Archive for the ‘Criminal Lawyers Vista’ Category

Start Pre-File Investigations: Call a Vista Defense Lawyer

Monday, May 6th, 2013

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If you believe you may be under investigation for a crime, you shouldn’t wait until charges are filed before you contact a top Vista criminal defense attorney. In fact, by hiring a lawyer before there are any formal charges against you, you can ensure your rights are protected while the police perform their investigation and start fighting the charges before they are even filed. If you believe you may be under investigation for any crime, please call Vista defense attorney Peter M. Liss to schedule a free initial consultation.

If you act quickly to fight charges before they are filed, you may be able to avoid being arrested altogether. In many cases, top Vista defense lawyers can gather enough evidence to show that you are innocent long before the police believe they have gathered enough evidence to file charges against you.

One of the first things police do when they are investigating you for a crime is to interview you.  It is critical you call a Vista criminal defense lawyer before you speak to the police.  Even innocent sounding questions may incriminate you if you answer.

Mr. Liss is a top Vista defense attorney for a reason, and one of the things he does to ensure his clients are represented as well as possible is to contract with skilled private investigators in the North County of San Diego. This can enable you to prove that you are telling the truth about your side of events long before a case is even filed against you.

Even if the prosecution files charges against you in spite of this evidence, this pre-file investigation will continue to help you as you fight the accusations against you, so there is no downside to protecting your innocence from the start of the police investigation.

If you have any questions about pre-file investigations or would like to discuss your situation with a top criminal defense attorney in Vista, please call (760) 643-4050 to schedule a free initial consultation with Peter Liss.

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Wiretapping Laws In San Diego, California

Tuesday, April 23rd, 2013

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While most people think of wiretapping as something that the police or other government agencies use to investigate a suspect, private individuals occasionally tap into the phone lines of others for a variety of reasons. Whether the wiretapping was performed for the purpose of gaining confidential information from a rival company, for stalking someone or for gaining an advantage in an upcoming legal dispute, anyone accused of wiretapping will need to contact skilled Vista criminal defense lawyers as soon as possible.

Wiretapping has traditionally required hooking a device into a phone line, modern wiretapping also involves hijacking wireless cellphone signals in order to listen in on conversations or to read text messages. Under California law, only law enforcement officials may tap someone’s phone without their permission -and even then, they must have a court order in order to do so. In fact, it is even illegal to tap your own phone if you do not inform those on the other line that they are being recorded. Even recording a private phone call without consent is illegal unless you are collecting evidence of a serious  or violent crime.

Depending on the specifics of a particular wiretapping charge and the defendant’s criminal record, the prosecution might try the crime as either a felony or a misdemeanor. If you are charged with misdemeanor wiretapping, you can face a fine of up to $2,500 and up to one year in jail. On the other hand, if you are found guilty of felony wiretapping, you could be sentenced to as long as three years in a state prison. If you have a similar crime on your record, you may even face a minimum fine of $10,000. In many cases, a top Vista criminal defense attorney may be able to convince the prosecutor to charge the crime as a misdemeanor.

If you have been accused of wiretapping, or a similar crime such as eavesdropping or stalking, please contact a Vista invasion of privacy defense lawyer as soon as possible. Please call (760) 643-4050 to schedule a free initial consultation with attorney Peter M. Liss to discuss how he can help you fight these charges.

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Reviews for Vista Criminal Defense Attorney Peter M. Liss

Monday, April 8th, 2013

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Generally, this blog tends to focus on the laws and criminal justice system of Vista, CA and the services offered by Vista criminal defense lawyer Peter M. Liss, but if you still aren’t sure about the quality level of service offered by Mr. Liss, then let these satisfied client reviews aid you in your decision.

Yelp Reviews:

Attorney Liss is a fantastic lawyer! He is diligent, determined, and will bend over backward to ensure that you, as a client, are at ease with your case. I asked for Mr. Liss’ help and he worked around the clock to grant me the justice that I deserved. Mr. Liss undoubtedly strives for the very best. He is loyal, kind hearted, and will do whatever it takes to seek justice. He is a wonderful attorney who not only knows the intricacies of the legal system inside and out, but also loves his work. I would recommend Mr. Liss to anyone and everyone. -Erica B.

I can’t thank Attorney Peter Liss enough for his services! The outcome of our case was better than I ever dreamed. Peter is intelligent, hard working, kind, supportive, responsive, and honest. I love his confidence. His is well connected and knows his way around the Vista court system. Legal issues impact you personally, professionally, and financially, so having the right lawyer working for you is critical. If you are involved in a criminal matter, without a doubt I recommend that you contact Peter. I am completely satisfied with every aspect of the way Peter handled our case. -Terry W.

Peter is the best attorney in San Diego.  He has an amazing ability to get the job done with the best possible results. He lives up to his reputation as a professional, competent and highly trustworthy attorney who cares for his clients. I can honestly say that hiring Peter made a significant impact on my case and, without him, the outcome would have been much more severe. Without his counsel, I am not sure what I would have done. I highly recommend him for all of your legal needs.  He is an exceptional attorney and I would hire him again in a heartbeat. Thank you Peter!!! -Marta K.

Mr. Liss used a results-oriented legal approach that combines highly skilled technical competence, courageous advocacy, and distinguished professionalism.  In a day when most professionals are oriented toward material self-interest, Peter Liss remains steadfast in his commitment to the less powerful in our society.  If you want an attorney who will get you quick results on your case, then Attorney Peter Liss is the right choice.  He is a dedicated professional who seems to take pride in settling your issues in a timely manner. -Euripides T.

Peter was a superb Attorney… He did an amazing job with my case and I couldn’t thank him enough, he helped me keep my son and helped make sure that nothing bad would happen to me or my family… When it was time to see the Judge at court he always had me in and out with great results. I was never at court for longer than 30 minutes, which was amazing… Peter went above and beyond to help me and I’m sure he will do the same for you. -Letty G.

Google Reviews:

I hold Peter Liss in the highest esteem as a caring and passionate Attorney. He gave me all the time I needed and always returned my calls… He gave me a full and thorough perspective of the law in my particular situation and… I felt confident in his ability. Seeing him in action in the court room re-enforced how fortunate I was to have him as my Lawyer. The judge and the opposing defense lawyer even praised him for the good arguments he presented on my behalf. I was successful with my Writ and credit his thorough research and quick ability to counter argue and think quickly on his feet which undoubtedly led to my success. I highly recommend Peter. He is an excellent Attorney in every sense of the word. -Diane Lev

Peter helped me with a legal problem that had hung over me for almost 30 years! He spoke to me, explained his plan and within a few weeks my 30 year old problem was gone! From the very beginning he seem truly concerned and made me feel confident that he word do his best to help me with my problem. I live in New York and Peter responded quickly to all my e-mails and saw to it that I did not have to travel to California to get this matter resolved. I only wished I had contacted Peter sooner. -Jorge Melendez

AVVO Reviews:

Peter used his considerable skills and experience as a criminal defense trial lawyer to negotiate a dismissal of a civil harassment suit against my son… The person filing the civil harassment petition consulted an attorney who knows Peter and who, after discussing the case with Peter, concurred that dismissing the case was in the best interests of everyone. As a civil litigation attorney for over 35 years, I can say from experience that Peter’s handling of the case was adroit and tough and comes only from long experience as a criminal defense attorney. I would recommend him to anyone. I am an attorney who has frequently referred my clients, friends and other individuals to Peter Liss when they needed a criminal attorney. Each and everyone I referred to Peter, has told me what an excellent job he has done. I have seen him in Court and I also feel this way. Peter knows exactly what to do to get the results you are looking for without charging unnecessary legal fees. In addition, his “bedside” manner is warm and understanding. I have, and will continue to recommend Peter Liss to anyone who asks me about a criminal lawyer.

Remember, these are only a few of many great reviews posted on behalf of Peter Liss. If you really want to know how this top Vista criminal attorney can help you, speak to him yourself during a free initial consultation. If you’re ready to talk to Peter Liss in a one-on-one private consultation, please call (760) 643-4050.

Have You Been Accused of Dog Fighting Charges?

Saturday, March 30th, 2013

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If you have been accused of training or entering your dog in a dog fight or of attending a dogfight, you can face serious criminal charges. Fortunately, a skilled Vista criminal defense lawyer like Peter M. Liss can help you fight these accusations and any related animal abuse or illegal gambling charges you may face.

While dog fighting falls under the broad category of animal cruelty, it is also a specifically prohibited crime in California and those who train and enter their dogs in these fights can be charged, along with those who attend the events. As a spectator of a dog fight, you can be charged with a misdemeanor and face one year in the county jail and a fine of up to $5, 000. On the other hand, if you are accused of owning, training or entering a dog that participates in a dog fight, you can face a felony charge, punishable by up to three years in prison and a fine of up to $50,000. Additionally, property used  and money made though dogfighting is subject to forfeiture.  If you allow your property to be used for dogfighting you can lose the property and be charged with aiding and abetting dogfighting, a felony.

Aside from these offenses, you may also be charged with related crimes such as gambling or animal abuse. Because all these offenses carry such serious sentences, it is critical anyone arrested for dogfight-related charges immediately contact a top Vista defense attorney.

There are many defenses for these sorts of crimes, but many of them come down to showing the prosecution does not have enough evidence to prove you are guilty. For example, in order to be convicted of attending a dogfight, the prosecution must show you knowingly attended the event. That means you had to have gone to the event knowing it was a dog fighting match. If you happened upon a dogfight in the basement of a bar or an acquaintance’s backyard and were arrested, your Vista criminal defense attorneys can show that you had no intention of visiting such an event. This defense cannot be used if you stumbled upon the fight, realized what was happening and then chose to stay and watch.

Similarly, while you can be charged with owning or training a dog used in a dogfight, you cannot be convicted if the dog was entered into such an event without your permission or knowledge. For example, if you raised your dog to be an aggressive guard dog for your property, but someone took him without your permission and started using him in dog fights, you could not be convicted for owning him or training him to be aggressive.

Sometimes these techniques are not enough to defend someone against such serious allegations. In some cases, your Vista defense lawyers might need to fight to have evidence suppressed after police illegally searched an area without a valid warrant. Similarly, you could be better off negotiating a plea bargain in order to minimize the charges and sentencing you will face.

There are many different defenses to dog fighting charges and Vista attorney Peter M. Liss can help you find the best way to fight these accusations. If you have any questions, please call (760) 643-4050 to schedule a free initial consultation.

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The Revised Three Strikes Law In California

Wednesday, March 13th, 2013

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In the 2012 November election, California voters overwhelmingly supported Prop 36, a proposed revision to the state’s infamous “Three Strikes” law. The law, originally passed in 1994, meant that anyone who received two strikes on his or her criminal record would automatically receive a life sentence for any additional felony they committed, no matter how minor the crime. Since that time, California’s prisons have become extremely over crowded, largely in part to “three strike” criminals who were sentenced to spend the rest of their lives in prison. In fact, a quarter of all current prison inmates are in prison due to the three strikes law.

Prop 36 revised the law so the final strike had to be some type of violent or serious crime, with the exception of those who received any of their first two strikes for rape, murder or child molestation or those who were armed with a firearm while committing a felony. This change is big news for Vista three strikes lawyers currently defending anyone who may be charged with felony crime, particularly those defendants who already have strikes on their record. But more importantly, the law goes one step further, allowing for those already convicted under the three strikes law to appeal for resentencing if their conviction would not meet the revised version of the law. With that in mind, if you or a loved one has been sentenced to life imprisonment for a non-violent crime under the three strikes law, you may be able to get a new sentence with the help of a top Vista criminal defense attorney.

It has been estimated that over 3,000 inmates in California prisons would be eligible to petition for a reduced sentence and many of these inmates could even be released on credit for time served. If you or someone you know falls into this category, Vista criminal defense lawyer Peter Liss can help. Please call (760) 643-4050 to schedule a free initial consultation to discuss your situation.

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Facing Statutory Rape Charges in California?

Thursday, March 7th, 2013

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Statutory rape occurs whenever someone has sex with a person under the age of 18. It does not matter if the sex is consensual or even if the minor initiated the act, if someone has sex with a minor, they can be charged with statutory rape. In fact, even teenagers may be charged with the crime for having intercourse with another teenager, although it is rare for the prosecution to press charges in consensual relationships between two minors.  If you have been accused of statutory rape, whether the charges are just or not, it is critical you immediately contact a top Vista criminal defense lawyer as soon as possible.

Statutory rape is a complex crime because the prosecution must be able to prove that the two parties involved did have sexual intercourse, that the two persons were not legally married to one another and that the minor was, in fact, under the age of 18 at the time. For example, if an adult and minor were dating, but did not consummate their relationship until the minor’s 18th birthday, statutory rape did not occur. Alternatively, if a couple was legally married before they had intercourse, they cannot be convicted for this crime, even if one or both parties were underage.

Statutory rape accusations often get ugly because minors and their parents have been known to falsely accuse people of statutory rape for a variety of reasons. If you have been accused of this crime, you will need the help of a top Vista criminal defense attorney, even if you never even met the alleged victim before the accusations were made.

Statutory rape may be charged as a felony or a misdemeanor and the penalties will vary drastically depending on the circumstances -particularly the age difference between the two parties. If the people involved in the sexual act were no more than three years apart in age, the crime will always be a misdemeanor, otherwise it could be a misdemeanor or a felony, which the prosecutor will decide based on the specifics of the case and the defendant’s criminal history. Your Vista criminal defense attorneys may be able to help convince the prosecutor to charge the crime as a misdemeanor to minimize your potential sentence. If the crime is a misdemeanor, you could face up to one year in jail and $1,000 in fines. If it is charged as a felony, you could face $10,000 in fines and up to three years in custody, or up to four years in prison if you were over 21 and the victim was under 16 at the time of the sexual intercourse. Fortunately, even if you are convicted for this crime, statutory rape does not require mandatory registration as a sex offender, although judges still have the option to require it as part of your sentence.

There are many defenses to statutory rape, but one of the strongest is showing that you honestly and reasonably believed the other party was over 18.  For example, if the alleged victim told you he or she was over the age of 18, if he or she had a fake ID that said he or she was over 18 or if you meant at a bar or club where entrance is only granted to those with ID to prove they are over 18 or 21. Unfortunately, consent is not a case in statutory rape crimes, which is why you should immediately call a criminal defense lawyer in Vista as soon as you have been accused of this crime to ensure you do not say anything to harm your defense.

If you have been accused of statutory rape, please call Vista criminal defense lawyer Peter M. Liss at (760) 643-4050.

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Don’t Be A Bueller If You Want to Stay Out of Jail

Wednesday, February 27th, 2013

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Ferris Bueller’s Day Off is a classic movie that reminds everyone that “life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.” And while it’s important to take a break from your hectic life every now and again, you’re a lot better off not directly following in Ferris’ footsteps –that is, unless you want to stop and enjoy life from behind bars.  As it turns out, Ferris breaks quite a few laws on his one day off. If you live in California, Vista criminal defense attorney Peter M. Liss can tell you that these are just some of the many consequences you could face if you followed the example of Mr. Bueller.

One of the most immediately obvious examples of law breaking in the film is truancy. While Ferris, as a high school senior, is likely over the age of 18 in the film and Cameron was already excused from school by his father, Sloan was a minor and willingly played her part in tricking the administrators to let her out of class.  Of course, this is a relatively minor crime compared to some of the others perpetrated throughout the film.

Even if Ferris was legally old enough to escape truancy charges, the fact that he hacked into the school’s computer system to change his attendance record is still a matter of computer fraud and altering public records. These two charges would most likely both be felonies since computer crimes are taken so seriously in California. It is also possible that Ferris could face additional fraud or identity theft charges for impersonating Abe Froman, “The Sausage King of Chicago,” at the posh restaurant Chez Quis.

Perhaps the biggest crime in the film though is the theft of Cameron’s father’s 1961 Ferrari GT. While most people believe that the kids’ use of the car would constitute grand theft auto, the fact that Ferris and Cameron always intended to bring the car back means that they would actually be guilty of the lesser crime of the unlawful taking or driving of a vehicle. Even so, the crime would still be a felony punishable by up to 3 years in prison. With the help of a skilled Vista criminal defense lawyer, the District Attorney or judge might agree to charge the crime as a misdemeanor since it was taken solely for the purpose of a joyride.

When it comes to Cameron’s destruction of the Ferrari, the penalty would ultimately depend on whether or not Cameron’s dad chose to punish him privately or press charges against his own son. If he did decide to press charges, Cameron could face up to three years in prison and $50,000 in fines for destroying the car.

Of course, it wouldn’t just be Ferris and Cameron at fault for their particular parts of the crimes committed, Sloan and the two boys could also be charged as accessories to one another’s crimes. All in all, this one day out could result in some serious criminal penalties, including lengthy jail or prison sentences, and all of the kids should immediately contact some skilled Vista criminal defense attorneys.

Since all of these crimes are presumably first offenses, then the judge would likely grant Bueller and his comrades probation and give them alternatives to jail or up to a year in jail.  Although most of these crimes would be charged as felonies, Ferris likely wouldn’t be sent to prison because of his youth and lack of record.

The bottom line? Ferris Bueller’s Day Off is a great movie, but while it’s good to take time to appreciate life, living out the story itself is a really bad idea. If you do, however, end up doing something illegal while just trying to live life to the fullest, Vista criminal defense lawyer Peter M. Liss can help. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.

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What Are the Penalties of A Drive-By Shooting in CA?

Tuesday, February 12th, 2013

 

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Practically anyone who takes part in a drive-by shooting knows that what they are doing is illegal, but few people know what specific penalties this serious crime carries. While some people believe only the shooter is criminally liable for the offense, that is far from the truth. In fact, even if you were not involved with the incident, but your vehicle was used to commit the crime, you could be convicted if the prosecution can prove that you knew the person you lent your vehicle to intended to use it to do a drive-by shooting. That is why anyone involved with the commission of a drive-by shooting should immediately contact a top Vista defense lawyer as soon as possible.

Penalties for drive-by shootings vary based on the specifics of the crime and what role each person played in the incident. A driver involved in such activity could face up to three years in prison and $10,000 in fines. The person who will face the most severe penalties though is the one who shot the gun. If you are convicted for being the shooter in a drive-by, you could face up to seven years of prison if no one was injured. If someone was seriously injured, you could be sent to jail for up to ten years and if someone was killed, you could face murder charges and thus, life imprisonment. Additionally, a driver or passenger may be liable for the same punishment as the shooter if they aided and abetted in the crime, meaning they knew about  and intended to assist in the crime.  If the shooting was done by or in connection with a street gang, an additional 10 year prison term will be imposed, or 15 years is someone was seriously injured. With these types of serious penalties, it is easy to see just how important a top Vista criminal defense attorney can be to your case.

There are defenses for these types of crimes, and your Vista defense attorney can help you determine the best course of action for your specific case. In some situations, your best option might be to seek an agreeable plea bargain. In other cases, your Vista criminal defense lawyers might be able to argue that there is not enough evidence to prove that you were in the car when the shooting occurred. Some defendants in similar situations have been able to prove that they only shot at the alleged victims in self defense, after the other party pulled out firearms and aimed them at the defendant’s vehicle. Drive-by shootings often happen so fast that eye witness reports are not reliable when it comes to who was involved or who started shooting first. With the right Vista defense lawyers on your side, you may be able to show that the prosecution does not have enough proof to show you were involved with the shooting or that you did not act in self defense.

If you have been arrested for your role in a drive-by shooting, please call Vista criminal defense lawyer Peter M. Liss at (760) 643-4050 as soon as possible.

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Using A Fake ID Can Result In Serious Penalties

Wednesday, February 6th, 2013

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Obtaining and using a fake ID might not seem like a huge deal, especially if it’s just so you can get into bars and clubs with your older friends, but if you are arrested for possessing a fake ID, you may face serious criminal charges. If you have been charged with possession or use of a false ID card, please contact a skilled Vista criminal defense attorney as soon as possible.

Depending on the specifics of your arrest, a conviction for possessing a fake ID can result in a prison sentence of up to three years and you could also face up to $10,000 in fines. Using a fake driver’s license will also result in the DMV revoking your license. Additionally, if you try to impersonate another with false identification to obtain services or goods, you will also be charged with identity theft. Charges and penalties are particularly severe if you tried to use the ID to fool a law enforcement officer.

Fortunately, there are many strong defenses against these charges and with a top criminal defense lawyer in Vista on your side, you can escape a conviction by proving your innocence or negotiating a fair plea bargain. In some cases, your defense attorney might be able to argue that you didn’t know that the ID was fake. In other situations, you might be able to show that you had no intention to use the ID for fraudulent purposes -for example, many people have novelty driver’s licenses that are only intended as a joke, not as a way to fool people.

If you have been charged with using or possessing a fake driver’s license or other type of fraudulent identification, please contact Peter M. Liss, a top Vista defense attorney. Call (858) 486-3024 at any time to schedule a free initial consultation.

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Could the Seinfeld Cast Really Be Busted for Doing Nothing?

Sunday, January 27th, 2013

In one of the most famous season finales in television history, George, Elaine, Jerry and Kramer are all charged under a “Good Samaritan Law” for watching someone get car jacked and failing to offer any assistance. But almost fifteen years later, countless fans still find themselves wondering if such laws even exist and if so, could the gang actually be convicted for doing nothing? It’s time to find out.

First of all, it’s important to note that while there are plenty of Good Samaritan laws on the books, these do not actually involve interfering with criminal activity, but instead with helping people who are injured. In fact, most of these are written not to force persons to help, but protect those who do provide assistance from civil litigation. The criminal statute that the Seinfeld gang violated was actually what is known as a “Duty to Rescue” law.

At the time of the finale, the US only had a handful of Duty to Rescue laws, and the small town of Latham, Massachusetts did not have one at all. According to San Diego criminal attorney Peter Liss, even if you put the cast in modern day California, they could still only be found guilty if they failed to report the murder or rape of someone under 14. The state does have strict reporting regulations for those who observe child or elder abuse, but only if those persons happen to be what the state considers “mandatory reporters” of these crimes because they work in places such as nursing homes, doctors offices, therapy centers or schools.

States that do have Duty to Rescue laws on the books allow for someone to be charged with a misdemeanor for failing to report a violent crime, but even then, the laws do not require someone to put themselves in danger in order to do so. Being as how the carjacker had a gun, the group would not be legally required to intervene to stop the crime. In fact, even the arresting officer in the show says the law requires people to help or assist anyone in danger, “as long as it’s reasonable to do so.” Even the strictest prosecuting attorney in the nation would agree that it is not reasonable expect a stranger to interfere with someone holding a firearm.

On the other hand Jerry still could be accused of failing to help the victim by not calling the police with his cell phone. That being said, San Diego criminal lawyer Mr. Liss points out that an attorney could defend the group from such accusations by explaining that they did not want to attract the carjacker’s attention by calling the police while an armed man is near them -not to mention, their inactivity in a crime that happened that fast would not have helped stop the crime. Either way, police would have to chase down the carjacker. Duty to Rescue laws do not specify that you need to call the police while see someone committing a violent crime, only that you need to report the crime.

Additionally, the criminal attorney in San Diego points out that, if anything, the gang helped the defendant by video taping the encounter and recording extremely useful evidence of the event that could convict the carjacker. That means that even if they belittled the victim at the time, they would still be helping him and therefore, deserve to be commended.

When you watch the scene though, it’s easy to see that the one person who should truly be punished, aside from the carjacker, would be the police officer who was in the area when the carjacking happened, but still thought his time would be better spent arresting innocent bystanders who obtained evidence of the crime.

Of course, no one wants to be found guilty for merely doing nothing, so if you ever find yourself being accused of failing to do something, like the gang in Seinfeld, please call top San Diego criminal lawyer Peter M. Liss to discuss how to fight the charges against you.