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People facing a preliminary hearing often have one burning question: Can the charges be dropped at the hearing? The short answer is yes, it is possible that either the judge or the prosecutor will drop the charges. The judge will dismiss the case if he or she finds, based on the evidence presented at the …
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 …
It is very difficult to provide an average settlement value for rear-end collisions. This is because settlement amounts for these types of auto accidents vary considerably. In general, settlement awards will vary depending on the relative level of fault of the parties to the accident, the specific types of injuries involved, the severity of your …
Playlist: The California Crime of "Corporal Injury to a Spouse" (Domestic Violence)Watch this playlist on YouTube The term corporal injury to spouse refers to a criminal charge for willfully inflicting a physical injury upon one’s husband or wife. Most states apply the law not just to spouses, but also to intimate partners (which can include co-parents, …
Prima facie negligence is when a person or entity fails to use the care that a reasonably prudent and careful person or entity would use under similar circumstances.1 The term can also refer to the scenario where a party fails to take some act when there is a legal duty to act (for example, a …
In general, personal injury settlement and verdict proceeds are not subject to state or federal taxes. However, there are three possible exceptions: (1) awards punitive damages, (2) damages for emotional distress, and (3) damages for lost wages. Depending on the case, these three types of damages can be taxable. 1. What is the general rule on …
The top 5 legal grounds for the suppression of evidence are that the evidence was obtained in an unreasonable search done without a warrant, the police obtained evidence in violation of the suspect’s right to a lawyer, the suspect was not properly Mirandized, the police had a search warrant, but it was defective or deficient, …
If you are accused of violating probation in a Colorado DUI or DWAI case, you are entitled to a revocation hearing where the prosecution has the burden to prove that you did in fact violate your probation. If you win the hearing, you stay on probation. If you lose the hearing, the judge may either keep you …
California crosswalk laws give pedestrians the right of way in an unmarked crosswalk. However, you – as a pedestrian – still have to take due care for your own safety. You cannot jump into traffic in a way that creates an immediate hazard. You also cannot unnecessarily delay traffic. If you are a victim in a …
There are 3 key things to know about truck accident lawsuit settlements: They can happen at any time between the accident and the trial verdict, There is a vast range of settlement amounts, and The trucking company’s insurance coverage may not cover all of it. What are 3 things to know about truck accident cases? …
It can take several weeks to several months to get paid after settling a personal injury case. Some factors, like medical liens or other subrogation payments, can make it take longer for you to receive your settlement check. Only after all of these fees and payments are deducted can your attorney send you the proceeds …
Follow these steps to obtain a marijuana growers’ license in Colorado. Step 1: Research Before anything, educate yourself on the latest marijuana laws and business regulations at the Marijuana Enforcement Division (MED) website. You are also strongly advised to consult with an experienced attorney on your options and obligations as a commercial marijuana grower. Step …
Can I drive in California with a drivers license from a foreign country?Watch this video on YouTube Yes. If you have a current valid driver’s license from a foreign country, you can legally drive in California. You do not need to get a California driver’s license or international driving permit (“IDP”) as long as: You …
Drowning accidents cause around 4,000 deaths and 8,000 emergency room visits every year in the United States. Ten leading ways for them to happen are: lack of swimming skills, alcohol, drugs and prescription medications, unsupervised children, unsupervised swimming, untrained supervision, unprotected pools, not wearing a life jacket, loss of consciousness, and flooding disasters. In some cases, …
Personal injury protection insurance (PIP) is a type of car insurance. It covers your medical bills, lost wages, and funeral costs after a car accident, regardless of who was at fault. It also covers anyone else in your vehicle. It does not provide liability coverage, or cover property damage. There are also exceptions for when …
In limited circumstances, you can sue your employer if you have been hurt on the job. Generally speaking, however, workers’ compensation is the exclusive remedy. You may be able to sue your employer if the employer intentionally causes the injury, fraudulently conceals their connection to the injury, acts in a dual capacity, or does not …
At the DMV hearing, the hearing officer will listen to evidence of guilt presented by the arresting officer. They will then hear your exculpatory evidence. You can testify and can cross-examine other witnesses and the arresting officer. All of this happens in a DMV office, or even over the phone. What happens at the DMV …
Winning a DMV administrative hearing following a Colorado DUI is actually more difficult than winning the criminal case. In DUI criminal cases, the stakes are serious – you could go to jail if convicted. Therefore, the prosecutor has the burden to prove guilt beyond a reasonable doubt – which is a very high bar. Though …
Senate Bill 1343 is a California legislation that requires employers with 5 or more employees to provide sexual harassment training to all of its employees. The free course provided by the California Civil Rights Department (CRD) satisfies this requirement. The law initially required this training to be provided by January 1, 2020. However, the CRD’s …
The license revocation for underage drinking and driving (UDD) (where a person under 21 drives with a BAC of 0.02% to 0.05%) increases with each successive conviction. The minor will receive a 3-month revocation for a first conviction, a 6-month revocation for a second conviction, and a 1-year revocation for a third conviction. For a first-time …
A diminished value claim, if successful, allows you to get compensation for the difference in the value of your vehicle before versus after the accident. Five key things to know about diminished value claims in California are: what they recover, a car’s value can diminish in 3 different ways, who was at fault for the accident …
Auto accidents generally take anywhere from 6 months to 3 years to settle. However, just as there is no “average” car accident case, so the settlement timeline may be longer or shorter. Two of the most important factors are whether there are facts in dispute and the willingness of the parties to compromise. Is there …
A subrogation claim is when your insurance company demands reimbursement (out of the money you receive in a personal injury case) for expenses that it covered (usually medical bills) while your case was pending. It is as if the insurance company says to you: “After your accident, we paid the medical bills to treat your …
In California employment law, a separation agreement is a written contract between an employer and a worker who is about to be terminated. The agreement generally requires the worker to waive all legal claims that they may have against the company. In exchange, the worker receives severance pay. Many separation agreements in California also restrict …
While a doctor cannot revoke your driver’s license on their own, their report of a medical condition can set the revocation process in motion. Doctors are may be legally required to report certain medical conditions to their state’s Department of Motor Vehicles (DMV). This can trigger a DMV hearing that can lead to a license …