Blood tests used for driving under the influence (DUI) of marijuana cases can detect marijuana over 12 hours after ingestion. For frequent users, the drug can stay in your blood for up to a week. This evidence can be used against you in a drugged driving case even though you were not impaired by marijuana …
The 3 most common things to bargain for during plea negotiations for a felony offense are: reducing the charge, preferably to a misdemeanor, a shorter jail or prison sentence or, if possible, no jail time at all, and more lenient terms of probation. A skilled criminal defense lawyer can often help negotiate these things on …
In most states, there is no difference between the terms DUI and DWI. In these states, “driving under the influence” and “driving while intoxicated” mean the same thing. A few states use other phrases for the offense, like “operating under the influence.” The phrases can typically be used interchangeably. However, some states use different phrases …
If you have been written up at work unfairly, you can write a rebuttal letter to challenge your employer’s narrative. The letter can also include evidence that the allegation is pretextual, which can help in a subsequent lawsuit for retaliation or wrongful termination. If you are a public sector employee, you may also have a …
A wrongful termination happens when a worker is fired or laid off for an improper or unlawful reason. Five common examples of wrongful terminations are when the worker is discharged for: filing for workers’ compensation, blowing the whistle on wrongdoing, discriminatory reasons, taking legally-protected leave, and/or demanding unpaid wages. You have legal recourse if you were …
The law generally recognizes two primary types of sexual harassment claims: quid pro quo and hostile work environment. Quid pro quo harassment is when someone in a position of power uses his or her authority to make sexual demands in exchange for offering a workplace benefit. Hostile work environment harassment involves unwelcome sexual behavior that …
You should consider talking to a pregnancy discrimination attorney if you think you have been treated unfairly because of your pregnancy. This type of discrimination violates state and federal law. It can take many forms, such as being denied sick leave, losing career opportunities, or not being hired. You can file a demand letter or …
As criminal defense attorneys, we draw upon several legal strategies to help drivers win at a DMV administrative hearing. These include showing that police lacked probable cause to stop the motorist for a DUI, and that police failed to follow proper procedures in administering the blood or breath test. Counsel can also focus on the …
Many employers include stock options as a part of the compensation package when making a job offer. 6 things to know about them are: a stock option is the opportunity to buy company stock, not a gift, it may not vest immediately, the purchase price should be at a discount, whether there are future opportunities …
Employers may offer a separation or severance agreement upon your termination, often to get you to waive all of your potential legal claims against the company. Eleven typical terms in a severance package are: a release of claims, severance pay, non-compete clause, confidentiality clause, non-disclosure agreement, non-disparagement clause, non-solicitation agreement, health insurance, job training, unemployment …
An employment attorney is an attorney that an aggrieved worker hires to bring a legal action against his or her current or former employer. The purpose of the claim is typically to seek unpaid wages, back pay, statutory or punitive damages, and sometimes even reinstatement. Five common situations where an employment attorney can be helpful are …
Penal Code 632 PC – When is "eavesdropping" a crime?Watch this video on YouTube Under California law, eavesdropping is the crime where people listen in on a private conversation without the knowledge or consent of the parties, and use either a recording device to record the conversation or an amplifying device to help hear the …
A workers’ compensation appeal usually takes around two to four months to complete. Note, however, that every workers’ comp case is unique, and an appeal could take slightly less time or slightly more. Following a workers’ compensation trial, you typically initiate the appeals process by filing for reconsideration with your state’s workers’ compensation appeals board. …
At a California DMV hearing, the DMV bears the burden of proving its case “by a preponderance of the evidence.” A preponderance of the evidence means that it is more likely than not that you committed the violation. By contrast, prosecutors in court must prove that you violated a DUI law “beyond a reasonable doubt” to …
If it is approved, a workers’ compensation claim can take as little as a couple of weeks. However, if it is denied and you appeal that denial, the resolution process can last up to several years. Once the claim is accepted or denied, you will start receiving benefits. It can take longer for your claim …
The average workers’ compensation settlement for a herniated disc in California can range between $40,000 to $80,000. There are cases, though, where the settlement award can be much greater. Note that no two herniated disc cases are exactly alike. This means workers’ comp settlements for these injuries will vary depending on such factors as: the …
As a victim in an Uber accident, you can bring a claim to seek compensation for all of your legal damages. That compensation can be worth anywhere between a few thousand dollars to over $1,000,000, depending on the nature and severity of the injuries. You will rarely see your compensation reduced for your share of …
You can reduce a Medicare lien in a personal injury case by challenging the amounts in the Conditional Payment Letter or Final Demand. If Medicare’s conditional payments are higher than the settlement amount, you may also be able to negotiate a lien reduction. Medicare may also agree to a lower rate when mass tort cases …
You will likely face more severe DUI penalties if you drive drunk and contribute to a car accident (as opposed to if you drive while intoxicated and avoid a collision). DUI penalties will also likely grow more severe if you help cause a DUI accident and the accident results in someone getting injured or killed. …
Failure to appear in court on a misdemeanor charge can lead to an FTA warrant, bail problems, fines, and additional criminal charges. The severity of the offense tends to depend on the underlying criminal charge. The failure to appear has to be willful to be punishable, though. The court may excuse an absence if it …
Not all workers’ compensation cases end in a settlement. However, based on data from Illinois, about 90% of the cases do settle. Fewer than 5 percent of workers’ comp cases go to trial. A similar percentage gets dismissed or denied without an appeal. A few workers’ comp claims go uncontested by the employer. Claims that …
The law in most states is that, yes, it is a crime if you possess a defaced firearm. “Defacing a firearm” typically means that you or someone else either removed, altered, or destroyed the manufacturer’s serial number on the gun. Possessing a defaced firearm is usually charged as a misdemeanor offense. Note that the defacing …
Degenerative disc disease is a back condition where the discs in the spine deteriorate. 4 things to know about workers’ compensation settlements for these injuries are: it can be difficult to prove that your condition is work-related, sudden-onset injuries can reveal the disease, the condition is very debilitating, and settlement amounts can vary substantially. 1. …
Workers’ compensation covers the injuries and occupational diseases that are suffered by employees and that arise in the course and scope of employment. Which injuries are related to work, however, is not always easy to determine. Moreover, different state laws disagree as to where the workplace ends. If your injury is work-related, you are entitled …
A 180 lb. person is legally intoxicated after consuming three beers. Three beers would likely result in a person of this size having a blood alcohol concentration (BAC) of 0.08%, which is the legal limit for DUI purposes in most states. But keep in mind that every person’s body processes alcohol differently. This means that …
