In television and movies, the suspect almost always knows the police are investigating them and acts accordingly. But in real life, things are rarely so obvious. You do not legally have to be informed of an investigation, and police often prefer not to notify someone that they are a suspect until they formally charge them […]
When is a Crime an Infraction, Misdemeanor, or Felony?
California law defines three categories of crimes to distinguish which type of offenses are the most serious. While criminal charges may be filed as an infraction, a misdemeanor, or a felony, few people know which is worse. In terms of both the severity of the charges and the potential penalties, a felony is more serious […]
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. […]
Citizen Arrest Laws in Vista, California: CA Penal Code 837 (PC)
If you’ve ever asked yourself, “Is a citizen’s arrest a real thing?” after watching a TV show depicting one, you’ll be happy to know you’re not alone. In California, they are absolutely real and legal as long as they follow the rules set forth under the law. Citizen’s arrests are an important part of the […]
All About California Dash Cam Laws
Under California law, dash cams are legal, but the state does place some restrictions on the devices. Whether or not you would benefit by installing such a device in your vehicle is a personal question that depends on how you drive and what situations you are likely to find yourself in. In some cases, the […]
Can You be Arrested for a Confession Made at AA?
The Alcoholics Anonymous (and similar Narcotics Anonymous —NA) recovery process requires you to be open and honest about your past and to admit wrongs you made while under the influence. But is a confession made at Alcoholics Anonymous legally protected like those made to priests? The answer is complicated. Here’s what a defense attorney believes […]
What Happens if You Confess a Crime to a Therapist? Do They Have to Report It?
The US court system recognizes that some relationships deserve legal protection so the parties can be sufficiently open with one another. For example, Vista criminal defense attorney Peter M. Liss has previously written about the laws regarding: Attorney/client privilege, which ensures lawyers and clients can be open and honest with one another Spousal privilege, so […]
How to Help Protect Undocumented People You Care About from ICE
If you’ve been spurred to action to help protect their neighbors, friends, and family members who may be targeted by the ramped up ICE raids, do your research before taking action. While social media users have a lot of “advice” for how to protect people from ICE and Border Patrol raids, much of their suggestions […]
California Search and Seizure Laws
For you to be charged with a crime, police must find enough evidence to indicate your guilt. For the charges to result in a conviction, the evidence must be strong enough to prove your guilt beyond a reasonable doubt. While the California and US Constitutions protect citizens from illegal and unreasonable search and seizure, police […]
Here’s How to Legally Film California Police
Between all the recent cases where police have been accused of sexual abuse, racism, and brutality, it’s hardly surprising that more and more people in California are choosing to film their interactions with the police. Criminal attorney Peter M. Liss offers these tips for those who want to record their experiences with law enforcement officers […]
