Many cases, particularly those involving domestic violence and sexual assault, come down to the alleged victim’s word versus the word of the accuser. Because these charges depend on the accuser’s testimony, courts have to balance the risks of further traumatizing the victim with the rights of the defendant to face their accuser in court and […]
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 […]
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. […]
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 […]
Little Known Forensic Specialties You Might Not Have Heard Of
These days, thanks to shows like CSI, Dexter, and NCIS, everyone is familiar with forensic science, but while the existence of blood splatter and DNA analysis is common knowledge, there are plenty of other fields of forensic study that most people are totally unaware of. These experts might not be called in to handle a […]
The 7 Types of Criminal Warrants in California
While most people have heard of search and arrest warrants, fewer are familiar with the other types used in the criminal justice system. Regardless of the variety, they are all used to help keep the justice system working as smoothly as possible, making it possible for police to do their jobs while ensuring witnesses and […]
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 Two People Be Convicted For the Same Crime?
When two people confess to the same crime, it’s an obvious sign that one is lying for one reason or another. But could two people be convicted for the same crime if only one person could have committed it? As it turns out, yes. Doesn’t that Mean Punishing an Innocent Person? We previously discussed how […]
Could the Us Use Income-Based Fines for Crimes?
An old expression says that if a crime is punishable by a fine, it’s only illegal for the poor. That idea can be very problematic in cities like San Francisco, Los Angeles, and San Diego, where there is such a massive disparity between the incredibly rich and the incredibly poor. Under traditional penalty structures, the […]
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 […]
