A homeowner association (HOA) may be liable for a dog bite that happens on property that it controls. The HOA is responsible for keeping common areas safe for residents and visitors. If the HOA is negligent in upholding that fiduciary duty, it can be held liable for a dog bite caused by its negligence. When …
In a criminal law case, the term “discovery” refers to the process of discovering and obtaining evidence the other side plans to present. Both the prosecutor and the criminal defense lawyer engage in discovery. Each side can make a criminal discovery request. If prosecutors find exculpatory evidence that is material to the case, they have …
A loved one of yours was recently arrested for a criminal offense, say a white-collar crime or DUI. You are now in desperate need to find a criminal defense attorney. Are there certain factors you should be considering? Yes. There are five key tips to consider when looking for a good criminal defense attorney. These …
A DUI can be a crime of moral turpitude (CIMT) if there were aggravating factors. It can also be a CIMT if drugs were involved. If it is a CIMT and the offender is not a U.S. citizen, that person’s immigration status can be affected, and could be deported. Crimes of moral turpitude also come with collateral consequences for …
There is no federal law that limits the number of days you can work in a row. However, some states require a day off every week. If you are a non-exempt worker, you may be entitled to overtime pay or double-time pay if you work more than a certain number of hours in a week. …
You were found guilty of drunk driving and now have to face penalties like a driver’s license suspension, probation, fines, and community service. Given all of this, will a DUI conviction also negatively impact your job search? It could. A DUI arrest and subsequent conviction could negatively impact your pursuit of employment. For example, the …
Every year, approximately 800,000 people need medical care for a dog bite. The 7 breeds that are thought to commit the most bites and attacks are: Pit bulls, Rottweilers, German Shepherds, American Bulldogs, Mastiffs, Siberian Huskies, and Presa Canarios. The number of attacks and fatalities for each breed varies by source. Many dog attacks are …
You were busted for asking an undercover police officer to have sex for money. You are now facing a criminal charge of solicitation. Is there any way to challenge it? Yes. There are four common and effective legal defenses to charges of solicitation of prostitution in California. These are to show that: you were entrapped …
In a truck accident lawsuit, you can collect compensation for all of your legal damages. Your legal damages are all of the ways that you have suffered from the accident. In rare cases, you may also recover punitive damages. What you can collect, though, can be reduced by your share of fault and limited by …
You deleted a text message string that involved a contract you entered into on a business deal. Your deletion took place during a civil lawsuit brought by the other party to the contract. Could your deletion result in criminal charges? Maybe. You could face destroying evidence charges if you: willfully destroy or conceal evidence, and …
A judge may have awarded you with probation after pleading guilty to a DUI charge. But now what? Your defense attorney said that you could get early termination of probation. Is this true? Yes, depending on the specific facts of your case. Most jurisdictions say that you can ask a judge for early termination of …
Maybe you were arrested for DUI. One of the arresting officers made a comment that you may get probation. Isn’t probation the same as parole? If not, how do they differ? Probation and parole refer to two separate concepts in the U.S. justice system. Probation is part of your sentencing that works to either reduce …
We often get asked whether a person can continue to work while receiving workers’ compensation benefits. It depends on the nature of the work. If you get hurt on the job and collect workers’ compensation, and then get another job that is similar to your old one, your employer may claim that you should have …
You may have been convicted of a misdemeanor DUI charge or a misdemeanor disturbing the peace offense. Now you are looking for work. How do you account for your criminal history? They are four key pointers when it comes to explaining a misdemeanor conviction on a job application. These are: do not lie, avoid going …
The Department of Transportation’s (DOT) hours of service rules is meant to keep the roads safe by preventing truck drivers from driving when they are excessively fatigued. The rules do this by limiting the number of consecutive hours that you can drive. They also do this by limiting the number of hours you can drive …
You generally only have First Amendment rights at work if your employer is the government. The First Amendment does not apply to private actors, such as private businesses. However, some state and federal employment laws protect some of your speech in the workplace. If you are a public employee, your speech can still be limited …
The police just arrested you for DUI and they made you unlock your phone so that they could look through it. Can they really make me unlock it? The answer largely depends on the state in which you live. Some jurisdictions say that law enforcement personnel can make you unlock your phone (usually by either …
You might have missed a meeting with your probation officer because of a simple scheduling error. The officer is now saying that you are in violation of your probation. Is this true? It can be, yes. Ten common ways that you can violate probation are when you: miss a court date or a meeting with …
Yes, you can get workers’ comp if you get hurt while working at home. This includes repetitive stress injuries and accidents. However, it can sometimes be more difficult to prove that you were on the job at the time of your injury. The typical rules for commuting and addressing your personal comfort are more complicated. …
Maybe you were placed on misdemeanor probation for a DUI offense. You later find out that you are an “absconder” because you had to move to a different county to secure a job. What exactly is absconding probation, and is it bad? Absconding probation basically means that the court overseeing your probation does not know …
You may have just got arrested for shoplifting and are nervous about the consequences. While you may be facing misdemeanor charges, a criminal conviction is not necessarily inevitable. There are five effective ways to fight a shoplifting case. These are: enter an informal diversion program, agree to a civil compromise, assert that you had no …
California’s new warehouse quota bill, AB 701, requires large warehouses like Amazon to tell workers what quotas they are expected to meet. They are also required to inform workers of the penalties for not meeting them. The law forbids quotas from impacting your rest and meal break rights. Covered employers who violate AB 701 can …
I was arrested for driving under the influence of alcohol (DUI). My arrest took place after I caused a drunk driving accident. Does the crash lead to more severe charges? Possibly, yes. Your DUI case will usually become more serious if you drove while intoxicated and caused a motor vehicle accident while doing so. “More …
If you are an employee and get hurt on the job, you have legal rights. Four in particular that you should know are: you are entitled to workers’ compensation benefits, you have a right to return to your job, your employer cannot retaliate against you for making a workers’ comp claim, and you have a right …
If you are a salesperson working from home, California’s outside sales exemption (OSE) applies to you if you spend more than half of your working time away from home making sales or obtaining orders.1 So if you work primarily in your home office in California, then you would not be exempt under the OSE. What …
