Larry David Has ‘No Lessons Learned’ Regarding Courtroom Proceedings
Vista Criminal Law Blog
by Jill Harness
6d ago
Mark Twain advised entertainers to ‘never let the truth get in the way of a good story.” Throughout the twelve seasons of HBO’s Curb Your Enthusiasm, Larry David heartily embraced those words, making a farce of his own life as he plays a fictional version of himself. Of course, he already test-drove this recipe for success in Seinfeld, which ended with a much-maligned finale depicting the characters going to jail for doing nothing. After Larry David and his fellow writers completely twisted the definition of a good Samaritan law and depicted a wholly unrealistic and illega ..read more
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What Surveillance Tools do Police in San Diego County Use?
Vista Criminal Law Blog
by Jill Harness
6M ago
Overall, Americans are against the idea of statewide surveillance programs, which is why there are no nationwide camera systems complete with facial recognition like there are in many other countries. But Americans, like most people, also want police to be able to solve crimes, especially serious and violent offenses. Balancing the public’s desire for privacy and public safety can be difficult, so when a government agency installs surveillance systems, there is usually at least some level of public debate before the plans are implemented. Yet somehow, the SDPD managed to continually add new s ..read more
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Is Proplifting a Crime in California?
Vista Criminal Law Blog
by Jill Harness
6M ago
Skilled gardeners know the best way to avoid spending a fortune on plants is to simply propagate new plants from seeds, roots, cuttings, and discarded or damaged plant matter. While there’s typically nothing wrong with propagating your own plants or accepting propagation materials from friends, family members, and neighbors, taking plant parts without permission, sometimes called “proplifting,” is often against the law. Here’s how to propagate plants you don’t know without committing a crime. What is Proplifting? While it sounds like “proplifting” would involve shoplifting plant matter, the a ..read more
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It IS Legal to Pick California Poppies
Vista Criminal Law Blog
by Jill Harness
7M ago
Californians love their state flower. It’s little wonder we’re so proud of them when they create a golden landscape spreading across hills and valleys in areas like Antelope Valley, Diamond Lake, and Lake Elsinore. Many residents are so enchanted by our state flower that they don’t even question it when someone tells them it is against the law to pick these blossoms. But the reality is that it is legal to pick California poppies (sometimes called golden poppies or their scientific name, Eschscholzia) —depending on the circumstances. Here’s what aspiring poppy pickers should know. Is Picking C ..read more
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Can You Get a DUI on a Skateboard or Rollerblades?
Vista Criminal Law Blog
by Peter Liss
7M ago
California state driving laws establish a very specific definition of “vehicle” under the law, explicitly defining it as something self-propelled or powered by something other than a human. As a result, while you can get a DUI while riding a horse, operating a boat, or even using a ride-on lawnmower, you cannot get one for bouncing down the street on a pogo stick. However, there are some exceptions that allow users of some self-propelled vehicles to avoid driving under the influence charges, while some human-powered transportation methods are subject to their own drunk driving laws. This ..read more
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Can Reasonable Suspicion be Based on an Anonymous 911 Tip?
Vista Criminal Law Blog
by Jill Harness
7M ago
On any given Friday or Saturday night, you might see signs on the side of the freeway advising drivers to report anyone they suspect of drunk driving to 911. But can you really be stopped and arrested for drunk driving just because someone reported you to the police? And if so, are there other situations where a call to 911 could provide police officers sufficient reasonable suspicion to stop or search someone? Like many legal issues, the answers are complex. What is Reasonable Suspicion? Reasonable suspicion is a legal standard that applies when a police officer has some factual basis to bel ..read more
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What to Know About the DUI Program in San Diego
Vista Criminal Law Blog
by Jill Harness
8M ago
If you are convicted of drunk driving in San Diego County, you must complete a DUI program as part of your sentence. The course length will depend on how many previous DUIs you have on your record and how high your BAC was at the time of your arrest. If you have any specific questions about DUI classes, you should ask your San Diego drunk driving defense attorney, but here is a quick overview of what to expect. How Long do You Have to Take DUI Classes? The duration of your DUI class will vary based on the specifics of your charges, including your BAC, criminal record, and where the charges ar ..read more
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San Diego, California Forgery Defense Attorney
Vista Criminal Law Blog
by Jill Harness
8M ago
While signing someone else’s signature without permission is the best-known method of forgery, it is far from the only type under California law. This crime may also be accomplished by falsifying or changing documents or forging a seal. Because forgery crimes are typically performed to defraud someone of money or property, most people charged with these offenses will also face fraud charges. If you have been accused of forgery, please call an attorney as soon as possible to discuss your case. What is the Crime of Forgery? California forgery laws prohibit falsifying someone’s signature, creati ..read more
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The Good Samaritan Bystander Law in Seinfeld
Vista Criminal Law Blog
by Peter Liss
8M ago
 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 carjacked and failing to offer assistance. But over 25 years later, countless fans still wonder if the Latham, Massachusetts Good Samaritan law in Seinfeld even exists. If so, could the gang actually be convicted for doing nothing? It’s time to find out. Is the Good Samaritan Law in Seinfeld Real? While there are plenty of Good Samaritan laws on the books, these do not involve interfering with criminal activity but instead wit ..read more
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The Felony Murder Rule of California: 189 (PC)
Vista Criminal Law Blog
by Jill Harness
9M ago
Under California law, violent offenders can be charged with murder if they kill someone while committing a felony. This section of the law is known as the felony murder rule and is detailed under California Penal Code 189 (PC). At one point, even accidental deaths that occurred during the commission of a felony could result in charges, and individuals involved with the crime but had nothing to do with the murder, such as a getaway driver, could also be held responsible for the victim’s death. Fortunately, the passing of Senate Bill SB-1437 in 2019 changed the law so these individuals could no ..read more
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