In California, the term “Police Code 415” is sometimes used interchangeably with the statute Penal Code 415. Both of these terms refer to the crime of disturbing the peace. You could get charged with disturbing the peace of you: play excessively loud music, fight someone, or use offensive or threatening language. The number comes from …
Joyriding is a crime that takes place when you take, drive or use someone else’s motor vehicle without consent, but you don’t intend permanently to steal the vehicle. Joyriding is different from grand theft auto in terms of: the criminal intent necessary to commit the crime, the value of the vehicle involved, and the penalties …
Uber is facing four different types of lawsuits in California: personal injury claims for car accidents caused by its drivers, allegations that Uber drivers sexually assaulted passengers, lawsuits based on Uber’s alleged misclassification of drivers, claiming say that Uber owes them back wages and civil penalties, and class actions over Uber’s misclassification of drivers as …
A manslaughter sentence can carry over a decade in prison. Each state has its own criminal laws dealing with manslaughter. There are also several different levels of manslaughter offenses. The sentence will depend on the state and the specific level of offense. Here are five key things to know about manslaughter penalties: Manslaughter is a …
The main difference between first-party insurance and third-party insurance is who gets paid by the insurer. First-party insurance pays the policyholder for his or her covered losses. Third-party insurance, also called liability insurance, pays the victim who has been hurt by the policyholder’s negligence. Nearly all states require vehicle owners to carry at least some …
When lifeguard negligence contributes to an accident in Nevada, the victim’s family can sue the water park or hotel/casino where it occurred because pool owners are “vicariously liable” for its negligent lifeguards. In a recent case, Henderson’s Cowabunga Bay water park paid a $49 million settlement to the family of a boy who sustained catastrophic …
Yes, you can go to jail if you commit a hit-and-run on a parked car. These offenses are generally misdemeanors. They carry up to a year in jail. The charges would likely be more severe if someone got hurt. You will also generally have to compensate the owner, and could face higher costs for car …
Under Colorado Revised Statute 18-7-102, promotion of obscenity to a minor is a class 6 felony sex crime. A conviction requires registration as a sex offender as well as: 1 year to 18 months in state prison (plus 1 year of parole); and/or $1,000 to $100,000 in fines.1 However, it may be possible to get …
Not anymore. A new state law in California was passed in 2017 that forbids the DMV from suspending your driver’s license solely for unpaid traffic tickets. However, it can suspend your license for a criminal offense of willfully failing to appear in traffic court for those tickets. When can unpaid traffic tickets lead to a …
If you are a victim of a violent crime in Nevada, you may sue your assailant for the “torts” of assault and/or battery. You may still be able to recover damages even if your assailant is never criminally charged or convicted. Suing for assault in Nevada To win a Nevada assault claim against your assailant …
After a DMV hearing, it can take anywhere from a few days to over a month to receive the notice of hearing results in the mail. The timeframes can vary by state. The workload of the DMV hearing officer will also matter. Once you receive the results, you have the right to appeal. What are …
A DMV refusal hearing is an administrative hearing conducted by the Department of Motor Vehicles after you get arrested for DUI and refuse to submit to a chemical test. The purpose of the hearing is for you to try to prevent the DMV from suspending your driver’s license. If you do not request a hearing within 10 …
The chances of winning your DMV hearing depend on the facts of the case. If law enforcement has a weak case or clearly violated your rights, it is easier to win at the hearing. Regardless of the case, hiring a skilled DUI attorney increases the likelihood of getting a good outcome. What are the odds …
Contact the Nevada DMV for driver’s license reinstatement instructions for your particular case. Once you complete the requirements, you will need to appear in person at a DMV office to obtain your new Nevada driver’s license. Your Nevada driver’s license does not automatically renew after the revocation period. You have to apply for reinstatement.1 What …
While a doctor cannot revoke your driver’s license on their own, their report of a medical condition can set the revocation process in motion. Doctors are may be legally required to report certain medical conditions to their state’s Department of Motor Vehicles (DMV). This can trigger a DMV hearing that can lead to a license …
In the California criminal justice system, a “Humphrey hearing” is a court hearing held soon after you are arrested for a crime. A judge holds the hearing to ensure that you are not kept in custody following an arrest because you do not have the financial resources to post bail for release. You can be …
If you are injured in an ATV (all-terrain vehicle) accident in Nevada, you may be able to sue one or more of the following eight parties: The ATV driver that caused the accident (or the driver’s parents if the driver was underage); Any passengers of the ATV if their interference contributed to the accident, The …
After a violation of felony probation in California, there are 3 things that can happen. The judge can: reinstate probation under the original terms, modify the terms of probation to make them stricter, or revoke probation and send you to prison to serve the rest of your sentence. California judges at the probation violation hearing …
What Are Brady Violations? 7 ExamplesWatch this video on YouTube 7 common examples of a Brady violation in criminal trials are when a prosecutor fails to disclose to a criminal defendant (or a defense attorney): evidence of a record or report that might suggest the defendant did not commit a crime (such as a law …
Yes, robbery is generally prosecuted as a felony offense. However, most states classify two different degrees of robbery. The less-severe degree may be a misdemeanor in some rare cases. Defendants may also be able to avoid a felony conviction through a plea deal. This is often done by pleading guilty to the crime of theft. What …
You qualify for a free lawyer (“public defender“) in Las Vegas if: you are charged with a misdemeanor, gross misdemeanor and/or felony where the prosecutor is seeking jail time, and the court finds you “indigent.”1 How do I know I am indigent? Courts look at the totality of your circumstances to decide whether you are indigent …
In California, the penalty for a misdemeanor conviction can be up to 364 days in county jail and a fine of up to $1000.00. However, by default, misdemeanors are punishable by 6 months in county jail unless the specific statute says differently. These offenses can also result in fines and/or misdemeanor (or summary) probation (with …
Inmates who are eligible for work furlough in San Diego can request to spend the remainder of their prison sentence at a work furlough facility. Work furlough allows inmates to work, or to look for work, before their sentence has ended. However, inmates have to return to the facility as soon as their workday ends. …
Probable cause is the presence of sufficient evidence to convince reasonable individuals that a crime has been committed, or that signs of criminal activity exist in a specific location for which the police are attempting to obtain a search warrant. In California, the term probable cause is used in four primary situations. These are questions …
The main difference between a Bivens lawsuit and a claim under 42 U.S.C. 1983 is that a Bivens claim covers the federal government and its agents. Section 1983 claims, by contrast, cover local or state officials or agencies. Bivens lawsuits are also limited to constitutional violations, rather than violations of state or federal law, and …
