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In California, a “Watson murder” is a type of second-degree murder. People can be charged with a Watson murder if they kill someone while driving under the influence (DUI) and were acting with implied malice. Prosecutors often try to prove implied malice with the defendant’s prior DUI conviction that included a “Watson admonition.” What is …
In most states, workers’ compensation begins to pay the costs of the injured worker’s medical care immediately after the workplace injury. However, disability payments may only begin once the workers’ compensation claim has been approved. The timeframe for claims to be approved or denied depends on the state. It is usually around 21 days. When …
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, …
Restitution is calculated by totaling the financial losses suffered by the victim of a crime. Different states use different systems. Restitution usually includes things like property damage, medical expenses, lost income, and other costs. However, it often does not cover things like pain and suffering or legal expenses. The payment of restitution is usually a …
A DMV DUI hearing is an administrative hearing held at a California Department of Motor Vehicle office for the sole purpose of determining whether or not a person’s driver’s license should be suspended following a DUI arrest. The hearing is a separate process from the criminal court proceeding for the DUI charge. In preparing for …
A police officer is authorized to arrest a person without an arrest warrant when the person commits an offense in the presence of the officer and when a peace officer has probable cause to believe that a suspect committed a felony. Technically, police officers can also make a warrantless arrest if they have probable cause …
Inmates who are eligible for work furlough in San Diego can request to spend the remainder of their prison sentence at a work furlough facility. Work furlough allows inmates to work, or to look for work, before their sentence has ended. However, inmates have to return to the facility as soon as their workday ends. …
Nevada knife laws generally make it legal to carry dirk-knives and daggers in Las Vegas, but with three qualifications: Defendants need a CCW permit to conceal carry dirks or daggers; Dirks and daggers are prohibited at schools or child care facilities (with some exceptions); Brandishing a dirk or dagger in front of two or more …
What Happens if You Get a Probation Violation in a DUI Case? If people violate a term of their probation in a DUI case, a probation officer or police officer can take them into custody pending a probation violation hearing. At the hearing, the judge has the discretion to reinstate the probation, modify the probation …
The burden of proof at a California DMV hearing is “by a preponderance of the evidence.” A preponderance of the evidence means that it is more likely than not that a person committed the violation. By contrast, prosecutors in court must prove that an accused violated a DUI law “beyond a reasonable doubt” in order …
California Code of Civil Procedure 377.60 CCP is the statute that allows certain people to file a wrongful death lawsuit. Eligible parties include a deceased person’s surviving spouse, domestic partner, or children. These parties are sometimes referred to as “heirs” in a wrongful death cause of action. The party that passed is often referred to …
California no longer applies the tort law principle of contributory negligence. Instead, California law now applies pure comparative negligence rules in personal injury cases. Under these rules, a person responsible for causing an accident only compensates the injured party in accordance with his/her percentage of fault. For example, if a party is only 25 percent …
Motorists typically do not lose their driver’s license immediately after being arrested for driving under the influence (DUI). Instead, usually, the arresting officer will take the suspect’s driver’s license and issue a temporary permit. This driving permit will have an expiration date. If the driver does not successfully challenge the suspension, the permit will expire …
Without more, speeding is a citable infraction in California, not a crime. However, excessive speed can contribute to reckless driving or street racing charges. In these cases, it is only a felony if someone else gets seriously hurt. Otherwise, it is a misdemeanor. Speeding and driving recklessly while under the influence can also enhance the …
Colorado is a member of the interstate compact – formally called the Interstate Compact for Adult Offender Supervision – which regulates if and how criminal defendants can have their probation or parole transferred between states. Probationers and parolees who move to or from Colorado in violation of the interstate compact face being remanded to jail …
Drivers who strike a pedestrian lawfully in a crosswalk can face a civil lawsuit, driver’s license repercussions, traffic citations, and potentially even criminal prosecution. If the pedestrian is seriously or fatally hurt, the consequences will be worse for the driver. However, if the pedestrian was at-fault for the accident, the driver may not face any …
After a car accident, drivers should try to get at least 3 repair estimates. One of these estimates should come from a repair shop with a stellar record. Drivers who only get a single estimate will not know if the shop they chose is asking for too much or for so little that they cannot …
Generally, the statute of limitations for a negligence claim in California is 2 years. However, certain types of cases may have a longer or a shorter timeframe. There are also circumstances that toll, or delay, the running of the time to file the claim. Lawsuits filed after the applicable statute of limitations has expired are …
During a preliminary hearing, the prosecutor presents evidence (which can be witnesses, documents and physical evidence) that the defendant committed the charged crimes. The purpose of a preliminary hearing is for the judge to determine if there is sufficient evidence to bind the defendant over to stand trial. The hearing is a type of mini-trial …
In criminal law, the term corporal injury refers to any physical injury that causes a traumatic condition. This typically means a visible or verifiable injury, whether slight or severe. The existence of a corporal injury can be an element of a violent crime such as assault or battery. In California, it is an element of …
While manslaughter is the unlawful killing of a person without malice, murder is a wrongful killing with malice. In most states, including California, malice or malice aforethought is defined as a specific intent to kill the victim or a wrongful act done with a conscious disregard for human life. Manslaughter can be either voluntary manslaughter …
California Labor Code 2802 is the law that requires employers to reimburse workers for “all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.” Employers that fail to do so can face a wage and hour lawsuit. The statute allows employees to recover attorneys’ fees, …
Labor Code 221 is the California statute that forbids employers from taking back any wages that have already been paid to an employee. These deductions are illegal, and employers can face civil penalties and even criminal charges for imposing them. However, there are limited exceptions to Labor Code 221 that let employers deduct costs like …
Wrongful death settlements can be paid out either as a lump sum or in a structured settlement. Lump sum settlements are paid out all at once. Structured settlements provide regular payments to the deceased’s loved ones over time. The parties to the lawsuit have to agree on how the settlement is paid. With exceptions, the …
Workers may be entitled to receive compensation for any unused vacation time after they quit. In some states, workers forfeit their unused paid time off (PTO) when they separate from the company. In other states, including California, employers must pay out any unused vacation time immediately upon termination. Many companies, however, maintain a policy of …