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 …
As of December 8, 2020, the Los Angeles District Attorney’s Office (LADA) is taking habeas corpus petitions much more seriously. If there is any evidence that a petitioner was denied his/her constitutional rights to a fair trial or sentence, LADA’s Habeas Corpus Litigation Unit (HABLIT) will investigate and possibly remedy the matter such as by …
Yes. Statutory rape is another term for the Nevada crime of statutory sexual seduction (NRS 200.368). Statutory rape is when an adult has consensual sex with a 14- or 15-year old child. However, Nevada law has a close-in-age exception where 14- and 15-year olds may lawfully have consensual sex with people less than four years …
California “employee privacy rights” refers to the rights that protect employees from employers intruding on their personal affairs and probing into their personal matters. These inalienable rights are largely guaranteed by Article 1, Section 1 of the California Constitution. They are also established via the State’s Labor Code and other similar statutes. California’s privacy laws …
Nevada law does not offer criminal record expungements, but it does offer record sealing. Essentially, expunging and sealing accomplish the same purpose. But whereas expunging is physically destroying a record, sealing is making the record invisible. Either way, the record will not show up on future background checks. What are the steps to seal records …
Yes. NRS 426.805 makes it a Nevada misdemeanor to fraudulently misrepresent an animal as a service animal. Penalties for trying to pass off a fake service dog as real include up to $500 in fines. Currently, assistance dog fraud is only a state crime and not also a federal crime.1 Service dog fraud typically occurs …
Also called larceny from a person, pick-pocketing (NRS 205.270) is always a category C felony under Nevada law – even for a first time offense. Defendants face a sentence of 1 to 5 years in prison, possibly up to $10,000 in fines, and restitution of the items or cash stolen. And if the pickpocketing victim …
Under California law, a “grand jury” refers to a group of citizens who are brought together to determine whether or not charges should be brought against a potential defendant in certain criminal cases. A preliminary hearing, by contrast, is a proceeding held before a judge in which he/she determines whether there is enough evidence in …
Epilepsy — Can the DMV revoke my license because of it?Watch this video on YouTube The California DMV may revoke or suspend your driver’s license if you have epilepsy, seizures, or other consciousness disorders that negatively affect your ability to drive safely. Here are four main points to know if you have epilepsy and drive …
