One of the biggest problems with computer crimes is that it is incredibly difficult to prove who was actually comitting a crime behind the screen. Merely identifying the specific machine used in a computer crime is hard enough, but proving who was, or was not, using the computer when the crime actually occurred is even more challenging -especially if the computer is frequently used by more than one person. That’s why it is so important to only hire a Vista criminal lawyer who has knowledge and experience fighting these types of serious and complex charges.
Recently, Washington District Judge Robert Lasnik helped further secure the rights of those accused of computer crimes by determining that an IP address alone is not enough evidence to pursue legal action against a person. He explained that merely having the name of the person associated with a particular IP address says very little about the person who actually committed the crime using that IP address, noting that “While it is possible that the subscriber is the one who participated… it is also possible that a family member, guest, or freeloader engaged in the infringing conduct.”
While this particular case took place in Washington and specifically applied to copyright infringement, it can still be useful for criminal lawyers in Vista as it helps set a legal precedent that could apply to all types of crimes involving computers and in areas outside of Washington -especially since Lasnik is a federal judge and not just operating at a local level.
Cases like this provide yet another reason why it is so important to work with a top Vista criminal attorney. When someone keeps up on current news in the legal field, it can directly affect your case and, ultimately could mean the difference between your freedom and imprisonment.
If you have been accused of any type of crime related to computer usage, please call Vista criminal attorneyPeter M. Liss at (760) 643-4050 to schedule a free initial consultation.
There are a lot of romantic comedies out there to enjoy during Valentine’s Day, but only one promises romance, comedy and zombies. In celebration of the greatest romantic comedy featuring undead hordes, here’s a look at one of the most perplexing legal questions in Shaun of the Dead. No, it’s not whether or not it was OK for them to kill the zombies (that was already covered in this article on our other blog). The real question is could the gang legally be excused for breaking and entering into the Winchester while waiting for the whole thing to boil over? And, just as important, can you follow in Shaun’s footsteps if you find yourself, your best friend and your romantic interest in a similar, zombie-filled situation? San Diego criminal lawyer Peter M. Liss has all the answers you need.
First, it’s important to remember that England’s legal system is drastically different than our American system and even the individual laws of San Diego are quite different from those of Boston (otherwise our founding fathers would have fought in a fairly pointless revolution). That being said, our laws were based on the English system and over the years, the two countries have adopted the ideas and practices of each other’s legal systems quite a few times, so we do have distinct similarities as well. This means that even if the names of the specific charges vary, many of the legal defenses against such charges would still apply. So while this article may discuss the law as it would apply to someone who sought the advice of a criminal attorney in San Diego, the defense Peter Liss offers would still likely apply in London.
While smashing the window, breaking into the Winchester and drinking their booze while there would normally result in charges of property damage, breaking and entering, robbery, burglary and trespassing, the law does provide exceptions to almost all charges when someone’s life is in danger. The same legal concepts that permit police to enter a home without a warrant if they believe a person is in distress also allow a civilian to enter someone’s property in cases of emergency. An emergency could be seeing an axe-weilding serial killer in your neighbor’s home, which means you would legally be excused for breaking into the home and saving them. Similarly, if you are outside during a hurricane, you could be excused for breaking into a gas station in order to seek shelter.
The other crimes would also be excused given the situation though it might require the help of San Diego defense attorney like Mr. Liss. Breaking the window is an extreme method of entry, but in a time of emergency, when time is of the essence -like when zombies are threatening your life- this type of action is excusable although you would likely be required to pay for the property damage you did. Similarly, eating and drinking from your temporary emergency shelter would be forgivable if you were willing to reimburse the property owner for the amount you ate and drink.
Of course, that doesn’t mean you’d have free reign during an emergency. If Shaun and his friends vandalized the bar or tried to steal cash or valuables, the could still be charged with crimes. Given that the group was not acting maliciously and was just seeking shelter, they would be able to use the defense of necessity because they had no other alternative and committing a crime saved them from encountering a greater crime. In many cases, they would not be charged given the situation, but if they were, a lawyer, like San Diego criminal attorney Peter M. Liss, would probably be able to arrange for the charges to be dropped in exchange for the group paying for everything they used and damaged. On the other hand, the ending of the film brings up issues of zombie’s rights as tying people up (undead or not) for use as entertainment or cheap labor is both morally and legally questionable, but that issue is an entirely different matter altogether.
If you ever find yourself in an emergency, just remember, there are exceptions to common laws we all obey during non-emergency situations. Just be considerate and don’t do anything more than you need to do to survive. If you are charged with a crime despite the extenuating circumstances though, call San Diego criminal lawyer Peter M. Liss at (760) 643-4050 OR (858) 486-3024.
In San Diego County, when you are arrested, you may have the option of posting bail in order to get out of jail while you wait to attend trial. Since most people only know about the process from what they have seen on television and movies, Vista criminal lawyer Peter M. Liss is here to explain how he bail system works and why you may or may not choose to take advantage of the opportunity.
The purpose of bail is to help ensure you will return to court. When you are arrested and booked for a crime, you can generally post bail based on the San Diego County bail schedule as soon as you are put behind bars. The bail schedule determines how much your bail will be based on the crime you have been charged with.
While you should always speak to a Vista criminal attorney as soon as you have been charged with a crime, you may want to contact a relative or friend to help you secure bail. In many cases, that person will have to go through a bail bondsman who will post bail for you in exchange for a premium, which will legally be no higher than 10% of your total bail. For example, if your bail is $10,000, your bail bond may cost you a total of $1,000. If you post cash bail, the jail will usually require a bank check or money order posted during business hours, although for smaller amounts, they sometimes take personal checks. There is also a more complicated process where you can use real estate to secure bail. You need twice the amount of the bail in equity and have to obtain the court’s approval. No matter what method you use to secure bail, after it is posted, you should be released within the next few hours.
If you are not bailed out immediately, you will be arraigned within three business days of your arrest. During the arraignment, the judge may allow you to be released from jail, or may increase or reduce your bail, as you await your trial based on whether or not he or she believes you to be a flight risk or a threat to public safety. Having a Vista criminal attorney at your arraignment is not only critical to ensuring the charges against you are as minimal as possible, but also to help you get released on your own recognizance or on reduced bail.
Once you’ve posted bail, you must appear in court on the scheduled date or your bail will be forfeited to the court and a bench warrant for your arrest may be issued. If you used a bail bond, the company will seek full reimbursement from you or your cosigner. If you had a reasonable excuse for missing the court date and are able to appear within 180 days of the scheduled date, a Vista defense lawyer may be able to have the forfeiture vacated, which means the bail forfeiture will be reversed so you, or the bail bond company will still be eligible to retrieve the bail if you show up for your rescheduled court date.
After the trial is completed, the bail will be returned to the bond company if you used one. If you paid a cash bail, you will receive the full bail back if you are not convicted, but if you are, the money may be applied towards any restitution or fines you have been ordered to pay.
If you still have any questions about bail or aren’t sure if it is worth acquiring a bail bond in your circumstances, please call Vista defense lawyer Peter M. Liss at (760) 643-4050.
Under US law, a defendant is supposed to be innocent until proven guilty, but if you have been accused of child molestation, you’ll have an uphill battle as you attempt to protect your reputation while fighting the charges. Having a top Vista criminal lawyer to help you with the process is critical when you have been accused of such an emotionally charged crime.
Because child molestation is such a highly publicized and vilified crime, those accused of the act are often judged long before they enter the courtroom. This means your friends, family, co-workers and neighbors may all develop a drastically different opinion of you if they learn you have been accused of the crime, which is why a good Vista sex crimes attorney will help you work to keep the charges as private as possible. Even worse, the jury may start to judge you as soon as the charges against you are read. Because an impartial jury is critical to a fair trial, it is up to your Vista defense lawyer to remind the jury that they must be unbiased. If anyone involved with the accusations could benefit from your conviction, making that connection evident to the jury is up to your defense attorney.
Vista courts label anyone convicted of child molestation to be identified as a sex offender for the rest of their lives -even if you negotiate a plea bargain that minimizes the penalties you will face. This means your name, address and the crimes you were convicted for will be available in a public database for anyone to see. You will also have to check in with the local government every time you move or get a new job. You may also be barred from living in certain areas and working in certain jobs. With these consequences on the line, it is easy to see how important it is to find the right Vista defense lawyer.
As soon as you are aware of an accusation of child molestation, you should call immediately call a Vista criminal defense lawyer. Even a call from the alleged victim might be arranged by law enforcement and recorded, so you should not delay in contacting an attorney. If you have been accused of this serious crime or believe you may be accused of child molestation, please call (760) 643-4050 to schedule a consultation with Vista sex crimes defense attorney Peter M. Liss.
We have previously discussed the legality of DUI checkpoints in Vista, including your rights at these traffic stops and how to fight them with the help of a top Vista DUI attorney. But now police in Los Angeles have started performing both breathalyzer and cheek swab tests at DUI checkpoints so they can not only test for alcohol intoxication, but also intoxication through the use of drugs. While such measures haven’t been implimented in San Diego county yet, it is entirely possible that they will be in the future, so it is important to learn how this could affect you.
First, like most DUI traffic stops, police can only test drivers using a pre-selected randomized pattern, not because they think a specific driver looks suspicious. They also must allow people the right to turn around and avoid the checkpoint. If the police violate either of these rules, your Vista drug lawyer can show that the checkpoint procedures were violated and that the charges against you cannot hold up, regardless of whether your are charged with driving under the influence of alcohol or drugs.
The cheek swab test is also voluntary, but if you refuse the test and police have grounds to suspect you are under the influence of drugs, they can arrest you. This is also important because if the police lead you to believe that the test is mandatory or if they arrest you merely for refusing the test, but without any other reason to suspect you have been driving under the influence, a drug lawyer in Vista may be able to have the charges against you dropped.
If the police do properly follow their procedures, randomly test you and you fail the cheek swab though, you can still fight the charges with the help of a Vista drug attorney. The number one defense against these types of charges is the fact that cheek swabs, like all drug tests, cannot evaluate how much of a substance you used, how long ago you used it and if you are still feeling its effects. This is critical in a DUI case involving drugs because you must be under the influence of the substance while driving in order to be guilty of the crime.
If you are arrested for driving under the influence of either alcohol or drugs, a DUI attorney in Vista can help you fight the charges no matter what your specific circumstances. If you have any questions, please call Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.
While a relatively new drug, Oxycontin, also referred to as Oxycodone and Oxy, is one of the most commonly abused drugs in the US. Though it is legally administered as a prescription drug, it is commonly used as a street drug, bought and sold solely for the purpose of getting high. If you have been arrested for any crime related to the possession or use of Oxycodone, please call Vista drug crime attorney Peter M. Liss.
Like all drug crimes, there are multiple charges that you can face if you are caught with Oxycodone. Driving under the influence of the drug (even if you do have a legal prescription) can result in a DUI arrest, which means you will need a Vista DUI lawyer with experience fighting drug-related DUI charges.
Selling Oxycontin is just like selling an illegal street drug and can result in charges -even when the person selling the drugs is a doctor, nurse or pharmacist working outside their medical capacity. While the police and prosecutors often won’t arrest a person or press charges if he or she was simply caught using the drug, the method it was obtained could change that fact. For example, if police discover a prescription drug pad, they will have reason to believe it was used to create fraudulent prescriptions, resulting in a prescription fraud charge.
Alternatively, if the drugs seem to be part of a stash recently reported to have been stolen from a pharmacy, they may arrest the person in possession of the pills for burglary. Each of these crimes requires a different defense approach, which is why you need to fight the charges with the help of a drug crime attorney in Vista with years of experience. In cases like these, charges can often be reduced, or a drug diversion program can be completed in order to clear a person’s record.
Because more and more people are overdosing on these strong prescription medications, police and prosecutors are trying to make an example out of those that abuse Oxycontin and those who obtain it and sell it illegally. If you have been charged for any crime related to Oxycodone, please call Vista drug lawyer Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.
If you are arrested for fraud, you will probably be charged with more than one type of fraud based on how the prosecution claims you carried out your crimes. For example, if you ace accused of operating a Ponzi scheme, you could be charged with securities fraud, wire fraud, mail fraud, money laundering and more. If you have been charged with any form of fraud, please call Vista federal lawyer Peter M. Liss as soon as possible. In the meanwhile, here is a list with definitions of some of the most common forms of fraud charged in federal courts.
Securities Fraud: Inducing someone to make purchase or sale decisions regarding stock or commodities based on false information is securities fraud. There are many forms of securities laws to protect against such fraud and because this area of law is quite complex, you will need an experienced Vista federal attorney to help you defend your innocence.
Wire Fraud: Any form of fraud that involves wire, radio or television communications, including telephone and internet communications, can be charged as wire fraud.
Mail Fraud: If you used the mail system in the process of committing fraud, you can be accused of mail fraud.
Money Laundering: Any method of concealing the true source of income, goods other benefits obtained through crime is considered money laundering. Most major fraud cases also involve charges of money laundering.
Conspiracy: If prosecutors believe you have worked with at least one other person while committing these crimes, they may also charge you with conspiracy. Each type of fraud charge can result in an additional conspiracy charge, doubling the number of charges you face.
These charges can be stacked on top of one another and usually persons accused of fraud will be brought up on multiple charges. Most forms of fraud charged at a federal level can carry a twenty year long prison sentence, which is why it is critical you work with a top federal attorney in Vista if you have been accused of any sort of fraud.
Additionally, similar charges for the same conduct are often brought in state court, which includes the Vista branch of the San Diego Superior Court.
If you have been accused of any form of fraud or believe you may be arrested for fraudulent activities, please call (760) 643-4050 to schedule a free initial consultation with Vista federal lawyer Peter M. Liss.
If you’ve never needed an attorney before, your experience with them has probably been limited to what you see on television. But while big, multi-billion dollar legal firms make for great television and movies, they aren’t always what’s best for you when you have been charged with a crime in Vista. In fact, in many cases, a small legal office with one lawyer, like the Vista defense firm owned by Peter M. Liss, is a better option.
The reason smaller firms are often better is because they can offer you the personalized service you deserve. The types of legal firms featured on most TV shows and movies involve dozens of lawyers, each with their own team of paralegals and secretaries who do the majority of research for your case. In fact, unless you’re a billionaire paying for the attention of these firm’s top attorneys, your actual lawyer might only look at your case for a few minutes before he consults with you and before he goes to court. The rest of the time, his team will be doing the prep work for him.
With a top Vista defense lawyer who works with only one secretary, like Peter Liss, you can be sure your case is personally handled by the attorney you hired. If you have any questions, he will be able to call you back quickly and answer them directly -not with the help of a paralegal who hasn’t yet graduated law school or an assistant attorney who has only been practicing law for the last six months. Peter M. Liss has over 30 years of experience and when you hire him, you will be receiving the benefit of this experience first hand. Additionally, while Mr. Liss prefers running his own solo firm, he has credentials matching or exceeding big law firm lawyers -including graduating from a Top Ten law school, Berkeley Law (Boalt Hall School of Law).
Even if you do find a large firm that can provide the same level of service as Vista defense lawyer Peter M. Liss, they will almost certainly not be able to offer competitive rates like Mr. Liss as these large companies must pay for their massive offices and their large teams of paralegals and assistants.
If you still aren’t sure which Vista defense attorney to go with, try scheduling a consultation and speaking with the lawyer who will handle your case. Be sure to ask some of these questions to help evaluate your potential defense lawyer.
Vista criminal lawyer Peter M. Liss will be happy to provide you with a free consultation. Just call (760) 643-4050 to schedule an appointment.
Indecent exposure sounds like a minor crime, but it is actually a very serious offense that can result in your being labeled a sex offender. If you have been accused of indecent exposure, it is critical you contact a top Vista criminal attorney as soon as possible to start building a defense against these charges.
While this crime is only a misdemeanor, punishable by up to 6 months in prison and $1,000 in fines, it is considered a sex crime worth of lifetime registration on the sex offender list. That means that you will be punished for that one mistake for the rest of your life. Take it from a Vista criminal lawyer, you absolutely do not want to be convicted of indecent exposure. Additionally, a second conviction for indecent exposure is a felony an may result in a state prison sentence.
For the prosecution to convict you of indecent exposure, they must prove that you willingly exposed yourself in public with the specific intent to bring attention to your genitals. Additionally, they must be able to show that the exposure was for the purpose of sexual arousal, making a sexual insult at another person or to offend someone.
That last parts are often critical in the defense against this crime as many people arrested for streaking or public urination are charged with indecent exposure when the intent was either a bit of light-hearted fun or simply to relieve oneself. In many cases, your intent will be at the crux of the issue. A Vista criminal attorney like Peter M. Liss can work to uncover witnesses, psychologists and more to show that you were not acting in a sexual or intentionally offensive manner, even if you were exposed to the public.
In many cases, this crime is charged in conjunction with lewd conduct. For example, people caught having sex at nude beaches are commonly prosecuted for both indecent exposure and lewd conduct. This makes it even more important to contact a Vista sex crimes lawyer who can help you fight any and all charges related to your arrest.
If you have any questions or would like to schedule a free initial consultation with a top Vista defense lawyer, please call (760) 643-4050.
Lewd conduct in public occurs when a person solicits or participates in some type of sexual conduct in a public place or an area open to public view. While the crime sounds pretty straight forward, there are actually a lot of specific aspects of the incident that must occur in order for the prosecution to secure a conviction. If you have been accused of lewd conduct in public, a criminal lawyer in Vista, CA can help you fight these accusations.
While lewd conduct in public does not result in your being labeled a sex offender, it is often charged with indecent exposure, which can land you on the sex offender registry. Even if you are only charged with lewd conduct in public though, you can still receive a sentence of up to six months in jail and a fine of $1,000, so it is critical you take such accusations seriously and speak with a Vista criminal lawyer as soon as possible.
There are many different defenses for a lewd conduct in public charge available to a criminal defense attorney in Vista. If you were arrested as part of an undercover sting operation, your lawyer may be able to show it was entrapment.
In order for someone to be convicted of lewd conduct in public, the prosecution must prove that you willfully solicited or engaged in the touching of your own or another person’s genitals, buttocks, or breasts in order to sexually arouse or provide sexual gratification to yourself or someone else or in order to annoy or cause offense to others, and the act must have occurred somewhere within public view of another person who was offended. Additionally, you must have known or should reasonably should have known that someone present might be offended by the conduct.
There are a lot of aspects to this crime that must be true in order for the prosecution to prove you guilty. If you did not realize someone could see you, you did not commit a lewd act in public. If you touched yourself or someone else sexually, but never actually touched genitals, buttocks or breasts, this charge does not apply. A good Vista criminal attorney will work to show that all of these criteria were not meant so a prosecution cannot be made.
If you have been accused of lewd conduct in public or any similar crime, please call Vista defense lawyer Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.
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