Assault and battery are often mentioned together, but they are actually separate crimes in California. Simple assault is a misdemeanor in the Golden State, but prosecutors can choose to file misdemeanor or felony charges in battery cases. Crimes that can be prosecuted...
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3 situations in which hearsay evidence is admissible in court
In the courts of San Jose, California, hearsay evidence is not generally admissible in most cases. This is because hearsay consists of statements made by an individual while not under oath, which gives the court plenty of reason to doubt the veracity of their claims....
Common types of fraud
Fraud is one of the most common types of white-collar crime in California. In the past, fraud was often conducted through mail or over the phone; in today's world, many people have started committing fraud online. Either way, the end goal is the same: to use deceit to...
What are Ponzi schemes?
All over the United States, the cases of Ponzi schemes are rising. California is among the most-affected states. Ponzi schemes are fraudulent investment programs where money from new investors is used to pay old investors. People who join Ponzi schemes usually do so...
Government misconduct and wrongful convictions
Wrongful convictions can occur anywhere, even in California. About 54% of the time, wrongful convictions are due to government misconduct that is very upsetting to these individuals and to their loved ones, as the government contains the individuals who claim to take...
What influence do prosecutors have over sentencing?
In the state of California, the statements that a prosecutor makes in court could have a massive impact on the judge's final decision. While the prosecution doesn't have the power to sentence the defendant, they could influence the sentencing for better or worse. As a...
When can police search without warrants?
The Fourth Amendment protects Americans from unlawful search and seizure, and searching vehicles without a warrant violates it. There could be some cases in San Jose, California, where the police do not need warrants to search. Some states give police officers more...
Miranda rights often are disregarded
A criminal prosecution in California requires evidence, which often includes interrogation of one or more suspects who wind up facing criminal charges. Those interrogations require the individuals being questioned to fully understand their rights via the Miranda...
Misconceptions about polygraph evidence in criminal prosecutions
Many people assume polygraphs, which are more commonly known as lie detectors, are a fairly recent invention, but the technology was actually developed in the 1920s by a California police officer. Polygraph machines identify stress by monitoring an individual’s heart...
The potential consequences of embezzlement
Embezzlement is a serious crime that could have short and long-term consequences for your California company. This may be true regardless of how much money was stolen, who stole it or what the money was ultimately used for. Let's take a look at what might happen if...