Criminal cases are based on evidence. Because the U.S. Constitution guarantees that defendants are innocent until proven guilty beyond a reasonable doubt, the evidence presented by the prosecution must be enough to outweigh that offered by the defense. Not everything can be used as evidence though, and many rules determine the admissibility of evidence in […]
Will Using a Private Browser Online Keep You Out of Legal Trouble?
While most people are online every day, few understand the technology necessary to enable our phones and computers to access the internet. To be fair, you don’t normally need to know how a piece of technology works to reap its benefits. However, if you search with a private browser because you’re hoping to keep your […]
What is Hearsay in Vista Under California Evidence Code 1200 (EC)
Pretty much any show or movie with a courtroom trial scene features the TV Trope of a lawyer objecting to something because it’s hearsay. But what is hearsay, exactly, and why can’t it be used in courts in Vista? Lawyer Peter M. Liss explains California Evidence Code section 1200 (EC), including the exceptions that allow […]
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 […]
California Polygraph Law on Lie Detector Test Admissibility
Everyone has heard of polygraphs (often called “lie detectors” by the public) being used by police or prosecutors, but are these tests even admissible in court in California? As it turns out, California law about evidence admissibility makes it very unlikely that a lie detector test’s results will be admitted in court. However, police still […]
All About California Dash Cam Laws
Under California law, dash cams are legal, but the state does place some restrictions on the devices. Whether or not you would benefit by installing such a device in your vehicle is a personal question that depends on how you drive and what situations you are likely to find yourself in. In some cases, the […]
Destroying or Concealing Evidence Under California Law
It is against the law to destroy or conceal evidence, but these actions often still seem promising for those worried they may face a criminal conviction. Unfortunately, damaging or hiding evidence could result in your being charged with California Penal Code section 135 (PC). Sometimes people even end up in jail for destroying or concealing […]
Debunking the 10 Most Commonly Believed Legal Myths
Many shows, books, and movies depict the legal system, but because writers need to be concerned with conciseness and ratings, they often fall back on common misconceptions. Unfortunately, when myths spread enough, the public starts to accept them as accurate, but no matter how much people believe these ideas, it doesn’t change how the criminal […]
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. […]
Little Known Forensic Specialties You Might Not Have Heard Of
These days, thanks to shows like CSI, Dexter, and NCIS, everyone is familiar with forensic science, but while the existence of blood splatter and DNA analysis is common knowledge, there are plenty of other fields of forensic study that most people are totally unaware of. These experts might not be called in to handle a […]
