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Generally, sexual abuse is a sex crime committed against a child, while sexual assault is one that is committed against an adult. However, the criminal laws in different states may use these and other terms in other ways. Regardless, both sexual assault and sexual abuse are serious criminal offenses that can also be the basis …
Most jurisdictions say that DUI, DWI or DWAI are criminal offenses. In particular, DUI is usually charged as a misdemeanor offense that can lead to up to six months or a year of jail time. By contrast, traffic violations are infractions in most states. While a traffic infraction is a violation of the law, it …
Double-Time vs Overtime — The difference in CaliforniaWatch this video on YouTube In California, non-exempt employees are entitled to overtime pay if they work more than a standard workday or workweek. Regular overtime is 1.5 the person’s hourly rate of pay. But workers in California are also entitled to double-time pay (or twice their regular …
Negligence is unintentional but irresponsible conduct that leads to an injury. Gross negligence is typically defined as conduct showing extreme indifference or a reckless disregard for someone’s safety or property. Because gross negligence is more egregious than ordinary negligence, it can lead to greater liability and higher damages in a personal injury case, or overcome …
The difference between negligence and malpractice lies in whose conduct caused your injuries. Normal people have a duty to behave like a reasonable person. Failing to do so is negligence. When working, certain professionals, like lawyers and doctors, have a duty to behave like reasonably careful professionals in their field. Failing to do so is …
In criminal law, an affirmative defense is a legal defense that you, as the defendant, have the burden of proving. It does not challenge the evidence that proves the elements of the offense. Instead, an affirmative defense asserts that the crime was excusable or justified. Examples include: entrapment, insanity, necessity, self-defense (in a couple of …
A surgery can increase your workers’ compensation settlement if it happens after the settlement agreement. If the surgery happens before the settlement is made, it would be covered by the insurance company as a part of your medical care. Depending on the surgery, it can increase the settlement by tens of thousands of dollars or …
Whether you can get a DUI on a bike depends on the law of your state. Each state has its own law for driving under the influence (DUI). Some forbid operating a “motor vehicle” while under the influence of alcohol. Others forbid being under the influence and operating a “vehicle.” If you live in a …
A bench warrant is a court order instructing law enforcement to arrest you and bring you to court. A judge will issue a bench warrant for your arrest if you have failed to comply with another court order, or you failed to appear for a court hearing. Six key things to know about bench warrants …
In Nevada, the two-hour rule means you can be convicted of driving under the influence of alcohol if your blood alcohol concentration (BAC) reaches or exceeds 0.08% at any time in the two hours after you stop driving. If the police fail to administer an evidentiary breath test or blood test in that two-hour window, …
The average settlement for a car accident that caused back and neck injuries can be anywhere from a few thousand dollars to over a million dollars. The 3 main factors that drive settlement value are: the severity of your injuries, whether you were partially to blame for the crash, and how much insurance coverage there …
Civil cases are legal disputes between individuals or companies. Most demand compensation for a wrongful act, such as an act of negligence or a breach of contract. Liability in a civil case can lead to a money judgment against the defendant. Criminal cases are allegations from a government entity that you broke the law. Criminal …
If you are injured while under 18 years old in Nevada, you generally have until your 20th birthday to file suit against the at-fault parties. Though in medical malpractice cases, the statute of limitations to sue health care providers can be as short as one year after your injury. Meanwhile, there is no time limit …
If you have been falsely accused of raping someone, there are several legal defenses that you can invoke to protect yourself. These include asserting that: the intercourse was consensual, there was no intercourse, and/or the allegations are false. There are also certain courses of conduct that you should avoid, as they usually make things worse. …
There is no universally accepted breath test for suspected cases of driving under the influence of marijuana. Police often request that you submit to a blood test, instead, or to field sobriety tests (FSTs). However, the results from these other tests are unreliable for determining marijuana impairment. The testimony of the officer who initiated the …
If you have been falsely accused of domestic violence, there are numerous things that you can do to protect yourself in the short term. There are also several common legal defenses to raise against the allegations. However, there are also several courses of conduct that you should avoid, as they generally make the situation even …
In California, the crime of transporting a controlled substance is defined as knowingly moving a usable amount of a controlled substance for its eventual sale. You do not have to move the drug a significant distance. However, you do need to know of the drug’s presence and that it is a controlled substance. Transporting controlled …
Nevada demerit points remain on your driver’s license for 12 months before disappearing. Accruing 12 or more points in a 12-month period of time typically triggers a six-month license suspension by the Nevada DMV. Though you can usually get a restricted license after three months. Here are five things to know: All moving violations carry …
Dog bite lawsuits are often worth around $65,000. That amount can increase or decrease significantly, depending on the extent of the victim’s injuries, whether the victim was partly at fault, and whether the owner had reason to know that the dog posed a danger to others. State law can influence the value of a case …
Under Penal Code 21510 PC, butterfly knives are considered a form of a switchblade and are illegal in California. Specifically, it is a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife. Convictions are misdemeanor offenses that carry up to 6 months in jail. Are butterfly knives illegal in California? In …
The Nevada smoking age is 21 years old. The minimum tobacco age limit was recently raised from 18 years old to 21 years old to align with federal law.1 The purpose of the new laws raising the state- and federal minimum age to sell tobacco products and purchase tobacco products is to promote public health, …
Winning a DMV 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 burden to prove guilt beyond a reasonable doubt – which is a very high bar. Though …
A DUI probation violation in Colorado occurs when you are on probation for driving under the influence, and you break the terms set by the court such as failing your breath and urine tests, missing fine payments, skipping DUI school, or committing new crimes. Violating probation can lead to fines, an extended probation period, or …
If you have a Colorado driver’s license, you can check how many Colorado DMV points you have from past traffic violations by ordering a copy of your driving record. Requesting your driving record costs $9 (or $10 for a certified record). 1. How many points are on my license? You can easily check how many …
The definition of the crime of “manufacturing a controlled substance” varies between states. But all states consider it to be a crime to make or produce illegal substances, not just to possess them. That said, there is disagreement among courts and in state laws about how much alteration of a substance is required for it …