Unlike some other states, California does not have a “stop and identify” statute that makes it a crime to refuse to identify yourself. This means that you do not have to show police your identification unless you are being lawfully detained or arrested. That said, you do have to show police your driver’s license if asked …
In California, you have a legal obligation to mitigate your damages in a variety of legal claims. This means you have to take reasonable steps to reduce how much you lose after an accident or a breach of contract. Losses that you do not mitigate will not be compensated in a lawsuit. The duty to …
The City of Las Vegas has a new vagrancy law under 10.86.010 called the encampment ordinance. This new law makes it a misdemeanor for people to sleep or otherwise camp out in certain areas if there is space available at shelters. Penalties under this new ordinance include up to 6 months in jail and/or up …
Negligent hiring is a lawsuit that victims can file against an employer for its employee’s misconduct. Seven common examples are: a transportation company hiring someone with a bad driving record, hiring a worker with a relevant criminal record, not firing a worker after similar misconduct, failing to supervise a worker, not conducting a background check, …
What Does "Light Duty" Mean in a Workers’ Comp Case?Watch this video on YouTube In a workers’ compensation case, the term light duty refers to a modified job assignment that is less physically or mentally demanding than your normal duties. These jobs allow you to return to work without aggravating your injury. Depending on the state, …
Can I “open carry” a knife in Nevada?Watch this video on YouTube Yes. People are generally allowed to open-carry knives in Nevada. However, you may not carry dirks, daggers, or switchblades (openly or concealed) at public universities, schools, or childcare facilities. In fact, carrying a dirk, dagger, or switchblade at a school or childcare facility …
If you get convicted of any felony offense, you will lose your gun rights in California. In fact, if you have a felony conviction on your criminal record, it is itself a felony offense to own, purchase, receive, or possess a firearm. Convictions carry up to three years in prison. However, there are several ways …
You can usually continue driving after a Colorado DUI as long as you get a breathalyzer called an ignition interlock device (IID) installed in your car(s). However, drivers with asthma or other lung conditions may have a difficult time providing an adequate breath sample. If you have a medical condition that prevents you from blowing …
In California, domestic violence is generally charged as a misdemeanor rather than a felony unless the incident caused an injury. California has no single domestic violence law. Instead, there are a handful of different laws. Two of the most common domestic violence crimes are: Domestic Battery, which is always a misdemeanor; and Corporal Injury on …
In California, pedestrians do not always have the right of way, though they generally do. In some cases, pedestrians can be partially or totally liable for a pedestrian accident. Pedestrians can sue for damages they sustain in an accident. However, their damages will be reduced by their degree of fault. In this article I delve …
In California law, homicide is the killing of another human being while murder is an unlawful homicide with malice aforethought. Therefore, homicide is an umbrella term that includes all situations where someone gets killed. Murder is a type of homicide. This chart summarizes the differences between murder and homicide: Murder Homicide It is the killing …
Nevada Driving Record: How do I get it? What does it show?Watch this video on YouTube You can order a copy of your three-year or 10-year Nevada driving record from the Nevada Department of Motor Vehicles for a $7 fee. Automobile insurance companies typically look back three to five years when calculating insurance rates. You …
In California, hit-and-run can be a felony if you fled the scene of an accident that produced a serious, permanent injury or fatality. Felony convictions carry higher penalties. If the accident did not hurt anyone, then prosecutors can only charge it as a misdemeanor. If the injuries were not serious and permanent, prosecutors can file …
Once you turn yourself in for a bench warrant, you will go before a judge for a hearing which should result in the warrant being recalled and quashed. Your goal at the hearing is to show that your violation of the court’s order (leading to the bench warrant) was justifiable or excusable. Depending on the …
The difference between negligence and malpractice in California lies in whose conduct caused your injuries. Both are civil claims for compensation in personal injury lawsuits. Normal people have a duty to behave like a reasonable person. Failing to do so is negligence. When working, certain professionals, like lawyers and doctors, have a duty to behave …
Under NRS 484B.653, reckless driving is typically a misdemeanor carrying up to six months in jail. However, if you caused someone to die or sustain substantial bodily harm, then reckless driving is prosecuted as a category B felony carrying: 1 to 6 years in prison and a fine of $2,000 to $5,000. However, the maximum …
In California, the reasonable person standard works by comparing an allegedly negligent party’s conduct to what a hypothetical reasonable person would have done in the same or similar circumstances. If a defendant fails to act like an objectively reasonable person would have, it can amount to a breach of their duty of care towards you …
An accessory to a crime is someone who helped commit the offense without actually taking part in it. It is similar to the crime of “aiding and abetting,” though you can be an accessory even if you were not present at the scene of the crime. In this article I discuss in detail what it …
Bail bonds work by allowing you to post bail that you would not have otherwise been able to afford. The bail bondsman posts the full amount on your behalf. You pay the bail bondsman a percentage of the bail amount – usually 10 percent. This payment is nonrefundable. The bondsman usually secures the bond with …
In California, the criminal statute of limitations for child molestation can be between one year and forever. Recent changes to the law have allowed prosecutors to file charges at any time in some cases. The specific nature of the allegations will determine how long law enforcement has to initiate a particular case. Which statute of …
The castle doctrine allows you to use deadly force against intruders to defend yourself within your own home. By contrast, the stand your ground doctrine allows you to use proportional force to reasonably defend yourself at any location where you have a legal right to be. Both doctrines require no duty to retreat. Although the …
Most jurisdictions do not have a statute of limitations for the crime of murder. A statute of limitations sets forth the amount of time in which a prosecutor can file criminal charges. With no statute in place, prosecutors have no time restrictions as to when they can bring a murder case. Note though that some …
Generally speaking, an 18-year-old can date a 16-year-old provided that the relationship is not sexual. If the relationship becomes sexual, then it could be illegal depending on the state. This is because each state has its own age of consent rules and Romeo and Juliet laws, and both can have an impact on the legality …
Sex with a minor (or anyone below the state’s age of consent) is prohibited even if the sex was consensual and even if it was initiated by the minor. Potential consequences include jail or prison time, fines, probation, mandatory registration as a sex offender, civil penalties, the collateral consequences of a criminal conviction, living or workplace …
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 they find, based on the evidence presented at the preliminary hearing, …
