor Vehicles (DMV). How can I get a driver’s license reinstatement? Drivers …

Workers who have been fired after making a workers’ compensation claim can file a wrongful termination lawsuit for retaliation. This includes workers who are “at will” employees, as retaliating against a worker for invoking their workers’ compensation rights violates public policy. Successful lawsuits can recover back wages and even lead to reinstatement. Some states impose …

Dog bite lawsuits are often worth around $50,000. That amount can increase or decrease drastically, given the victim’s injuries and share of fault. State law can influence the value of a case by applying the one bite rule or strict liability. There are also some people who face obstacles in proving a case; they may …

3 common defenses to an allegation of failing to register as a sex offender are extenuating circumstances, a justifiable lack of awareness, and lost registration information. Showing that one of these defenses is present in your case can prevent a costly conviction. In many states, like California, failing to register as a sex offender can …

Generally, a felony can be reduced to a misdemeanor in 4 ways: Through a plea bargain, a diversion program, completion of probation, or by showing that the felony elements of the crime are missing. In California, it can be done through a Penal Code 17(b) motion. Reducing the offense has many benefits, and can help …

The difference between Penal Code 273.5 PC and Penal Code 243(e)(1) PC rests on whether the domestic violence victim suffered a physical injury. Section 273.5 covers domestic violence that causes corporal injury. Section 243(e)(1) applies to domestic violence that does not cause an injury. Because 273.5 PC involves more serious conduct, the penalties of a …

An injured employee whose Nevada workers’ compensation claim is denied can appeal and have a hearing – which is like an informal trial. The hearing officer would then decide whether to grant the injured employee workers’ compensation benefits, such as: Permanent partial disability (PPD) Permanent total disability (PTD) Temporary partial disability (TPD) Temporary total disability …

In most states, employers can never withhold tips or deduct wages based on the amount of tips earned, unless it is for a credit card fee or a tip pool. This is regardless of whether the employer takes a tip credit. Managers and supervisors can only keep tips that they directly and solely earned, and …

In California, dog bite victims can sometimes recover punitive damages. However, punitive damages are rarely awarded in these cases. The defendant would have had to act with malice. The victim has to prove the defendant’s malice with clear and convincing evidence. Punitive damages are meant to punish the defendant for heinous acts in order to …

5 common rules of home confinement are random check-ins by a probation officer, wearing an ankle monitor around the clock, no drugs or alcohol, no leaving the house except with prior approval, and an evening curfew. There might be different rules, depending on the offense and its severity. Violating a rule of house arrest can …

Most states require physicians to inform the DMV when they diagnose a patient with any medical or mental condition that may affect the person’s ability to drive safely. Some common conditions that may impact a person’s ability to drive safely include: lapse of consciousness Alzheimer’s disease, cataracts, dementia, diabetes, and macular degeneration. These conditions are …