You Can’t Sue Police for Violating Your Miranda Rights

By: Wallin & Klarich

The Case of Vega v. Tekoh  The case of Vega v. Tekoh involved a sexual assault investigation at a medical facility in Los Angeles. The prime suspect, Terence Tekoh, worked at the facility and was interrogated by a deputy sheriff, Carlos Vega. Vega did not provide Tekoh with his Miranda rights, which are a type …

Posted In: Miranda Rights

People v. Padilla | Proposition 57 During Resentencing

By: Wallin & Klarich

What Is Proposition 57?  In November of 2016, California voters passed Proposition 57, changing the way that juveniles could be charged for crimes. Prop 57 was part of an effort to reform the state’s criminal justice system, highlighting more lenient treatment for children. For juveniles, this meant that prosecutors could no longer directly determine whether …

Posted In: Juvenile Justice Reform

Is Sleepwalking a Valid Criminal Defense?

By: Wallin & Klarich

The Science Behind Sleepwalking  Sleepwalking is a parasomnia, or sleep disorder, that affects about 20 percent of people throughout their lives. While most instances of sleepwalking disappear during childhood, some people continue to sleepwalk as adults. This can be caused by a chemical imbalance, fatigue or stress, or alcohol or drug abuse. In most cases, …

Posted In: Criminal Defense

California Advances Bill for Legal Drug Injection Sites

By: Wallin & Klarich

California’s Existing Controlled Substances Law  Currently, California law prohibits possessing or using certain controlled substances. In severe cases, violation of such a statute can be charged as a felony punishable by up to 3 years in state prison. Additionally, existing law prohibits being in any room where controlled substances are being unlawfully used or maintaining …

Posted In: Drug Offenses

Smoking Marijuana While Speeding Can Lead To A Murder Conviction If Someone Is Killed

By: Wallin & Klarich

In People v. Murphy, the California Court of Appeal considered whether there was sufficient evidence to find implied malice in a vehicular homicide case, where the defendant was smoking marijuana and then drove his car 88 mph in a residential area.  The defendant, Murphy, was smoking marijuana in his vehicle when getting an oil change. …

Posted In: Murder

Can I Still File A Motion To Set Aside My Conviction Based On Incompetence Of Counsel In California?

By: Wallin & Klarich

The short answer to this question is Yes, for state court cases. A recent ruling by the Supreme Court has cut back a defendant’s ability to challenge their convictions in federal court by taking away the argument that their lawyers were incompetent in the state court proceedings. A federal court considering a habeas corpus petition …

Posted In: Crime Conviction

California Law Struck Down In Order To Protect Second Amendment Rights

By: Wallin & Klarich

The California Court of Appeal discussed the issue of whether California’s ban on semiautomatic rifles for young adults violated the Second Amendment by burdening the right to home self-defense and did not reasonably fit the objective of reducing violence.  In 2021, California prohibited the sale of semiautomatic rifles to young adults under the age of …

Posted In: Gun Sales

California’s Gun Control Bills Following Texas School Shooting

By: Wallin & Klarich

What Happened in Uvalde, Texas?   On May 24, 2022, a deadly massacre took place in Uvalde, Texas. A gunman entered Robb Elementary School and killed 19 students and two teachers before he himself was killed by a law enforcement officer. This marked the deadliest school shooting in the United States in a decade.  The gunman, …

Posted In: Fire Arms & Weapons

Ochoa v. Davis | A Witness’s Credibility

By: Wallin & Klarich

9th Circuit Court of Appeals recent holding that habeas corpus applicant was required to show prejudice for a Brady violation in order to sustain the application Ochoa was convicted in 1998 for a series of violent crimes against three female victims over a six-month period the previous year including murder, kidnapping, forcible rape, and assault …

Posted In: Appeals

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.