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California is strict when it comes to gun laws. For instance, using a gun in any way during the commission of a felony crime carries mandatory prison time.

However, this will change when a new law recently passed in California takes effect on January 1, 2018. The law will remove the mandatory prison time for using a gun during a crime.guns_weapons_firearms_pointing-278x300

California Ends Mandatory Sentence for Using Firearm During Crime (SB 620)

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Every day, people get arrested for domestic violence after having an argument with their spouse. Many people accused of domestic violence have no prior criminal record. The district attorney may try to take advantage of this by offering a plea bargain in which the accused avoids jail time. It is important to retain an experienced southern California domestic violence attorney who knows the law to help you with your case before you consider accepting a plea bargain and entering a guilty plea.

One of the reasons why it is important to seek the help of an experienced domestic violence attorney is so that you can fully understand all of the consequences you face if you are convicted of this crime. Not only do you face potential jail time and expensive fines, you could be subject to penalties that will impact you for the rest of your life, including losing your right to own or possess a firearm.

Domestic Violence Penalties

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California’s bail system could soon see significant changes after a year-long study recently concluded with a recommendation that monetary bail be replaced with a risk-based assessment system and supervision programs.

In October 2016, California Chief Justice Tani Cantil-Sakauye established the “Pretrial Detention Reform Workgroup.” The group recently reported the findings of its study, which include the fact that California’s money bail system is “unsafe and unfair.”

Does this mean bail reform is on its way?

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Something about the story did not add up. That was the conclusion police came to after interviewing Richard Dabate shortly after his wife, Connie, was found dead in the couple’s basement.fitibt_promo-300x242

Dabate claimed an unidentified man broke into the home, tied him to a chair, then shot and killed his wife after she returned home from the gym. He claimed he came home from work to get his laptop to find an intruder upstairs. He could not remember whether he set the alarm on the house, and claimed the intruder killed Connie and tried to use a torch on him. Dabate stated he wrestled with the intruder and burned him with the torch, causing him to flee.

However, police found no evidence of a struggle, no forced entry and nothing had been taken from the home. K-9 units found no scent of the mysterious attacker. Then, a piece of technology ultimately led investigators to determine that Dabate was lying.

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The Fifth Amendment to the U.S. Constitution protects you from incriminating yourself. However, the Fifth Amendment does not apply to physical evidence, such as your fingerprint. So, what happens when police ask you to use your fingerprint to unlock an iPad? Do you have to provide your fingerprint to police?cellphone_smartphone_text_sext-300x169

According to a recent court case, police have a right to ask you for your fingerprint. Why is providing your passcode to unlock your phone protected by the Fifth Amendment while your fingerprint is not?

Touch ID and Your Right to Your Fingerprint

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Innocent people are convicted of crimes far too often. Ed Easley is one of those people.

In 1993, Easley was convicted of molesting a 7-year-old girl. He served eight years in prison, five more on probation, and was required to register as a sex offender for life. Years after his conviction, the alleged victim came forward and confessed to lying about Easley’s actions to protect a family member who actually committed the crime. However, the courts would not allow Easley the opportunity to legally prove his innocence.breaking_handcuffs_2-300x197

The Writ of Habeas Corpus

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California has been dealing with the issue of prison overcrowding for the past several years. During that time, the state has passed various laws to help reduce the prison population. With prison overcrowding still an issue, California Governor Jerry Brown recently passed two new laws that affect some of the oldest prison inmates and those who committed crimes at a young age.Prison_Inmates-300x145

The Elderly Parole Program (AB 1448)

One of the new laws passed in California helps inmates 60 years old or older seek release from custody. Assembly Bill 1448, introduced by Assemblywoman Shirley Weber, establishes the Elderly Parole Program, which aims to reduce the expensive costs of housing elderly inmates with health issues.

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It is safe to say that most people have an expectationInternet_Social-Media_Computer_Cellphone.jpg of privacy when it comes to sending messages and information on Facebook. Although posts on your wall and comments may be readily available for the public to see, you probably expect the private messages you send to remain private.

So, when you’re the alleged victim of a crime, you probably have the same expectation of privacy. However, this expectation of privacy was recently called into question in a California criminal case.

Defense Lawyers Ask Facebook for Access to Alleged Victim’s Social Media Account

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Recently, we’ve seen that sports can spark controversy. gavel_4-300x199NFL players have taken knees and locked arms during the national anthem to protest inequality and injustice, but the NFL isn’t the only form of football causing controversy.

A high school football coach who prayed at the 50-yard line after a game has sparked a debate over the separation of church and state. Are coaches allowed to pray on the field?

High School Football Coach Fired for Praying on the Field

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Earlier this year, under President Trump’s aggressive immigration policies, Immigration and Customs Enforcement (ICE) agents began keeping a watchful eye on people coming in and out of courthouses, seizing an opportunity to detain immigrants for possible deportation. ICE argued that courthouses made for a safe area to detain suspected illegal immigrants because the security measures at courts help remove the possibility of an armed confrontation. March, California Chief Justice Tani Cantil-Sakauye wrote to Attorney General Jeff Sessions and Department of Homeland Security (DHS) Secretary John Kelly asking their departments to cease the “stalking [of] undocumented immigrants in our courthouses to make arrests.”

In her letter, she made the argument that the threat of deportation prevents witnesses and victims of crimes from coming forward, which makes the communities in which they live less safe.

About Wallin & Klarich


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.