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Many criminal charges get dismissed, reduced or settled on terms favorable to the defendant because of weaknesses in the prosecution’s case. Five signs of a weak criminal case include: an unlawful arrest, a lack of evidence, few or no credible witnesses, mistakes in the criminal complaint, and a valid legal defense for the defendant. Any of …
It is illegal to lie to the police in some circumstances. It is a crime to lie about your identity to a law enforcement officer during a traffic stop or while being placed under arrest. Filing a false police report is also a crime. The most serious offense, however, is perjury, which can be a …
Every state in the U.S. treats the crime of kidnapping as a felony offense (as opposed to a misdemeanor). Many states have different degrees of felonies so the specific penalties for this offense will slightly vary among jurisdictions. However, most states say that the offense is punishable by minimum state prison sentences of up to five …
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 …
Generally, it is not illegal for your employer to require you to work 7 days in a week. However, some states forbid this practice. Where it is allowed, you may be entitled to overtime pay. In some cases, you may be entitled to double-time pay. If your employer violates the law, you can file a …
In criminal law, the term corporal injury refers to any physical injury that causes a traumatic condition. This typically means a visible or verifiable injury, whether slight or severe. The existence of a corporal injury can be an element of a violent crime such as assault or battery. In California, it is an element of …
In California, the term police code 415 is used to refer to the crime of disturbing the peace. This offense can be charged for: playing excessively loud music, fighting someone, or using offensive or threatening language. The number comes from the state’s Penal Code section for the offense. Disturbing the peace is a wobblette. It …
Nearly all sex offenders can still get a passport. However, sex offenders who committed child sex crimes will have a unique identifier placed on their passports. This identifier states that the person is a sex offender. Sex offenders covered by this requirement will have their normal passports revoked and replaced with one with the identifier. …
So the court granted your appeal in a criminal case! Congratulations! So what happens now? After an appeal is granted, most often the appellate court will remand the case back to the trial court with instructions on how to fix the errors that the lower court made. If the errors tainted the verdict, the appellate …
Colorado bail bondsmen hire fugitive recovery agents (“bounty hunters” or “bail enforcement agents”) to track down and apprehend customers who broke their promise of appearing in court on their criminal case. If the agent is successful in arresting and hauling the fugitive back into court, the bail bonds business will pay the agent a commission. …
There is no law that broadly defines how many hours is “part-time” work. Instead, it is up to the employer to define what “part-time” means. They can call a job “part-time” even if it would require you to work over 30 hours. Because part-time employees are entitled to fewer benefits, worker misclassification is common. Are …
When you violate probation in a misdemeanor case, the court has wide discretion as to what consequences to impose. The judge could let you off with just a warning. The judge could also rachet up your terms of probation, or even revoke probation altogether and send you to jail. As to the last two results, …
The penalties for a first-time hit and run offense will vary depending on the facts of your case and the laws of the state in which the crime was committed. But in general, you can expect the following: a misdemeanor charge punishable by probation, fines, restitution and some possible jail time if the crime involved …
A misdemeanor probation violation warrant is a bench warrant for the arrest of someone who was on misdemeanor probation but violated one of the terms and conditions. The warrant is often issued after a probationer fails to appear at an appointment with his or her probation officer. The warrant will generally lead to an arrest …
A background check will usually reveal if someone has been convicted of a misdemeanor (for example, a DUI) or a felony (for example, rape). In terms of employment applications, while employers can receive information regarding a conviction, some states have ban the box laws that limit when and whether prior convictions can be considered in making hiring …
There is no federal law that automatically precludes you from securing a government position because of a DUI conviction. But a DUI/DWI on your criminal record can make it more difficult for you to get a job with the federal government depending on: the nature of the position you are applying for, the severity of …
Yes, you can often get disability benefits even after settling a workers’ compensation case. You can settle the case with a Stipulation and Award, which continues to pay ongoing benefits. You can also settle for a lump sum amount and then continue to collect Social Security Disability Insurance (SSDI) or long-term disability (LTD) benefits. If …
You can generally still get a job with a misdemeanor conviction on your record. But some offenses may make it more difficult or unfeasible to land a specific type of job. For example: a misdemeanor involving theft, fraud, or dishonesty may make it difficult to secure a banking position, or a misdemeanor drug offense may …
Negotiating medical bills after a settlement is a common practice in personal injury cases. If the treatment was paid for by an insurance company or with a lien, the paying party may have subrogation rights (or the right to be reimbursed out of the settlement proceeds). However, the underlying bills may not be accurate or …
Nevada Revised Statute chapters 616A – 616C outline how injured workers – such as construction workers – can pursue money damages and other benefits through their employers’ workers’ compensation insurance. Meanwhile, Nevada Revised Statute 41.141 provides how injury victims – such as pedestrians harmed by a construction accident – can recover money from the construction …
Colorado has concealed carry reciprocity with 33 other states. This means non-residents with current and valid concealed weapons permits from one of these states may lawfully carry a concealed handgun in Colorado. Likewise, a Colorado resident with a current and valid CHP (concealed handgun permit) can lawfully carry a concealed handgun in the other 33 …
The following table estimates the likely blood alcohol concentration (BAC) after one beer in relation to body weight: Weight (in lbs.) BAC (as a %) 100 0.038 120 0.031 140 0.027 160 0.023 180 0.021 200 0.019 220 0.017 240 0.0161 Blood alcohol content is essentially a measurement of the amount of alcohol in your …
If you get convicted of DUI in Denver, the judge will order you to complete alcohol education classes as part of your sentence. Most defendants are court-ordered to complete a Level II Education program, consisting of 24 class hours over 12 weeks. But if you are suffering from alcoholism, you may also be ordered to …
You should settle a back injury case for an amount that will cover all of your legal damages. An appropriate amount will depend on how badly you were hurt. Some back injuries are relatively minor and may require less than $50,000. Others are permanently disabling and may require well over $1,000,000 to compensate you fully …
Generally speaking, an 18-year-old can date a 16-year-old provided that the relationship is not sexual. But if the relationship becomes sexual, then it could be illegal depending on the state. This is because each state has its own age of consent rules and Romeo and Juliet laws, and both can have an impact on the …