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. …
There are no statewide Colorado laws that restrict where sex offenders may live, unless the offender is currently under criminal justice supervision as a parolee or probationer. But many cities and counties have local laws prohibiting sex offenders from living within 1,000 feet of certain locations, such as school, parks, daycare facilities, churches, and libraries. …
Miranda rights, also referred to as “Miranda warnings,” are warnings law enforcement officers must give to suspects before they can question the alleged wrongdoers following an arrest. An example warning is, “you have the right to remain silent.” Suspects can waive their Miranda rights and decide to talk to a police officer. However, it is …
A defendant in a criminal case does not choose which district attorney will be assigned. Nor does the defendant have the power to request a different prosecutor. But in most states, the defense can seek to recuse a district attorney (or a prosecuting agency) if there is a bias or conflict of interest. In California, …
Many Arizona county- and municipal courts have diversion programs where eligible defendants can get their criminal charge dismissed if they successfully complete various sentencing terms such as doing rehab, undergoing counseling, and paying restitution. The purpose of diversion is to treat defendants rather than punish them in the hopes that treatment will keep them from …
The amount of compensation that victims can recover for a burn injury will depend on numerous factors. These include the nature and severity of the injury and whether the victim was partially at fault. Most burn injury lawsuits, though, tend to recover between a few thousand dollars and several million dollars. How much compensation can …
The Arizona Revised Statutes (A.R.S.) allow eligible defendants in criminal cases to avoid jail time by going on probation on the condition they abide by certain terms of probation. People who violate any term of their probation risk getting their probation revoked and being remanded into custody. Ten common conditions of probation in Arizona that …
Defendants in Nevada criminal cases are entitled to a public defender if they are indigent and they are accused of either a felony, a gross misdemeanor, or a misdemeanor where the D.A. is seeking jail time. A person is indigent if he/she has insufficient resources to hire a private attorney. When do defendants get a …
The average settlement for a head-on collision ranges anywhere from a few thousand dollars to over $1,000,000. The wide range is because there is no such thing as an “average” car accident case. They are all unique. Therefore, there is no “average” settlement, either. However, some factors will likely increase or decrease the settlement amount. …
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 …
