Legal Guide

Legal Guide (Page 137)

What is Double Jeopardy?

Imagine being wrongfully accused of murder and found innocent by a jury of your peers, to only be retried and found guilty of the same offense. The double jeopardy clause protects each person from standing trial for the same crime twice. The Fifth Amendment to the United States Constitution states, “nor shall any person be subject for the same offense to be twice put in jeopardy of life or... ❯❯❯

What does contributory negligence mean in a California personal injury claim?

Contributory negligence is a system by which a person can be found to be partly at fault for the incident that caused the personal injury they suffered. If you are bringing a personal injury claim in California, you have probably already consulted a Los Angeles Personal Injury Attorney for assistance. Their advice and support will certainly be useful if the defendant claims that you are at least... ❯❯❯

What is a 995 motion to dismiss in California?

If you are charged with a felony, or with a felony and misdemeanour, in California, your defense attorney may make a 995 motion to dismiss, in certain circumstances. You should speak to a Los Angeles DUI Lawyer, or criminal attorney, to discuss your case. We are going to take a look at the 995 motion in more detail. This motion, the California Penal Code 995 motion to give it its full title, is... ❯❯❯

What happens if you are arrested in California – what are your rights?

Being arrested can be a daunting experience; especially if you have never had any problems with the law in the past. The important thing to remember is that you do have certain rights when you are arrested. It's important that these rights are adhered to by the legal professionals involved. You need to know about these rights in order to be aware of any issues. The aim of this article is to talk... ❯❯❯

Are there exceptions to the warrantless search rule in Los Angeles?

The constitution of the US provides protection against searches and seizure by law enforcement officers, that are not legitimate. Take a look at the fourth amendment to see what is said about this matter. The protection means that normally it's necessary for state or local police, or the FBI, to obtain a warrant to conduct a search. There are some exceptions to this. The exceptions vary slightly,... ❯❯❯

What is DNA used for in California criminal cases?

If you have ever watched a crime procedural show on the TV you have probably heard about the use of DNA evidence to help secure a conviction in a criminal case. The actual use of DNA in real criminal investigations and trials is a little different to what you may see on screen. For one thing, the results of DNA testing do not come through in a few hours; just in time to catch the bad guy, before... ❯❯❯

How does reasonable doubt affect a court case in California?

If someone is brought to trial in California, they deserve to be treated fairly. This is why both the presumption of innocence and the issue of reasonable doubt are referenced in the California penal code. They are there to ensure that a guilty verdict should only be given if the defendant can be found guilty beyond reasonable doubt. Until this has happened, the defendant is presumed innocent. ... ❯❯❯

How Does a Prosecutor Decide Whether or Not to File Charges?

Police only need probably cause to arrest a suspect in connection to a crime. This means that officers arrest individuals who have perpetrated a crime and individuals who are innocent of all charges. Once someone has been arrested it’s up to the county prosecutor to decide whether to file criminal charges. At this stage, it is prudent for the defendant to hire an attorney from the county... ❯❯❯

Things You May Not Know About Overtime Pay

Overtime pay seems to be a really simple subject. With most jobs we have overtime appearing when working over 40 hours per week. Laws are in place to offer more pay for such work hours. At least 150% should be given over the amount for the basic work time. There are so many people out there that are not paid for overtime although the law states otherwise. It is important to know as much as... ❯❯❯

The Two Types Of Criminal Attorneys

Just like any other law specialization, criminal law attorneys are not created equal. In most situations they are classified based on how many responsibilities are taken and what criminal law sections are covered. Law branches will basically define various different crimes. All of them will have objectives, bringing in 3 duties as a priority: Defining exactly what the crime is. Identifying the... ❯❯❯