Rizio and Nelson California Law Blog

When Do You Need A Worker’s Compensation Attorney?

In California, the laws regarding worker’s compensation have undergone dramatic changes over the past several years. While worker’s compensation remains an available service to many people, some may find they have a legal battle in their future in order to receive benefits. There are a number of reasons that a person may require an attorney who is specialized in worker’s compensation...

Firearm Microstamping vs. Electronic Reporting of Firearms

There are two gun control measures on California’s DOJ Bureau of Firearms website that are worthy of discussion: Electronic Reporting of Firearms, which goes into effect July 1, 2010 Firearm Microstamping, supposed to be in effect this year but is still in the proposal stages, according to the webpage Let’s look at the first regulation, the electronic reporting of firearms. Basically,...

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...

Drug Possession

In order to prosecute a person for possession of drugs for personal use, the prosecution must prove that the person had knowledge of the presence of the controlled substance, and knowledge that the substance was in fact a controlled substance. There are two types of possession: Actual possession means that a person knowingly has direct physical control over a controlled substance. Constructive possession...

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...

Burglary Laws

California Penal Code Section 459 reads, in pertinent part: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed...

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...

DUI – Other consequences

The courts or the registry may require that you not only lose your license but also face high fines, lose your car or even have a locking device on your ignition if you’re convicted of drunk driving. This is a frightening time for you if you’re convicted and you’ll be faced with a criminal record which could seriously impact your future possibilities for employment, housing and more. Don’t...