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Yes, Nevada trial attorneys may dismiss potential jurors from the jury pool for cause if the potential juror exhibits actual or implied bias. And if a trial attorney merely suspects the potential juror is biased, the attorney may be able to dismiss him/her without giving a reason through a peremptory challenge. How does jury selection …
There are 3 possible consequences of a felony probation violation: The judge can revoke probation and send the probationer to jail or prison, or modify the terms of probation to make them stricter, or reinstate probation under its original terms. While the judge has great discretion at the probation violation hearing, the type of violation …
Yes, it is possible to violate probation and not get sent to jail. Minor violations of probation, or “technical” violations, are not always punished with custody time. Nor does the judge even have to revoke probation. Instead, the judge may reinstate the original terms of probation, or modify the terms to make them stricter. When are …
A CDCR Form 115 discipline report is the form that the California Department of Corrections and Rehabilitation uses to document rule violations in prison. Form 115 is used for administrative violations. Form 115A is used for serious rule violations. These actions trigger a hearing to determine if rule violations occurred. If it is determined that …
The definition of grand theft auto is to take someone else’s car, without permission and with the intent permanently or significantly to deprive the owner of it. The offense is a type of auto theft. In many states, it can be charged as a felony offense that carries more than a year in prison. What is …
In California, a Cruz Waiver is a promise by an out-of-custody defendant to stay out of trouble and to return to court for the sentencing hearing. If defendants break that promise, they waive their right to the terms of the plea bargain or indicated sentence and can face a harsher sentence. Cruz Waivers come from a …
In California, an Arbuckle Waiver is when defendants forego the right to have the same judge who accepted their plea bargain also handle their sentencing hearing. Criminal defendants have the right to have the same judge for both stages of the process. They waive that right with an Arbuckle Waiver. The name comes from a …
Colorado law defines deadly weapon as a gun, knife, or any other object capable of killing or inflicting substantial bodily harm. Deadly weapons include ordinary articles such as pipes, bricks, or ropes that are used to injure or kill. Many crimes such as assault and robbery carry harsher penalties if the defendant had a deadly …
Yes, victims of violence may sue their assailant for assault and battery in Nevada. A settlement should cover all medical expenses, lost wages from being unable to work, and pain and suffering. And depending on the case, victims may also have grounds to sue for false imprisonment and intentional infliction of emotional distress. How do …
In Nevada, residential burglary is entering a home with the intent to commit a crime inside. Commercial burglary is entering a business with the intent to commit a crime inside. Residential burglary carries up to 10 years in prison while commercial burglary carries up to five years. But if the burglar had a deadly weapon, …
First-time Colorado DUI defendants may be required to complete Level II Education DUI School classes based on the results of their alcohol evaluation. And Level II Education is always required for repeat DUI offenders, DUI defendants with a blood alcohol content (BAC) of 0.15% or higher, and DUI arrestees who refused to take a breath …
The involuntary civil commitment process in Colorado allows police or medical professionals to detain someone in certain situations. The goal of this emergency detention is to protect someone who is suffering from mental problems. The detention can last for up to 72 hours. It can turn into a longer treatment after a court hearing. People cannot be held in jail …
Colorado DUI criminal fines are: $600 to $1,000 for a first offense. $600 to $1,500 for a second or third offense. And $2,000 to $500,000 for a subsequent offense.1 In addition, defendants may be ordered to pay several other court fees and surcharges, such as for DUI School and probation supervision. In total, one DUI …
In Colorado, a first-time DUI requires 48 to 96 hours of community service, a first-time DWAI requires 24 to 48 hours, and a first-time UDD (underage drinking and driving) requires 24 hours. Any subsequent DUI, DWAI, or UDD conviction requires 48 to 120 hours of community service. Another term for community service is “useful public …
There are five common types of alternative sentencing in California criminal cases. These are community service, home detention, drug diversion programs (per Penal Code 1000), drug treatment programs (per Proposition 36), and probation. As to the latter, California law allows for either: misdemeanor (or summary) probation – for misdemeanor offenses, or felony (or formal) probation …
Employees in California have the right to breastfeed at work. Employers have to make reasonable accommodations for lactating mothers. However, these rights and accommodations are often limited to pumping, not directly breastfeeding a newborn. If an employer does not make those accommodations, it can amount to workplace discrimination. What are breastfeeding rights in the workplace? …
Maybe. Teachers and prospective teachers may face difficulty in gaining employment or maintaining their educator positions, with a DUI or DWI conviction on their record. The true answer to this question typically depends on the severity of the DUI and the jurisdiction in which the teacher works. With regards to new teachers, they are subject …
At least twice per month. In California, nearly all employers have to pay commission-based earnings at least twice every month. They typically have to be paid in the first pay period they can be calculated. If the employee has left the company, commission has to be paid immediately. The details should be outlined in the …
In some states, minors can be made to register as sex offenders if they get convicted of a sex crime. Minors who have to register can face criminal charges for failing to do so. However, there is a wide variety of rules in different states regarding sex offender registration for minors. For example, in California, …
It can be. There are times when defendants in criminal cases may want to waive their right to a jury trial, and instead have a bench trial where the judge alone decides guilt or lack of guilt. Examples of when a defendant may want to waive a trial by jury include when: the defendant is …
A motion to stay a sentence pending appeal is when a defendant in a criminal case asks the court to stay, or pause, execution of the sentence until an appeal is heard. “Execution” in this context is when the court carries out the sentence or imposes it. If granted, this motion temporarily stops the trial …
Employees can be disciplined for submitting a timesheet late, or with errors. However, that discipline cannot impact the employee’s pay. Employers are not allowed to delay or dock the worker’s pay for a timesheet mishap. The discipline is limited to warning, suspending, or terminating the worker, and cannot be done in a discriminatory fashion. What …
Yes. Some jurisdictions allow police to administer urine tests in DUI cases to check if motorists have drugs or alcohol in their system. However, urine testing is sometimes less reliable than other forms of testing (for example blood tests or breath tests) and are considered less practical to administer. Police most often ask for a …
Prosecutors try to avoid filing charges against youths whenever possible. As of December 8, 2020, the Los Angeles District Attorney’s Office (LADA) is minimizing juvenile prosecutions in favor of steering troubled youth towards rehabilitative diversion programs. This way, young people avoid Juvi while learning tools for being law-abiding young citizens. Are juveniles still prosecuted for …
As of December 8, 2020, the vast majority of people arrested for a crime in Los Angeles will be released on their own recognizance and without paying any bail. In certain cases, LADA (Los Angeles District Attorney’s Office) may ask for conditions on defendants’ release (such as electronic monitoring). Prosecutors may still request bail in …