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 Evidence Admissible Vs. Inadmissible?
Criminal cases are based on evidence. Because the U.S. Constitution guarantees that defendants are innocent until proven guilty beyond a reasonable doubt, the evidence presented by the prosecution must be enough to outweigh that offered by the defense. Not everything can be used as evidence though, and many rules determine the admissibility of evidence in […]
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. […]
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 […]
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.
Will Using a Private Browser Online Keep You Out of Legal Trouble?
While most people are online every day, few understand the technology necessary to enable our phones and computers to access the internet. To be fair, you don’t normally need to know how a piece of technology works to reap its benefits. However, if you search with a private browser because you’re hoping to keep your […]
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 […]
Is a Broken Tail Light Illegal?
At one point or another, just about everyone has driven with a cracked tail light cover or a broken brake light. Generally, police won’t stop you for these infractions, but if they do, the infraction alone isn’t enough to justify a police search or a breathalyzer. Unfortunately, police still often use these types of minor […]
Surprising Things Police Can Do Without A Warrant
The Constitution may protect you from unreasonable search and seizure, but many people have no idea how complex search warrant laws are. For example, the police cannot search your cell phone without a warrant, but they can search your car without a warrant if they have “reasonable suspicion.” In fact, they can do many things […]
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 […]
