As the internet has become a standard part of our lives, judges have tried to figure out how our existing laws and precedents apply in the digital age. The courts must balance law enforcement’s need to investigate crimes with the Constitution’s protections against unreasonable search and seizure. Similarly, they must balance the government’s interest in […]
Wiretapping and Unauthorized Call and Conversation Recording Laws in California
California is a two party consent state, meaning it is illegal to listen to other people’s conversations or record a conversation without the consent of all parties involved. California Penal Code section 631 (PC) prohibits wiretapping another person’s phone, while 632 (PC) prohibits eavesdropping and unauthorized recording —but there are exceptions to both of these laws. […]
Aiding and Abetting Vs. Being an Accessory After the Fact
If you encouraged or helped someone to commit a crime, you may be accused of aiding and abetting, sometimes called being a “criminal accomplice,” under California Penal Code section 31 (PC). On the other hand, helping someone avoid the police after they committed a crime means you may be charged with being an accessory after […]
Is Jury Nullification Legal in California?
Sometimes the law is unjust. The law itself may be morally reprehensible, the penalties may be too harsh for the crime, or an ordinarily reasonable law may seem unfair in a particular case. In these cases, jurors may sometimes resort to a practice known as jury nullification, meaning they base their verdict not on the […]
Will Overturning Roe Vs. Wade Affect Californians?
There are a lot of questions circulating now that the world knows Roe Vs. Wade will almost certainly be overturned when the Supreme Court releases their opinion in Dobbs v. Jackson Women’s Health Organization in June. One thing many people have wondered is how the ruling will impact the notably pro-choice state of California. While […]
What Does it Mean to Instruct Jurors in a Trial?
Jury instructions can dramatically impact a criminal case because they tell the jury how they should apply the law to determine whether the facts indicate that the defendant committed a given crime.
Can You Use a Nanny Cam Legally In California? It Depends
Nanny cams exist in a legal gray area in California state. They can be used, but only in specific areas and in specific ways -unless those being filmed consent to the filming.
Attempted Murder Charges Can be Difficult to Prosecute in Vista, California
Attempted murder charges are very serious, but you can defend yourself as long as there is not enough proof that you were actually attempting to kill the victim.
What’s the Difference Between Different Types of Attorneys?
Have a hard time differentiating between prosecutors, defense lawyers, public defenders and judges? Here’s what you should know before you head into court.
Can You be Charged for a Crime While Sleepwalking?
It seems like something out of a bad detective story, but as more and more people have begun taking prescription drugs with sleepwalking as a side effect, the number of crimes committed by sleepwalkers have dramatically increased over the last few decades and most commonly include offenses such as murder, sex crimes (a specific condition […]
