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 […]
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 […]
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, […]
How Lawyer May be Able to Get a Confession Thrown Out of Court in Vista
We’ve previously talked about how police push suspects into confessing to criminal acts, but while it’s always better not to confess the first time, you can still fight the charges even if you have already admitted guilt. Here are a few ways a criminal defense lawyer may be able to have a confession tossed out […]
What is Hearsay in Vista Under California Evidence Code 1200 (EC)
Pretty much any show or movie with a courtroom trial scene features the TV Trope of a lawyer objecting to something because it’s hearsay. But what is hearsay, exactly, and why can’t it be used in courts in Vista? Lawyer Peter M. Liss explains California Evidence Code section 1200 (EC), including the exceptions that allow […]
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 Happens if you Miss Jury Duty?
Skipping jury duty is so common that it’s even a trope on television and movies. But while it may seem like no big deal, missing jury duty can actually result in your being charged with contempt of court. Though it is rare for those who ignore jury summons to face charges in California, many people […]
Matt Murdock as a Lawyer? The Many Legal Questions in Daredevil
It’s a rare day when comic book fans and other geeks can’t stop talking about a lawyer, but Matt Murdock isn’t just any defense attorney —he’s also the one-and-only vigilante of Hell’s Kitchen known as Daredevil. But if Matt Murdock loves his day job as a lawyer, will he need to give up his role […]
Better Understanding the “Plain Sight” Doctrine
All Americans are protected against unreasonable search and seizure thanks to the Fourth Amendment, but defining what qualifies as unreasonable is a complex process. That’s where the plain view doctrine comes in -it states that police can search your home or vehicle without a warrant if they see evidence of a crime in plain sight. […]
