Posts Tagged ‘San Diego defense attorney’

What Makes Evidence Inadmissible in Court?

evidence

Not all evidence is good evidence. United States Federal Law stipulates what kind of evidence can be legally used in trial, and which evidence is considered inadmissible. Both prosecutors and defense attorneys are concerned with the admissibility of evidence, as the law applies to both sides of the table. Ultimately, the judge is the one…

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How Mitigating Circumstances Can Impact Your Sentence

attorney in court

You have been convicted of a criminal offense and now it is time for sentencing. Sentencing is where the judge determines the punishment for your crime. Under California law, there may be a range of punishments you could be subject to depending on the nature of the crime. However, judges do have some say in…

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Is It a Crime to Attempt a Crime?

warrant defense attorney oceanside

If you attempt to commit a crime, and are unsuccessful, can you still face punishment in the state of California? It might surprise you, but the answer is yes. You can still face criminal charges even if you attempt to commit a crime and fail.  The punishment for an attempt charge should not be dismissed.…

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Do You Have To Let the Cops Into Your Home?

police knocking on door

It’s 10:30 in the morning, and you hear an unexpected knock at your door. You peak through the window to see that it’s the San Diego police and they want to talk with you. Are you obligated by law to open the door to the police? Can you refuse to let them in? Will you…

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3 Tips for Choosing the Right San Diego Criminal Defense Attorney

hiring an attorney

If you have been charged with a criminal offense in San Diego, you have probably heard the advice: “hire a criminal defense attorney right away.” It’s true. It is in your best interest to work with an attorney even before you speak to law enforcement to ensure that your rights are protected. But how do…

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What Happens During a California Arraignment?

person behind bars

Getting arrested is a harrowing experience for most people, especially for those who do not have much experience with the California legal system. You may feel that you are being treated as if you are guilty, even before you step into the courtroom to see the judge. You may feel confused, panicked and fearful about…

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Are You a Victim of Entrapment in San Diego?

woman arrested

You may have heard about entrapment from Hollywood movies and crime novels, but how much do you really know about entrapment and when it can be used as a defense in a criminal case in San Diego? What is Entrapment?  In California, entrapment is when a law enforcement officer uses coercion, harassment, threats or other…

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When is Destroying Evidence a Crime?

tampering with vehicle evidence

If you have been accused of a crime and are going to trial, the quality of the evidence against you can mean the difference between your freedom and years of incarceration. Evidence plays a key role in criminal cases, so there are strict procedures in place for the proper handling of it. Evidence collection is…

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Will California Decriminalize Jaywalking?

jaywalking

Jaywalking is a crime in the state of California that could cost you $250. It is a crime that many people in California commit on a regular basis. There is a new law currently on Governor Newsom’s desk called the Freedom to Walk Act (Assembly Bill 1238). It would amend the current jaywalking laws in…

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What Does Intent Mean in a California Criminal Statute?

person behind bars

For some crimes, the physical act of committing the crime is not enough for a conviction. In some cases, the prosecutor must also demonstrate that the perpetrator was in a state of mind to intentionally cause a specific harm.  California categorizes crimes as general intent crimes and specific intent crimes. Specific intent crimes require that…

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