Penal Code § 365.7 prohibits service dog fraud. Specifically, it is a crime to make a false claim that your dog is a medical service dog in order to take the dog to (or keep the dog at) an apartment or business establishment. A violation of the code section is a misdemeanor that can result in …
California Penal Code 1214 PC makes an order of restitution (in a criminal case) enforceable as if it were a civil judgment. This means a victim will have all the resources available under California law to collect upon the judgment. Victim restitution (compensation) refers to a victim’s right to recover any economic losses that he/she incurred as the result …
Some California criminal defense lawyers take a wait-and-see approach. They stall until the first court date, or until they receive the police reports, before investigating and working up your case. By contrast, we believe there’s no time to waste. The most critical window for defense work may be the first few days following an arrest, …
An employee injured on the job is generally limited to seeking recovery by filing a workers’ compensation claim. This means they cannot sue the employer in civil court. However, there are exceptions in which an employee can sue employers for a work-related accident, meaning they can bypass the workers’ compensation system. This may allow a larger award, …
If more than one person injures you in California, the state’s “joint and several liability” law makes each at-fault party fully liable for your economic damages (such as medical bills, lost wages, and property repairs). This way, you need to sue only one of the at-fault parties to get all your economic damages. Then afterwards, …
"Attempted Murder" – Who Can Be Charged? Advice from a former Los Angeles District AttorneyWatch this video on YouTube Under California Penal Code § 664/187(a) PC, attempted murder is intending to kill the victim and taking a direct step towards killing them, but the victim does not die. Attempted first-degree murder is punished by life in state prison. …
What is "res ipsa loquitor"?Watch this video on YouTube Res ipsa loquitur is a legal doctrine used in personal injury cases to establish that a defendant acted negligently. It allows a judge or jury to presume negligence when the facts of a case show that an accident occurred and there is no other explanation for it but for the defendant’s acts. The doctrine of res ipsa …
Misdemeanor Probation Explained in California — (Also Called "Summary" or "Informal" Probation)Watch this video on YouTube Misdemeanor probation is an alternative to jail for most California defendants facing low-level, non-violent charges, especially for first-time offenders. It often lasts for one year (12 months), though it can go up to two years (24 months). Five key …
What is a Penal Code 17b motion to reduce a felony to a misdemeanor?Watch this video on YouTube A Penal Code § 17(b) motion is where you ask the court to reduce a felony offense to a misdemeanor. This is only possible if the felony is a wobbler, meaning the offense could have been originally charged as either a …
Great Bodily Injury in California — "Will I Do More Jail Time?"Watch this video on YouTube In California criminal prosecutions, the term “great bodily injury” refers to significant or substantial physical injuries such as broken bones, concussions, gunshot wounds, contusions, and second and third-degree burns. Great bodily injury does not include less serious injuries, emotional scarring, or …
Qualified Immunity — Can I sue a corrupt police officer personally?Watch this video on YouTube Qualified immunity is a legal doctrine that protects government officials from lawsuits seeking money damages. The doctrine applies when officers are exercising discretion in their official capacity. The defense of qualified immunity, when invoked successfully, leads to the dismissal of civil claims. The doctrine of …
Section 1983 — Info about bringing a civil rights lawsuitWatch this video on YouTube A Section § 1983 lawsuit permits you to seek financial compensation for violations of your constitutional rights by state and local government officials, such as police officers or prison guards, while they were acting under color of law. A Section § 1983 …
False Arrest in California? Know Your Rights!Watch this video on YouTube A false arrest is the act of unlawfully restraining or detaining a person against his or her will by someone (usually a law enforcement officer, but also sometimes a private citizen) who lacks the legal authority or justification to do so. A false arrest …
Vehicle Code 27465b CVC is the California statute that makes it a traffic offense for a person to drive a motor vehicle with tires that have worn tire treads. California law imposes a minimum tread depth of at least 1/8th of an inch in depth for front tires, and 1/16th of an inch in depth for rear …
Vehicle Code 35400 VC is the California statute that regulates the lengths of vehicles. The code section states that a motor vehicle cannot exceed an overall length of 40 feet. The law then provides several exceptions that allow for “over-sized” vehicles (e.g., buses and trolley coaches) provided certain conditions are met. A violation of the statute …
The California dog bite attorneys at Shouse Law Group help bite victims to bring lawsuits. We can help you recover damages for medical bills, lost wages, pain and suffering, disfigurement, and psychological trauma. California dog bite law imposes strict liability on the owners. This means the owner of any dog that bites you faces liability …
In 2021, California ranked first in the nation as having the most dog bite claims (at 2,026 claims) and the highest average dog bite settlement at $59,561 per claim. Last year, insurance companies paid out more than $120.7 million in dog bite claims in California alone, according to the Insurance Information Institute. Most dog bite …
California Penal Code § 302 PC makes it a crime to disturb a religious meeting by using profanity, misbehavior, or unreasonable noise. This is a misdemeanor punishable by up to one year in jail and/or a fine of up to $1000.00. Examples heckling a pastor during a religious service yelling rude comments at people on their way …
Vehicle Code § 2800.1 VC makes it a crime to flee from or try to elude a peace officer when you’re driving a vehicle, and the officer pursuing you is in a vehicle or on a bicycle. Doing so is a misdemeanor offense that carries up to one year in county jail. 2800.1 VC states …
1st Time DUI in CaliforniaWatch this video on YouTube A first offense DUI in California is a misdemeanor typically punished by 3 to 5 years of probation, $390.00 to $1000.00 in fines plus penalty assessments, DUI school, a 6-month driver’s license suspension, and installation of an ignition interlock device. Some counties also impose a short …
Residual mouth alcohol is a common defense to a DUI charge. The defense is premised on the concept of falsely high readings by DUI breath test devices. This happens when the breathalyzer picks up traces of alcohol that remain in the mouth, rather than in the deep lung tissue. This alcohol will be detected by a DUI breath test, even though it has …
Vehicle Code § 22500 CVC is the California statute that makes it a parking violation to stop, park, or leave your vehicle in certain locations. Some of these locations include the area within an intersection, on a crosswalk, and within 15 feet of a fire station driveway. Exceptions apply if you commit an act to …
What is "negligence per se" in California personal injury law?Watch this video on YouTube In California, negligence per se is a legal principle in which a person is presumed to have acted negligently if they violate a statute and, in so doing, injure someone that the statute was designed to protect. The theory arises in the context …
California law prohibits sexual harassment in the workplace. This includes everything from colleagues directing inappropriate slurs at you to your boss demanding sexual favors in exchange for employment benefits. If you are a workplace sexual harassment victim, you do not have to suffer in silence for fear of losing your job. Here at Shouse Law …
Vehicle Code 20002 & 20001 VC – Hit and Run Laws in CaliforniaWatch this video on YouTube California Vehicle Code § 20002a VC defines the crime of misdemeanor hit and run, which is fleeing the scene of an accident causing only property damage and no physical injuries. The language of the code section states that: 20002. (a) The …