Different states use the terms “sexual assault” and “sexual abuse” in different ways. Both are typically crimes, though. Sexual abuse is often a sex offense committed on a child, while victims of sexual assault are typically adults. They can also both be the basis for a civil lawsuit against the perpetrator or anyone else responsible. …
In California, chargeback fraud is typically the crime of buying something with your credit card, demanding a refund from the seller without returning the item, and then disputing the charge with your credit card company. Also known as “double-dipping,” you would have the item and its cost in money. It can be prosecuted under a …
Getting criminal charges dropped before trial is one of the best outcomes you can achieve. There are numerous grounds for getting charges dropped, though persuading the prosecutor to drop the charge is rarely easy. If you are successful, you will not have to go to trial. However, dropped charges can be refiled later if new …
If you miss a mandatory court date, a bench warrant will likely be issued. This means you can detained and brought to court for a hearing on why you failed to appear. If you cannot justify your absence, then you can also be charged with failure to appear. However, if you have a good excuse …
If you miss your court date, the judge will likely issue a bench warrant for your arrest. Prosecutors may also file criminal charges for failure to appear (FTA). Your driver’s license may even get suspended. When police execute the bench warrant, you will be brought to court. This applies to missed court dates in both …
Negligence is the failure to act like a reasonable person in similar circumstances. Gross negligence is more extreme. You act with gross negligence if your conduct shows a reckless disregard for the safety of others. While the results of your grossly negligent behavior might not have been intentional, they are still more culpable than if …
Playlist: The California Crime of "Corporal Injury to a Spouse" (Domestic Violence)Watch this playlist on YouTube The term corporal injury to spouse refers to a criminal charge for willfully inflicting a physical injury upon one’s husband or wife. Most states apply the law not just to spouses, but also to intimate partners (which can include co-parents, …
California Labor Code § 221 says that employers may not take back any wages already paid to an employee. These deductions are illegal, and employers who violate this section face civil and criminal penalties. However, there are limited exceptions to Labor Code 221 that let employers deduct costs like health insurance. The language of the …
As a general rule, arrest warrants do not expire. Rather, they stay active indefinitely until the person named by the warrant is arrested or the warrant is “recalled and quashed.” That said, arrest warrants that do not get executed for years may result in your case being dismissed under the criminal statute of limitations or …
A conviction for drug possession can carry some prison time. Each state law is different, though the sentence is generally for less than a year. Major factors in how much prison time you could get include the type and quantity of the controlled substance, as well as your prior criminal record and what jurisdiction you …
In California, workers’ compensation benefits are generally not taxable. However, there is an exception. Your benefits may be taxed if you also receive benefits through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and your earnings are too high. If these are offset by your workers’ comp benefits, then your workers’ compensation would …
California’s discovery rule says that the statute of limitations for bringing a claim does not start until you discover (or should have discovered) the injury or loss. Without the rule, the statute of limitations for bringing a suit begins to run when the wrongful act giving rise to the suit took place. The statute of …
What are 3 things to know about truck accident cases? There are 3 things that you, your loved ones, and the general public should know about settling a truck accident lawsuit: a settlement can happen at any time – from the first days after the accident to the moment before a trial jury returns with …
Rear-end collisions – 3 times when the lead driver can be at faultWatch this video on YouTube California Vehicle Code section 21703 VC is the state law that commonly deals with rear-end collisions. This section prohibits drivers from following other vehicles too closely. Also known as tailgating, this practice is frequently the cause of rear-end …
You were injured in a car accident but helped cause it. Can you still file a lawsuit against the other driver? The answer depends on the laws of the state in which the accident occurred. If the collision took place in a contributory negligence state, you cannot sue if you shared in any blame for …
The difference between comparative negligence and contributory negligence turns on how responsible you can be for your injuries before you are barred from recovering compensation for them in a personal injury claim. Contributory negligence bars you from recovery if you were at fault at all. Comparative negligence rules generally reduce your recovery by the extent …
In some cases, you can go back to work after receiving a workers’ compensation settlement in a lump sum. This tends to only happen if you return to work in a lesser capacity. That settlement would cover the wages you stand to lose due to your disability. Stipulation and award settlements are more likely to …
In California, the only time there is a damage cap in a personal injury case is for non-economic damages in medical malpractice claims. Now that Assembly Bill 35 passed, starting in 2024, the non-economic damages cap will be $390,000 in non-death cases and $550,000 in wrongful death cases. Then the caps will increase incrementally through …
A diminished value claim, if successful, allows you to get compensation for the difference in the value of your vehicle before versus after an auto accident. Five key things to know about diminished value claims in California are: what they recover, a car’s value can diminish in 3 different ways, who was at fault for the …
If a pothole causes a car accident or a slip and fall injury, the premises owner can be held liable. With slip or trip and fall accidents, this is the party in charge of maintaining the roadway or parking lot. With motor vehicle accidents, this is generally the government. Lawsuits against the government often have …
In California, sexual harassment is not a criminal offense on its own. However, certain criminal acts like stalking or sexual assault can be a part of a course of sexually harassing conduct. You can face criminal charges for those acts. Non-criminal sexual harassment in the workplace can lead to civil lawsuits being filed against the …
Nearly all sex offenders can still get a passport. However, sex offenders who committed child sex crimes will have a unique identifier placed on their passports. This identifier states that the person is a sex offender. Sex offenders covered by this requirement will have their normal passports revoked and replaced with one with the identifier. …
If someone is pulling out of a parking spot, they must yield right of way to vehicles driving by and to pedestrians. If they cause a pedestrian accident or a car accident while backing out, they will almost always be responsible and liable. However, there can be exceptions, such as when the oncoming vehicle was …
A background check will usually reveal if someone has been convicted of a misdemeanor (for example, a DUI) or a felony (for example, rape). In terms of employment applications, while employers can receive information regarding a conviction, some states have ban the box laws that limit when and whether prior convictions can be considered in making hiring …
The most common types of crane accidents are when the crane makes contact with live power lines, when equipment or the load strikes a worker, when workers or operators fall from the crane, when the crane tips over, and when the boom or cable fails. The injuries sustained in these crane accidents are often fatal. …
