“Statutory Rape” Law in California
“Statutory Rape” Law in California
Under California Law, it is illegal for any person to have consensual sex with any person who is under the age of 18. The applicable statute in California is penal code section 261.5, or "unlawful sex with a minor". It is important to understand that as the disparity in age between the alleged victim and the defendant increases, so does the potential punishment the defendant faces in criminal court. If…
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Resisting and Evading Arrest
"I got drunk and I got real stupid." Let me guess…then you invited the cop and his partner to a friendly game of "meet my fist" or tried to outrun the cop by playing a quick game "drunk tag". I hear this all the time. This is usually a good combination for a court date. You'll be charged with fighting in public, public intoxication, and resisting arrest or evading arrest.…
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The District Attorney and reports on your criminal case.
Charged with a crime or DUI? Think you are getting all the information on your case? Think again. The District Attorney or court will only provide a police report. There is more. A copy of the police dispatch may help you. There are calibration records for the breath or blood tests. Were instruments operating properly? There are records of repairs. Are there tape recordings or pictures? You won't get them…
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DEFENDING PERSONS ACCUSED OF SEX CRIMES
Wallin and Klarich has been successfully defending persons accused of California sex crimes for over 30 years. Being accused of a sexual offense in California can have a devastating impact on ones life. If convicted, such a crime would carry a life-time of registering as a sex offender. Wallin and Klarich knows what it takes to win. We have defended many people for alleged lewd conduct or child abuse and…
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“I will only marry you if we get a Prenup”
Are you thinking about getting married but are scared off after seeing so many of your friends and family go through horrible divorce proceedings? If this is you, you are not alone. Most people know or have heard of someone that has lost half or more of their fortune as a result of a divorce. The reason for this is California's Community Property laws, which basically state that whatever is…
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LIMITED SCOPE REPRESENTATION
Going through a divorce or any family law matter involves many issues including custody, visitation, support, and a division of community property assets and debts. It can be a harrowing experience and emotionally draining for the parties involved and not to mention the costs of retaining an attorney to represent you throughout the case. It can be a lengthy process and involve lots of attorney's fees for both sides. An…
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DNA EVIDENCE MAY HELP OVERTURN YOUR CONVICTION
State laws across the nation are being passed to allow persons who have been convicted of crimes to challenge their convictions by the use of new DNA testing procedures. It has been reported that over 200 persons convicted of crimes have had their convictions reversed due to the use of DNA evidence. Due to the many wrongful convictions that have occurred, the California legislature recently passed a law that now…
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IF YOU WANT TO WIN YOUR CASE, DO NOT TALK TO THE COPS
Many times a police officer will tell you that it is in your best interest to speak to them about the facts of your case. They will often tell you things will "go easier" for you if you talk to them. They might tell you that they can put in a good word with the DA if you talk to them. They even might suggest that if you talk to…
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Don’t Get Zapped By Trial Preparation
San Bernardino prosecutors are considering filing charges of illegal human experimentation against a defense attorney and his hired consultant. The hired consultant videotaped the client being shocked with a stun gun to show the effects of an alleged police assault on the client. The attorney said he conducted the test because the taser manufacturer would not provide information detailing injuries that result from being tasered. The videotape was shown during…
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STOP REGISTERING AS A SEX OFFENDER!
If you are currently registering as a sex offender in the state of California, there is hope that it will not be for life. California Penal Code Section 290 mandates certain criminal offenders be required to register as a sex offender for life. While that is true, there are legal solutions available that can stop the registration. Wallin and Klarich have helped many people fight the registration requirement often due…
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