Making Sure Your Lawyer is Familiar with Current Law
Making Sure Your Lawyer is Familiar with Current Law
The lawyers at the Wallin & Klarich San Diego office spend a great deal of their time in court representing clients accused of crimes. We know the judges. We know the prosecutors. We know the other criminal defense lawyers. And we know the law. Because we have so many opportunities to see other lawyers in court, we also know that many of them do not know the law. By way…
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Exercising Your Right To Remain Silent
"I 'ain't' telling you nothing." Believe it or not, the United States Constitution allows you to tell that to any law enforcement agent, when questioned by them! Under the Fifth Amendment to the Constitution, we all have a right to remain silent! While many of us might have learned about this right in grade school, most times we forget about it and do not exercise it. Chances are most of…
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Undocumented Gang Members Run Risk of Being Deported
"Go Back to Your Country!" This is what several Los Angeles gang members could be hearing soon if some local politicians have their way. Dennis Zine, a Los Angles City Councilman, proposed a policy last week that would require police officers from the LAPD to report gang members who are in the United States (US) "undocumented" (and/or illegally) to Immigration officials! As part of the policy, police officers would…
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Phone Calls Made From San Diego Jails
Do the police listen to calls coming from the jail? Absolutely! The San Diego Sheriff tapes every call made from the jail. Here's how it works. Inmates can call out collect. To make the call, they are supposed to use their booking number. The calls are all saved in the computer. The people on the sheriff system can simply enter the booking number and up pops all calls made using…
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A Death Can Be Lethal
You can be put to death by lethal injection! This is the ruling of the United States Supreme Court. The court ruled a few weeks ago that it was constitutional for states to execute certain condemned criminals, as long as the procedure was done properly. States had halted executions for seven months, so this issue could be decided by the Supreme Court. In California violent felony convictions, there was a…
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DRUG TESTING IN FAMILY LAW MATTERS
It is not uncommon for parties in a family law case to allege drug use and drug abuse against the other parent in custody disputes. The most common methods used today to determine if someone is "dirty" or has used illegal drugs recently is the use of the hair follicle test and the urine test. The hair follicle drug test can trace the use of illegal drugs over the past…
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JUDGE THROWS OUT BREATH TEST RESULTS
A judge in Arizona has thrown out 49 breath test results because the breath machine's manufacturer has refused to turn over the internal workings of the machine to the defense. The internal workings or "source code" is the computer code that is used by the manufacturer to measure the blood alcohol concentration in a person's breath. A recent study has found that if the source code was inaccurate the breath…
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JUDGE GRANTS DEFENDANT NEW TRIAL WHEN PROSECUTION VIOLATES DEFENDANTS RIGHT BY FAILING TO TURN OVER DISCOVERY
When you are accused of a crime the prosecution must turn over discovery to your California criminal defense lawyer so that he can assist you to prepare your defense. In a recent federal criminal prosecution the defendants conviction was reversed when a federal judge found that the prosecution had "persistently and recklessly violated its constitutional responsibilities to discovery and disclose crucial information" to the defense. The court was extremely upset…
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YOUR FELONY CASE MUST BE DISMISSED IF YOUR PRELIMINARY HEARING IS DELAYED BEYOND STATUTORY TIME PERIOD
A recent court of appeals opinion has ordered that felony charges be dismissed against a defendant when his preliminary hearing was continued due to the illness of the prosecutor and when the sheriff failed to bring the defendant to court to waive his right to an earlier hearing. The court held that once your preliminary hearing commences you have the right to have it concluded without interruptions. In this case…
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I Want More Child Support
Is the child support payment that you are receiving not what it should be? Or, is the father or mother of your child not paying any child support at all, even though they should be? Or, are you are paying too much child support? If you answered yes to any one of these three questions, you are not alone. With the divorce rates in California and across the nation on…
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