Criminal Defense
Defendants Have Right to Exculpatory Evidence
Prosecution must make favorable material evidence available to defendants. California court affirms defendants constitutional right to exculpatory evidence. In the case People v. Ubire, the prosecution failed to give the criminal defense a video taken during the only physical medical examination of the alleged victim. 2008 DJDAR 7325. The victim alleged that the defendant, the alleged victim's Grandfather, had raped and sexually assaulted her several times from age 5 to…
Read MoreMaking Sure Your Lawyer is Familiar with Current Law
The lawyers at the Wallin & Klarich San Diego office spend a great deal of their time in court representing clients accused of crimes. We know the judges. We know the prosecutors. We know the other criminal defense lawyers. And we know the law. Because we have so many opportunities to see other lawyers in court, we also know that many of them do not know the law. By way…
Read MoreYOUR FELONY CASE MUST BE DISMISSED IF YOUR PRELIMINARY HEARING IS DELAYED BEYOND STATUTORY TIME PERIOD
A recent court of appeals opinion has ordered that felony charges be dismissed against a defendant when his preliminary hearing was continued due to the illness of the prosecutor and when the sheriff failed to bring the defendant to court to waive his right to an earlier hearing. The court held that once your preliminary hearing commences you have the right to have it concluded without interruptions. In this case…
Read MoreUNITED STATES SUPREME COURT AGREES TO HEAR CASE THAT COULD SEVERELY LIMIT PROSECUTORIAL IMMUNITY
The Supreme Court recently decided that it take up a Los Angeles case to decide whether a chief prosecutor can be held liable for a man's wrongful conviction for murder. The case of Van de Kamp vs. Goldstein will test the reach of the rule, set down by the Court in 1976 that prosecutors are immune from being sued, even when defendants are shown to be innocent. Prosecutors, like judges,…
Read MoreCOURT: SIXTH AMENDMENT GIVES DEFENDANT THE RIGHT TO HAVE JURY INFORMED OF MANDATORY MINIMUM SENTENCE
The case, United States v. Polizzi, involved a child pornography prosecution. The Defendant in the case immigrated to the United States from Sicily when he was a young adult. He thereafter married and had five successful sons. Additionally, he was able to purchase a restaurant, which he turned into a successful establishment as a result of working eighteen hours per day, seven days per week. When the Defendant was a…
Read MoreVICTIM NEED NOT PRESENT “PROOF” OF LOSS AT RESTITUTION HEARING
So says the California Court of Appeals in the recent case of People v. Gemelli. In that case, the victim provided information regarding losses sustained as a result of a burglary, but did not submit "proof" of loss in the form of receipts and the like. The Court found that, once a crime victim sets forth a prima facie showing of economic loss, the burden shifts to the defendant to…
Read MorePROPOSED LAW TARGETS CRIMINAL IMMIGRANTS
The parents of Jamiel Shaw, a standout high school football player who was shot and killed, allegedly by a gang member who is present in the United States illegally, have asked the Los Angeles City Counsel to enact a City Ordinance designed to crack down on gang members who are in the United States illegally. Under a current and controversial LAPD Policy known as "Special Order 40" LAPD officers are…
Read MorePOLICE SEEK CONSENT TO SEARCH HOMES
Police officers in Washington, D.C. are so anxious to get guns out of the city they are actually going door-to-door asking citizens for "consent" to enter their homes to search for illegal guns. Washington, D.C. is home to one of the most restrictive gun bans in the United States. The gun ban is currently the subject of a case that is pending before the United States Supreme Court. People should…
Read MoreSUSPICIONLESS SEARCH OF COMPUTER HELD CONSTITUTIONAL
In a recent opinion by the United States Court of Appeals for the Ninth Circuit, the Court ruled that US Customs officers can search the electronic contents of an international passenger's computer without having a "reasonable suspicion" that the computer contains illegal material. The case, United States v. Arnold, involved a person who arrived at the Los Angeles International Airport from the Philippines. On arrival, customs officials singled out the…
Read MoreTHE CRIMINAL DEFENSE ATTORNEY YOU SELECT COULD BE THE DIFFERENCE BETWEEN JAIL AND FREEDOM
If you are accused of a criminal offense in San Diego County it is very important you retain the services of a highly qualified criminal defense law firm. However, before selecting the law firm that will be helping you it is critical that you know as much as possible about the law firm you will be trusting with your case. There are some law firms that advertise heavily in San…
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