Anyone familiar with the US Constitution knows that the Fifth Amendment protects citizens against self-incrimination. However, most people don’t know that the Supreme Court has ruled that your silence can be incriminating if you do not directly state that you are using this constitutional right. Failing to invoke your rights while staying quiet is considered […]
Civil Asset Forfeiture in California
When someone is accused of a crime, they will typically be arrested and charged in court. Strangely, if any physical property is believed to be tied in with the crime, it too may end up heading to the police station under the asset forfeiture laws of California. This strange process has its roots in English […]
Can You Be Forced to Testify Against Your Spouse?
Many people understand that spouses can’t be forced to testify against one another, but the ins and outs of marital privilege are a bit complex. Since we’ve previously discussed how privileged communications work between lawyers and clients, patients and therapists, doctors and patients, and priests and worshipers, it seems only appropriate to discuss the marital […]
What Interrogation Techniques do Police Use?
When you are accused of a crime, the police will often work on coaxing you to confess —even if you didn’t actually do it. To do this, police officers rely on several tried and true interview techniques, such as the well-known good cop/bad cop technique. While a skilled criminal defense attorney may be able to […]
Will Overturning Roe Vs. Wade Affect Californians?
There are a lot of questions circulating now that the world knows Roe Vs. Wade will almost certainly be overturned when the Supreme Court releases their opinion in Dobbs v. Jackson Women’s Health Organization in June. One thing many people have wondered is how the ruling will impact the notably pro-choice state of California. While […]
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.
Can You Use a Nanny Cam Legally In California? It Depends
Nanny cams exist in a legal gray area in California state. They can be used, but only in specific areas and in specific ways -unless those being filmed consent to the filming.
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. […]
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 […]
Putting an End to Police Pretext Stops in Vista and San Diego
Police can stop motorists for many reasons, including minor issues such as not using a turn signal, having a broken tail light, having window tinting on your windows, or similar issues. These stops for small infractions are considered “pretextual” stops because police usually use these issues as a pretext to hopefully find evidence of some […]
