Federal Court Rules That Poker Is Not “Gambling” and Reverses Conviction Of Defendant Accused of Unlawful Gambling Business
Federal Court Rules That Poker Is Not “Gambling” and Reverses Conviction Of Defendant Accused of Unlawful Gambling Business
WOW!!!! It sure looks like the door may be opening for the legalization of poker in your home. A federal court judge after hearing expert testimony ruled that poker is not considered gambling because it is not a "game of chance". The court ruled that since poker is considered a game of skill it does not violate the laws pertaining to unlawful gambling. While this federal court decision is not…
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Voters Must Vote Yes On Proposition 34 To Abolish Death Penalty In California
A recent study by a federal appellate court judge and a law school professor indicated that the prosecution and implementation of the death penalty in California costs our taxpayers as much as 4 BILLION DOLLARS PER YEAR. Our state is bleeding red ink and we are not able to properly educate our children, take care of our elderly or to begin to rebuild roads that are in dire need of…
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Defenses that can be used in lewd conduct cases.
If you are charged with committing a lewd act in a public place, legal defenses could include: 1- Your conduct was not in public or exposed to public view. Your attorney would have to take pictures and conduct an investigation establishing that the area you were caught was not public and not open to public view. Consensual sex acts are not illegal between adults if done privately. 2- The conduct…
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Law Student Convicted of Domestic Violence (Penal Code Section 273.5)
Late last year, in Laguna Niguel – Pete Roca, a 46-year-old law student, was arrested in connection with an alleged felony domestic violence incident. Roca, originally was charged with two felony counts, one of domestic violence and another count of assault with a deadly weapon. In addition to the two felony counts, he was charged with two misdemeanor counts of cruelty to animals and violation of a restraining order. Subsequently,…
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If You Lie To The Cops You Can Spend A Year In Jail And Pay A Fine Of $100,000
When we tell people to never, ever, ever speak to the cops, we mean it. We have seen horrible things happen to those that decide to speak to the cops over 30 years of helping people accused of crimes. The latest victim of major stupidity is Hollywood Director John McTiernan, who is about to spend one year in county jail and pay a fine of $100,000 after he was found…
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Sandusky molest victim sues Penn State for allowing Sandusky to molest him
The psychological damage done to your molest victims can negatively impact them for the rest of their life. It certainly appears from all accounts that those in authority at Penn State knew that Sandusky was engaged inappropriate conduct with minors and took no action to prevent him from continuing to abuse more minors. For the sake of these victims I certainly hope Penn State has a very large insurance policy.…
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What exactly is rape in the State of California? (PC 261)
With the controversy surrounding the idiotic comments made by Congressman Akin recently about whether a "rape victim" can prevent becoming pregnant during the rape, an issue has come up as to what is considered "legal rape." It should seem clear to a sane person that it is against the law to have sexual intercourse with another person who does not consent. However, California Penal Code 261 has outlined many different…
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NEW RULING: JUVENILES MUST BE GIVEN CHANCE AT PAROLE WHEN SENTENCED TO DECADES IN PRISON
Wallin & Klarich's experienced juvenile defense attorneys in Orange County inform you that in a victory for juveniles who commit crimes in our state, the California Supreme Court decided it was "cruel and unusual punishment" to convict a juvenile to a lengthy prison sentence without providing the juvenile with an opportunity to convince the court he should be given a parole date. Currently the law in California allows juveniles who…
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San Bernardino Man was Found Guilty of 2 Counts of Arson (PC 451) and 5 Counts of Murder (PC 187)
On August 15, 2012 Mr. Rickie Lee Fowler - the man who was accused of starting a fire in San Bernardino that led to 5 people to die from heart attacks - was convicted of five counts of first degree murder (PC 187) and two counts of arson (PC 451), and he faces the possibility of being sentenced to the death penalty in California. In addition, the death penalty phase…
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WORK PERMITS FOR UNDOCUMENTED ALIENS WHO WERE BROUGHT TO US AS CHILDREN TO BE ISSUED AS OF AUGUST 15, 2012
Your Orange County defense attorneys at Wallin & Klarich gladly announce that as of today, Wednesday, August 15, 2012 President Obama's promise to help young undocumented persons who were brought to the US as children begins to come true. As of August 15, 2012 those persons who are in the US illegally, but were brought to the US when they were young can apply for a work permit. This program…
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