Most jurisdictions generally do not recognize a crime of “attempted vehicular manslaughter.” The reason involves the idea of “intent.” You are usually guilty of the crime of attempt if you intend to commit a crime and perform some act towards the commission of that offense. But you are usually guilty of vehicular manslaughter no matter …
Evidence spoilage is when a person or entity destroys or significantly alters evidence that is relevant to a pending or future civil or criminal court case. Spoilage also occurs when a person or entity fails to preserve property so that it can be used as evidence. Spoilage is often referred to as “spoliation.” Your rights …
Many shoulder injuries settle for anywhere between $20,000 and $150,000. However, it is impossible to say what an “average” workers’ compensation settlement for a shoulder injury would be. There is no “average” shoulder injury. Even the most common shoulder injury you can suffer in the workplace – a torn rotator cuff – can be minor …
You can fight a claim of insubordination in the workplace by writing a rebuttal letter to be included with the insubordination claim in your employee file. This challenges your employer’s version of events. It can also present evidence that the insubordination claim is pretextual. Writing this letter can help in a subsequent lawsuit, often for …
LEGAL ANALYSIS — The Crime of "Solicitation of a Minor" 3 Ways to Fight ChargesWatch this video on YouTube Solicitation of a minor is a criminal offense whereby a person engages in a conversation with a minor, and during that conversation, solicits or asks the minor to meet up to partake in a sexual act. …
Labor Code § 4850 provides first responders and public safety officers with up to 1 year (52 weeks) of their full salary when they are injured on the job and placed on temporary disability. If the worker is still disabled after the year elapses, he or she can continue to receive normal workers’ compensation benefits. …
Most states say that you can still become a lawyer even if you were convicted of a felony. This is often true, however, only provided that you can pass your state’s moral character review process. You can generally pass this review if you can positively show that you have rehabilitated yourself since your conviction. Note …
3 Ways to Beat Hit-And-Run ChargesWatch this video on YouTube You hit a parked car and then fled the accident scene. A prosecutor now wants to file a misdemeanor hit-and-run charge against you. Is there any way to get out of it? Perhaps, yes. There are five common ways to try and get out of …
In California, certain employees who lose wages for more than a week because of a non-work-related injury can qualify for short-term disability (SDI). However, you must have contributed to the state SDI program to be eligible for benefits. You also have to get medical treatment and file a claim for SDI benefits. Receiving benefits from …
Each person’s body handles alcohol differently. This means the rate at which you become drunk from drinking wine will depend on a variety of different factors. Some of these factors include the amount of wine you consume, your gender, your body weight, and whether you drank wine on an empty stomach. Note that some of …
In California, employment practices liability insurance (EPLI) affects labor claims by providing you with a source of compensation and by representing your employer throughout the claim. EPLI covers many, but not all, of the employment disputes that lead to labor claims in California. The key takeaway is this: If you win certain types of labor …
In California, nepotism itself is generally permissible in the private sector workplace. But in the public sector, it is unlawful. Even in the private sector, nepotism can be the grounds for a variety of discrimination claims under state or federal law. When your employer favors friends and relatives over you, it can sometimes amount to …
Restitution is calculated by totaling the financial losses suffered by the victim of a crime. Different states use different systems. Restitution usually includes things such as property damage, medical expenses, lost income, and other costs. However, it often does not cover things like pain and suffering or legal expenses. The payment of restitution is usually …
In California, make-up time is additional time spent on the job to make up for a brief absence from work earlier in the work week. A request for make-up time must be made in writing. Make-up time does not count toward your overtime hours in most circumstances. Your employer cannot encourage you to work make-up …
A bench warrant (“BW”) is a warrant to arrest and detain you if you have either failed to appear in court or failed to obey a court order. You can clear a bench warrant by either: appearing in court before the judge, or possibly having your attorney appear in court on your behalf. Please note …
Penal Code 1203.42 is a California statute that allows a criminal conviction to be expunged if it is now punishable by a county jail sentence following Proposition 47 “Realignment” in 2011. “Expungement” of a California criminal record “erases” a conviction for most purposes. One of the most important benefits is that an expunged conviction does …
Pre-settlement loans are loans or cash advances to personal injury plaintiffs with principal and interest to be repaid out of the future settlements or verdicts in the case. The creditor generally takes a lien on the settlement or verdict proceeds, essentially using it as collateral, and often charges a high (sometimes even predatory) rate of …
There are five effective strategies that criminal defense attorneys use to try and get a drug possession charge dismissed. These are to show that: you did not “possess” a drug; you wish to enter a drug diversion program; you had a valid prescription for the drug; you did not know that the substance in possession …
Nerve injuries to the hand can lead to painful and sometimes debilitating effects. Four primary factors drive the value of lawsuit settlements for these injuries: (1) the severity of your injuries; (2) whether there is permanent nerve or hand damage; (3) your occupation; and, (4) whether your actions contributed to your injury. Note that you …
A Franklin hearing is a court proceeding that inmates can request if they were convicted and sentenced to lengthy prison sentences while they were still young. At the hearing, the inmate can present evidence that would mitigate their sentence that is related to their age at the time of the offense. This supplements the evidence …
People facing a preliminary hearing often have one burning question: Can the charges be dropped at the hearing? The short answer is yes, it is possible that either the judge or the prosecutor will drop the charges. The judge will dismiss the case if he or she finds, based on the evidence presented at the …
It is very difficult to provide an average settlement value for rear-end collisions. This is because settlement amounts for these types of auto accidents vary considerably. In general, settlement awards will vary depending on the relative level of fault of the parties to the accident, the specific types of injuries involved, the severity of your …
The top 5 legal grounds for the suppression of evidence are that the evidence was obtained in an unreasonable search done without a warrant, the police obtained evidence in violation of your right to a lawyer, you were not properly Mirandized, the police had a search warrant, but it was defective or deficient, and police …
Prima facie negligence is when a person or entity fails to use the care that a reasonably prudent and careful person or entity would use under similar circumstances.1 The term can also refer to the scenario where a party fails to take some act when there is a legal duty to act (for example, a …
In general, personal injury settlement and verdict proceeds are not subject to state or federal taxes. However, there are three possible exceptions: (1) awards punitive damages, (2) damages for emotional distress, and (3) damages for lost wages. Depending on the case, these three types of damages can be taxable. 1. What is the general rule on …
