If you are charged with a crime, you will be asked to plead guilty or not guilty. If you plead not guilty, you and your criminal defense attorney will need to present a defense to show the prosecutor does not have enough evidence to prove your guilt. To do this, you and your criminal lawyer […]
Surprising Things Police Can Do Without A Warrant
The Constitution may protect you from unreasonable search and seizure, but many people have no idea how complex search warrant laws are. For example, the police cannot search your cell phone without a warrant, but they can search your car without a warrant if they have “reasonable suspicion.” In fact, they can do many things […]
Vista Lawyer Peter M. Liss: A Trusted Source for News Reporters
Reporters reach out to Peter M. Liss on a variety of topics because they know he is a respected source with an excellent understanding of the California criminal justice system.
What Age Can You Get Married in California?
The age of consent in California is 18. Oddly, while you have to be 18 to get married without your parent’s permission, you can marry at any age as long as you have parental consent —and those who are legally married are excluded from the state’s statutory rape laws. Here’s what you should know about […]
What to do When You are Being Investigated & Signs it’s Happening
In television and movies, the suspect almost always knows the police are investigating them and acts accordingly. But in real life, things are rarely so obvious. You do not legally have to be informed of an investigation, and police often prefer not to notify someone that they are a suspect until they formally charge them […]
What is a Crime Involving Moral Turpitude (CIMT)?
Under both state and federal law, some offenses are considered “crimes of moral turpitude,” meaning they involve serious dishonesty, fraud, or something morally reprehensible. While the term may sound old-fashioned and outdated, it is still very relevant when it comes to the law, as it can result in additional post-conviction consequences. Unfortunately, what crimes fall […]
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 […]
Filing a False Police Report in California: 148.5 (PC)
We’ve all been annoyed, angered, or scared of someone before —sometimes all three at once. However, falsely accusing someone of a crime is illegal under California Penal Code section 148.5 (PC), meaning it is a poor choice for those hoping to seek revenge or prank others. This penal code also makes it a crime to […]
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. […]
Citizen Arrest Laws in Vista, California: CA Penal Code 837 (PC)
If you’ve ever asked yourself, “Is a citizen’s arrest a real thing?” after watching a TV show depicting one, you’ll be happy to know you’re not alone. In California, they are absolutely real and legal as long as they follow the rules set forth under the law. Citizen’s arrests are an important part of the […]