Criminal Defense
Protect Yourself Against Unreasonable Searches and Seizures
Prosecution Has the Burden to Prove the Consent Given to Search Was Free, Voluntary and Unequivocal – What a Criminal Defense Attorney Can Do for You The People have the burden of proof upon them to demonstrate affirmatively by a preponderance of the evidence that the consent to a search was free, voluntary and unequivocal. People v. James (1977) 19 Cal.3d 99, 137 . 447. Consent can be given to…
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California Probation Issues: Modification and Termination
The Court Has Authority to Modify Probation at Any Time During the Probationary Term –Success Requires the Knowledge and Skill of an Experienced Criminal Defense Attorney Penal Code section 1203.3 provides in pertinent part as follows: (a) "The court shall have authority at anytime during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time…
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Have Your Fourth Amendment Rights Been Violated?
Will You Know When Your Fourth Amendment Rights Have Been Violated by the Police? – You Need to Have a Business Card for a Wallin & Klarich Criminal Defense Attorney on You at All Times! Limited intrusions into personal privacy must comport with state and federal constitutional prohibitions against unreasonable searches and seizures. People v. Bower (1979) 24 Cal.3d 638, 156 . 856. A detention may be deemed unlawful and…
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New California Court Of Appeal Decision Highlights the Need to Hire an Aggressive Criminal Defense Attorney
The California Court of Appeal recently held that incriminating statements made by a defendant, after taking a fake polygraph test, and seeing fake test results, may properly be admitted into evidence. In the present case, a defendant was questioned by police about his involvement in a shooting violent crime which lead to the death of the victim. During questioning, the defendant repeatedly stated his innocence and at numerous times asked…
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Can a Judge Be Removed from Your Case?
Getting Your Judge Removed From Case Just Got a Little Easier-Why You Need a Highly Skilled Criminal Defense Attorney Who Knows the Law on Your Side The United States Supreme Court in a 5 to 4 decision ruled recently that you can make a motion to have your judge removed from the case in certain circumstances. In the decision, the court stated that if you determine that your judge has…
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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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Miranda Rights and Initiating Further Communication with the Police
The United States Supreme Court has made it clear that an accused person who invokes his right to have counsel present during custodial interrogation may not be subjected to further interrogation by authorities without the presence of counsel, unless the accused initiates further communication with the police. Edwards v. Arizona (1981) 451 U.S. 477; Minnick v. Mississippi (1990) 498 U.S. 146. However, the right to counsel attaches only with respect…
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INS Agents Arresting Suspected Illegal Aliens in Los Angeles Courtrooms
A recent report in the Los Angeles Daily Journal indicates that in the last few months several suspected illegal immigrants were arrested inside downtown Los Angeles immigration courts while they waited for their court hearings to begin. One local INS attorney stated that these arrests are "shocking. " One of this lawyer's clients was arrested by INS agents when he came to court to appear at his court hearing. Two…
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Big Bear and Needles Criminal Courts to Be Closed
Criminal Courts in Big Bear and Needles to Close-Why You Will Need a Criminal Defense Law Firm in Barstow and Victorville to Help You With Your Case The San Bernardino County Courts have just advised that effective very soon, all criminal cases pending in the Needles or Big Bear courts will be transferred and heard in other San Bernardino Court locations. Due to the economic conditions that exist at this…
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Juveniles Facing Life in Prison Challenging Sentencing Based Upon Cruel and Unusual Punishment Provision of United States Constitution
It was reported in the Los Angeles Daily Journal recently that there are over 2,000 juveniles in custody facing life sentences without the possibility of parole in the United States at this time. Two cases pending before the United States Supreme Court challenge the constitutionality of these harsh sentences for juvenile crimes. In 2005, the US Supreme Court ruled that a person could not be executed if they were found…
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