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 […]
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 […]
Applying for a Certificate of Rehabilitation in San Diego, California
If you have been convicted of a felony or certain sex offenses, a California certificate of rehabilitation might be beneficial in helping you move past the conviction so you can get on with your life. Aside from making it easier for you to apply for jobs and professional licenses, getting a certificate of rehabilitation serves […]
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 […]
Can You be Arrested for a Confession Made at AA?
The Alcoholics Anonymous (and similar Narcotics Anonymous —NA) recovery process requires you to be open and honest about your past and to admit wrongs you made while under the influence. But is a confession made at Alcoholics Anonymous legally protected like those made to priests? The answer is complicated. Here’s what a defense attorney believes […]
The 10-20-Life Law of California
California Penal Code 12022.53 (PC), also known as the “10-20-Life” statute or “Use a Gun and You’re Done” law, adds additional penalties when you use a gun during the commission of certain crimes. When the law was originally enacted in 1998, it was very strict, and the penalty enhancements were mandatory. It has since been […]
Is it Illegal to Snoop Through Someone’s Phone in California?
Sometimes people worry their partner may be cheating and decide to spy on their spouse or lover to find out the truth. In the past, that often meant checking their letters, listening to phone conversations on another phone connected to the home’s landline, or hiring a private investigator to watch the potential cheater, but nowadays, […]
What Happens if You Confess a Crime to a Therapist? Do They Have to Report It?
The US court system recognizes that some relationships deserve legal protection so the parties can be sufficiently open with one another. For example, Vista criminal defense attorney Peter M. Liss has previously written about the laws regarding: Attorney/client privilege, which ensures lawyers and clients can be open and honest with one another Spousal privilege, so […]
Everything You Should Know About Conjugal Visits in California
Conjugal visits are regularly referenced in movies and TV shows, but they almost seem unreal. After all, why should people serving time for crimes be allowed to have sex when they’re supposed to be punished? But that’s one of the big misconceptions about what the California Department of Corrections and Rehabilitation calls “Family Visits.” The official name isn’t […]
