Is Sleepwalking a Valid Criminal Defense?

By: Wallin & Klarich

The Science Behind Sleepwalking  Sleepwalking is a parasomnia, or sleep disorder, that affects about 20 percent of people throughout their lives. While most instances of sleepwalking disappear during childhood, some people continue to sleepwalk as adults. This can be caused by a chemical imbalance, fatigue or stress, or alcohol or drug abuse. In most cases, …

Posted In: Criminal Defense

With New Exceptions, Employers Can Mandate That Employees Get Vaccinated

By: Wallin & Klarich

With New Exceptions, Employers Can Mandate That Employees Get Vaccinated With an increased presence of the delta variant of covid-19 sweeping across the nation, institutions are being forced to make tough decisions when it comes to the vaccine. Many colleges, like California state schools, are requiring vaccines to attend on-campus classes and live in on-campus housing. …

Posted In: Criminal Defense
Tagged: covid 19 vaccine

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 …

Posted In: Criminal Defense
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 …

Posted In: Criminal Defense
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 …

Posted In: Criminal Defense
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 …

Posted In: Criminal Defense
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 …

Posted In: Criminal Defense
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 …

Posted In: Criminal Defense
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 …

Posted In: Criminal Defense
Tagged: criminal defense