After determining what your case is worth, you should usually ask for around double that amount in your demand letter. This initiates the settlement negotiation process and gives you room to compromise. It also helps you avoid asking for too little and the insurance company agreeing to that amount. Determine what your personal injury case …
LEGAL ANALYSIS — Whats the difference between "rape" and "sexual assault" in California law?Watch this video on YouTube In general, you commit the crime of rape if you have non-consensual sexual intercourse with another person by means of physical force or threats. By contrast, you commit the offense of sexual assault if you make sexual …
What is a “Batterers’ Intervention Program”?Watch this video on YouTube A batterers’ intervention program, or BIP, is a rehabilitation program you may be eligible for if convicted of certain domestic violence offenses. You are typically required to complete a BIP as a part of your sentence. Different states use different programs, though the focus is to …
Defrauding an innkeeper is a criminal offense that can be charged if you obtain goods or services from a business without paying for them. This often involves “dining and dashing” from a restaurant, or failing to pay after you stay at a hotel or you fill up your tank at a gas station. Depending on …
Most jurisdictions say that you have to be charged with a hit-and-run case within either: one year from the date of the accident, if the crime is charged as a misdemeanor, or three years from the date of the accident, if the crime is charged as a felony. Note that the time by which a …
5 Ways Battery is a FelonyWatch this video on YouTube Battery can be a felony. A prosecutor can charge the crime as either a felony or a misdemeanor depending on the facts of the case, the extent of the victim’s injuries, and the defendant’s criminal history. Most jurisdictions say that battery is a felony offense …
Most states say that you can still become a lawyer even if you were convicted of a felony. This is often true, however, only provided that you can pass your state’s moral character review process. You can generally pass this review if you can positively show that you have rehabilitated yourself since your conviction. Note …
Legal Analysis: Falsely accused of rape in California?Watch this video on YouTube If you have been falsely accused of rape, you have defenses at your disposal. These include showing that the allegations have an ulterior motive, that there was no intercourse, or that the sex was consensual. There are also numerous things that you should …
Unsupervised probation is a type of probation authorized in many states where you report directly to the court rather than to a probation officer. This is typically a more relaxed form of probation that is reserved for misdemeanor offenders that pose a low risk of harm to the community. As with supervised probation, you must …
States have three primary approaches as to how much cocaine it takes to trigger felony charges: Some states treat the possession of any amount of cocaine, even very small amounts, as a felony. Other states have a specific threshold amount (such as 500 milligrams in New York) that makes it a felony. A third set …
Blackmail is a crime under federal law and the laws of every state. Blackmail involves coercing or extorting someone to gain money, property, or services unless the victim meets specific demands. This offense is generally a felony that can carry over a year in prison and high fines. In many states, blackmail falls under the …
The difference between theft and robbery is that theft is merely stealing someone’s property, whereas robbery is using force or fear to take property from a person’s immediate possession. So theft is a less serious property crime. Robbery is a more serious violent crime. Most jurisdictions say that theft can lead to misdemeanor or felony …
Restraining orders are generally part of the public record. One consequence of this is that a restraining order will likely appear on a criminal background check. This can sometimes have ramifications in terms of securing employment, housing, and other benefits. A restraining order is a court order that forbids a specific person from threatening, harassing, …
In Las Vegas, it is a misdemeanor carrying a $600 fine to smoke or consume marijuana in public.1 Smoking weed in public remains a crime even though it is now legal for adults 21 and older to possess up to 2.5 ounces of marijuana in a private residence for recreational use.2 If you are cited …
Leaving the scene of an accident in Colorado (“hit and run”) can lead to both civil and criminal penalties. Civil-wise, you can be sued by any victims who were injured or had their property damaged in the crash. In fact, you can lose the lawsuit even if you are never criminally charged or convicted of …
You took a bat to an ex-girlfriend’s mailbox out of anger. Now you are under investigation for the crime of vandalism. Is this a felony crime? It can be. Most states say that vandalism can be charged as a felony if: the crime results in property damage that is valued above a certain dollar amount …
Under Penal Code 21510 PC, butterfly knives are considered a form of a switchblade and are illegal in California. Specifically, it is a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife. Convictions are misdemeanor offenses that carry up to six months in jail. In this article I go into depth …
You were recently cited for reckless driving by the California Highway Patrol (CHP). You now want to contest the ticket. The CHP officer that cited you said he caught you on the patrol car’s Mobile Video Audio Recording System (MVARS). Can you get a copy of the MVARS video? Most likely, yes. MVARS footage is …
An FTA warrant is essentially a bench warrant for your arrest that a judge issues because you “failed to appear” (FTA) for a court matter. You can “fix” the warrant by “recalling” or “quashing” it, which means having it cleared from the judicial system. You typically must appear in court to recall an FTA warrant. …
The average settlement for a California lawsuit filed over back and neck injuries sustained in a car accident varies from a few thousand dollars to well over a million. The wide range is because all accidents and injuries are unique. Small discrepancies in your case make it different from other, similar ones. There is no …
Police generally start investigating a California hit and run case by visiting the scene of the accident, interviewing the victim and gathering evidence. Law enforcement then goes to identify the driver who fled the scene, usually by: piecing together the evidence they gathered, viewing surveillance camera footage (if available), bringing the case into the news, …
In the context of criminal law, a dirk or dagger is defined as a knife or other instrument (with or without a handguard) that can be used immediately as a stabbing weapon, and that may inflict great bodily injury or death. This includes pocketknives and certain folding knives if the blade is exposed and locked into …
A pretrial diversion program is an alternative resolution of a criminal case by which you can avoid jail and a criminal conviction. The program diverts you out of the criminal justice system and into a form of supervised release or probation. If you complete the diversion program, you can have your case dismissed. If you …
Nearly all sex offenders can still get a passport. However, sex offenders who committed child sex crimes will have a unique identifier placed on their passports. This identifier states that the person is a sex offender. Sex offenders covered by this requirement will have their normal passports revoked and replaced with one with the identifier. …
While plaintiffs’ lawyers generally want to settle a case quickly, there are 5 common reasons why a personal injury case can take a long time to settle: the medical treatment is still ongoing, working the case up further may increase the settlement, there are still factual or legal issues to resolve, the court is backlogged, …
