If you’ve ever watched a TV show or movie that shows a courtroom scene, there’s a good chance that one of the characters has done something that would be considered contempt of court. Unfortunately, what makes for a fair, lawful courtroom environment rarely makes for interesting entertainment to the general public. To keep actual courtrooms […]
Prosecutorial Misconduct in Vista, California: Examples and Remedies
Most people are familiar with misconduct, including illegal search and seizure, use of excessive force, or forced confessions. But while law enforcement officials are critical in arresting and investigating alleged criminals, it’s the prosecutors who actually choose to file charges, present evidence, and strive to ensure the defendant’s conviction. Unfortunately, just like police, prosecutors sometimes act in a […]
What Pretrial Motions Are Criminal Attorneys Most Likely to Use in Vista?
After charges have been filed in a criminal case, after the preliminary hearing in a felony case, and before a trial, a prosecutor or defense lawyer can make court filings called “pretrial motions” to ask a judge to make a particular decision regarding a case before the trial begins. These motions can affect the trial […]
What is Capital Murder in California? Special Circumstances and the Death Penalty
Have you ever wondered why some people get the death penalty for murder while others do not? The answer comes down to the specific details that make a crime a “capital murder” versus a typical first-degree murder. That’s because while capital punishment is still entirely legal, it is only applicable in a handful of murder […]
Citizen Arrest Laws in Vista, California: CA Penal Code 837 (PC)
If you’ve ever asked yourself, “Is a citizen’s arrest a real thing?” after watching a TV show depicting one, you’ll be happy to know you’re not alone. In California, they are absolutely real and legal as long as they follow the rules set forth under the law. Citizen’s arrests are an important part of the […]
What Are Legal Precedents and How do They Work?
One of the most essential cornerstones of the American justice system is the concept of stare decisis, which is Latin for “let the decision stand.” In simple terms, this means courts should base their decisions partially on legal precedence set by previous judicial rulings. Unfortunately, many people still don’t understand what a legal precedent is, […]
Can Two People be on Trial at the Same Time in Vista, California?
Most people charged with a crime settle things in a plea bargain. When things aren’t settled this way, they go to trial. While most people go through their trials alone, some co-defendants facing charges from the same circumstances are tried together. While these joint trials save court resources and make it easier for witnesses, they also […]
What to do When You are Being Investigated & Signs it’s Happening
In television and movies, the suspect almost always knows the police are investigating them and acts accordingly. But in real life, things are rarely so obvious. You do not legally have to be informed of an investigation, and police often prefer not to notify someone that they are a suspect until they formally charge them […]
What Alternative Custody Options are Available in Vista?
In recent years, courts around the country have offered an increasing number of alternatives to incarceration, including home arrest and electronic surveillance options. For a long time, San Diego County courts hesitated to take advantage of alternative sentencing options in all the most unusual cases. However, judges and prosecutors are now more open to these […]
The Difference Between Jail Vs. Prison in California
Most people use the terms “jail” and “prison” interchangeably, but those familiar with the legal system understand that the two institutions operate quite differently. If you have been accused of a crime, criminal lawyer Peter M. Liss believes it’s a good idea to know the difference between jail and prison to better understand the potential […]
