California - Page 20

Employee Privacy Rights in California – 4 Things to Know

California employee privacy rights refer to the rights that protect you from employers intruding on your personal affairs and probing into your personal matters. These rights are largely guaranteed by Article 1, Section 1 of the California Constitution, the state Labor Code and other similar statutes. Below our California labor and employment law attorneys will …

Vehicle Code § 23104 VC – Reckless Driving Causing Injury

Vehicle Code 23104 VC – "Reckless Driving Causing Injury"Watch this video on YouTube California Vehicle Code § 23104 VC is the criminal law section that applies if you drive recklessly and, in so doing, injure another person. A conviction is a misdemeanor punishable by up to 6 months in jail and fines of up to …

Is there probable cause for a DUI if I was in a parked car?

Probable cause and parked car DUI refers to a legal defense that you can use to contest a DUI charge that you received while in a parked car. The defense asserts that, in such a case, the DUI charge is invalid because the police officer did not observe you driving, and thus the officer lacked …

Vehicle Code § 23247(e) VC – Ignition Interlock Device (IID) Violations

What happens if I remove my ignition interlock device? California Vehicle Code 23247(e) VCWatch this video on YouTube Vehicle Code § 23247(e) VC makes it a crime to operate any vehicle not equipped with a functioning ignition interlock device (IID) if your driver’s license is restricted due to a DUI conviction. The statute requires that you …

§ 23540 VC – Second DUI Offense Within 10 Years

Vehicle Code § 23540 VC is a California law that adds extra penalties if you get a second DUI conviction within ten years of a prior DUI conviction. The law also imposes extra penalties if the second conviction is for drunk driving causing injury or a “wet” reckless that was plea bargained down from driving under …

§ 29825 PC – Possession of a Firearm in Violation of a Court Order

Penal Code § 29825 PC makes it a crime to own, purchase, or possess a firearm when there is a court order prohibiting you from doing so. This offense can be charged as a misdemeanor or a felony and carries up to 3 years in jail. The language of the code section states as follows: …

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Restraining Order in California – How to Get One & Fight One

In the California legal system, a restraining order is a court order that forbids a specific person from harassing, abusing, stalking, or threatening you. As the party that is protected, you are known as the protected person. Your abuser is known as the restrained person. Restraining orders are also commonly referred to as protective orders. …

Los Angeles Office

Contact Info Los Angeles DUI attorney (and former DUI prosecutor) Neil Shouse may be able to help. Call or email us to schedule a free consultation and case evaluation. The bulk of DUI cases in Los Angeles goes to the Metropolitan Courthouse at 1945 S. Hill Street or the Airport LAX Courthouse at 11701 S. La …

What is a “Victim Impact Panel” in a California DUI Case?

A victim impact panel, or VIP, is a meeting where a person convicted of a DUI in California is ordered to listen to DUI victims (usually three to four) speak about how a drunk driving event has affected their lives, or the lives of their loved ones. The panelist victims discuss a DUI incident with …

“Implied Malice” in California Homicide Cases

"Implied Malice" in California Murder Cases – Who Can Be Charged with 2nd Degree Murder? 188 PCWatch this video on YouTube Implied malice is a mental state and form of malice aforethought. Malice aforethought is required for a person to be found liable for the crime of murder in California. Even if a killing is unintentional, malice …

Juvenile Crimes A-Z Directory

Juvenile Crimes A-Z ShouseLaw.com Directory All Cases A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Adjudication Hearings B C Criminal Defense of Juveniles D Deferred Entry of Judgment Detention Hearings Disposition Hearing Division of Juvenile Justice …

Are Lactation Breaks Required Under California Labor Laws?

California’s labor laws require every employer within the State to provide breastfeeding mothers with a lactation break to express milk for their own nursing infant. However, mothers lose this right if either the break causes a serious disruption in the employer’s operations, or, the child is not an infant. The law says that this break …

Construction Defect Law and Claims in the United States

A construction lawsuit is a legal case whereby a property or homeowner brings a claim against a general contractor or similar party because of poor work quality or performance, property damage, or personal injury. Depending on state laws, these suits can be based on several legal theories, including negligence, breach of contract, and products liability. …

VC 4462 – Requirement to Present Vehicle Registration

Updated June 10, 2020 Vehicle Code 4462 VC is the California statute requiring drivers to show police proof of registration upon request. Anyone who displays false or invalid proof of registration faces misdemeanor charges, including up to 6 months in jail and/or up to $1,000 in fines. But the court can grant misdemeanor (or summary) probation …

Vehicle Code § 21800 to 21804 CVC – “Failure to Yield”

California Vehicle Code Sections 21800-21804 make failing to yield to other motorists in certain situations illegal. These sections largely set forth yielding laws that apply to intersections and when drivers make left turns and enter a highway. In short: Vehicle Code 21800 (a) CVC requires drivers entering an intersection to yield to motorists already at …

Lawsuits for “Nursing Home Abuse” in California

Victims of nursing home abuse in California have several remedies to recover damages and force remedial action. These include filing a lawsuit against the nursing home facility, reporting the abuse to the California Department of Aging, or filing a police report and seeking criminal charges. Who can file a claim for nursing home abuse? In California, seniors …

Penal Code 288.1 Reports – Mental Evaluations of People Convicted of Sex Crimes

Updated September 19, 2020 Penal Code 288.1 is the California statute that requires the court to obtain and consider a defendant’s mental evaluation before granting probation in certain sex crime cases. The mental evaluation is referred to as a “Penal Code 288.1 report.” The evaluation is conducted by a psychiatrist or psychologist, who is directed …

Vehicle Code § 10801 VC – Operating a “Chop Shop” – California Law

Operating a "Chop Shop" – Vehicle Code 10801 VCWatch this video on YouTube California Vehicle Code § 10801 VC makes it a crime knowingly to own or operate a “chop shop.” This offense can be charged as a misdemeanor or a felony, and is punishable by up to four years in jail or prison. The full language of …

California “Hate Crime” Laws, Penalties & Defenses

Who can be charged with a "hate crime" in California? (Former DA explains)Watch this video on YouTube California’s hate crime laws are codified in Penal Code Sections 422.55, 422.6, 422.7, and 422.75 PC. These statutes make it a criminal offense for a person to commit a hate crime and also impose enhanced penalties when a …

Penal Code § 626.9 PC – California’s “Gun-Free School Zone Act”

The "Gun Free School Zone Act" in California — Top Gun Rights Attorney ExplainsWatch this video on YouTube Penal Code § 626.9 PC is California’s Gun-Free School Zone Act. This section makes it illegal to have or use a gun in a school zone. A “school zone” is any area within 1,000 feet of a …

Penal Code § 597.7 PC – Leaving an Animal in an Unattended Vehicle

Arrested for leaving pet unattended in vehicle?Watch this video on YouTube Penal Code § 597.7 PC prohibits leaving an animal unattended in a motor vehicle under such conditions that would endanger its health or well-being. This is usually an infraction punishable by a $100 fine. However, it can lead to misdemeanor charges and jail time …

“Restitution Hearing” in a Criminal Case – How It works

A restitution hearing is a legal proceeding in a criminal case whereby the court determines how much the defendant must pay to compensate the victim or victims of the crime. The defendant is ordered to pay restitution as a condition of probation. If there is no probation or probation terminates, the outstanding restitution is generally …

Penal Code § 209.5 PC – Kidnapping During a Carjacking

Penal Code § 209.5 PC is the crime prosecutors charge when someone kidnaps a victim during the commission of a carjacking. This form of aggravated kidnapping is a felony that carries life in California State Prison but with the possibility of parole. Under Penal Code 215 PC, California law defines carjacking as taking a motor …

§ 136.1 PC – Dissuading or Intimidating a Witness or Victim

Laws against dissuading a witness in CaliforniaWatch this video on YouTube Penal Code § 136.1 PC makes it a crime in California to dissuade, intimidate or tamper with a witness to (or the victim of) a crime. In simple terms, this means attempting to prevent a witness or victim from reporting or testifying about a …