Alibi and mistaken identity are similar yet quite different defenses that a suspect can use in a criminal case. In short, an alibi defense argues that the defendant wasn’t even at the location where the crime happened. A mistaken identity defense challenges evidence that tends to prove that the defendant […]
“Beyond a reasonable doubt” is the highest level of proof in the American legal system. Beyond a reasonable doubt doesn’t mean certainty. Rather, it means that it would be difficult to create an alternative explanation for what happened without engaging in imagination or speculation. While the beyond a reasonable doubt […]
California has a unique definition of shoplifting. To be convicted of shoplifting in California, the accused person must enter an open business with the intent to steal merchandise worth $950 or less. Generally, California treats shoplifting as a misdemeanor, but it can be punished as a felony under certain circumstances. […]
A prior conviction for driving under the influence (“DUI”) in California can affect the sentence for a future DUI in many ways. If the old DUI conviction meets certain legal requirements, the judge can consider it during sentencing. As such, a person with two, three, four, or more DUI convictions […]
Police officers must follow very strict rules during searches and arrests. If they don’t, defense attorneys may question the reliability of this evidence. If the violation is serious enough, the court may throw the evidence out. This article discusses when evidence can be thrown out in California criminal cases. It […]