Understanding Slander In California

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Most Americans know that the First Amendment grants the right to free speech. The problem that many of us encounter is we don’t fully grasp the differences between free speech and slander.

What Is Free Speech?

Many of us interpret the First Amendment to mean that we’re free to say whatever we want, to whomever we want, and whenever we want. That’s not the way free speech works. The purpose of free speech is to provide Americans with the ability to openly speak against the government without fear of legal ramifications.

What freedom of speech doesn’t do is allow you to say whatever you want about neighbors, family, and businesses you don’t like.

What Is Slander?

The legal definition of slander is, oral defamation, in which someone tells one or more persons an untruth about anothe...

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What Happens If You’re A Drunk Passenger In A Car Driven By A Drunk Driver?

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The law is clear. If your blood alcohol level is 0.08% or higher and you’re pulled over, you’ll be charged with a DUI. What isn’t clear is what happens if you’re the drunk passenger in a vehicle that’s being operated by a drunk driver.

The good news is that you can’t be charged with a DUI. That particular law only impacts people who are physically operating the vehicle at the time.

That doesn’t mean you’re completely off the hook. It’s entirely likely that the police officer will consider other things they can charge you. It’s not uncommon for drunken passengers to be charged with public drunkenness, underage drinking, resisting arrest, disturbing the peace, etc...

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California Takes Court Order Violations Seriously

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California judges don’t issue court orders because they think it’s fun. They do so because they want you to follow the order. Failing to do exactly what the court order does or simply pretending it doesn’t exist will bring about some serious legal consequences. Violating a court order in California could potentially ruin your life.

The Legalities Of A Violated Court Order In California

The issue of violating a California court order is addressed in the California Penal Code Section 166 PC.

If you’re charged with violating a California court order, you’ll face a separate set of criminal charges that deal exclusively with that particular court order. This is separate from any other criminal charges you may currently face.

The burden of proof is on the prosecutor...

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Elder Abuse In California

Elder Abuse In California

Society dictates that we take care of our elders. The idea is that they cared for us when we were too young to fend for ourselves, and now it’s our turn to return the favor. The problem is that some people don’t behave the way that society dictates and commit a crime that’s called elder abuse.

California’s elder abuse laws are designed to protect state residents that have passed their 65th birthday. Most victims are older and no longer able to completely care for themselves.

Elder abuse in California includes:

  • Emotional abuse
  • Financial abuse
  • Physical abuse
  • Neglect

Elder abuse in California is one of the state’s famous wobbler laws. This means that you could be charged with a misdemeanor or a felony...

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What Happens if I Ignore a Subpoena

What Happens if I Ignore a Subpoena

The great thing about the American legal system is that if you don’t want to talk to the police or testify at trial, you don’t have to. Sort of. This changes if you’re presented with a subpoena.

What Is A Subpoena?

Most of us are familiar with the word subpoena, but few of us know what one is or how it’s obtained.

There are two types of subpoenas: the subpoena ad testificandum and the subpoena duces tecum. The first is a summons that requires that you not only appear at a specific court hearing but that you also offer witness testimony. The second type of subpoena requires that you present specific documents/recordings/photos/etc. to the authorities so that they can use them as evidence in a case they’re building.

Both types of subpoenas are used in criminal and civil cases.

How S...

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Wobbler Laws In California

Wobbler Laws In California

It’s not uncommon to look up a crime, such as disturbing the peace, and see that it is one of California’s wobbler laws. If you’re confused by the use of the word wobbler, you’re not alone. Few people who aren’t directly involved with California’s judicial process understand exactly what wobbler laws are.

How California’s Wobbler Laws Work

Wobbler laws aren’t complicated. Seeing the word wobbler attached to an offense simply means that the prosecution has an option. They have the luxury of charging the defendant with either a felony or a misdemeanor.

In most cases, the amount of damage the defendant has done determines which way the charge wobbles...

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COVID-19 In California Workplace

It shouldn’t come as a surprise that one of the first things to change in California during 2021 is how workplaces report COVID-19 outbreaks.

Way back in the middle of September 2020, California’s governor signed off on a law, AB 685, that tweaks the way workplaces notify their employees and customers about COVID-19. The law officially went into effect on January 1, 2021.

The new law requires that employers must provide a written alert to everyone involved in the business, including sub-contractors, whenever the employer learns that there was a chance of COVID-19 exposure. The written notification has to be drafted and sent to all pertinent parties within one business day of the positive test results...

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What Are Statutes Of Limitations?

What Are Statutes Of Limitations?

Something that people may not realize, is that there is actually a time limit for when a person can be charged for a specific crime. This time limit is referred to as a statute of limitations. This is done as a way to help protect people from being accused of things they did years ago. The practice comes from ancient Greece where a statute of limitations of 5 years was placed on all crimes save for homicide, for which there was no time limit.

The practice is still used in modern law today to help prevent abuse from occurring. However, instead of a flat 5 year limitation across all crimes, specific types of crimes have different statutes of limitations.

Why Statutes Of Limitations Exist

Statute of limitations exist to protect people from prosecution for crimes that happened years ago...

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Vaping On The Rise In Schools

Vaping On The Rise In Schools

Here in the US, recent studies and surveys have found that smoking amongst teens is actually on the decline. Less and less teens are smoking cigarettes, and that’s great. Unfortunately, that is not the only trend that recent studies have found. According to the Centers for Disease Control and Prevention (CDC), over 2 million middle and high school students are vaping regularly.

In 2018, the CDC found that 4.9% percent of middle schoolers reported using e-cigs, and 20.8% of high schoolers reported using them as well. This adds up to a lot of students, which means e-cigs are a very big problem amongst minors, but why is that?

How E-Cigs Are Marketed

Many adults and researchers are noticing a shocking trend of how e-cigs are marketed...

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Phony Email Flight Confirmation You Didn’t Book

Phony Email Flight Confirmation You Didn’t Book

With summer here, many people are preparing for vacation trips. Some people will just drive across the state, others will be flying to new destinations. Vacations are, after all, a great way to take some time for oneself to rest and recuperate. After all, most jobs can be pretty stressful. Getting away for a little while can be very nice.

Unfortunately, not everyone can get away for a vacation. Whether its timing, or a money issue, there are all sorts of things that can keep a person at home during the summer. This means that some people will still be staying home this summer, and this means that people need to be wary of a new scam filling people inboxes.

Phony Ticket Confirmation

As stated before, summer is a travel heavy season...

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