In California, travel time is when your employer requires you to be at a designated place and controls how you get there. Because of this control, travel time is compensable in California. It often occurs when your employer makes you go from one worksite to another, or use the employer’s transportation from a designated meet-up …
In California, the crime of transporting a controlled substance is defined as knowingly moving a usable amount of a controlled substance for its eventual sale. Doing so is a felony punishable by up to 9 years in prison, and even longer if it is a large quantity. You do not have to move the drug …
Studies have failed to show that field sobriety tests (FSTs) are unreliable measures of whether a motorist is driving under the influence of marijuana (DUI). Nevertheless, law enforcement continues using them to prosecute these cases, often in tandem with other tests, like blood, urine, or saliva. A good defense lawyer can raise reasonable doubts about …
In California, unpaid internships are legal. However, employers have to comply with both state and federal laws in order to host an unpaid intern. Federal guidelines require that the internship benefits the intern, not the employer. California requires employers to submit a proposal for the internship to the Division of Labor Standards Enforcement (DLSE) for …
California Penal Code 17330 PC holds that a “wallet gun” is any firearm mounted or enclosed in a case. Penal Code 24710 is the specific code section that makes these devices illegal. The case for these guns typically resembles a wallet, thus the name “wallet gun.” You can fire a wallet gun while it is still …
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 6 months in jail. Are butterfly knives illegal in California? In …
In California, you should keep and maintain all evidence that is in your possession, and that may be relevant to a personal injury case. You should also take necessary steps to ensure that the potential defendants preserve evidence in their possession. Statements from witnesses can also be taken and preserved. The consequences for spoliation of …
Under Penal Code § 24310, it is illegal to do any of the following with respect to camouflaging firearm containers: Manufacture, Import into the State of California, Keep for sale, Offer for sale, Give, Lend, and/or Possess In this article, our California criminal defense attorneys discuss: 1. What is a camouflaging firearm container? 2. Are they …
In some circumstances, professional dog walkers can be held liable for a dog bite that occurs on their watch. In many states, they can at least be held partially liable. State laws will determine if partially liable defendants can be responsible for paying all of the damages. If they work for a professional pet-sitting service, …
In California, the district attorney has 3 or more years to file a felony charge. The exact number will depend on the felony offense. Some serious felonies have a 6-year criminal statute of limitations. Severe sex offenses often have a 10-year window for charges to be filed. For the most severe felonies, California district attorneys …
Bad lighting can cause a car accident on a freeway in several ways. When it does, the state or municipality can be held liable. They are responsible for keeping the lighting on the freeways in working order. However, filing a personal injury claim against a governmental entity can be difficult. How can poor lighting cause …
In California, when a pedestrian is hit outside of a crosswalk, the person at fault for the accident will be liable for the damages. This is often – but not always – the pedestrian. The driver can still be held liable in certain circumstances. In some cases both the driver and the pedestrian are at …
The definition of the crime of “manufacturing a controlled substance” varies between states. But all states consider it to be a crime to make or produce illegal substances, not just to possess them. That said, there is disagreement among courts and in state laws about how much alteration of a substance is required for it …
You can generally still collect workers’ compensation benefits in California if you get fired. Discharging you does not absolve the employer from paying workers’ comp benefits for: lost wages, expenses related to medical treatment, temporary or permanent disability benefits, and/or vocational training. These benefits will continue until you reach maximum medical improvement and the doctor …
Less than 5 percent of workers’ compensation claims actually go to a full-on trial.1 The vast majority of the others are either uncontested, settled out of court, or settled through mediation or arbitration. Nevertheless, the best way to secure an adequate settlement is to pursue the case with the preparation and thoroughness that would be …
House arrest is different from jail in that you would be confined at home, rather than in a state prison or county jail. Both types of confinement can be used for pre-trial or pre-sentencing, or as a prison term. While house arrest is less confining, the rules are strict. Not everyone is eligible for house …
In California employment law, a separation agreement is a written contract between an employer and a worker who is about to be terminated. The agreement generally requires the worker to waive all legal claims that they may have against the company. In exchange, the worker receives severance pay. Many separation agreements in California also restrict …
Generally, it is not illegal for your employer to require you to work 7 days in a week. However, some states forbid this practice. Where it is allowed, you may be entitled to overtime pay. In some cases, you may be entitled to double-time pay. If your employer violates the law, you can file a …
To expunge a misdemeanor in California, you have to (1) determine that you are eligible for expungement, (2) timely file the appropriate paperwork, and (3) attend the expungement hearing personally, or through a lawyer. Any error in the process can lead to a denial. A denial can keep you from benefiting from sealing your criminal …
Senate Bill 384 (SB 384) changed the sex offender registration process in California. The legislation replaced mandatory lifetime registration for all sex offenses with 3 tiers, based on the offense. Juveniles are treated differently from adult offenders under SB 384. The law went into effect in 2021. People who leave California or who have out-of-state …
Senate Bill 384 (SB 384) changed the sex offender registration process in California. The legislation replaced mandatory lifetime registration for all sex offenses with 3 tiers, based on the offense. Juveniles are treated differently from adult offenders under SB 384. The law went into effect in 2021. People who leave California or who have out-of-state …
Taking back (“recanting”) your domestic violence statement will not automatically cause the criminal case to be dropped – especially if prosecutors have other evidence that abuse occurred. Plus, the police may then arrest you for giving false statements, obstructing justice, perjury, or even contempt if you fail to show up to trial. To reduce the …
Being factually innocent of a crime simply means that you did not commit the crime. The term is used in several contexts. Generally, it means that there are facts that show that you did not commit, or could not have committed, the crime you were accused of committing. Some states, such as California, allow defendants …
Every year thousands of innocent people are arrested for crimes they did not commit. Most such arrests do not result in a conviction. Up until now, these arrests have shown up on California criminal background checks — even though California law prohibits employers from asking about arrests that do not result in a conviction. In the past, getting an …
Unlike some other states, California does not have a “stop and identify” statute that makes it a crime to refuse to identify yourself. This means that you do not have to show police your identification unless you are being lawfully detained or arrested. That said, you do have to show police your driver’s license if asked …
