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 what are called “pre-trial motions” to make a judge make a particular decision regarding a case before the trial actually begins. These motions can affect the trial […]
Will a Case Get Dropped if a Victim Refuses to Testify?
A common question defendants particularly those in domestic violence cases) ask is whether their case will be dropped if the victim refuses to testify. This is especially true in domestic violence and sexual assault cases where the entire case may come down to one person’s account of events versus the other’s. The answer to this […]
The Difference Between Assault and Battery In California
While assault and battery are two of the most common crimes in America, there is still a lot of confusion about what makes these two crimes unique from one another. In fact, while they are often charged together and many people use them interchangeably in conversation, the two crimes are, in fact, very distinct. When […]
An Encinitas Criminal Defense Attorney On the Insanity Defense
In television movies and crime shows, lawyers are constantly pleading that their clients are not guilty by reason of insanity. This allows their guilty clients to spend easy time in an institution before quickly being released back into the public. In reality though, almost Encinitas criminal defense attorney is hesitant to invoke the insanity defense […]
