Requiring a convicted defendant to not associate with “suspected” gang members is not a proper condition of probation

By: Wallin & Klarich

As a result of a recent decision by the California Courts of Appeal, 6th District, a probation condition requiring that a defendant avoid associating with individuals who are known, or suspected, to be gang members is unconstitutionally vague. Mario Gabriel pled guilty to charges that included having unlawful possession of a concealed firearm. Convicted in …

Posted In: Fire Arms & Weapons

Defendant Convicted of First Degree Murder Has Sentence Overturned Based on Insufficient Evidence

By: Wallin & Klarich

Why You Need an Experienced Criminal Defense Lawyer on Your Side The Ninth Circuit Court of Appeals recently overturned a first degree murder conviction in US v. Begay (2009 DJDAR 7955). Begay was convicted of two counts of first degree murder and two counts of using a firearm during a crime of violence. The District …

Posted In: Criminal Appeals

O.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge

By: Wallin & Klarich

A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, …

Posted In: Criminal Defense

Vehicle Searches Incident to Arrest

By: Wallin & Klarich

Evidence from Warrantless Vehicle Search Incident to Passenger’s Arrest is Suppressed where Defendant was Inside Patrol Vehicle when Searched Defendant, Gonzalez, was convicted of Possession of a Firearm and Ammunition. This conviction resulted when a firearm was found during a June 19, 2006 traffic stop of a car in which Gonzalez was riding. The police, …

Posted In: Criminal Defense

Appealing a Felony Conviction in California

By: Wallin & Klarich

Felony Conviction Reversed when Prosecutors Fail to Turn Over Evidence to Defense: Why You Need an Experienced Criminal Appeals Lawyer to Win Your Case The Federal Court of Appeals has reversed the conviction of a defendant who had been found guilty of being a felon in possession of a firearm due to prosecutorial misconduct. The …

Posted In: Criminal Appeals

911 Calls and Anonymous Tips are Enough for an Officer to Detain you and Conduct a Cursory Search for Weapons

By: Wallin & Klarich

Recently a California Court of Appeals decision affirmed that an officer is not violating your constitutional rights if he stops you and searches you for weapons based on an anonymous tip, so long as that tip provides the officers with detailed information. In this instant case, the information provided was items of clothing, location, and …

Posted In: Criminal Appeals

California Police Informant Tips can be Unreliable

By: Wallin & Klarich

What If The Police Used An Informant In My Case? What Can My Criminal Defense Attorney Do? Before a police officer can stop a person, they must have reasonable suspicion that criminal activity is occurring. One way in which police can get reasonable suspicion is through informants’ tips. Sometimes, people will inform the police about …

Posted In: Criminal Defense

Los Angeles Murder Conviction Overturned

By: Wallin & Klarich

Judge Throws Out A Nearly 30-year-Old Murder Conviction After Finding Prosecutorial Misconduct. A Los Angeles County Superior Court judge tossed out a nearly 30-year-old murder conviction. Judge David S. Wesley found that the prosecutors had violated the defendant’s rights and withheld evidence from defense attorneys. In his ruling, Judge Wesley said that attorneys for Adam …

Posted In: Assault & Battery