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 is Capital Murder in California? Special Circumstances and the Death Penalty
Have you ever wondered why some people get the death penalty for murder while others do not? The answer comes down to the specific details that make a crime a “capital murder” versus a typical first-degree murder. That’s because while capital punishment is still entirely legal, it is only applicable in a handful of murder […]
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 […]
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 […]
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 Alternative Custody Options are Available in Vista?
In recent years, courts around the country have offered an increasing number of alternatives to incarceration, including home arrest and electronic surveillance options. For a long time, San Diego County courts hesitated to take advantage of alternative sentencing options in all the most unusual cases. However, judges and prosecutors are now more open to these […]
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 […]
Can Someone Charged With Domestic Violence Become a Cop?
We’ve previously discussed how a domestic violence charge can prevent someone from joining the armed forces and likely end any military career. When many people find this out, they assume the same would be true for police officers, but in practice, the effects of a domestic violence conviction are somewhat different for those in law […]
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 […]
