While plaintiffs’ lawyers generally want to settle a case quickly, there are 5 common reasons why a personal injury case can take a long time to settle: the medical treatment is still ongoing, working the case up further may increase the settlement, there are still factual or legal issues to resolve, the court is backlogged, …
Your child was recently arrested for juvenile drug possession. You now find yourself in the middle of the California juvenile justice system. What can happen? If your child was stopped or arrested for possession of drugs, the specific outcome of the matter will depend on the facts of the case. With that said, however, a …
In California, “possession with intent to distribute” is a much more serious crime than simple possession for personal use. But it can also be a more difficult crime to prosecute, because the state must prove (beyond a reasonable doubt) not just that you had the drugs but that you intended to sell or traffic them. …
California law does not require employers to provide you paid days off for holidays or to give you overtime/premium pay (“holiday pay”) for working on holidays. There are also no legal requirements that a business: close on a holiday, give you a day off for a holiday, or allow you to accrue time off (paid …
You can sue Las Vegas hotels for negligence when you slip-and-fall on their wet, slippery, or uneven floors. This could lead to a settlement where the hotel pays for all of your medical expenses, lost wages, and pain and suffering. Even if you were partially to blame for the fall incident – such as by running …
Boating is a popular activity in Nevada’s Lake Mead, Lake Tahoe, and the Colorado River. Though boating accidents – and boating-related crimes – are common. Here are three Nevada boating laws you should know. 1. You have a duty to render aid and exchange information Following a boating accident in Nevada where you are the …
The main difference in Nevada between parole and probation – which are both types of court-supervised release following a criminal conviction – has to do with timing. If you are granted parole, it is after you have already served several years of your sentence. In contrast, probation is typically granted at the beginning of your …
Legal Analysis: Falsely accused of rape in California?Watch this video on YouTube If you have been falsely accused of rape, you have legal defenses at your disposal. These include showing that the allegations have an ulterior motive, that there was no intercourse, or that the sex was consensual. There are also numerous things that you …
Workers’ compensation generally begins to pay the costs of your medical care immediately after your workplace injury. However, disability payments may only begin once your workers’ compensation claim has been approved. The timeframe for claims to be approved or denied depends on the state. It is usually around 21 days. When do workers’ compensation …
Five legal self-defense weapons in California are: pepper spray, stun guns or tasers, certain knives (such as a pocketknife or non-switchblade folding knife), personal alarms, and certain guns (such as handguns or shotguns). Some self-defense weapons that are illegal under California law include: weapons that are prohibited under California Penal Code 16590 PC, concealed dirks …
The five best ways to beat burglary charges are to show that you: are factually innocent, lacked criminal intent, had a claim of right over an object, acted with a property owner’s consent, and/or are the victim of police misconduct. The burglary laws of most states say that you commit this crime if you: knowingly …
In California, a Cruz Waiver is a promise by you to stay out of trouble while out of custody and to return to court for your sentencing hearing. If you break that promise, you waive your right to the terms of the plea bargain or indicated sentence and can face a harsher sentence. “Cruz Waiver” …
In California, cite and release is the practice of police issuing you a citation for suspected unlawful conduct, but not bringing you to jail for a formal booking. Instead, you are released on the condition that you make a signed promise show up to court, later on. The process is used mainly for low-level offenses, …
Colorado is a member of the interstate compact – formally called the Interstate Compact for Adult Offender Supervision – which regulates if and how you can have your probation or parole transferred between states. If you move to or from Colorado in violation of the interstate compact, you face being remanded to jail or prison. …
Wrongful termination lawsuits can take over a year to resolve. Every case is different, however. If the employer is eager to settle out of court, the case can end in a matter of weeks. If either side is intent on going to trial, a wrongful termination claim could linger on for several years. Currently, many …
In Nevada, alcohol vendors (“dram shops”) such as bars, restaurants, package stores, and casinos are not civilly liable for any injuries if a customer they serve alcohol to then gets into an intoxication-induced accident. It does not matter if the customer was under 21.1 Nevada laws are stricter for “social hosts,” who are ordinary people …
In California, attempted robbery is when you intend to use force or fear to take someone’s property from them, and you then perform an act in furtherance of the robbery. It is a violent felony that carries up to 3 years in prison. However, there are some strong legal defenses that I can raise to …
You were in a car accident in the City of Los Angeles and the insurance company is now requesting a copy of the traffic collision report (TCR). How do you get one? Further, what does it show? You can get a traffic collision report from the Los Angeles Police Department (LAPD) by either requesting one …
Police generally start investigating a California hit and run case by visiting the scene of the accident, interviewing the victim and gathering evidence. Law enforcement then goes to identify the driver who fled the scene, usually by: piecing together the evidence they gathered, viewing surveillance camera footage (if available), bringing the case into the news, …
What is a "Suspended Sentence"?Watch this video on YouTube A suspended sentence is where a judge sentences you to jail or prison time, but then delays imposing the sentence in order to let you serve time on probation. If you complete probation successfully, the judge typically dismisses the case without placing you in custody. If …
Some examples of misdemeanors include assault, shoplifting, and petty theft. These are all criminal offenses that are more severe than an infraction, but less severe than a felony. Misdemeanors carry up to 1 year in county jail and $1,000 in fines. What are some examples of misdemeanor crimes? Some common examples of misdemeanor crimes in …
Blackmail is a crime under federal law and every state law. Blackmail involves coercing or extorting someone to gain money, property, or services unless the victim meets specific demands. This offense is generally a felony that can carry over a year in prison and high fines. In many states, blackmail falls under the laws of …
Pedestrians do not always have the right of way, though they generally do. In some cases, pedestrians can be partially or totally liable for a pedestrian accident. When do pedestrians have right of way? Each state has its own pedestrian and crosswalk safety laws. In California, California Vehicle Code 29150 VC says that motor vehicles …
If you walk out of a California restaurant or bar without paying your bill – “dine and dash” as it is often called – you are committing a crime and could land in jail. California has a specific criminal statute that deals with “dine and dash” situations, though it does not refer to it as …
The police recently arrested you for assaulting someone in a bar. How can a prosecutor charge it? Are there really different levels of assault? Yes. Most jurisdictions recognize six common types of assault charges. These include: simple assault, aggravated assault, assault with a deadly weapon, sexual assault, vehicular assault, and felony assault. A prosecutor can …
