An old expression says that if a crime is punishable by a fine, it’s only illegal for the poor. That idea can be very problematic in cities like San Francisco, Los Angeles, and San Diego, where there is such a massive disparity between the incredibly rich and the incredibly poor. Under traditional penalty structures, the […]
What is The Difference Between Summary and Formal Probation?
Probation is one of the most common alternatives to incarceration and one of the most common sentences for both felonies and misdemeanors in California. But while people are usually familiar with the term, many don’t know what this sentence entails and how summary and formal probation differ. This overview offers a simple primer, but if […]
What is the Meaning of a Hung Jury?
We strive to explain the criminal process in a way that makes sense to the average person so our prospective clients know what to expect as they navigate the justice system. One aspect of the system that commonly confuses people is the concept of hung juries. While most people know that a jury must reach […]
Understanding California Statute of Limitations Laws
It makes sense that someone could be charged with murder 30 years after the victim dies, but it wouldn’t be fair for someone to be accused of shoplifting that many years later. The statute of limitations is a legal way to ensure that those who committed heinous acts can be held responsible for their actions […]
What Rights do Felons Lose in California?
Felons in California are subject to many penalties, even after they serve their time and pay off their criminal fines. The good news is that California does not restrict the constitutional rights of felons nearly as much as other states. Unfortunately, the state still does have many restrictions on what felons are not able to […]
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 […]
What to Do (and Not Do) During an Arrest in Vista
Protecting your rights starts from the first time you speak with a police officer, which is why it’s important to remain silent when you’re being placed under arrest.
If You Return Someone’s Property, Can You Avoid Criminal Charges?
As a child, everyone learns that borrowing without asking and borrowing without returning an item are both considered stealing the item from the owner. But from a legal perspective, things aren’t so clear cut. That’s because California’s theft laws require someone to intend to either permanently take an item or at least take it long […]
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 […]
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 […]
