Issue of Voluntary Manslaughter Fuels Controversy in Zimmerman Case
Issue of Voluntary Manslaughter Fuels Controversy in Zimmerman Case
Protests nationwide over the recent acquittal of George Zimmerman are continuing. Six female jurors in Seminole County had the option of finding Zimmerman guilty of second-degree murder or the lesser charge of voluntary manslaughter. Zimmerman, a member of the Neighborhood Watch team in his community, was charged after he shot 17-year-old Treyvon Martin following a scuffle. Zimmerman claimed innocence citing Florida's Stand Your Ground law, which states that a person…
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5 Things You Want To Know If Police Find Your Marijuana Scented Package
Recently, the California State Supreme Court ruled that law enforcement officials can seize a package smelling of marijuana without first obtaining a warrant. However, a judge must sign off on a warrant in order for law enforcement personnel to search the contents of the package. If you ever find yourself in a situation where a police officer suspects that a package in your possession contains marijuana, here are 5 very…
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Are Employers Using Criminal Record Background Checks To Unlawfully Discriminate?
Recently, the U.S. Equal Employment Opportunity Commission (EEOC) brought federal lawsuits against car manufacturer BMW and retailer Dollar General. The EEOC alleged that the two companies have been using criminal background checks to unlawfully discriminate against individuals on the basis of race, gender, ethnicity, religion, and disability status. EEOC v. BMW Manufacturing Co., LLC On June 11, 2013, the EEOC filed a federal lawsuit on behalf of 69 individuals against…
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Should Those Convicted Of Child Pornography Pay Restitution To Victim(s) Depicted In The Content? PC 311
On June 27, 2013, the United States Supreme Court announced that it will grant review of Paroline v. U.S., 12-8561, this fall or winter in order to decide whether victims of child pornography can seek restitution from individuals convicted of viewing their sexual exploitation. The controversy centers on a lawsuit filed by a Pennsylvania woman, identified only as "Amy", who was sexually abused by her uncle as a child. Her…
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Why is George Zimmerman Still On Trial For Murder?
Why is George Zimmerman on trial for murder? We can only blame the Florida prosecutors pursuing the case if an acquittal results in violence. As a criminal defense attorney with over 30 years of experience, I watched with great interest as George Zimmerman was arrested and accused of murdering Trayvon Martin. From the outset of this matter, it was clear to me that law enforcement personnel were not excited about…
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Celebrating the 4th of July in Newport Beach? Watch Out for These 5 Crimes. (PC 240, PC 459, PC 488, PC 647(f), VC 23152(a), VC 23152(b)).
According to the OC Register, more than 100,000 visitors packed into Newport Beach, California to celebrate the Fourth of July in 2012. Newport Beach has approximately 85,000 permanent residents. If you plan to celebrate this year's festivities in Newport Beach, remember to party responsibly. The Newport Beach Police Department's crime statistics indicate that the following five crimes typically experience a significant rise during the month of July: 1. Public Intoxication…
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When Can You Be Charged For A DUI in Ventura?
You recently attended a friend's birthday party and had a few drinks. You made certain to control your alcohol intake in order to remain under the legal blood alcohol content (BAC) limit for drivers. Just before arriving home, you were stopped by a police officer and asked to perform a breathalyzer test. You were charged with driving under the influence of alcohol (DUI) under Vehicle Code Section 23152(a) after blowing…
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When Speaking to the Cops, Your Silence May Bite You in the Butt
At Wallin & Klarich, we always tell our clients to NEVER speak to the police. Unfortunately, many individuals often make the terrible decision of speaking to the police despite our legal advice. In most cases, speaking to the police is a one-way ticket to jail time and a criminal record. The United States Supreme Court recently underscored this reality by ruling on a 5-4 vote that a prosecutor may introduce…
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Applying for a California Governor’s Pardon for Immigration
Will I be able to apply for citizenship if the Governor's Pardon is granted? An individual who has a prior criminal record and has been convicted of a crime in the State of California may apply for a pardon from Governor Jerry Brown. Only the Governor is capable of granting the honor of a "gubernatorial pardon" to people who have demonstrated exemplary behavior following their conviction. Pardons are only granted…
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I Am Accused Of Cyberstalking My Ex-Girlfriend. What Does This Mean? (Penal Code 646.9)
Following a breakup with your long-term girlfriend, you emailed her to see how she was doing. You initially sent a couple of messages, but did not receive a response from her. Frustrated by her lack of response, you decided to send her several threatening emails every day for a month. Now, you are being accused of cyberstalking under California Penal Code section 646.9. If you are confronted with accusations of…
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