You probably already know that the US Constitution guarantees your right to a speedy trial, but what does that actually mean? Are your rights violated if you aren’t given a trial within a week? A month? A year? Well, the answer is a little complicated as it depends on the charges and whether you are […]
Know What to do When You’re Arrested, In Order to Protect Your Rights
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.
Disturbing a Public Assembly, Meeting or Protest: Penal Code Section 403 (PC)
The First Amendment is one of the most important tenants of the US Constitution, which is why Americans have such strong protections when it comes to their right to protest. This also means that breaking up or otherwise disturbing a legal protest is illegal. If you don’t like what other people have to say in […]
San Diego Police Officers Who Have a History of Civil Rights Violations
San Diego police were recently caught exploiting a 102 year old rule against sedition to censor free speech, issuing tickets to people who were cursing in their presence. While the city council repealed the sedition law back in September, The Voice of San Diego has found more disturbing information about the police officers who issued […]
Can Your Cellphone’s Location Land You in Jail? With a Geofence Warrant, Yes
Everyone carries cellphones these days, which is why police have to get a warrant both to look through a suspect’s cellphone or to track a suspect with their phone’s GPS. But now police are obtaining geofence warrants to find all cellphones in a given area and then using that information to narrow down their list […]
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 […]
Can Two People be on Trial at the Same Time in 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 […]
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 […]
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 […]