News & Information
California Lawmakers Seek to Limit When Police Can Use Deadly Force
For many, Stephon Clark was the last straw. In March, police who were responding to a 911 call regarding a person breaking car windows fired 20 rounds at Clark because they believed he was holding a gun. According to reports, eight bullets hit Clark in the back and neck. As the facts would later show, the object Clark was not a gun – it was his cellphone. Clark’s death is…
Read MoreTrump Administration Making It Easier for Authorities to Take Your Stuff
If you are accused of a crime, you may expect to lose certain rights. However, you may not expect law enforcement to seize your property and hold onto it for an extended period of time. Unfortunately, that is exactly what can happen to you under a new federal policy to increase asset forfeiture that has been implemented by Attorney General Jeff Sessions. What is Civil Asset Forfeiture? Civil asset forfeiture…
Read MoreNumber of Violent Crimes in California Rose by 10% in 2015
In 2015, the number of violent crimes in California rose by 10%. Although the overall crime rate remained lowest in the decade, the number of crimes in California rose after a steady two years of decline. According to a report released by the state attorney general's office, the number of violent crimes was up in all major categories of violent crimes when compared to 2014. For example, the number of…
Read MoreVote for Our Blog in The Expert Institute Legal Blog Contest
Wallin & Klarich, A Law Corporation is proud to announce that the Southern California Defense Blog has been nominated for best legal blog of the year by The Expert Institute. The Southern California Defense Blog has been selected as one of the best blogs in the criminal defense law category in the annual contest by The Expert Institute. Now, the best legal blog will be awarded based on a voting…
Read MoreCalifornia Puts 6 New Gun Laws in Place
California’s stance on gun control is changing drastically. Several new laws that were recently passed place more restrictions on how guns and firearms are handled. Governor Jerry Brown recently signed these six new stricter gun control bills into law. Brown sees the new laws as a way to improve public safety while also protecting the rights of current law-abiding gun owners. Restrictions on Ammunition Two of the new laws involve…
Read MoreCould Ryan Lochte Face Criminal Charges for Lying to the Police? (PC 148.5)
You get into an argument with your roommate, and he decides to move out. After he leaves, you are still angry, so you call the police and make up a story about your roommate stealing your furniture. Can you go to jail for lying to the police? At a bar with your friends, you get into a shouting match, and then one of your friends punches you. The cops are…
Read MoreObama Announces Prison Reform
President Obama recently announced that he will issue a series of executive orders to address prison reform following recommendations from the US Justice Department. 1 The Obama administration’s agenda hopes to address current problems with the criminal justice system to make it “fairer, to be smarter, to be more effective.”2 Among the changes is an end to solitary confinement for juveniles and for those who committed low-level infractions. The proposed…
Read MoreShould Flying a Drone Be a Crime?
A potential law regarding the use of drones in California was vetoed by Governor Jerry Brown, but the debate over drone laws continues. If passed into law, SB 142 would have banned anyone from flying drones over private property without permission.1 Governor Brown said the law would have unnecessarily exposed drone users to the legal system. Although this bill failed to pass, government officials are still expected to explore criminal…
Read MoreFacebook Doesn’t Have to Turn Over Your Information to Courts
A California Appeals Court recently ruled that a criminal defendant’s right to social media information is outweighed by and protected under Federal Privacy laws.1 Two defendants facing murder charges subpoenaed account information from Facebook, Twitter and Instagram in an effort to help their defense. The defendants claimed that social media postings from the alleged victims and a prosecution witness would show bias and a motive to lie about their involvement…
Read MoreDistrict Attorney Misconduct Affecting Orange County Criminal Cases
All lawyers are held to strict ethical standards and bound by laws in California. District attorneys are no different. Prosecutors are required to turn over any and all possible exculpatory evidence upon receiving it and discovering its useful nature to the defense. This can include anything, ranging from: Investigator notes Interrogations Witness testimony Audio and video records Based on the Brady v. Maryland case (Brady v. Maryland 373 U.S. 83…
Read More