The American criminal justice system is based upon the ability of a defendant to present his case before an unbiased jury of his peers. But jury misconduct may occur if a juror fails to follow the law or a judge’s instructions. While these acts could negatively affect a defendant’s right to a fair trial, the […]
What Happens If You’re Caught With a Weapon in a California Prison?
Those sentenced to jail and prison are subject to many additional rules not applicable to those outside, particularly when it comes to what they are permitted to have in their possession. These rules can apply to things like cellphones or alcohol, but the most serious form of contraband in prison are weapons. If you or […]
Smartphone Apps for Probation and Parole Monitoring
It seems like there really is an app for everything these days. In fact, there are even apps for those on probation, parole and pretrial release. Some researchers are hoping these technologies can one day be used to help past offenders who have been released to recognize and prevent situations that caused them to commit […]
What Are Drug Free School Zones in Vista and California?
You may have seen signs around that say “drug-free zone,” but if drugs are already illegal, then why post a sign to say as much? Well, these signs aren’t just stating the obvious; in fact, they’re actually declaring that any drug crimes committed within the designated “zone” are subject to enhanced penalties. Here’s what you […]
How is Sentencing Determined by Judges in Vista, California Courts?
State and local law sets out specific punishments for each type of crime, but ultimately, the judge still does decide the final sentence given to a defendant. After a defendant is found guilty of a crime, they go through a sentencing hearing where they will learn the punishment they will serve for the crime they […]
Penal Code 166 (PC): Criminal Contempt of Court Laws in Vista, California
If you’ve ever watched a TV show or movie that shows a courtroom scene, there’s a good chance that one of the characters has done something that would be considered contempt of court. Unfortunately, what makes for a fair, lawful courtroom environment rarely makes for interesting entertainment to the general public. To keep actual courtrooms […]
California’s Willful Exposure of Disease Law: 120290 (HS)
No one wants to be sick, but sometimes people with infectious diseases put their own needs above the needs of others and willfully expose other people to their sickness —and sometimes people even purposefully transmit their disease. When the condition is something worse than the common cold, such as herpes, tuberculosis, or chickenpox, this willful […]
Prosecutorial Misconduct in Vista, California: Examples and Remedies
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 […]
Pay-to-Stay Jail Programs in California
No one wants to be locked up, but those sentenced to time in a California jail facility may make their stay more comfortable by opting to pay to stay in a private jail. These alternatives to traditional incarceration allow you more privacy and a little less risk than conventional public jails. They can even provide you a […]
