Victims who have been hurt on a rental property can sue the property owner, the tenant, any company that maintains the property, and any employee whose negligence contributed to the accident. Suing multiple defendants is common. Depending on the case, though, some of these parties will be unlikely to fully compensate the victim for his …
Future lost earnings, also called lost earning capacity, can be proven with evidence of past wages, as well as testimony from the plaintiff’s employer, doctor, and other expert witnesses. These sources of information can show what the victim could reasonably have expected to earn, were it not for the accident. They can compensate the victim …
Arizona law makes using or possessing drug paraphernalia with the intent to use it (ARS 13-3415) a class 6 felony charge, carrying up to two years in prison. Although defendants are typically granted probation instead of prison, having any drug-related felony conviction can cause future employers to pass them over for jobs. Therefore, anyone facing …
In California, people on summary probation can generally leave the state. However, any out-of-state travels cannot infringe on their ability to meet the other terms of their probation. Breaking any of those terms can violate probation. If this happens, probation may be revoked. The probationer can be sent to jail for the remainder of his …
Failing to pay back casino markers is a crime in Nevada under NRS 205.130. And it is very difficult for defendants to win casino marker cases because courts automatically presume they had an “intent to defraud.” Casino markers are lines of credit that casinos extend to patrons to gamble with. In Nevada, patrons usually have …
In California, there is usually not any jail time for a first offense of driving under the influence (DUI). However, certain aggravating factors can increase the penalties of a DUI conviction and can lead to a jail sentence. First-time offenders can also face jail time if they violate a term of their DUI probation. Some …
In California prisons, a 602 appeal is the way to challenge any action or decision taken by the California Department of Corrections and Rehabilitation (CDCR). By using a 602 appeal form, inmates in California prisons can have their grievances heard. Exhausting the 602 appeals process is often required before filing a federal lawsuit over prison …
1) It is an Arizona crime to possess alcohol while under 21 It is a class 1 misdemeanor for people under 21 years old to possess alcoholic beverages. Underage drinking or possession is called minor in possession or “MIP” (ARS 4-244(9)). The only exceptions are for religious reasons (such as a Catholic mass) or medicinal …
While a blood test is usually more accurate than a breathalyzer at determining someone’s blood alcohol content or blood alcohol concentration (BAC), blood tests are more difficult to administer. They are also far more intrusive than a breath test. This is why most cases of driving under the influence (DUI) involve evidence from breathalyzers rather …
Ten locations where Arizona gun laws prohibit the concealed carry (as well as open carry) of firearms include: The secured areas of airports (beyond the TSA checkpoint). Correctional facilities, including jails, prisons, detention centers, etc. Polling places on election day. Nuclear or hydroelectric generating stations. School grounds. (In vehicles on school grounds, any firearm must …
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 …
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 …
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 …
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 …
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 …
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 …
Not anymore. As of December 8, 2020, the Los Angeles County District Attorney’s Office (LADA) is no longer seeking the death penalty in pending or future murder cases. And for defendants currently on death row, LADA is no longer seeking an execution date. Does California still have the death penalty? Prosecutors in California other than …
