Criminal Defense
How You Could Spend Months in Jail for a Crime You Didn’t Commit
Imagine yourself riding as a passenger in a car. You decide to eat a can of SpaghettiOs for lunch. Not having a bowl with you, you eat the meal straight from the can, using a metal spoon you borrowed from a friend. Finishing your meal, you throw the can away, but hang on to the spoon as you ride back to your friend's home. Suddenly, the police pull the car…
Read MoreYou May Get the Death Penalty if You Commit Murder in Riverside County
If you are convicted of murder in Riverside County, there's a chance that you will be sentenced to death. Despite only having the fourth-largest population in California, Riverside County ranked second in the nation for the number of death sentences handed down in 2012, according to a recently-released report by the Death Penalty Information Center. If you are facing charges of murder in Riverside, it is important to hire an…
Read MoreCalifornia Supreme Court Grants Law License to Illegal Immigrant
An undocumented immigrant in California will be allowed to obtain his law license despite his illegal immigrant status, the California Supreme Court ruled. The landmark decision sets precedent for other illegal immigrants hoping to obtain their law license in California as well as other pending cases in the U.S. The Story of Sergio Garcia Sergio Garcia became a California resident permanently when he was 17 years old. He was told…
Read MoreWhat is a No Contest Plea and What is a Factual Basis for a No Contest Plea in California? (California Penal Code 1192.5)
There are times in criminal cases where a person will enter a plea of nolo contendere, or "no contest." This plea is usually used when a criminal defendant has caused some property damage or injury to another person during the course of the criminal act and he/she does not want to admit fault. By avoiding any fault, if the victim has a desire to sue the defendant in a civil…
Read MoreEpidemic of Brady Violations: Why Wasn’t This Defendant’s Conviction Overturned?
Brady v. Maryland 373 U.S. 83 (1963) was a landmark United States Supreme Court case in which the prosecution had withheld certain evidence from the defendant. The defendant challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The Supreme Court held that withholding exculpatory evidence (evidence that tends to exonerate you) violates due process "where the evidence…
Read MoreGovernor Signs Law Requiring Videotaping of Interrogations of Underage Suspects in Homicide Cases
California state senator Ted Lieu (D-Torrance) introduced Senate Bill 569 requiring videotaping interrogations during this year's legislative session. The bill was later unanimously approved by the California Senate. On the last day of his legislative calendar, Governor Jerry Brown signed Senate Bill 569 into law. The bill requires the interrogations of underage suspects in homicide cases to be videotaped. Advantages to Videotaping Interrogations of Underage Suspects in Homicide Cases The…
Read MoreGay California Minors Are Protected from Sexual Orientation Conversion Therapy – Senate Bill 1172
Being a teenager is tough. There's so much peer pressure these days. Growing up and identifying as a lesbian, gay, bisexual or transgender adolescent is particularly challenging, and sometimes discouraged or even rejected by parents, religious leaders and professionals in the mental health field. Until recently, some gay minors have been subjected (against their will) to various mental health or medical methods to "go straight." You can be "cured" of…
Read MoreWhy Defend the Guilty?
The most common question criminal defense lawyers get asked is, "Why defend the guilty?" At Wallin & Klarich, we believe in standing up for the rights of every client we come to represent. Committed and Courageous Criminal Defense Lawyers Often times, the critical role of criminal defense lawyers in our criminal justice system is misunderstood. It is important to understand that criminal defense lawyers are never required to prove their…
Read MoreL.A. District Attorney Says Prosecutors Must Turn Over Any Discovery Favorable to Defense Counsel
Recently, the Los Angeles County District Attorney's Office announced an "update" to its policy requiring prosecutors to provide defense attorneys with evidence favorable to their clients. This update clarified the fact that prosecutors are required to turn over "any exculpatory evidence, not just material exculpatory evidence." "The integrity of the criminal justice system requires that prosecutors play fair in seeking justice," said District Attorney Jackie Lacey The update to the…
Read MoreDefenses to a Kidnapping Charge in Orange County (PC 207)
You recently threatened to shoot someone outside of a convenience store if he did not drive you to a specified location. Fearful of the consequences, the person drove you to the location and contacted law enforcement personnel shortly after. Now, you are being charged with kidnapping under California Penal Code section 207. Can you be convicted of kidnapping if you did not physically restrain the individual? This type of law…
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