In California, a Cruz Waiver is a promise by you to stay out of trouble while out of custody and to return to court for your sentencing hearing. If you break that promise, you waive your right to the terms of the plea bargain or indicated sentence and can face a harsher sentence. “Cruz Waiver” …
In California, cite and release is the practice of police issuing you a citation for suspected unlawful conduct, but not bringing you to jail for a formal booking. Instead, you are released on the condition that you make a signed promise show up to court, later on. The process is used mainly for low-level offenses, …
Wrongful termination lawsuits can take over a year to resolve. Every case is different, however. If the employer is eager to settle out of court, the case can end in a matter of weeks. If either side is intent on going to trial, a wrongful termination claim could linger on for several years. Currently, many …
In California, attempted robbery is when you intend to use force or fear to take someone’s property from them, and you then perform an act in furtherance of the robbery. It is a violent felony that carries up to 3 years in prison. However, there are some strong legal defenses that I can raise to …
If you walk out of a California restaurant or bar without paying your bill – “dine and dash” as it is often called – you are committing a crime and could land in jail. California has a specific criminal statute that deals with “dine and dash” situations, though it does not refer to it as …
The police recently arrested you for assaulting someone in a bar. How can a prosecutor charge it? Are there really different levels of assault? Yes. Most jurisdictions recognize six common types of assault charges. These include: simple assault, aggravated assault, assault with a deadly weapon, sexual assault, vehicular assault, and felony assault. A prosecutor can …
Mitigating circumstances are facts surrounding a California crime that work to reduce your culpability or overall responsibility for committing an offense.1 You present mitigating circumstances during a misdemeanor and felony sentencing hearing to persuade the judge to grant a more lenient sentence. Ten examples of mitigating factors include: You only played a minor role in …
Because every case is unique, the expected settlement for a herniated disc injury can range from as little as $20,000 to over a million dollars. The severity of your injury is a big factor. Other major factors are whether you were partially at fault for the injury and the extent of the available insurance coverage. …
If you have a loved one being held in a Los Angeles County jail, you can send money to the inmate. This is commonly called “putting money on the inmate’s books.” The funds can be used to buy food, snacks, hygiene items, and even clothes from the jail commissary. If you reside in California, you …
California law say that theft is “grand theft” when “the money, labor, or real or personal property taken is of a value exceeding $950.” Grand theft is a wobbler under California law, meaning that a prosecutor can charge the offense as either a misdemeanor or a felony.1 Can felony theft involve taking $950 or less? …
A California DUI arrest record is a report created by a police department after one of its officers arrest someone for driving under the influence of alcohol. The report includes: the details of the arrest, the nature of the DUI offense, the results of any breath tests administered, booking photos, and information on subsequent court …
Implied consent law is a maxim of state law saying that you are deemed to have consented to a breath test or blood test to measure your BAC if the police properly arrest you for driving under the influence (DUI/DWI). The purpose of this law is to help police officers measure your blood alcohol content …
Yes, in some cases, petty theft charges can be dropped. You 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 criminal defense attorney near you. They all keep a costly conviction …
Unlike federal law, California child labor law limits how many hours a 17-year-old can work. In California, minors aged 17 can work up to: 48 hours per workweek, 8 hours per workday, if it is not a schoolday or if it is a day before a non-schoolday, and 4 hours per day on schooldays. These …
How many hours you have to work to get a lunch break will depend on the state. Federal law does not require lunch or meal breaks. Many states, including California, require lunch breaks after 5 hours of work. Other states, such as New York, require one after 6 hours. Some others, such as Arkansas, do …
The 5 most common ways to get a felony charge dropped are (1) to show a lack of probable cause, (2) to demonstrate a violation of your constitutional rights, (3) to accept a plea agreement, (4) to cooperate with law enforcement in another case, or (5) to enter a pretrial diversion program. An experienced criminal …
If you are arrested for driving under the influence (DUI) in California, you typically do not lose your driver’s license immediately. Instead, the arresting officer usually takes your driver’s license and issues a temporary permit. This driving permit has an expiration date. If you do not successfully challenge the suspension, the permit will expire, and …
Mistake of age can be a defense to a criminal charge for statutory rape. If you honestly and reasonably believed that the alleged victim was at or above the age of consent, this can serve to negate the crime in certain states and jurisdictions. What is statutory rape? Statutory rape is the crime of having …
An intent to commit a crime is a common element of a criminal offense. Some crimes require prosecutors to prove that you acted with a specific intent to commit the offense. Others only require a general intent. Finally, some criminal offenses do not require intent at all. These are strict liability crimes. How does criminal …
Forgery can be either a misdemeanor or a felony, depending on the state and the circumstances. In California, for example, forgery is a wobbler. Prosecutors can choose whether to pursue felony or misdemeanor charges. However, if the amount at issue is $950 or less and you do not have a prior offense, it is a …
After a car accident, you should try to get at least 3 car repair estimates. One of these estimates should come from a repair shop with a stellar record. If you get only a single estimate, you will not know if the shop you chose is asking for too much or for so little that …
The 5 best and most common defense strategies for a reckless driving charge are: you were not the driver of the vehicle, the driving may have been negligent or careless, but was not reckless, you were merely distracted, rather than reckless, if the charge stems from your speed, that the radar gun was not used …
An intent to commit a crime can be proven with either direct evidence or with circumstantial evidence. Proving that a criminal defendant intended to commit a crime is often one of the most important parts of a case. It has to be proven beyond a reasonable doubt. This is even more difficult for specific intent, …
In California, you can bring a 17(b) motion to ask the court to get a felony dropped to a misdemeanor after completing felony probation. This only works for wobblers, however. The benefits of reducing a felony offense to a misdemeanor are significant. The collateral consequences of a felony conviction are much more severe than for …
As a general rule, once you plead guilty to a criminal charge, the terms of the agreement are binding and you cannot back out of the plea deal just because you change your mind. However, there are three situations where a plea bargain can be reversed in criminal cases. These are when: you successfully bring …
