Kosnett Law Firm

July 2018 Archives

Lineup misidentification: A serious problem

When people in California are charged with a crime, they may appear in a physical or photo eyewitness lineup. Although this form or suspect identification is still being used in many states in the nation, it has shown to provide unreliable results. Lineup procedures, as well as limitations of the human memory, have made it rather common for the wrong person to be chosen from the lineup. This may lead to wrongful convictions when this information is used as evidence in court. In some states, strict procedures have been put in place.

What are the differences between theft, robbery and burglary?

If you face theft charges in California, your specific charge may be for robbery or burglary as opposed to theft per se. As FindLaw explains, these three white collar crimes are similar to, but different from, each other, especially when it comes to what the prosecutor must prove in order to convict you.

Are breath tests always accurate?

If you are pulled over in California on suspicion of driving under the influence of alcohol, you may be asked to undergo a roadside breath test. Although law enforcement officers use this test to determine whether a person is driving drunk, studies show the results of the test are often inaccurate. In fact, they can differ by at least 15 percent from the results of a blood alcohol test. This could lead to a wrongful DUI charge.

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