Eyewitness testimony can carry a lot of weight in a criminal trial. Most people assume that someone willing to report that they witnessed a crime likely did see what they say they did. That assumption is misguided, however. While eyewitnesses may fully believe they...
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Divorce
What constitutes constructive possession of drugs?
Drug possession charges are among the most basic controlled substances offenses. Prosecutors do not need to prove a defendant’s involvement in a conspiracy or an intent to further break the law. They only need to show that an individual possessed a drug that the law...
How long must people wait to seek an expungement?
Criminal records can affect people's careers, educational prospects and housing opportunities. They can even influence personal relationships and volunteer opportunities. People with prior criminal convictions on their records are often eager to pursue post-conviction...
Miranda rights are required prior to custodial interrogations
People in the United States have specific rights, some of which are established by the United States Constitution. One of these rights is the right to avoid incriminating themselves in a criminal matter, which is rooted in the Fifth Amendment. The Miranda rights are...
How the “fruit of the poisonous tree” could affect your case
If you are facing criminal charges, it is important to understand exactly how the law applies in your case. One legal doctrine you may want to be aware of is known as the “fruit of the poisonous tree.” This doctrine affects when evidence can be used in court. If the...
How to modify a child custody order in California
It’s natural to want to seek a custody arrangement that fits your current reality if the existing one does not. Perhaps your work schedule has changed since the current order took effect, your child’s needs have evolved or you’re concerned about your child’s safety...
Managing child custody during the school year
While the kids probably don’t want to hear it, it is close to the start of the school year. For co-parenting adults, this abrupt switch after a leisurely summer schedule can be a time they dread. If you find yourself in that number, below are some tips to assist with...
Is it possible to plead to a lesser offense when facing a DUI?
Driving under the influence (DUI) charges are among the most common and serious traffic crimes prosecuted in California. People accused of displaying impaired ability or being over the legal limit for blood alcohol concentration (BAC) are at risk of incarceration. The...
What to do if your teen is arrested for shoplifting
As many times as you have stressed to your teenager that stealing is wrong, you are astonished to get the call notifying you that they were arrested for shoplifting. Your emotions may cloud your better judgment at this point, too. Below is some information about...
What happens to the marital home in divorce?
One of the biggest assets that’s part of a divorce is the marital home, which is often one that has significant emotional attachments. Trying to balance those emotions with logic isn’t always easy, but you still have to figure out what will happen with the marital...