Criminal Defense


Concurrent vs. Consecutive Sentences | Everything You Need To Know
Everything You Need To Know About Concurrent vs. Consecutive Sentences Concurrent sentences are usually handed down when multiple criminal offenses are committed at once or when someone is charged for multiple counts of the same crime. In these cases, the sentences are "concurrent," meaning they overlap and are served simultaneously. This means that instead of serving multiple jail terms one after the other, the individual may only have to serve…
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What Happens to Your Funds after You Get Arrested?
Serving time in jail or prison will not excuse you from your financial obligations. However, often weeks, months or even years can pass from the time you are arrested to the time your case is closed. So what happens to your funds during this time? If a judge determines you’re not a flight risk and you’re in a position financially to make bail, then you should have time to sort…
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Will Reducing Penalties for Non-violent Crimes Help California?
With the November election approaching, prosecutors and defense attorneys are turning their attention to a ballot measure that will reduce penalties for some non-violent, non-serious offenses. Although it is gaining traction with the public, prosecutors are split over Proposition 47. According to an August field poll, the proposition has 57% support, which means it could be voted into law barring significant changes before November. However, that is not expected to…
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Governor Brown Seeks Another Extension to Reduce Prison Overcrowding
California Governor Jerry Brown has come up with another plan to delay a reduction in prison overcrowding. Rather than to fully comply with a panel of three federal judges who ordered California to reduce its prison population more than four years ago, the Governor is prepared to go back to the justices yet again to ask for more time. On Sept. 9, Gov. Brown and state Legislative leaders put together…
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If I am sentenced to one year in county jail how much of the one year will I actually serve in custody?
This is a question we are often asked. The answer to the question depends upon several factors. Under California law for most crimes, if you are sentenced to one year in county jail you will actually serve 50% of that sentence or six months. However, there are certain more serious crimes, where you could serve as much as 80% or 85% of the one year sentence. These crimes are normally…
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From Misdemeanor Drunk in Public to Felony Escape of Police Custody
An Experienced Criminal Defense Attorney is the Only Place to Turn to Avoid a Lengthy Prison Stay Unfortunately for many people, criminal charges tend to follow after a night of drinking. Such was the case for a 24 year old man arrested on August 3, 2009. After a long night of drinking, the defendant was arrested for public intoxication; a misdemeanor charge that in California, under California Penal Code Section…
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Several Grounds Give Law Enforcement Authority to Make a Misdemeanor Arrest
Comments from a Wallin & Klarich Criminal Defense Attorney There are several grounds that give law enforcement authority to arrest for a misdemeanor offense. Both statute and common law give authority to arrest for a misdemeanor committed in the officer's presence. Some of the ground for misdemeanor arrests include: crime committed in officer's presence crime committed within the officer's jurisdiction fresh pursuit of a misdemeanor suspect If you or a…
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Stages of the Criminal Process: Arraignment
When a person is charged with a crime, the first formal legal process is the arraignment. The arraignment is a hearing before a judge where several important things occur. If a person is in custody, the arraignment must occur within two to three days. Otherwise, arraignment is usually set for a date several weeks in the future. There are several purposes of an arraignment. First, the defendant is formally read…
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Reducing Your Felony Conviction to a Misdemeanor
An Experienced Criminal Defense Attorney May Be Able to Obtain a Reduction of Your Felony Conviction to a Misdemeanor A court may hear a petition to reduce certain felony offenses in California to a misdemeanor at any time following the suspension of judgment and granting of probation. In J.M. Meyer v. Superior Court (1966) 247 Cal. App.2d 133, 140, the court noted: "the word 'thereafter' in Penal Code Section 17…
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How To Keep Your Criminal Record Clean By Entering Drug Treatment
Which Prior Convictions Will Disqualify Me For Drug Diversion Under Proposition 36 or Penal Code 1000? Prior convictions for California drug offenses, even drug sales, will not necessarily disqualify a defendant under Proposition 36. The only prior conviction that excludes a defendant under Prop 36 is one for a serious or violent felony listed in Penal Code 667. 5(c) or Penal Code1192.7. However, even this exclusion can be avoided if…
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