6 Proposed California Criminal Laws That Could Change Your Life

By: Wallin & Klarich

The 2017 legislative session is underway and California lawmakers have introduced a flurry of proposed laws. Many of the proposed laws could have a major impact on the California criminal justice system and how certain crimes are punished. From marijuana Breathalyzers to a new crime registry, here are six recently proposed laws that could affect …

Posted In: Criminal Appeals
Tagged: California Criminal Laws

Am I Eligible to Vote if I Have Been Convicted of a Crime in California?

By: Wallin & Klarich

When you have been convicted of a crime, you may lose certain rights. You could lose your right to own a firearm, your driving privileges, or even your right to vote. So, are you eligible to vote if you have been convicted of a crime? The answer depends on many factors. Can I Vote if …

Posted In: Criminal Appeals
Tagged: Eligible for voting

Why Sentencing is the Hardest Part of Criminal Defense

By: Wallin & Klarich

If you’re arrested for a crime, you’re probably wondering how much jail time you could be facing. You hear all the time in news reports and movies about a person facing up to “life in prison.” In reality, figuring out a potential sentence for your crime is more difficult than you think. How Does Sentencing …

Posted In: Criminal Appeals
Tagged: Sentencing

Proposed Ballot Measure Would Eliminate California’s Death Penalty

By: Wallin & Klarich

There is a strong movement under way in California to have the voters of California decide very soon whether our state should abolish the death penalty. In place of the death penalty would be life sentences without the possibility for parole. Many legal scholars have written well researched articles on this topic and have come …

Posted In: Criminal Appeals

SUPREME COURT RULING MAY LEAD TO FEWER FELONIES BEING FILED BY DISTRICT ATTORNEYS STATEWIDE

By: Wallin & Klarich

Now that the US Supreme Court has told the California prison systems they have two years to reduce the California State Prison population dramatically many experts are asking how that will be accomplished. Here are some of the real possibilities Prison inmates serving time for non-violent offenses may be granted parole earlier than their current …

Posted In: Criminal Appeals

What happens when the FBI lies in court?

By: Wallin & Klarich

Judge rules that FBI misled the court and FBI’s statements to court were blatantly false A United States District Court Judge has ruled that the government misled the court in a case involving government surveillance in Southern California’s Muslim-American Community. In 2007, The American Civil Liberties Union filed a lawsuit on behalf of six Muslim …

Posted In: Criminal Appeals

I’ve been sentenced to serve jail time, but I have a job. Is there any way for me to serve my time while still going to work?

By: Wallin & Klarich

For people who have been convicted of lower-level crimes (misdemeanors) but still have work or school obligations, it may be possible to enroll in an inmate worker program – also referred to as “pay & stay.” If permitted by the court, a convicted person can seek to work or attend school during the day and …

Posted In: Criminal Appeals

NEW LAW MAY ALLOW PRISON INMATES TO BE RELEASED FROM PRISON TO SERVE THEIR TIME WHILE CARING FOR THEIR CHILDREN OR DEPENDENTS

By: Wallin & Klarich

Prison: Alternative Custody for “Female inmates, Pregnant inmates, or Inmates Who … [Are] Primary Caregivers of Dependent Children” (Stats. 2010, Ch.644 [S.B. 1266]) A new law that went into effect January on 1, 2011, which authorizes the Secretary of the Department of Corrections and Rehabilitation (DCR) to offer a program for female inmates, pregnant inmates, …

Posted In: Criminal Appeals

Court’s Erroneous Admission of Gang Evidence Resulted in Reversal of Murder Convictions

By: Wallin & Klarich

In a recent decision by the California Court of Appeals, it was held that the trial court erred in admitting irrelevant and highly prejudicial gang evidence of the defendants’ membership in a motorcycle club, where there was no evidence that the club was a street gang or a criminal enterprise, and where the prosecution offered …

Posted In: Criminal Appeals

Juror Misconduct Results in the Reversal of a Defendant’s Criminal Conviction

By: Wallin & Klarich

It was recently reported that a California court held that a juror in a criminal trial was engaged in prejudicial misconduct. The court found that a juror engaged in conversations with a non-juror friend about trial matters concerning the merits of the case, including discussions about the defendant’s decision not to testify. (People v. Cissna …

Posted In: Criminal Appeals