An FTA warrant is essentially a bench warrant for your arrest that a judge issues because you “failed to appear” (FTA) for a court matter. You can “fix” the warrant by “recalling” or “quashing” it, which means having it cleared from the judicial system. You typically must appear in court to recall an FTA warrant. …
The average settlement for a California lawsuit filed over back and neck injuries sustained in a car accident varies from a few thousand dollars to well over a million. The wide range is because all accidents and injuries are unique. Small discrepancies in your case make it different from other, similar ones. There is no …
Police generally start investigating a California hit and run case by visiting the scene of the accident, interviewing the victim and gathering evidence. Law enforcement then goes to identify the driver who fled the scene, usually by: piecing together the evidence they gathered, viewing surveillance camera footage (if available), bringing the case into the news, …
In the context of criminal law, a dirk or dagger is defined as a knife or other instrument (with or without a handguard) that can be used immediately as a stabbing weapon, and that may inflict great bodily injury or death. This includes pocketknives and certain folding knives if the blade is exposed and locked into …
A pretrial diversion program is an alternative resolution of a criminal case by which you can avoid jail and a criminal conviction. The program diverts you out of the criminal justice system and into a form of supervised release or probation. If you complete the diversion program, you can have your case dismissed. If you …
The California statute of limitations for wrongful termination is two years for implied breach of contract- or public policy violations and three years for FEHA violations, WARN Act violations, or whistleblower retaliation. Certain federal wrongful termination laws use a lengthier statute of limitations. However, many laws require you to file an administrative complaint first, before …
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. …
While plaintiffs’ lawyers generally want to settle a case quickly, there are 5 common reasons why a personal injury case can take a long time to settle: the medical treatment is still ongoing, working the case up further may increase the settlement, there are still factual or legal issues to resolve, the court is backlogged, …
The difference between sexual assault and sexual battery is that sexual assault involves nonconsensual intercourse with a victim. By contrast, sexual battery involves a nonconsensual groping or touching of a victim’s intimate parts. While both of these are treated as sex crimes, sexual assault is a more serious offense. The following table compares and contrasts …
According to most jurisdictions, the top 5 reasons why a judge may terminate your probation early are that you: complied with all the terms of your probation, avoided any new arrests or criminal charges, paid all fines, fees, court costs, and restitution, did not commit any probation violations, and would experience a hardship if you …
In California, negligence is the failure to act like a reasonable person in similar circumstances. Gross negligence is more extreme. You act with gross negligence in California if your conduct shows a reckless disregard for the safety of others. While the results of your grossly negligent behavior might not have been intentional, they are still …
The law in most states allows a prosecutor to charge the crime of child abuse as either a misdemeanor or a felony, depending on the circumstances. Prosecutors are typically more prone to file felony charges when: the child suffers an injury, the abuse was particularly cruel or included sexual acts (for example, sexual assault), and/or …
Prostitution is illegal throughout the state of California. Both the sex worker and the “john” can be prosecuted for a misdemeanor that carries up to 6 months in jail and $1,000 in fines. These same penalties also apply to soliciting (offering to engage in) prostitution or agreeing to an offer to engage in prostitution even …
According to insurance data, the average payout across the U.S. for a pain and suffering settlement in a personal injury case is approximately $15,000. Pain and suffering is considered non-economic damages because it is difficult to put a number value on. Examples of pain and suffering include: depression and anxiety grief and anger loss of …
You commit the criminal offense of contributing to the delinquency of a minor when you: commit some act or fail to act in a certain way, and the action or inaction makes a child more prone to engage in illegal activities. Common examples include: allowing your 13-year-old son to stay out after curfew and he …
If you have been wrongfully convicted of a crime in Colorado, there is no one option to file a “petition for factual innocence” like you can in some other states. However, several other pathways exist which can help clear your name. In this article I explain your options for seeking to get your criminal conviction …
Legitimate escort companies are generally legal. An escort agency is essentially a business that provides its clients or customers with a companion for a certain fee. People might pay for an escort in order to have a friend or partner at: an entertainment event, a business event, or dinner. Escorts are prohibited from providing clients …
The definition of the crime of “manufacturing a controlled substance” varies between states. But all states (and the federal government) 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 …
Generally, menacing is the crime of using threats or actions to put someone else in fear of imminent danger, injury, or death. Some states call the offense menacing, while others call it making criminal threats or harassment. Some common defenses to the charge are that the danger was not imminent, the threat was vague, or …
The four main differences between simple battery and aggravated battery involve: the elements of the two crimes, the injuries they can inflict, the penalties, and the defenses you can raise to challenge them. You commit the crime of simple battery if you intentionally make physical contact with a person in an offensive manner, but cause …
Yes. If you have been wrongfully convicted of a felony in Nevada, there may be hope for clearing your name through a petition for factual innocence. This powerful tool, established just in 2019, provides a pathway to prove your innocence and vacate your conviction based on newly discovered evidence. In this article I tell you …
Police barged into your California home and seized what they told you was “evidence of a crime.” But they did so without a valid search warrant. The police said they did not need one because of “exigent circumstances.” What does that mean? Below I discuss everything you need to know about the exigent circumstances. Also …
Is Lolicon (Loli) Legal in the United States?Watch this video on YouTube Child pornography laws in California do not explicitly cover loli or manga depicting minors engaging in sexual activity. California statutes prohibit the possession of child pornography. Child porn includes material that “depicts a person under the age of 18 years personally engaging in …
In California, certain employees who lose wages for more than a week because of a non-work-related injury can qualify for short-term disability (SDI). However, you must have contributed to the state SDI program to be eligible for benefits. You also have to get medical treatment and file a claim for SDI benefits. Receiving benefits from …
Oral copulation is the act more commonly referred to as oral sex. For legal purposes, it is defined as any sexual contact between one person’s mouth and another person’s genitals or anus. Oral copulation is perfectly legal when done in private among consenting adults. However, it can be a criminal offense when done without the …
