Marital status is generally not a protected class under federal employment law. However, around half of the states in the U.S. have state laws that make it a protected class. Where it is a protected class, employers cannot discriminate against you based on your marital status. If they do, you have legal recourse under anti-discrimination …
Violating your felony probation in Nevada can trigger the judge to un-suspend your original prison sentence, which can be one or more years depending on your case. Though in my experience, it may be possible to persuade the judge not to revoke your probation at all so you can stay out of custody. How long …
If you share joint custody of a child in Nevada, you do not need anyone’s permission to make a short-distance move that does not substantially impair your co-parent’s ability to maintain a relationship with your child. Though if you do wish to make a long-distance move such as to another city, state, or country – …
In California, the term “financial responsibility law” refers to the requirement that you carry proof of your ability to cover damages you may inflict in the event of a traffic accident. This usually means proof of auto insurance. The law is largely found in Vehicle Code Sections 1600-16078 VC and is sometimes called “California’s Compulsory Financial Responsibility …
A constructive dismissal happens when you voluntarily quit because your employer created intolerable working conditions. Those conditions have to be bad enough that you have no reasonable alternative but to resign. Even though you quit, the discharge is treated as a termination. If your employer had no right to fire you, it can lead to a …
In California, you may be entitled to reporting time pay if you show up to work but get sent home before working half of your shift, or if you work a second shift of under 2 hours. Your employer may have to pay you for hours you did not work. However, there are some exceptions …
Involuntary manslaughter is a category D felony in Nevada, carrying one to four years in prison and up to $5,000 in fines.1 Though the sentence can be as much as doubled if you used a deadly weapon to commit the unlawful killing.2 What is involuntary manslaughter? Nevada’s legal definition of involuntary manslaughter is the unintentional …
Nevada’s mandatory reporter laws require certain professionals to contact police when they learn of: child abuse or neglect; elder abuse, which is abuse, neglect, exploitation, isolation, or abandonment of people 60 years old or older; vulnerable person abuse, which is abuse, neglect, exploitation, isolation, or abandonment of disabled people; patients with non-accidental bullet wounds or …
The difference between a driver’s license revocation and a license suspension is that a revocation is permanent, whereas a suspension is temporary. However, if your license has been revoked, you may still be able to get a new one. Whether it is revoked or just suspended, though, driving without a valid license is a criminal …
93 percent of workers’ comp claims lead to a payout right away, according to one study. Of the 7 percent of claims initially denied, two-thirds are overturned and paid out within the year. However, this does not necessarily mean that the victim is fully compensated. You only “win” your workers’ comp case if you recover …
The difference between negligence and malpractice lies in whose conduct caused your injuries. Normal people have a duty to behave like a reasonable person. Failing to do so is negligence. When working, certain professionals, like lawyers and doctors, have a duty to behave like reasonably careful professionals in their field. Failing to do so is …
In criminal law, an affirmative defense is a legal defense that you, as the defendant, have the burden of proving. It does not challenge the evidence that proves the elements of the offense. Instead, an affirmative defense asserts that the crime was excusable or justified. Examples include: entrapment, insanity, necessity, self-defense (in a couple of …
Whether you can get a DUI on a bike depends on the law of your state. Each state has its own law for driving under the influence (DUI). Some forbid operating a “motor vehicle” while under the influence of alcohol. Others forbid being under the influence and operating a “vehicle.” If you live in a …
A bench warrant is a court order instructing law enforcement to arrest you and bring you to court. A judge will issue a bench warrant for your arrest if you have failed to comply with another court order, or you failed to appear for a court hearing. Six key things to know about bench warrants …
In Nevada, the two-hour rule means you can be convicted of driving under the influence of alcohol if your blood alcohol concentration (BAC) reaches or exceeds 0.08% at any time in the two hours after you stop driving. If the police fail to administer an evidentiary breath test or blood test in that two-hour window, …
Nevada’s two-year statute of limitations to sue for personal injury generally tolls for victims under 18. Therefore, minor victims typically have until their 20th birthday to sue the at-fault parties (18 plus 2 years). There are exceptions. In medical malpractice cases, the statute of limitations to sue health care providers can be as short as …
There is no universally accepted breath test for suspected cases of driving under the influence of marijuana. Police often request that you submit to a blood test, instead, or to field sobriety tests (FSTs). However, the results from these other tests are unreliable for determining marijuana impairment. The testimony of the officer who initiated the …
In California, the crime of transporting a controlled substance is defined as knowingly moving a usable amount of a controlled substance for its eventual sale. Doing so is a felony punishable by up to 9 years in prison, and even longer if it is a large quantity. You do not have to move the drug …
Nevada demerit points remain on your driver’s license for 12 months before disappearing. Accruing 12 or more points in a 12-month period of time typically triggers a six-month license suspension by the Nevada DMV. Though you can usually get a restricted license after three months. Here are five things to know: All moving violations carry …
Under Penal Code 21510 PC, butterfly knives are considered a form of a switchblade and are illegal in California. Specifically, it is a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife. Convictions are misdemeanor offenses that carry up to 6 months in jail. Are butterfly knives illegal in California? In …
Winning a DMV administrative hearing following a Colorado DUI is actually more difficult than winning the criminal case. In DUI criminal cases, the stakes are serious – you could go to jail if convicted. Therefore, the prosecutor has the burden to prove guilt beyond a reasonable doubt – which is a very high bar. At …
The definition of the crime of “manufacturing a controlled substance” varies between states. But all states consider it to be a crime to make or produce illegal substances, not just to possess them. That said, there is disagreement among courts and in state laws about how much alteration of a substance is required for it …
Driving under restraint (DUR) in Colorado means driving while your license is revoked, suspended, or denied. If your license is restrained because of drunk or drugged driving, DUR is a class 2 misdemeanor traffic offense carrying at least 10 days in jail; otherwise, DUR is a class A traffic infraction carrying a maximum $100 fine.1 …
Colorado bail bondsmen hire fugitive recovery agents (“bounty hunters” or “bail enforcement agents”) to track down and apprehend customers who broke their promise of appearing in court on their criminal case. If the agent is successful in arresting and hauling the fugitive back into court, the bail bonds business will pay the agent a commission. …
In Colorado, the statute of limitations (or time limit) for prosecutors to file theft charges is three years for felony theft ($2,000 or more), 18 months for misdemeanor theft ($300 to less than $2,000), and six months for petty theft (less than $300). Also, the statute of limitations begins running only after the theft is …
