Rizio and Nelson California Law Blog

Juvenile Court Processes

In an ideal world, parents and children form a strong family bond. Parents bring their children up with love and understanding while setting limits in order to keep their children’s behavior under control. Children are loving and obedient, study and work hard, and become responsible adults in their own right. However, this is not an ideal world, and sometimes people choose to do the wrong thing....

Whistleblower Protection

No one wants to be a ‘tattletale’. As children, we are taught that it’s not nice to tell stories or lies about other people, and if we do, we are teased relentlessly, ostracized, and made to feel miserable. It’s no surprise, then, that when we grow up we still feel the need for acceptance from our peers. We don’t want to jeopardize personal or professional relationships...

Spousal Support

When a couple is legally separated or divorced, it is expected that the person with the primary income must financially support their former spouse. This is also called alimony. Historically, alimony arose from the idea that even though the husband and wife were no longer physically married, that is, no longer living together, the husband still had an obligation to support his wife because divorce...

Concealed Weapons Laws

Usually, California law forbids a person from carrying loaded guns on his or her person or in a motor vehicle while in a public place. California Penal Code §12025 clarifies the California laws regarding firearms. A person is guilty of carrying a concealed weapon when he or she: a) Carries a concealed weapon within any motor vehicle under his or her control or direction; b) Carries a concealed weapon...

Manslaughter Laws

Manslaughter is characterized as killing a person exclusive of premeditation or malice aforethought. The term “malice aforethought” indicates having a wicked intent preceding the killing. Like murder, there are different degrees of seriousness of manslaughter: voluntary and involuntary. A) Voluntary manslaughter is described as a killing upon a sudden fight or in the heat of passion. Voluntary...

Grand Theft

Grand theft is theft of goods or services valued above $400. An individual accused of grand theft may be charged with either a felony or a misdemeanor. A felony grand theft is punishable by imprisonment in a state prison for a maximum sentence of 16 months to 3 years. As a misdemeanor, it is punishable for up to one year in the county jail. Grand theft can also be defined as theft of property taken...

Embezzlement Laws

Embezzlement is the taking of money and/or property in violation of a relationship of trust in order to put that money and/or property to one’s own use. In order to convict a person of embezzlement, there must be proof of a relationship of trust and/or confidence between the two persons, as well as proof of the intention to dispossess the other person of his or her property. For example, embezzlement...

Jury Instructions

The judge gives instructions to the jury after the closing arguments of the attorneys and before jury deliberations. These instructions include reading the law or laws that apply to a particular case. He or she asks them to consider carefully the facts of the case to determine if any laws have been broken. Jurors are reminded that the prosecuting attorneys carry the burden of proof, meaning that the...

Playground Dangers

We trust that when our children are playing with their friends at a local playground that they’re safe. Unfortunately this is not always the case. Defective equipment, equipment that is not properly taken care of and even equipment that is unusually hot may all be safety traps that unsuspecting parents are not aware of. While you’re encouraged to do all you can to protect your children...