Evidence integrity in the court system is critical, especially as the US justice system requires prosecutors to prove the defendant’s guilt beyond a reasonable doubt. Unreliable or missing evidence could result in great injustices. To protect evidence accuracy, California has passed many laws prohibiting its destruction, concealment, or alteration. If you have been accused of […]
Sometimes Ignorance of the Law May be an Excuse
You’ve no doubt heard the expression that “ignorance of the law is no excuse,” and while that’s true in most cases, it’s not the full story. For one thing, there are a handful of laws that are only crimes if the defendant knew they were breaking the law -for example, it is illegal to bring […]
Vista and San Diego Unlawful Assembly Defense Lawyer
Unlawful assembly is a little-understood charge that many peaceful protesters face at one point or another. If you are accused of unlawful assembly in Vista or the rest of San Diego County, your criminal defense attorney can help you fight the accusations and protect your First Amendment rights. What is Unlawful Assembly? In California, unlawful […]
Vista, California Rioting Laws: Penal Code 404 (PC)
Vista and the rest of San Diego County are pretty laid-back, which means riots are, fortunately, a rarity here. But on occasion, they do happen. If a riot breaks out around you, avoiding the fray is not just a good idea from a safety standpoint but also from a legal perspective because participating in a […]
What to Do (and Not Do) During an Arrest in Vista
Protecting your rights starts from the first time you speak with a police officer, which is why it’s important to remain silent when you’re being placed under arrest.
How Does Lawyer/Client Confidentiality Work?
You have probably heard of attorney/client confidentiality, but you probably don’t know what that entails unless you’re a lawyer. While communications between a lawyer and a client are considered privileged, there are exceptions where the attorney may willingly disclose this information without any repercussions. If an attorney breaks confidentiality outside of these circumstances, they risk […]
A Definition of Juror Misconduct Along With a Few Examples
The American criminal justice system is based upon the ability of a defendant to present his case before an unbiased jury of his peers. But jury misconduct may occur if a juror fails to follow the law or a judge’s instructions. While these acts could negatively affect a defendant’s right to a fair trial, the […]
The Entrapment Defense Under California Law
One of the most commonly cited legal myths is that if you ask someone if they are a police officer, they have to tell you, or it is entrapment. Not only is this untrue, but it also underscores how little the average person understands about this legal concept. Unfortunately, entrapment is a complex area of […]
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 […]
Patient and Physician Confidentiality in the Criminal Courts
There are many relationships given special confidentiality protections in the courts: lawyer/client, therapist/patient, spousal, priest/confessor and doctor/patient. Like all of these protected communications, there are many rules that cover how physician confidentiality works when it comes to the criminal courts, including the nature of the information and how it will be used. Not Everything You […]
