Should Ex-Felons Be Allowed to Serve As Jurors?
Should Ex-Felons Be Allowed to Serve As Jurors?
A felony conviction in California means that the person convicted will not only spend time in county jail or state prison, but will also lose several rights, such as the right to own firearms and the right to vote. A felony conviction also means that a person cannot serve on a jury. While there are many people who would rather never have to step foot in a court to serve…
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No More Fees in California?
When it comes to criminal justice reform, California likes to do things differently. The past few years have seen changes to the types of offenses that result in jail time, a reduction in penalties for non-violent crimes, and the elimination of cash bail. The latest proposed change involves the elimination of several administrative fees that, while not part of a sentence for a crime committed, are just as punishing to…
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NEW LAW MAY IMPACT YOUR POSSIBLE LOVED ONES SENTENCE IN A CRIMINAL CASE
Under California law a defendant who has been convicted of a serious or violent felony and has previously been convicted of a serious or violent felony receives a 5 year enhancement of their prison sentence. This enhancement works in combination with California’s “three strikes law” which doubles the sentencing term for a person who has a prior serious or violent felony. For example: Mark is charged and convicted of residential…
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What happens when a warrant has been issued?
If a warrant has been issued in your name you may have a lot of questions. Wallin & Klarich has been helping people just like you for over 35 years to ensure that their legal rights are defended and preserved. Why was a warrant issued? A warrant was likely issued because a law enforcement officer or district attorney was able to collect sufficient evidence (probable cause) that you were the…
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What is the Difference Between a Straight Felony and a Wobbler Offense?
In California, crimes are classified as either an infraction, a misdemeanor, or a felony. If guilty of an infraction, you often are only required to pay a fine and face no other penalties. If you are convicted of a misdemeanor, jail time becomes a possibility but typically you would face no more than 1 year in county jail. As the most serious type of crime, felonies carry severe penalties that…
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California Law Banning Gun Magazines Back in Effect
In the United States, California stands out for its expansive gun laws that constantly evolve to be forward-thinking while attempting to not harshly infringe on Second Amendment rights. The increasing frequency of mass shootings and gun-related crimes resulted in previous California governor Jerry Brown signing new laws that gave the state some of the strictest gun laws in the country. Gun Law Back in Effect However, on March 29, U.S.…
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Local Governments Challenging Door-to-Door Cannabis Delivery in California
Beverly Hills and 24 other local governments sued on Friday to overturn a ruling that allows licensed cannabis delivery statewide. The cities argue that the rule undermines Proposition 64—which guaranteed cities and counties local control over cannabis activities. Since California’s legalization of adult cannabis use in 2016 through Prop 64, it has failed to see the fiscal growth that other legal states such as Colorado and Oregon have experienced.…
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Crime Down in Los Angeles, According to Mayor
As one of the largest cities in the United States, Los Angeles is prone to widespread crime of varying types. That’s why it should come as no surprise that city officials will celebrate any reduction in crime. Los Angeles’ Mayor Eric Garcetti and Police Chief Michel Moore announced that crime is down in every category and that homicides are at the second-lowest number since the 1960s. Homicides in LA at…
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Does the Change to Felony Murder Law Violate the Constitution? (PC 189)
One of the major changes to the law that took effect in 2019 is the revised felony murder rule. Previously, under California Penal Code Section 189, you could be convicted of murder if you were involved in a felony crime where another person committed the act of killing someone. However, under Senate Bill 1437, this law recently changed, but a California judge ruled that a felony murder case could proceed,…
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Supreme Court Restricts Government’s Power to Seize Property (Timbs v. Indiana)
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Eighth Amendment to the U.S. Constitution is only sixteen words and one sentence but it is one of the most powerful protections in our nation. It essentially means that the punishment must fit the crime. So, what happens when a fine is excessive? Does it violate the Eighth Amendment? These questions were recently…
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