Rizio and Nelson California Law Blog

Common California Employment Law Questions

Does California require employers to allow rest breaks?Yes.  California employees are guaranteed a ten minute rest period for each four hour period that they work.  This is covered by the Industrial Welfare Commission Wage Orders.  Whenever possible the break should be half way through a shift. If it’s not provided, you are entitled to an extra hour of pay for that day. What happens if my break...

California’s Early Prison Release

Effective Monday, January 25, 2010, the new law providing early release for non-violent criminals will allow approximately 6,500 inmates to be set free. Under the new law, which was signed into effect last fall, only those prisoners who have completed educational and vocational programs, and who have been selected as not likely to commit another crime, will be released. The Federal Court had ordered...

The Tragedy of Vehicular Manslaughter

It is a fact of this life that one never knows when one’s life will end. You could be driving down the street one day, and without warning, BAM! It’s all over. It’s a disturbing thought, yes, but it’s something that happens all too often in this country. The death of Los Angeles Angels pitcher Nick Adenhart in April of this year is a stark reminder to the public of the tragedy...

Defining Defense

Life is a series of choices that people make. Most of these choices are very simple ones and have little impact on other’s lives – what to have for breakfast, or what to wear that day, for instance. Most of the people that we interact with we choose, except for family of course, and maybe that coworker that’s really annoying. And for the most part, we’re quite content to go to...

Probable Cause vs. Burden of Proof

In a criminal trial, the two main hearings before a judge and/or jury are the preliminary hearing and the trial. In the preliminary hearing, the prosecution must convince the judge that there is enough evidence against the defendant in order to bring them to trial for the crime that they have been accused of. This type of hearing is much less strict in that it is not bound to the rules of evidence....

California’s Crime Rate is Down

In a society such as ours where freedom is valued above all else, it is inevitable that some people make bad choices and commit crimes. For this, we obviously have a judicial system in place to punish criminals. In California, we have a Three Strikes Law that is helping to put criminals in jail and keep them there. Despite the problem of overcrowded prisons in our state, fewer career criminals are...

Methamphetamine Statistics

Methamphetamines, also known as “meth” or “crystal meth”, are drugs that are quickly growing in popularity in the state of California. Among the biggest users of this drug are young women, ages 12 to 25. This should not be surprising, since the affects of meth use include increased energy levels, elevated mood, and appetite suppression. Our society has conditioned our young women to believe...

Marijuana In The News

When we think about marijuana’s negative connotations, we envision prison cells for drug use, selling marijuana, growing the drug, and maybe even selling or forging prescriptions for it. There rarely come visions of wildfire when we mention the phrase “marijuana problems,” but this can actually be a major concern in the state of California. Case in point: Just this year people have...