Individuals who are arrested for alleged crimes can be held in prison until their trial date, even though being arrested does not prove a crime was committed or that the person who was arrested is guilty of any wrongdoing. When this happens, the “innocent until proven guilty” idea does not…
San Diego Criminal Lawyers Blog
Can You be Convicted of a Crime in California if You are Innocent?
The criminal justice system is set up to make the truth known, and in doing so, prosecute those who have violated the law while keeping innocent individuals safe from harm. Even though the system works for most cases, it is not perfect. Sometimes an innocent person is convicted of a…
Is it Possible to Have Your Bail Reduced in San Diego?
It is possible to be released after an arrest in California without having to spend time waiting in jail until your official court date. Under the law, if you are booked by the authorities for a crime, you would have to sit in jail until your court date. Given that…
Why are Penalties for Spousal Rape Different From Penalties for Other Types of Rape?
Currently, California is one of only 11 states in the United States that treats spousal rape differently than other types of rape. This may not be the case for long, though, because there are two bills that are being considered by legislators in California that will make the way spousal…
What is the Difference Between Insanity and Incompetence to Stand Trial in California?
The Due Process Clause of the 14th Amendment protects people who are not competent from being unfairly prosecuted during a criminal trial. In some situations, it is beneficial for a defendant to be declared incompetent to stand trial because they lack the ability to understand their charges or they are…
Can You Beat Your California Credit Card Fraud Charges?
Maybe you used another person’s credit card because you believed that you had permission to do so. The problem is that when a credit card or debit card is used without permission, the purchases are considered a form of theft by the California court system. This is unlawful activity, and…
Can a Police Officer Legally Pat You Down After Detainment in California?
Detainment by the police is not an ideal situation; it can come with excessive distress and angst. The important thing for anyone who is pulled over by a California law enforcement officer is to know that cooperation is key to preserving your legal rights, civil liberties, and freedoms. Regardless of…
California Veteran’s Court Provides Life-Saving Programs to Our Nation’s Heroes
America’s veterans can run into problems with drugs and alcohol or struggle with mental afflictions which can cause them to make errors and misjudgments. When these individuals make bad choices that have criminal implications in the state of California, they will be put through the criminal justice system and have…
Porch Pirates in California May Face Harsher Penalties for Crimes
COVID-19 has changed all of our lives and the way we conduct daily activities. Limitations on store capacity, curfews, and fears of contracting the virus have led more people to do their shopping online. You can go down any street these days and see multiple homes with packages on their…
California District Attorneys Clash Over Criminal Justice Reforms
District Attorneys in Sacramento, Fresno, Kern, and San Diego counties have voiced their displeasure with Los Angeles District Attorney George Gascon’s actions on criminal justice reform. Directives that DA Gascon has put forth include getting rid of cash bail and banning sentencing enhancements and re-sentencing for individuals who are facing…