If you have been convicted of a felony or certain sex offenses, a California certificate of rehabilitation might be beneficial in helping you move past the conviction so you can get on with your life. Aside from making it easier for you to apply for jobs and professional licenses, getting a certificate of rehabilitation serves […]
How is Sentencing Determined by Judges in Vista, California Courts?
State and local law sets out specific punishments for each type of crime, but ultimately, the judge still does decide the final sentence given to a defendant. After a defendant is found guilty of a crime, they go through a sentencing hearing where they will learn the punishment they will serve for the crime they […]
Penal Code 166 (PC): Criminal Contempt of Court Laws in Vista, California
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 […]
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 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 […]
Why Judges or Attorneys Must Sometimes Recuse Themselves
But as the public may talk about recusal when it is discussed in major news stories, many don’t understand what the term means or its greater implications on the judicial system. Here’s why someone may recuse themselves from a case and what happens if someone who should have recused themselves didn’t. What Does Recuse Mean […]
Will a Case Get Dropped if a Victim Refuses to Testify?
Many cases, particularly those involving domestic violence and sexual assault, come down to the alleged victim’s word versus the word of the accuser. Because these charges depend on the accuser’s testimony, courts have to balance the risks of further traumatizing the victim with the rights of the defendant to face their accuser in court and […]
Can a Diary be Used as Evidence? Are Diaries Admissible in Court?
Diaries and journals can be written for many reasons, but one thing most of these writers have in common is the expectation that their private thoughts and observations will be kept confidential. Unfortunately, the US legal system doesn’t hold diaries as a protected source of speech that can’t be used against their writer later on. […]
Can Two People Be Convicted For the Same Crime?
When two people confess to the same crime, it’s an obvious sign that one is lying for one reason or another. But could two people be convicted for the same crime if only one person could have committed it? As it turns out, yes. Doesn’t that Mean Punishing an Innocent Person? We previously discussed how […]
