Can I Still File A Motion To Set Aside My Conviction Based On Incompetence Of Counsel In California?

By: Wallin & Klarich

The short answer to this question is Yes, for state court cases. A recent ruling by the Supreme Court has cut back a defendant’s ability to challenge their convictions in federal court by taking away the argument that their lawyers were incompetent in the state court proceedings. A federal court considering a habeas corpus petition …

Posted In: Crime Conviction

It May Never Be Too Late to Challenge Your Conviction if You Were Wrongfully Convicted

By: Wallin & Klarich

What happens when you are convicted of a crime you did not commit? Would you serve out the sentence even though you know you were falsely accused? The reality is that you should never stop fighting for your freedom, and the best way to do that is to find an experienced criminal defense lawyer who …

Posted In: Crime Conviction
Tagged: Fight for your conviction

Your Murder Case Could Be Thrown Out if Police Don’t Record the Conversation (PC 859.5)

By: Wallin & Klarich

In a fair criminal justice system, the guilty are punished and the innocent are set free. Unfortunately, our system is not always fair, and innocent people sometimes go to prison for crimes they did not commit. In 2015, 149 people were exonerated nationwide for crimes they did not commit. In 27 of those cases, the …

Posted In: Crime Conviction
Tagged: Custodial Interrogations

New More Liberal California Supreme Court Could Protect Your Rights

By: Wallin & Klarich

In the criminal justice system, there is almost always a way for you to get a second chance. If you are convicted of a crime, you may be able to appeal your conviction. If your appeal fails, you may be able to appeal to a higher court. If you and your appeals attorney persevere, a …

Posted In: Crime Conviction
Tagged: Criminal Appeals Attorney

What Conditions Can a Judge Place Upon You if You are Convicted of a Crime?

By: Wallin & Klarich

Persons convicted of sex crimes against children are often required to stay away from parks and playgrounds as part of their sentence. Someone in California who is convicted of drunk driving could be ordered to stay away from liquor stores. So, is it unconstitutional to order a man convicted of stealing from Home Depot to …

Posted In: Crime Conviction
Tagged: violating probation