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 […]
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 […]
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 […]
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 to do When You are Being Investigated & Signs it’s Happening
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 […]
If Drugs are Found in a House, Who is Responsible?
One of the most common things people say when police confront them with drugs found in a search is, “those aren’t mine.” While drug possession lawyers suggest never talking to the police without an attorney present, you can sometimes successfully fight drug charges on the grounds that they weren’t actually yours. This defense is a good option […]
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 […]
Thinking About Cooperating With the Police?
Being investigated for a crime is intimidating. Many people believe that the best way to clear their name is to cooperate with the police in every step of the investigation and answer any questions detectives may ask. Sometimes people worry they will look guilty if they invoke their right to silence, insist on contacting a […]
California Polygraph Law on Lie Detector Test Admissibility
Everyone has heard of polygraphs (often called “lie detectors” by the public) being used by police or prosecutors, but are these tests even admissible in court in California? As it turns out, California law about evidence admissibility makes it very unlikely that a lie detector test’s results will be admitted in court. However, police still […]
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 […]
