Many cases, particularly those involving domestic violence and sexual assault, come down to the alleged victim’s word versus the word of the accuser. Because these charges depend on the accuser’s testimony, courts have to balance the risks of further traumatizing the victim with the rights of the defendant to face their accuser in court and […]
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 […]
What is the Legal Definition of Reasonable Doubt?
You’ve almost certainly heard the phrase “guilty beyond a reasonable doubt,” but have you ever thought about the specific meaning of “reasonable doubt?” As an American, you should. That’s because this phrase is a cornerstone of our national justice system. Rather than some countries that consider you guilty until you are proven innocent, the American […]
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 […]
What Pretrial Motions Are Criminal Attorneys Most Likely to Use in Vista?
After charges have been filed in a criminal case, after the preliminary hearing in a felony case, and before a trial, a prosecutor or defense lawyer can make court filings called “pretrial motions” to ask a judge to make a particular decision regarding a case before the trial begins. These motions can affect the trial […]
How Lawyer May be Able to Get a Confession Thrown Out of Court in Vista
We’ve previously talked about how police push suspects into confessing to criminal acts, but while it’s always better not to confess the first time, you can still fight the charges even if you have already admitted guilt. Here are a few ways a criminal defense lawyer may be able to have a confession tossed out […]
How is Sentencing Determined by Judges in Vista, California Courts?
State and local law sets out specific punishments for each type of crime, but ultimately, the judge still does decide the final sentence given to a defendant. After a defendant is found guilty of a crime, they go through a sentencing hearing where they will learn the punishment they will serve for the crime they […]
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 […]
Larry David Has ‘No Lessons Learned’ Regarding Courtroom Proceedings
Mark Twain advised entertainers to ‘never let the truth get in the way of a good story.” Throughout the twelve seasons of HBO’s Curb Your Enthusiasm, Larry David heartily embraced those words, making a farce of his own life as he plays a fictional version of himself. Of course, he already test-drove this recipe for success […]
What is the Meaning of a Hung Jury?
We strive to explain the criminal process in a way that makes sense to the average person so our prospective clients know what to expect as they navigate the justice system. One aspect of the system that commonly confuses people is the concept of hung juries. While most people know that a jury must reach […]
