Supreme Court Restricts Government’s Power to Seize Property (Timbs v. Indiana)

By: Wallin & Klarich

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Eighth Amendment to the U.S. Constitution is only sixteen words and one sentence but it is one of the most powerful protections in our nation. It essentially means that the punishment must fit the crime. So, what happens …

Posted In: News & Information

Law Eliminating Cash Bail Halted and Will Appear on 2020 Ballot

By: Wallin & Klarich

Last year, Senate Bill 10 (SB 10) was signed into law by then-governor Jerry Brown. When it was set to become effective on October 1, 2019, the law would have eliminated California’s cash bail system and replaced it with a risk assessment system where judges determine if a person accused of a crime should be …

Posted In: Ballot
Tagged: Ballot

House Democrats Propose Law to Expand Background Checks for Gun Sales

By: Wallin & Klarich

The U.S. House of Representatives changed dramatically during the 2018 mid-term elections, leaving the Democrats as the majority. With this shift in power, Democrats are expected to push laws for causes they are passionate about. One of those causes is gun control. A new law introduced recently by Democratic leaders Nancy Pelosi, Mike Thompson and …

Posted In: Gun Sales
Tagged: Gun Sales

Court Rules Police Can’t Force You to Unlock Your Phone

By: Wallin & Klarich

Facial recognition. Retinal scans. Fingerprint sensors. These used to be the kinds of technology you would only see in a sci-fi movie. Now, they are all ways to unlock your smartphone. Rapid changes in technology have left many important legal questions about what the police can and cannot do when it comes to searching your …

Posted In: Phone
Tagged: Phone

Can I Avoid Jail Time for a Felony Probation Violation?

By: Wallin & Klarich

If you are convicted of a felony offense, serving felony probation may be a more favorable option than serving a prison sentence. However, felony probation often comes with very strict terms. If you fail to comply with all of these terms, you could face severe consequences. So, will you go to jail or prison for …

Posted In: Probation and Parole

Am I Eligible for a Certificate of Rehabilitation?

By: Wallin & Klarich

Have you been convicted of a felony in California or been convicted of a felony or misdemeanor sex offense that requires you to register as a sex offender? If so, you may not have to carry the weight of your past on your shoulders anymore. With a Certificate of Rehabilitation, you can move on with …

Posted In: Clearing Your Criminal Record

Orange County Sheriff’s Department Finds Loophole in California Sanctuary State Law

By: Wallin & Klarich

While President Donald Trump’s Administration has taken a hardline stance against illegal immigration, the state of California has passed laws that make it difficult for federal immigration agents to find and arrest undocumented immigrants within the state. One such law is the California Values Act (Senate Bill 54), which took effect this year. This “sanctuary …

Posted In: Immigration Matters
Tagged: Immigration Matters

Do Ring Doorbell Cameras Violate Wiretapping Laws? (PC 632)

By: Wallin & Klarich

Companies like Ring make doorbells that allow video and audio to be recorded when motion is detected near your front door. It is now easier than ever to install security cameras in different rooms of your house to keep an eye on your pets or property while you are away. This technology may help you …

Posted In: Wiretapping Laws
Tagged: Wiretapping Laws

California Lawmakers Proposing 10 New Gun Laws

By: Wallin & Klarich

The recent school shooting at Stoneman Douglas High School in Florida has sent shockwaves throughout the country and sparked a national debate about gun control. California already has some of the strictest gun laws in the country, but lawmakers are proposing 10 new gun laws in the wake of this school shooting. Expanding the Definition …

Posted In: Law & Information
Tagged: Law & Information

Can My Wife Drop Corporal Injury on a Spouse Charges? (PC 273.5)

By: Wallin & Klarich

Under California Penal Code Section 273.5, the crime of inflicting corporal injury on a spouse is defined as using physical force on a current or former spouse or significant other, mother or father of your child or cohabitant that results in that person suffering a traumatic condition. If you are convicted of inflicting corporal injury …

Posted In: Corporal Injury On A Spouse
Tagged: Corporal Injury On A Spouse