The gun laws of most states say that if you carry a concealed weapon without a permit, then a prosecutor can charge you with either: a misdemeanor, a felony, nothing if you are exempt under your state’s concealed carry laws, or nothing if you are a resident of a “Constitutional Carry” state. Most state laws …
In most states, employers are generally liable under the doctrine of negligent hiring when one of their employees causes harm to a third party (for example, a customer) and the employer knew or should have known of the employee’s risk to cause harm. Employers are also liable if an employee causes injury and the employer …
Some of the most common injuries from falling down stairs include sprains, strains, soft tissue injuries, broken bones and fractures, and head and neck injuries, including concussions and traumatic brain injuries. In some cases, the victim was not at fault for the stairway accident. He or she may be able to bring a stairway accident …
The plea bargain process is a negotiation between the prosecutor, on one side, and you and me as your criminal defense lawyer, on the other. The goal is to come to a mutually-agreeable resolution without taking the case to a trial the outcome of which is uncertain to both sides. Most criminal cases are resolved …
Victims in car accidents can often expect anywhere from a few thousand dollars to over $1,000,000 in a car accident settlement. The wide range is because there is no such thing as an “average” car crash. By the same token, there is no “average” settlement. The settlement should reflect the victim’s legal damages. Other factors …
Yes. An out-of-state felony arrest warrant typically authorizes law enforcement personnel to arrest you in your home state. Depending on the seriousness of the felony offense, the police may even work with officers in your home state to locate you and facilitate the arrest. Depending on the facts of the case, you could be extradited …
There are several ways you can try to get out of a misdemeanor charge in a criminal case. Four common strategies include: providing exculpatory evidence to the prosecutor, completing a pretrial diversion program, entering a plea bargain, and filing motions that undermine the prosecutor’s case. There are several important benefits to trying to get out …
To request a car accident report in Las Vegas, click on the Las Vegas Metropolitan Police Department’s citizen request page. You will need to input all the following information: Your first and last name Your date of birth Your email address Your mailing address Your telephone number The number/expiration date/issuing country of your driver’s license, …
3 common defenses to an allegation of failing to register as a sex offender are extenuating circumstances, a justifiable lack of awareness, and lost registration information. Showing that one of these defenses is present in your case can prevent a costly conviction. In many states, like California, failing to register as a sex offender can …
While federal law does not require a meal or rest break in a 5-hour shift, some state laws do. Many states, however, only guarantee a meal break for shifts longer than 5 hours. While rest break are paid, meal breaks are usually unpaid. If your employer does not provide a mandated break, you can file …
Every state in the U.S. treats the crime of kidnapping as a felony offense (as opposed to a misdemeanor). Many states have different degrees of felonies so the specific penalties for this offense will slightly vary among jurisdictions. However, most states say that the offense is punishable by minimum state prison sentences of up to five …
Generally, inappropriate workplace behavior that is either severe or pervasive qualifies as a hostile working environment. Workplace behavior is inappropriate if it amounts to harassment. Conduct can be harassment if it targets someone’s protected trait and is unwelcome. If the hostile working environment was created by your supervisor, you may be able to hold your …
So the court granted your appeal in a criminal case! Congratulations! So what happens now? After an appeal is granted, most often the appellate court will remand the case back to the trial court with instructions on how to fix the errors that the lower court made. If the errors tainted the verdict, the appellate …
When you violate probation in a misdemeanor case, the court has wide discretion as to what consequences to impose. The judge could let you off with just a warning. The judge could also rachet up your terms of probation, or even revoke probation altogether and send you to jail. As to the last two results, …
The penalties for a first-time hit and run offense will vary depending on the facts of your case and the laws of the state in which the crime was committed. But in general, you can expect the following: a misdemeanor charge punishable by probation, fines, restitution and some possible jail time if the crime involved …
Nevada Revised Statute chapters 616A – 616C outline how injured workers – such as construction workers – can pursue money damages and other benefits through their employers’ workers’ compensation insurance. Meanwhile, Nevada Revised Statute 41.141 provides how injury victims – such as pedestrians harmed by a construction accident – can recover money from the construction …
If you get convicted of DUI in Denver, the judge will order you to complete alcohol education classes as part of your sentence. Most defendants are court-ordered to complete a Level II Education program, consisting of 24 class hours over 12 weeks. But if you are suffering from alcoholism, you may also be ordered to …
You should settle a back injury case for an amount that will cover all of your legal damages. An appropriate amount will depend on how badly you were hurt. Some back injuries are relatively minor and may require less than $50,000. Others are permanently disabling and may require well over $1,000,000 to compensate you fully …
Nine common types of slip and fall accidents are those caused by: hazardous walking surfaces, weather, stray electrical cords, broken or damaged handrails, poor lighting, cluttered walking areas, bad footwear, poor workplace training, and nursing home neglect. In many of these cases, you can recover compensation under premises liability law. 1. Hazardous walking surfaces Hazardous …
Discrimination in the workplace can be proven with direct or circumstantial evidence. In class action lawsuits, it can also be proven with evidence that the discrimination is a common practice. Circumstantial evidence is the most common technique, though. Most states use a burden-shifting approach. The employer can rebut a prima facie case with a non-discriminatory …
Negligent or inadequate security can be grounds for a personal injury claim if the property owner could reasonably have anticipated the harm yet did not take reasonable care to prevent it. Negligent security claims are based on premises liability. They allow victims of criminal activity and other security lapses to sue the property owner for …
Most jurisdictions do not have a statute of limitations for the crime of murder. A statute of limitations sets forth the amount of time in which a prosecutor can file criminal charges. With no statute in place, prosecutors have no time restrictions as to when they can bring a murder case. Note though that some …
There is a subtle difference between the meaning of attorney and lawyer. You are a “lawyer” if you graduate from law school. You then become an “attorney” if you pass the bar exam and enter the State Bar Association for the state in which you practice law. If a lawyer does not go on to …
Once you turn yourself in for a bench warrant, you will go before a judge for a hearing which should result in the warrant being recalled and quashed. Your goal at the hearing is to show that your violation of the court’s order (leading to the bench warrant) was justifiable or excusable. Depending on the …
A letter asking for leniency is a letter to the judge in a criminal case, usually submitted around the time of sentencing, asking the judge to go easy on the defendant. Because judges often have wide discretion as to sentencing, these letters sometimes help to persuade them to impose a lighter rather than a harsher …
