Personal injury cases generally take between 6 months and 3 years to settle. However, there is no “average” case. This makes it impossible to say what an “average” timeframe for settlement would be. While there are many factors, the most important are the victim’s eagerness to settle and the extent of his or her injuries. …
There are five proven things you can do to help defend yourself against false accusations. These are: seek the help of a criminal defense attorney, conduct a pre-file investigation, gather evidence to support your side of the story, obtain evidence to impeach the accuser, and take a private polygraph test. There are also three important …
In workers’ compensation law, catastrophic injury benefits are generally the same as total permanent disability benefits. Victims will usually have their medical care covered and will receive a portion of their wages, up to a certain amount. The details will depend on the law of the specific state. Some states may have laws that treat …
If you are facing an arrest warrant for a misdemeanor offense, and the state has already filed criminal charges against you, you can usually turn yourself in by contacting the court in charge of the matter and scheduling an arraignment. If the state has not filed criminal charges, you can turn yourself in by going …
Most state laws set forth three possible outcomes if a person violates his/her probation for the first time. These include a judge: issuing a warning to the probationer and reinstating probation under the person’s original terms, modifying the terms of the probation (often to make them harsher), or revoking probation and sending the probationer to …
While driving under the influence (DUI/DWI) is usually charged as a misdemeanor, most states will treat the crime as a felony offense under certain circumstances. The most common scenarios are when a driver has a third or fourth DUI conviction within seven to ten years of a prior conviction, or when a driver causes bodily …
The DUI laws in most states say that driving under the influence of alcohol with a minor passenger in the car is a more serious crime than a simple DUI. This is because most jurisdictions impose sentencing enhancements for the offense and/or treat it as a form of aggravated DUI. Further, some states may also …
Generally, workers can legally work as many hours in a day as they choose to or as their employer requires. No federal or state law caps the number of hours in a workday for most workers. However, workers under 16 years old are not allowed to work longer than 8-hour days. Other occupations, such as …
Quid pro quo harassment is generally defined as a harassing request, nearly always for a sexual favor, that is tied to a workplace benefit or advancement. The target of the harassment is put in a position where he or she has to fulfill the request in exchange for the advancement or in order to escape …
People accused of felony offenses should consult with a criminal defense attorney for help. A felony defense lawyer will advise the defendant on the best legal defense to raise to contest any criminal charges filed. A successful defense could lead to a dismissal of the charge or a reduction from a felony to a misdemeanor. …
Some people convicted of DUI in California and sentenced to jail time may have the option to enter a work-release program as an alternative to serving time in jail. Penal Code 4024.2 PC is the California statute that sets forth many of the requirements for a work-release program. Per this law, offenders can avoid jail …
Car accident victims who are self-employed can prove their lost wages by using prior tax returns, 1099s, invoices, bank statements, contracts, and even statements from current clients. These documents can show the extent of the income that was lost due to the accident. Any income that is not reflected on these documents can be difficult …
The core difference between defamation and false light is that defamation harms the victim’s reputation, while false light invades the victim’s privacy. There are many implications that come from this difference. For example, a defamatory statement only has to be made to one other person, while false light requires the disclosure to be to the …
Generally, if the car accident produced injuries or significant property damage, a police report has to be filed within a day if the police did not already produce one at the scene of the accident. Drivers may have longer to file an accident report with their state’s DMV. Failing to timely file these can lead …
All personal injury demand letters should include all of the parties involved, a description of the accident, a summary of the damages and aftermath, and a demand for compensation. Equally important is to not include things like an unreasonable demand, an admission of fault, or precise details that can be challenged. A personal injury attorney …
There is no specific rule that prohibits a defendant in a criminal case from speaking directly with the district attorney in an attempt to negotiate a resolution of the charges. However, most jurisdictions have ethics rules that say prosecutors cannot speak directly with defendants whom they know to be represented by an attorney. If a …
A misdemeanor arraignment hearing is usually the first formal court hearing in a criminal case in which a defendant is charged with a misdemeanor offense. During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges …
State laws throughout the United States say that handicap permit holders are the only people that can legally use them. But a person can generally use a parking placard as either a driver or a passenger. This means placard holders can use them in another car as long as they are in the car at …
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 …
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 …
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 …
You can find out if there is a misdemeanor on your criminal history by requesting a copy of your criminal record. You can request a copy of your criminal record from the Federal Bureau of Investigation (FBI) or the relevant agency in your state. In California, that is the California Department of Justice. A criminal …
The plea bargain process is a negotiation between the prosecutor and the defendant, usually through his or her criminal defense attorney. Either side can initiate it. The process usually begins at the arraignment, and a deal can be struck any time before a jury verdict. Many plea bargains have to be approved by the judge. …
In California, a defective tire accident is a car crash caused by a faulty tire. The tire can be defective because of a design or manufacturing defect, a failure to warn consumers of the danger, or because of someone’s negligence. Victims in the crash can recover compensation from the party responsible for the tire’s defects. …
