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 to Expect at a California Domestic Violence Arraignment in Vista
The first court appearance you will need to attend after a domestic violence arrest is known as an arraignment. This step of the court process is one of the most important, as it allows you to hear the charges that have been filed against you, deal with bail, schedule future court dates, and re-addresses 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 […]
When is Evidence Admissible Vs. Inadmissible?
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 […]
What’s the Point of Multiple Life Sentences?
People can only live once. So what’s the point of judges sentencing people to multiple life sentences? There are actually valid reasons for this strange-sounding criminal penalty, including the real meaning of “life” imprisonment and how the judicial system works. Here’s why courts in California give multiple life sentences and why it makes sense from […]
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 […]
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 […]
