California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 10

In California criminal trials, a hung jury is when the jurors cannot reach a unanimous agreement as to the verdict. All jurors have to agree on guilt or innocence to render a trial complete. (Hung juries can also occur in civil trials such as for personal injury, though only three-fourths of jurors in a civil …

How to Get Paid for Unused Vacation Time in CaliforniaWatch this video on YouTube In California, you can cash out vacation time when discharged, or while still working. Once vacation time is accrued, your company owes it to you as a form of wages. Because vacation time is a form of wage, you are entitled to …

Unlike federal law, California child labor law limits how many hours a 17-year-old can work. In California, minors aged 17 can work up to: 48 hours per workweek, 8 hours per workday, if it is not a schoolday or if it is a day before a non-schoolday, and 4 hours per day on schooldays. These …

If you have been wrongfully terminated, you may be able to get your job back by way of legal action. If you can prove that the discharge was illegal, the court may order the employer to reinstate you, in addition to compensating you for lost wages. Employers may also offer the job back in order …

How many hours you have to work to get a lunch break will depend on the state. Federal law does not require lunch or meal breaks. Many states, including California, require lunch breaks after 5 hours of work. Other states, such as New York, require one after 6 hours. Some others, such as Arkansas, do …

If you are arrested for driving under the influence (DUI) in California, you typically do not lose your driver’s license immediately. Instead, the arresting officer usually takes your driver’s license and issues a temporary permit. This driving permit has an expiration date. If you do not successfully challenge the suspension, the permit will expire, and …

Mistake of age can be a defense to a criminal charge for statutory rape. If you honestly and reasonably believed that the alleged victim was at or above the age of consent, this can serve to negate the crime in certain states and jurisdictions. What is statutory rape? Statutory rape is the crime of having …

An intent to commit a crime is a common element of a criminal offense. Some crimes require prosecutors to prove that you acted with a specific intent to commit the offense. Others only require a general intent. Finally, some criminal offenses do not require intent at all. These are strict liability crimes. How does criminal …

Forgery can be either a misdemeanor or a felony, depending on the state and the circumstances. In California, for example, forgery is a wobbler. Prosecutors can choose whether to pursue felony or misdemeanor charges. However, if the amount at issue is $950 or less and you do not have a prior offense, it is a …

After a car accident, you should try to get at least 3 car repair estimates. One of these estimates should come from a repair shop with a stellar record. If you get only a single estimate, you will not know if the shop you chose is asking for too much or for so little that …

The 5 best and most common defense strategies for a reckless driving charge are: you were not the driver of the vehicle, the driving may have been negligent or careless, but was not reckless, you were merely distracted, rather than reckless, if the charge stems from your speed, that the radar gun was not used …

In California, an arrest warrant for a misdemeanor offense will stay active until either the warrant is cleared, you are arrested, or you die. These warrants do not simply expire. However, if the criminal statute of limitations has expired, the case potentially can get dismissed as time-barred. In California, the statute of limitations for misdemeanors …

In California, you can bring a 17(b) motion to ask the court to get a felony dropped to a misdemeanor after completing felony probation. This only works for wobblers, however. The benefits of reducing a felony offense to a misdemeanor are significant. The collateral consequences of a felony conviction are much more severe than for …

Most nurses do get paid overtime. As a nurse, you are entitled to 1.5 times your regular rate of pay for every hour you work past 40 hours in a 7-day period. However, some nurses – especially registered nurses – may be considered exempt employees. As an exempt employee, you are generally not entitled to overtime …

As a general rule, once you plead guilty to a criminal charge, the terms of the agreement are binding and you cannot back out of the plea deal just because you change your mind. However, there are three situations where a plea bargain can be reversed in criminal cases. These are when: you successfully bring …

There are four possible consequences if you commit a misdemeanor offense while out on bail. These include: the setting of a second bail, possibly at an increased rate, bail revocation with a remand into custody, bail forfeiture, and the possible loss of a plea bargain. Examples of common misdemeanor crimes include: driving under the influence …

Minors in California found to have engaged in vandalism are usually put on probation or in a diversion program. The terms of probation generally include restitution, community service, counseling, a curfew, and other restrictions. Juvenile convictions might be a factor in sentencing for a later case where the defendant is tried as an adult. What …

In California, a settlement agreement is a binding contract that resolves a legal claim. The agreement is the deal that the parties to the dispute have reached in order to settle their disagreements short of trial or arbitration. It is the culmination of what is often a contentious negotiation process. State courts can enforce the …