Extending The Statute Of Limitations In Sex Crimes Cases Where The Defendant’s Identity Is Discovered Through DNA Evidence (PC 800-805).
Extending The Statute Of Limitations In Sex Crimes Cases Where The Defendant’s Identity Is Discovered Through DNA Evidence (PC 800-805).
Introduction According to California Penal Code 803(g), a "criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing" for any sex crime listed under PC 290(c). So, what does this mean? When a defendant's identity is discovered through DNA evidence in a sexual offense case, the statute of limitations may be extended for up to one…
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When Can a Judge Raise or Lower My Bail Amount?
You were recently arrested for allegedly carjacking a vehicle. In California, the 2013 Uniform Bail Schedule states that the bail amount for a carjacking in violation of PC 215 is $100,000. May the judge set your bail amount for higher or lower than $100,000? Are there any procedural steps that must be taken before your bail amount can be modified? The "Notice" and "Hearing" Requirements California Penal Code 1270.1(a) states…
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U.S. Supreme Court Rules That Police May Collect Your DNA If You Are Arrested For A Crime
On June 3, 2013, the U.S. Supreme Court held in Maryland v. King that police may collect your DNA sample following an arrest even if you are not later convicted of a crime. The high court ruled that when police make an arrest supported by probable cause and detain a suspect in custody, they may take a "swab" from your body and acquire your DNA . Advocates of the majority's…
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Client Avoids Driver’s License Suspension And Probation Term After Having Charges Of A Minor In Possession Of Alcohol Dismissed (HS 25622(a), VC 13202.5)
Recently, one of our experienced Wallin & Klarich attorney saved his client from receiving a driver's license suspension and probation term after having charges of a minor in possession of alcohol dismissed. Experienced criminal defense attorney, Matthew B. Wallin, had the charges against his client dismissed after meeting with the prosecutor and judge. If convicted, the client could have faced a mandatory one –year driver's license suspension and 3 years…
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Top Criminal Defense Attorney Saves Client From Jail Time After Negotiating Reduced Charges For Possession Of A Gambling Device (PC 330a)
Our Wallin & Klarich client recently avoided jail time after his lawyer negotiated reduced charges for possession of a gambling device pursuant to PC 330a. One of our outstanding criminal defense attorneys persuaded the district attorney to allow his client to plead guilty to a reduced charge under PC 330a after he was found to be in possession of an illegal gambling device. If convicted, the client faced up to 6…
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I Face Embezzlement Charges. How Can Wallin & Klarich Help Me? – PC 503
Embezzlement is defined by Penal Code 503 as a fraudulent appropriation of property by a person to whom the property has been entrusted. Embezzlement is a form of theft. However, the key characteristic of the crime of embezzlement is that the rightful owner of the property must have "entrusted" this property to you. An example of embezzlement is if you are a bank employee and your employer gives a roll…
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For what types of crimes can a minor be charged as an adult?
You are a 17-year old high school student. After class, you are hanging out by the basketball court. You notice a freshman student listening to his iPod. You tell him to give you the iPod. When he refuses, you pin him to the ground, take his iPod, and leave the scene. Now you are being accused of felony robbery. Will you be charged as a minor or an adult? If…
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How can Wallin & Klarich help me clean up my record through an expungement? – California Penal Code (PC) 1203.4
Having a clean criminal record is important to you for several reasons. You may be seeking gainful employment or a prestigious career; or perhaps you are a college student on a career path to becoming a professional. Unfortunately, having a criminal conviction on your record will be an obstacle to achieving these life goals. For example, some employers conduct a background check to make sure that you have a clean record…
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National Safety Board Recommends Dropping DUI Limit From 0.08 To 0.05
On May 14, 2013, the National Transportation Safety Board recommended that all states drop the legal limit for a DUI from 0.08 to 0.05. If this law were to be passed in California it would drastically increase the number of DUI arrests. The NTSB claims that by reducing the legal limit from 0.08 down to 0.05 it would cut the deaths in DUI accidents by more than half. It cited…
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Indecent Exposure in California – PC 314
An indecent exposure charge can have long-lasting severe consequences on your life. Not only is your freedom at stake but your reputation is also in harms way. If you face indecent exposure charges under PC 314, it is important that you immediately contact an experienced criminal defense law firm. Prosecution of Indecent Exposure The prosecution must prove the following two elements in order to convict you of indecent exposure: •…
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