Prevent the District Attorneys from Discovering Your Secrets and Strategies by Hiring Smart and Creative Lawyers
Prevent the District Attorneys from Discovering Your Secrets and Strategies by Hiring Smart and Creative Lawyers
There are serious battles being fought in the field of criminal law as we speak, and most of California is completely unaware of what is happening. This battle is waging especially strong in San Diego, where Wallin & Klarich attorneys are on the front lines. The battle is between criminal defense lawyers who are committed to representing their clients to the fullest extent, and district attorneys. Recently in San Diego,…
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US Supreme Court Reverses Murder Conviction
Today, the US Supreme Court reversed a murder conviction and ruled the introduction of the victim's prior reports of domestic violence to the police violated the defendant's right to confront and cross-examine his accusers. The prosecutor in the case of Giles v. California introduced a police officer's report wherein the victim said the defendant threatened to kill her on a prior occasion. In a 6-3 ruling, the US Supreme Court…
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California Law Bans Cell Phone Use While Driving
A new California Vehicle Code prohibits individuals from using a wireless telephone while driving unless that telephone allows for hands-free listening and talking. Eliciting a fine of $20 for a first offense and $50 for each subsequent offense, this law went into effect July 1, 2008. The law permits a driver to use a wireless telephone in cases of emergencies to call law enforcement, the fire department, or other emergency…
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When Are A Rape Victim’s Prior False Allegations “False Enough”?
When is a prior false allegation of rape by a rape victim really "false enough" to have it admitted at your trial when you are accused of a sexual offense? When an accused is facing allegations of rape or molestation or any related crime and the defendant or his family tells you that the alleged victim has a "history" of bringing false allegations of rape or sexual assault in the…
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Pretext Telephone Calls
A recent report in a newspaper in the United Kingdom reported that police in that country are planning to start using "pretext" telephone calls and text messages in an attempt to get rape suspects to implicate themselves. The tactic involves alleged victims who, under police supervision, contact alleged perpetrators via text message or telephone call in an attempt to get the alleged perpetrator to make admissions that corroborate the victim's…
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Attorney Client Privilege Under Attack
Those attorneys involved in defending persons accused of committing crimes would no doubt agree that no judge, legislator, governor, or president ever lost his or her job for advocating laws that erode the rights of those accused of committing a crime but, indeed the trend is quite the opposite. How often don't you hear of someone riding to victory in a local or national election on a "tough on crime"…
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Supreme Court Lets Child Porn Conviction Stand
In a recent opinion, the United States Supreme Court upheld the validity of a federal child pornography statute. United States v. Williams. In Williams, the Defendant, Williams, using a sexually explicit screen name, signed in to a public Internet chat room. A Secret Service agent had also signed in to the chat room under the moniker "Lisa n Miami." The agent noticed that Williams had posted a message that read:…
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Some Crimes Cannot be Reduced to Misdemeanors
This point was made clear in a recent decision by the California Court of Appeal in People v. Mauch. In that case, the Defendant was convicted of cultivation of marijuana, in violation of Health and Safety Code section 11358. That statute provides that anyone found guilty of cultivation of marijuana shall be "punished by imprisonment in the state prison." The trial court, in reducing the Defendant's conviction to a misdemeanor,…
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More Hate Crme Laws Hit the Books
Much has been written regarding "hate crime" laws and whether enactment of such laws is appropriate or even consistent with the US Constitution. While, on the one hand, crimes committed in the name of "hate" cannot be condoned in a free society, on the other hand, as US Supreme Court Justice Robert Jackson noted: ""If there is any fixed star in our constitutional constellation, it is that no official, high…
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Calculating Child Support
The internet has made it easier and easier for someone to calculate their child support. There are numerous websites that charge fees to calculate child support. People think that all they have to do is plug in the parties income and time share into the DissoMaster (program used to calculate support) to determine the child support. While this is true, it is not completely accurate. There are many factors that…
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