Can I Appeal a Conviction Due to Juror Bias in California?
Can I Appeal a Conviction Due to Juror Bias in California?
Although juries are meant to be impartial, individuals often carry hidden biases or prejudices. This can make it difficult for some defendants to get a fair trial. If you feel like your conviction was a result of juror bias, contact our attorneys at Wallin & Klarich today to see how we can help with your appeal. How Does Jury Selection Work? First, you should be aware of your legal rights…
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California Seeking to Ban Criminal Background Checks for Private Employers
California’s Current Law on Employee Background Checks Existing California law regulates the use of criminal history information in hiring and personnel decisions. While such laws are meant to protect job applicants from discrimination based on their criminal history, applicants with convictions may still suffer prejudice in hiring. All employers reserve the right to run a criminal background check on you, meaning any convictions you have will probably show up even…
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What You Need to Know About the Elder Abuse Act Expansion
In order to protect elderly persons and dependent adults, the Elder Abuse and Dependent Adult Civil Protection Act was expanded at the beginning of this year. Specifically, the Act was broadened to reduce abuse in the form of isolation, which was made worse by the COVID-19 pandemic. The Act allows petitioners to obtain an order enjoining a party from abusing an elder or dependent adult by isolating them. Below, our…
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Failed Bid to Recall LA District Attorney Is a Win for Criminal Justice Reform
Los Angeles District Attorney George Gascón took office in December of 2020. Since then, he has faced two recall bids, both of which have been unsuccessful at removing him from office. Recently, he defended his policies against critics who deem him to be too soft on crime and stated that he would continue working to reform the criminal justice system. Gascón’s Policies on Crime Gascón, who was formerly a top…
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Legally Recording a Police Officer in Southern California
Due to concerns over police brutality and misconduct in recent years, many civilians have taken to recording interactions with law enforcement. Although recording an officer can be illegal under certain circumstances, this can be helpful information in any subsequent investigation into the officer's conduct. For example, if you believe that you have been wrongly stopped or feel that your rights have been violated, or if you witness an officer using…
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Drug Diversion Programs for DUIs in California
What Are Drug Diversion Programs? In criminal law, a diversion is an alternative to criminal prosecution and incarceration, allowing first-time, low-level offenders a chance to participate in a rehabilitation program and subsequently have their charges dismissed. Drug diversion, specifically, offers non-violent drug offenders to get addiction treatment and education instead of jail time. California Penal Code Section 1000 details the requirements that one must meet in order to qualify for…
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California’s New Bills Allow Gun Manufacturers to Be Sued
With the recent rise in gun violence, Governor Gavin Newsom has signed into law two bills allowing individuals and state and local governments to sue gun manufacturers and sellers for negligence. The following article explains the two bills, Assembly Bill 1594 and Senate Bill 1327, in detail. Assembly Bill 1594 While existing law generally regulates the transfer and possession of firearms and provides for various private rights of action, Assembly…
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Southern California Courts Reinstate Bail for Non-Violent Offenders
What Was California’s Emergency Bail Schedule? Beginning in April 2020, the Los Angeles Superior Court adopted an emergency bail order in order to limit the spread of COVID-19 in jails. In essence, the order allowed those accused of misdemeanors and lower-level crimes to continue working and living at home rather than staying in overcrowded jails. The emergency bail schedule stated that bail for all misdemeanor and felony offenses had to…
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Challenges to California’s Three Strikes Law
What Is California’s Three Strikes Law? In 1994, California enacted the Three Strikes law. In essence, this law punished repeat offenders by increasing the sentencing terms for each subsequent crime after the first. The law grants that if you are convicted of a felony after you already have one prior conviction, you will be sentenced to state prison for twice the normal sentence for the crime committed. If you are…
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California Ends Arrests for Loitering for Prostitution
California’s Prostitution Laws Prostitution, also known as the "world's oldest profession," is the act of engaging in sexual activity for compensation and is prohibited in virtually all 50 states. Call girls, escorts, streetwalkers, and brothels are all examples of prostitution. A person who solicits, consents to engage in, or engages in any act of prostitution with the intent to receive money or compensation from another person is guilty of the…
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