Criminal Defense
Can Social Media Prevent Future Crimes?
In 2002, Steven Spielberg directed Tom Cruise in the movie Minority Report. Spoiler alert: the movie’s plot focused on a detective in a futuristic world where the police used the gifts of three people who could see into the future to stop crimes before they could happen. Fourteen years after that movie’s release, it seems that all Cruise’s character would have needed is some Internet savvy to find out whom…
Read MoreWas Sean Penn’s Meeting with El Chapo a Crime?
In one of the stranger bits of news to start 2016, Sean Penn, the Academy Award-winning actor and director, secretly met with and interviewed one of the world’s most wanted fugitives, Joaquín Archivaldo Guzmán Loera, aka “El Chapo.” Guzmán is the head of the Sinaloa drug cartel, one of the largest criminal organizations in Mexico. Mexican actress Kate del Castillo arranged the interview after the drug lord approached her about…
Read MoreHas Prop 47 Increased Crime in California?
There is a Latin phrase that many attorneys learn in law school: “post hoc, ergo propter hoc.” Basically, that phrase translates to “after this, therefore because of this.” When one event is seemingly related to an event that follows it, there is a tendency to assume the second event was caused by the first event. However, this principle of causation is generally not true. Applying this idea would be like…
Read MoreNew Laws for California in 2016
It has been famously said that ignorance of the law is no defense. With that in mind, the lawyers at Wallin & Klarich are here to remind you that with each new year comes new laws that you need to know about. By keeping yourself up to date, you can avoid the embarrassment of telling a police officer “I didn’t know I couldn’t do that!” California Gun Laws for 2016…
Read MoreAre Women Treated Better Than Men in Criminal Cases?
Gender equality is a common topic of discussion in modern times. But one area of gender equality that deserves more attention is the differences in how men and women are treated by the criminal justice system. A recent study published in the Journal of Criminal Justice highlights a number of areas where men and women are treated differently when charged with a similar crime.[1] Do Women Receive More Favorable Treatment?…
Read MoreCan Law Enforcement Draw Your Blood without Your Consent?
Recently, former NBA star Lamar Odom was hospitalized after being found unresponsive at a brothel in Nevada. Authorities obtained a search warrant to test Odom's blood for drugs. The results of those tests have not yet been released, but the situation raises questions on your ability to consent to a blood test.1 When Police Can Draw Your Blood Law enforcement is allowed to draw your blood without your consent. This…
Read MoreCalifornia Gets Tough on Prosecutorial Misconduct
If you are a regular reader of this blog you are undoubtedly familiar with the jailhouse snitch scandal that has rocked the Orange County District Attorney’s office. A Superior Court judge removed the D.A.’s office from the case of convicted serial killer Scott Dekraai due to allegations of violating his constitutional rights by illegally obtaining evidence from jailhouse informants, and failing to produce evidence after repeated requests from his lawyer.…
Read MoreJailhouse Rocked: Jailhouse Snitches Backfire on Prosecutors
The trial of mass-murderer Scott Dekraai, who killed eight people in a Seal Beach beauty salon in 2011, should have been a crowning achievement for Orange County District Attorney Tony Rackauckas. Having secured a conviction for the deadliest killing spree in the county’s history, Rackauckas had the case lined up for a slam-dunk sentencing phase that would put Dekraai on track for the death penalty, a result that would surely…
Read MoreShould Judges Fine Themselves for Being Late to Court?
What do you think would happen to you or your case if you show up late to a court hearing? You may reasonably expect to be sanctioned by the judge and be required to pay a fine, or you may expect to have your case be rescheduled for review at a later date. On the other hand, what if the judge is late to your court hearing? Should he or…
Read MoreThe Devastating Ramifications of Having a Restraining Order Granted against You: Why You Need a Qualified Restraining Order Lawyer
The consequences of having a California restraining order granted against you can be severe. If a restraining order is filed against you, it is of the utmost importance to retain the services of a qualified restraining order law firm to come to your defense. If you do not hire a law firm to defend you it is much more likely that the restraining order will be granted against you. If…
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