Supreme Court Conservative Majority Makes a U-Turn On Life Sentences Without Parole For Juveniles  

By: Wallin & Klarich

Supreme Court Conservative Majority Makes a U-Turn On Life Sentences Without Parole For Juveniles   Due to the recent Supreme Court appointments made by former President Trump, the Supreme Court has now become predominantly conservative. Rulings are now being made by six conservative Justices and three liberal Justices, which means Supreme Court decisions are being weighed …

Posted In: Criminal Defense
Tagged: 8th amendment Jones v. Mississippi Miller v. Alabama Senate Bill 394

Is Criminal Justice Reform Helping Lower the Crime Rate?

By: Wallin & Klarich

In 2010, California began what is being called the “justice reform era.” That is when new legislation, voter-approved initiatives, and court mandates began to make sweeping changes to the state’s justice system. So, is California starting to see the effects of these laws? Recently, a non-profit group Center on Juvenile and Criminal Justice released a …

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Tagged: criminal defense

10 Rules Businesses Selling Marijuana in California Must Follow

By: Wallin & Klarich

Beginning Jan. 1, 2018, businesses in California will be able to apply for a license to sell marijuana. Recently, the California Bureau of Cannabis Control, Department of Food and Agriculture, and Department of Public Health released a nearly 300-page rulebook of regulations that new and established marijuana businesses will have to follow if they are …

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Tagged: criminal defense

California Removes Mandatory Sentence Enhancements for Using a Gun During a Crime

By: Wallin & Klarich

California is strict when it comes to gun laws. For instance, using a gun in any way during the commission of a felony crime carries mandatory prison time. However, this will change when a new law recently passed in California takes effect on January 1, 2018. The law will remove the mandatory prison time for …

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Tagged: criminal defense

California Bail System is Unfair, According to Report

By: Wallin & Klarich

California’s bail system could soon see significant changes after a year-long study recently concluded with a recommendation that monetary bail be replaced with a risk-based assessment system and supervision programs. In October 2016, California Chief Justice Tani Cantil-Sakauye established the “Pretrial Detention Reform Workgroup.” The group recently reported the findings of its study, which include …

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Tagged: criminal defense

How a Fitbit Could Be Used to Find You Guilty of a Crime

By: Wallin & Klarich

Something about the story did not add up. That was the conclusion police came to after interviewing Richard Dabate shortly after his wife, Connie, was found dead in the couple’s basement. Dabate claimed an unidentified man broke into the home, tied him to a chair, then shot and killed his wife after she returned home …

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Tagged: criminal defense

Unlocking the Case: Court Orders All Residents of a Home to Submit Fingerprint to Unlock Smart Device

By: Wallin & Klarich

The Fifth Amendment to the U.S. Constitution protects you from incriminating yourself. However, the Fifth Amendment does not apply to physical evidence, such as your fingerprint. So, what happens when police ask you to use your fingerprint to unlock an iPad? Do you have to provide your fingerprint to police? According to a recent court …

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Tagged: criminal defense

Defendants Can’t Gain Access to Private Social Media of Alleged Victims, Court Rules

By: Wallin & Klarich

It is safe to say that most people have an expectation of privacy when it comes to sending messages and information on Facebook. Although posts on your wall and comments may be readily available for the public to see, you probably expect the private messages you send to remain private. So, when you’re the alleged …

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Tagged: criminal defense

California Moves to Protect Immigrants in Court

By: Wallin & Klarich

Earlier this year, under President Trump’s aggressive immigration policies, Immigration and Customs Enforcement (ICE) agents began keeping a watchful eye on people coming in and out of courthouses, seizing an opportunity to detain immigrants for possible deportation. ICE argued that courthouses made for a safe area to detain suspected illegal immigrants because the security measures …

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Tagged: criminal defense

What We Learned from the 2016 California State Crime Report

By: Wallin & Klarich

The California Department of Justice recently released its annual report on crimes. For the year 2016, several notable trends were spotted. Here is a look at some of the important statistics in the report. Violent Crime Increased for the Second Year In a Row In 2016, violent crimes, including homicide, rape, robbery and aggravated assault, …

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Tagged: criminal defense