Archive for the ‘Criminal Lawyers Vista’ Category
Wednesday, March 5th, 2014
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.
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Wednesday, March 5th, 2014
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.
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Wednesday, February 26th, 2014
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.
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Thursday, February 20th, 2014
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.
Thursday, January 23rd, 2014
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.
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Tuesday, January 21st, 2014
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.
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Monday, December 2nd, 2013
While the medical use of marijuana is legal in California, it is still subject to a number of laws and the use of medicinal marijuana is still a crime under federal law. If you or a loved one has been charged with marijuana use, sale or another related charge in California despite having a medicinal marijuana license, please call a Vista criminal defense lawyer as soon as possible.
There are a number of different reasons a person who uses or sells marijuana for medicinal purposes may be charged with a crime related to the drug. For one thing, many police officers are not adequately trained about the Compassionate Care Act and what it means for those using marijuana for treatment of a medical condition. For another, some people who use the drug medicinally might not have a current prescription card or may not have it on them when they were stopped by the police.
Additionally, some people who legally grow marijuana for medicinal purposes sell or give away marijuana to persons without a medicinal marijuana card. Sometimes people are in possession of more marijuana than their prescription allots or use the substance in an area that is banned under state law. It is also illegal to operate a vehicle under the influence of medical marijuana and a Vista DUI lawyer would always urge you not to mention your prescription to a police officer during a traffic stop.
Because there are so many restrictions on dispensaries, those working at these shops and those who own and operate them may be charged with all number of crimes, including selling marijuana to someone without a prescription card, not maintaining the location as a non-profit, or possessing more than the legally allotted amount.
Aside from these local restrictions, the federal government has not recognized the legality of state-operated medical marijuana laws, so you may also be charged by federal agency under federal law whether or not you followed all of the state laws relating to medicinal marijuana. Because these cases operate on a federal level, you will need a Vista criminal attorney that is able to operate in the federal court system like Peter M. Liss.
Whatever the specifics of your medicinal marijuana arrest, Vista criminal lawyer can help you fight the charges. Please call (760) 643-4050 to schedule a free initial consultation to discuss your case.
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Sunday, December 1st, 2013
This blog may talk a lot about Vista criminal lawyer Peter M. Liss’ excellent reputation around the county, but it’s one thing to say that he has defended a number of high-profile cases in the area and has been interviewed repeatedly by many top news organizations and another thing to provide proof. The articles below serve as testimony that Peter Liss truly is one of the most respected criminal attorneys in Vista.
DUI Hit and Run Accident Resulting in Severe Injury of a Marine
In this case, an intoxicated woman involved in an accident with a US Marine fled the scene before authorities arrived. The woman, who had a BAC of .37, was scared, confused and left the scene not because she was avoiding responsibly, but because she wanted to tell her husband, who is also a Marine, what happened before he left for work.
While the defendant faced up to nine years in prison, as her Vista DUI defense lawyer, Peter Liss helped her secure a plea bargain for half of that sentence. Additionally, the bargain allowed the defendant to serve on a firefighting crew while in prison.
The story was covered by multiple outlets, including a few different stories featured in the Union Tribune and in multiple stories by CBS.
Driver Charged With Fatally Hitting A Toddler
Right now, Peter Liss is defending a very high profile case involving a man accused of hitting and killing a three year-old boy with his car. The driver was exiting a driveway and hit and killed the boy. Once the driver realized what happened, he immediately exited the car and began trying to help.
While police initially arrested the driver on suspicion of drunk driving, a preliminary alcohol screening (the only test performed in this case) showed the defendant had a BAC of .02%, far below the legal limit of .08%.
He is still being charged with vehicular manslaughter, driving without a valid license and providing officers with false identification. The charges could result in a two and a half year jail sentence. Ultimately, the case will come down to whether or not the prosecution can prove that the driver was operating his vehicle in a negligent manner, which his Vista criminal attorney, Peter Liss, says he was not doing.
While more coverage of the case will undoubtedly end up in the press as the trial progresses, it has already been covered by the Union Tribune, Fox and KUSI.
If you have been charged with a crime, you want the best Vista criminal lawyer available. Peter M. Liss not only has a sterling reputation, he also offers affordable rates and has an office directly across from the Vista courthouse. If you are ready to schedule a free initial consultation, please call (760) 643-4050.
Sunday, September 1st, 2013
Hazing has a lot of different meanings, but for most people, it brings to mind an act of initiation to get into a club, fraternity or other organization. Under California law, the layman’s term “hazing” is often legal. However, if you violate the state’s definition of the term, you can be charged with a crime. If you have been charged with hazing, please call a criminal lawyer in Vista today.
Illegal hazing in California involves any method of initiation or pre-initiation into a student organization or student body that is likely to cause serious bodily injury to a former, current or prospective student of any educational institution in the state. The organization does not have to be officially recognized by the educational institution, but it must be associated with one by the membership of current of former students. If the event is part of a formal athletic event or school-sanctioned activity, it is not hazing. There are a lot of distinctions there, which is precisely why it is critical you have the right criminal attorneys in North County, San Diego on your side if you have been accused of this crime.
If the crime you have been accused of does not meet all of the distinct qualifications of California’s hazing law, you cannot be charged with hazing. That means that if the ritual was not part of an initiation or pre-initiation event, no hazing occurred. If the person went through the ritual, but your criminal lawyer in Vista, CA can prove that the organization is not remotely associated with any school or educational institution, you cannot be charged with hazing. Similarly, if a student body event ended in serious bodily injury or death due to an unforeseen accident -if, for example, a student got hit by a car while crossing the street as part of a ritual, it is not the fault of the organizers of the event. If the ritual was likely to result in harm to someone unassociated with any educational organization, you may be charged with other crimes if someone was hurt -but you cannot be charged with hazing.
If hazing results in serious bodily injury or death, felony charges resulting in up to three years in prison could be filed. Even lesser injuries can result in a misdemeanor filing carrying a sentence of up to one year in jail. That’s why it is critical you fight these charges properly.
Because these laws are very complex. If you have any questions about the hazing laws in California, please call (760) 643-4050 OR (858) 486-3024 to schedule a free initial consultation with Vista criminal lawyer Peter M. Liss.
Monday, August 5th, 2013
While most people assume that taking and holding someone without their consent is kidnapping, California has strict laws governing what defines a kidnapping charge. If you have been accused of kidnapping someone, you will need a top Vista criminal attorney to help you fight this serious felony offense. Please call Peter M. Liss at (760) 643-4050 to schedule a free intial consultation.
In order to be convicted of kidnapping in California, the prosecution must be able to show that you moved another person a substantial distance without their consent by using fear or force (or fraud if the victim is under 14). If you took someone and locked them in their own closet, kidnapping charges will not apply to your case. If you abducted an adult with promises of money, you did not kidnap them. These are important distinctions for your Vista criminal lawyer to make because kidnapping charges are a felony that can result in up to eight years in a state penitentary, while false imprisonment charges can be a misdemeanor or a felony with a maximum sentence of up to three years in prison.
In some cases, you may face additional penalties as well. Aggravated kidnapping charges apply when a child under 14 has been kidnapped, when ransom has been demanded, when the victim has been seriously injured or killed, when the victim was abducted during a carjacking, or if other laws were broken in conjunction with the kidnapping. Aggravated kidnapping charges can result in a prison sentence lasting from five years behind bars to life with or without parole.
Additionally, because kidnapping is a strike under California three strikes law, anyone with two previous strikes on their record will face life imprisonment and everyone convicted of the crime will need to serve 85% of their sentence before becoming eligable for parole.
Because kidnapping becomes a federal crime if the victim has been taken across state lines, many persons facing this charge will need a criminal lawyer in Vista with experience handling federal criminal cases. Peter M. Liss not has the experience you need to fight kidnapping charges at both the state and federal level.
If you have been charged with kidnapping, please call (760) 643-4050 to schedule a free initial consultation with top Vista kidnapping defense lawyer Peter M. Liss.
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