Law & Information
California Gets Two More Years to Solve Prison Overcrowding
Overcrowding in State Prisons Produces Overcrowding in County Jails California's failure to meet the 2014 deadline set by a federal court to reduce the prison population to 137% of capacity illustrates the true extent of California's prison overcrowding problem. In an attempt to alleviate this problem, the California Department of Corrections and Rehabilitation had initiated the Realignment Act. This act authorized the transfer of low level felons from state prisons…
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California School Expulsion Hearings are Subject to Due Process
Being expelled from a school district can have major implications on your child's life. If your child is facing expulsion from the school district, you should know that expulsion is not automatic. School administrators cannot expel a student without first holding a school expulsion hearing. California Education Code Section 48900 requires that school expulsion cases be conducted in accordance with generally accepted principles of due process. For example, in California,…
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What You Need to Know about California’s New Revenge Porn Law (SB 255)
While you may feel that your obligations to your significant other end when the relationship is over, this may not be entirely true. "Revenge porn," as defined by Senate Bill 255, occurs when a person takes a sexually revealing picture of a significant other and then uploads this to the Internet following a breakup with the intent to harm or seek revenge.1 This new law took effect Jan. 1, 2014.…
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Beware of Fake Lawyers Trying to Steal Your Money
You may not be aware of this but there are many people who advertise themselves as lawyers when in fact, they are not lawyers at all. These fake lawyers are making promises that cannot be achieved in order to convince you to hire them. In most instances, their services require you to hand over cash to them before they offer their services. However, paying money up front would be a…
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6 New California Laws You Need to Know
As Californians enthusiastically welcome the New Year, they must also prepare to embrace a wide-range of new laws that went into effect January 1, 2014. These laws, which are often subtly put into effect but harshly enforced by the police, will likely affect a large number of uninformed citizens living in California. It is important that you are aware of all of the new laws that could impact your life…
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California Governor Jerry Brown Proposes Budget to Fix Prison Overcrowding
Last week, California Governor Jerry Brown proposed a state budget which included a number of policy proposals intended to rectify the long-standing problem of prison overcrowding. If this plan is correctly implemented it could result in the release of thousands of California inmates back into the general population. Aspects of Gov. Jerry Brown's Prison Plan Proposals If Governor Brown's proposals are adopted by our legislature then some or all of…
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The Pros and Cons of Cellphone Privacy in California
Do Californians need stronger protection regarding their cellphone privacy? That is the issue currently before the Public Utilities Commission. California's telephone privacy rules are more than 20 years old, developed during the infancy of the debut of the cellphone. A debate next month between PUC commissioners and the wireless industry, led by AT&T, Inc. will determine whether additional regulation of the wireless industry is necessary. Commissioner Catherine Sandoval, a law…
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When Speaking to the Cops, Your Silence May Bite You in the Butt
At Wallin & Klarich, we always tell our clients to NEVER speak to the police. Unfortunately, many individuals often make the terrible decision of speaking to the police despite our legal advice. In most cases, speaking to the police is a one-way ticket to jail time and a criminal record. The United States Supreme Court recently underscored this reality by ruling on a 5-4 vote that a prosecutor may introduce…
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When Can a Judge Raise or Lower My Bail Amount?
You were recently arrested for allegedly carjacking a vehicle. In California, the 2013 Uniform Bail Schedule states that the bail amount for a carjacking in violation of PC 215 is $100,000. May the judge set your bail amount for higher or lower than $100,000? Are there any procedural steps that must be taken before your bail amount can be modified? The "Notice" and "Hearing" Requirements California Penal Code 1270.1(a) states…
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U.S. Supreme Court Rules That Police May Collect Your DNA If You Are Arrested For A Crime
On June 3, 2013, the U.S. Supreme Court held in Maryland v. King that police may collect your DNA sample following an arrest even if you are not later convicted of a crime. The high court ruled that when police make an arrest supported by probable cause and detain a suspect in custody, they may take a "swab" from your body and acquire your DNA . Advocates of the majority's…
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