Most of the time, the prosecutor can’t bring a murder charge against a defendant unless there was an element of intent involved in the crime. California law calls this “malice aforethought.” However, like many areas of the law, there are exceptions, and a Watson...
Criminal Defense
Why social media and criminal cases don’t mix well
There is no doubt that social media offers a host of positive opportunities for communication, self-expression and information sharing. However, taking advantage of all that social media has to offer isn’t necessarily wise during every stage of life. For example, what...
Should you consider expungement?
There are many stereotypes surrounding people with criminal records. It can be easy to forget that some convictions involve very minor infractions, such as traffic offenses. In some cases, an individual might have made a silly mistake when they were a teenager. ...
What’s the role of the jury in criminal cases?
A person who’s facing the possibility of criminal charges may learn their case is going before the grand jury. There’s some misconception about what this means because it’s sometimes confused with the trial jury. Understanding the different roles between these two...
Do all immigrants have Fifth Amendment rights?
The Fifth Amendment to the U.S. Constitution gives citizens and permanent legal residents a number of important protections that guard them against government abuses. However, how do other immigrants fair? What about the undocumented or those in violation of the law...
How to invoke your right to silence
When you are arrested, the police will ask questions to obtain solid evidence against you. You can accidentally incriminate yourself when you answer their questions, hence the Fifth Amendment. With this, you can refuse to answer questions from the police during an...
When can cell phone data be used in a criminal case?
Cell phone data has become a valuable source of evidence in modern criminal investigations. The presence of smartphones and widespread usage have made it increasingly common for law enforcement agencies to use this technology to gather crucial information that can...
3 common myths about Miranda warnings
Because it is so often portrayed on film and on television, almost everybody in the United States is familiar with the famous lines that begin, “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” The full speech,...
Can you accidentally commit financial crimes?
Financial crimes can take many different forms. For example, there are simple crimes that people commit, such as robbing a store or stealing from a person directly. But there are also far more complex embezzlement schemes that involve things like altering paperwork to...
Do you understand your 5th Amendment rights?
The U.S. Constitution confers a number of protections to American citizens. One of these is protection from self-incrimination during any custodial interrogation or criminal trial. If you are a suspect in a criminal matter, it helps to understand your rights as...