If I am sentenced to one year in county jail how much of the one year will I actually serve in custody?

By: Wallin & Klarich

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 …

Posted In: Jail and Misdemeanors

From Misdemeanor Drunk in Public to Felony Escape of Police Custody

By: Wallin & Klarich

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 …

Posted In: Criminal Defense

Several Grounds Give Law Enforcement Authority to Make a Misdemeanor Arrest

By: Wallin & Klarich

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 …

Posted In: Criminal Defense

Stages of the Criminal Process: Arraignment

By: Wallin & Klarich

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 …

Posted In: Felony Offenses

Reducing Your Felony Conviction to a Misdemeanor

By: Wallin & Klarich

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 …

Posted In: Criminal Appeals

How To Keep Your Criminal Record Clean By Entering Drug Treatment

By: Wallin & Klarich

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 …

Posted In: Criminal Defense

Misdemeanor Charge Dismissal and ClearingYour Criminal Record

By: Wallin & Klarich

How Can I Get My Misdemeanor Charges Dismissed? Why an Experienced Law Firm Can Help Keep Your Record Clean. When you are charged with a misdemeanor offense in California, it is important to get the best legal advice so that every alternative is explored in getting your case resolved. It is extremely important to hire …

Posted In: Clearing Your Criminal Record