Anyone familiar with the US Constitution knows that the Fifth Amendment protects citizens against self-incrimination. However, most people don’t know that the Supreme Court has ruled that your silence can be incriminating if you do not directly state that you are using this constitutional right. Failing to invoke your rights while staying quiet is considered […]
Civil Asset Forfeiture in California
When someone is accused of a crime, they will typically be arrested and charged in court. Strangely, if any physical property is believed to be tied in with the crime, it too may end up heading to the police station under the asset forfeiture laws of California. This strange process has its roots in English […]
Why Attorneys are Unlikely to Use an Insanity Plea in California
In movies and TV shows, lawyers are constantly arguing that their clients are not guilty by reason of insanity to allow their obviously guilty clients to spend time in an institution before quickly being shuffled back into the public. In reality, though, the insanity defense is used in less than one percent of criminal trials […]
Criminal Record Expungement Lawyer in San Diego
A criminal conviction will remain on your record unless it is expunged under the law. However, thanks to a law that took effect in 2023, many people are eligible for the automatic expungement of their criminal records. This law even allows for many people who were sent to state prison after being convicted of a […]
CSI in Real Life Vs TV: 8 Common Myths
Crime shows like CSI, NCIS, Dexter, Law & Order, and Criminal Minds have allowed the public to explore the work of forensic science labs. The only problem? What makes for good television doesn’t reflect the realities of crime scene investigation units. Many investigation techniques seen on screen are exaggerated or outright fabricated. Unfortunately, many jurors […]
Can You Be Forced to Testify Against Your Spouse?
Many people understand that spouses can’t be forced to testify against one another, but the ins and outs of marital privilege are a bit complex. Since we’ve previously discussed how privileged communications work between lawyers and clients, patients and therapists, doctors and patients, and priests and worshipers, it seems only appropriate to discuss the marital […]
What Happens if a Conjoined Twin Commits a Crime?
English jurist William Blackstone famously stated, “It is better than ten guilty persons escape than that one innocent suffer.” That line of thinking is what makes it so fascinating to contemplate what penalties would be fair if one conjoined twin breaks the law. After all, punishing the guilty twin would invariably mean punishing the innocent […]
Understanding How Bail works in San Diego, California
There have recently been a lot of changes to California’s bail system. Bail reform bills are regularly introduced in the state senate. A zero-bail system was introduced in the spring of 2020 to reduce the jail population during the covid-19 pandemic, then discontinued in May 2022. And the state Supreme Court ruled that cash bail […]
Is an IP Address Enough to Convict Someone of a Crime?
As the internet has become a standard part of our lives, judges have tried to figure out how our existing laws and precedents apply in the digital age. The courts must balance law enforcement’s need to investigate crimes with the Constitution’s protections against unreasonable search and seizure. Similarly, they must balance the government’s interest in […]
Wiretapping and Unauthorized Call and Conversation Recording Laws in California
California is a two party consent state, meaning it is illegal to listen to other people’s conversations or record a conversation without the consent of all parties involved. California Penal Code section 631 (PC) prohibits wiretapping another person’s phone, while 632 (PC) prohibits eavesdropping and unauthorized recording —but there are exceptions to both of these laws. […]
