Criminal Defense
Your California Criminal Defense Attorney and Alternative Sentencing
Some of the clients that retain our law firm have in fact committed the crimes for which they are accused. These clients hire our services because they know that our Los Angeles criminal defense law firm has over thirty years of experience in knowing how to get the best possible result in their case, even when both our clients and our law firm realize that they have committed a criminal…
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Prevent the District Attorneys from Discovering Your Secrets and Strategies by Hiring Smart and Creative Lawyers
There are serious battles being fought in the field of criminal law as we speak, and most of California is completely unaware of what is happening. This battle is waging especially strong in San Diego, where Wallin & Klarich attorneys are on the front lines. The battle is between criminal defense lawyers who are committed to representing their clients to the fullest extent, and district attorneys. Recently in San Diego,…
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US Supreme Court Reverses Murder Conviction
Today, the US Supreme Court reversed a murder conviction and ruled the introduction of the victim's prior reports of domestic violence to the police violated the defendant's right to confront and cross-examine his accusers. The prosecutor in the case of Giles v. California introduced a police officer's report wherein the victim said the defendant threatened to kill her on a prior occasion. In a 6-3 ruling, the US Supreme Court…
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Attorney Client Privilege Under Attack
Those attorneys involved in defending persons accused of committing crimes would no doubt agree that no judge, legislator, governor, or president ever lost his or her job for advocating laws that erode the rights of those accused of committing a crime but, indeed the trend is quite the opposite. How often don't you hear of someone riding to victory in a local or national election on a "tough on crime"…
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Some Crimes Cannot be Reduced to Misdemeanors
This point was made clear in a recent decision by the California Court of Appeal in People v. Mauch. In that case, the Defendant was convicted of cultivation of marijuana, in violation of Health and Safety Code section 11358. That statute provides that anyone found guilty of cultivation of marijuana shall be "punished by imprisonment in the state prison." The trial court, in reducing the Defendant's conviction to a misdemeanor,…
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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…
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Making 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…
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YOUR 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…
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UNITED 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,…
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COURT: 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…
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