After someone is arrested there are several steps before they have a criminal record or go to jail.
1. The Arrest:
The police arrest someone based on probable cause that the person has committed a criminal offense.
2. Filing the Complaint:
The police provide reports and evidence to the prosecuting attorney (district attorney, city attorney, U.S. Attorney, etc.). The police do not file charges. The prosecuting attorney then decides whether or not charges should be filed . If they determine charges should be filed, then it is the prosecuting attorney who decides which charges will be filed. The prosecuting attorney files the "Complaint" with the court, which sets forth the allegations against a criminal defendant.
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California Employment Laws are generally employee friendly. A prime example of this is the 2007 case Murphy v. Kenneth Cole Productions, Inc. , where the California Supreme Court set forth the general principle that "statutes governing conditions of employment are to be construed broadly in favor of protecting employees" and applied that standard to missed meal and rest breaks .
Labor Code section 226.7 requires employers to pay an employee an additional hour of pay for a missed meal or rest break . This additional pay was determined by the Court to be "wages" or "premium pay" rather than a "penalty." The simple fact that the extra pay was not called a "penalty" was not enough to sway the Court in their analysis. Instead, what is important is whether the monetary recovery provided for in Labor Code section 226.7 is proportionate to the injury.
The Labor Code provides that if an employee receives an extra hour of pay for a missed or interrupted ten (10) minute break or thirty (30) minute meal period. Thus, the question is why is an employee entitled to a full hour of pay for the 10 or 30 minute missed break. In light of construing statutes in favor of employees, the California Supreme Court held that Labor Code section 226.7 is proportional to the injury because it compensates for both economic and non-economic damages . This is similar to the premium pay for overtime.
The classification of the extra hour of pay as "wages" or "premium pay" is significant because a claim for the payment of wages is subject to a three year statute of limitation. Following the Murphy case, a virtual flood of meal period cases have been filed in California.
Contact the Law Offices of Amanda Hill at (310) 860-7445 for information regarding your employment law matters.
Revocable Living Trusts are a popular tool in estate planning. One of the main reasons for this is the substantial tax savings that can be gained. You don’t have to be “rich” to benefit from a Revocable Living Trust. Property owners in California are great candidates for this type of estate planning tool.
The client establishing the trust is called a Trustor. The term “Living” means that the trust takes effect while the trustor is still alive. Living Trusts are also customarily Revocable, meaning they can be revised, changed, or even canceled during the lifetime of the Trustor. However, once the Trustor dies, the trust becomes irrevocable. This means that you retain full control of your assets during your lifetime and you are able to make changes to your estate plan as you experience changes in your life.
Living Trusts are commonly used to avoid the long and formal court procedure commonly referred to as “Probate.” In most circumstances, if you have a living trust, probating the Estate is not necessary.
Married couples are able to create a living trust to handle both their individual and joint estates. For married couples living trusts can also provide a benefit of reducing and/or minimizing estate “death” taxes.
The Law Offices of Amanda Hill are available to consult with you regarding whether or not this would be an appropriate testamentary instrument for you and to better explain this process.
To speak with an attorney to learn more about how estate planning can benefit you and your family contact us at (310) 860-7445. Please visit our Estate Planning main page at www.amandahill.com/estate-planning.html.
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Keep in mind that although this website and blog may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel regarding your situation. Since each client and their legal issues are unique, you should not rely on this website or blog as a source of legal advice.
To speak with an attorney about your legal concerns, please contact our office at (310) 860-7445 or visit out website at www.amandahill.com. We are located in Beverly Hills, California and serve clients throughout Southern California including Los Angeles County, Los Angeles County, Ventura County, Santa Barbara County, Orange County, Riverside County, San Bernardino County, and the Inland Empire. We are licensed to practice law in the State of California.
Criminal Law Process: What Happens After a Criminal Arrest? 
