Opposing Views on Victim’s Testimony in Domestic Violence Cases in California

By: Wallin & Klarich

Domestic violence crimes continue to be a major issue in California across all socio-economic and age groups.  According to the National Coalition Against Domestic Violence, 32.9% of women and 27.3% of men in California are victims of domestic violence. California Penal Code 243(e)(1) classifies domestic violence as a misdemeanor punishable by one year in county …

Posted In: Domestic Violence
Tagged: PC 243(e)(1) PC 273.5 Victim's Rights

TRUMP FEDERAL JUDGES MOVING TO VOID GUN LAWS IN CALIFORNIA DESIGNED TO KEEP PEOPLE SAFE

By: Wallin & Klarich

In August of 2020, a divided panel of the Ninth Circuit Court of Appeals decided in the case of Duncan v. Becerra that the Second Amendment bans the state of California from prohibiting (under California Penal Code section 32310) the sale of large-capacity ammunition magazines (LCM), which are defined as magazines that hold more than …

Posted In: Fire Arms & Weapons
Tagged: duncan v becerra LCM

Are Gun Stores Essential During the Coronavirus Pandemic?

By: Wallin & Klarich

Are Gun Stores Essential During the Coronavirus Pandemic The short answer is it depends! Gun sales across the country have skyrocketed as people are panic-buying firearms during the coronavirus pandemic. With everyone trying to safely navigate new social distancing measures, there is a dispute as to whether firearms stores and gun ranges should be considered …

Posted In: Gun Sales

Supreme Court Sides with Therapists on Child Pornography Reporting Law

By: Wallin & Klarich

A California Supreme Court decision could have major implications for a law requiring psychotherapists to crireport patients who, in the course of therapy, admit to having viewed or downloaded child pornography. Since 2014, the Child Abuse and Neglect Reporting Act (CANRA) requires therapistds to contact law enforcement anytime a patient admits to these acts–due to …

Posted In: Child Abuse

3 Men Exonerated After 36 Years Imprisonment for “Georgetown Jacket” Murder

By: Wallin & Klarich

After spending 36 years in prison for being falsely convicted of murder, Alfred Chestnut, Ransom Watkins, and Andrew Stewart have been released. Their exoneration came after a reexamination of their case revealed that police coercion towards witnesses resulted in a wrongful conviction for all three men.   History of the Case On Thanksgiving Day 1983, Chestnu, …

Posted In: Murder

California’s Cash Bail Phase Out Is On Hold

By: Wallin & Klarich

Sixty percent of people arrested in California never face a criminal charge. According to one study, as many as 48,000 county jail inmates have not been convicted of anything. In many cases, those people are serving time in jail because they could not afford to pay for bail to secure their release.  A recent change …

Posted In: Bail

CALIFORNIA LIMITS THE USE OF THE KILL ZONE THEORY OF LIABILITY FOR MURDER CHARGES

By: Wallin & Klarich

The California Supreme Court has issued a decision which strictly limits a prosecutor’s ability to convict a defendant of attempted murder based on a “kill zone” theory of liability. In cases where defendants are charged with attempted murder under the kill zone theory, prosecutors have been able to argue a defendant’s intent to kill each …

Posted In: Murder
Tagged: Murder

Should Ex-Felons Be Allowed to Serve As Jurors?

By: Wallin & Klarich

A felony conviction in California means that the person convicted will not only spend time in county jail or state prison, but will also lose several rights, such as the right to own firearms and the right to vote. A felony conviction also means that a person cannot serve on a jury. While there are …

Posted In: Felony
Tagged: Felony

No More Fees in California?

By: Wallin & Klarich

When it comes to criminal justice reform, California likes to do things differently. The past few years have seen changes to the types of offenses that result in jail time, a reduction in penalties for non-violent crimes, and the elimination of cash bail. The latest proposed change involves the elimination of several administrative fees that, …

Posted In: criminal justice system
Tagged: criminal justice system

NEW LAW MAY IMPACT YOUR POSSIBLE LOVED ONES SENTENCE IN A CRIMINAL CASE

By: Wallin & Klarich

Under California law a defendant who has been convicted of a serious or violent felony and has previously been convicted of a serious or violent felony receives a 5 year enhancement of their prison sentence. This enhancement works in combination with California’s “three strikes law” which doubles the sentencing term for a person who has …

Posted In: Crininal Cases
Tagged: Criminal Cases

About Wallin & Klarich

About Wallin

Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.