Parole Hearings To Be Heard By Superior Court Judges As Of July, 2012

By: Wallin & Klarich

As if the criminal courts are not busy enough effective July 1, 2013 Superior Court judges will now be required to conduct all parole hearings as of July 1, 2013. For the past several decades these hearings were conducted by the Department of Corrections hearing officers. However, under the new court realignment that began October …

Posted In: Probation and Parole

Under California’s Felony Murder Rule, an Unarmed, First-Time Offender Served 29 Years in Prison for Waiting in a Getaway Car During a Robbery

By: Wallin & Klarich

Connie Keel was charged with first-degree murder for participating as an aider and abettor in the robbery of a liquor store that resulted in the death of the store clerk. Keel was convicted of murder in California at her 1981 trial, even though she was never accused of killing anyone with her own hands. To …

Posted In: Criminal Defense

California Probation Issues: Modification and Termination

By: Wallin & Klarich

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 …

Posted In: Criminal Defense

Are you facing a felony probation violation? If so, it is still possible to stay out of prison.

By: Wallin & Klarich

When a defendant pleads guilty to a felony and is not sentenced to prison, he is usually placed on felony formal probation. That means he will have a probation officer and that he must comply with specific terms of probation. If the probation officer believes that he or she has violated the terms of his …

Posted In: Probation and Parole

WHAT YOUN NEED TO KNOW IF YOU ARE FACING A PAROLE VIOLATION – YOU HAVE THE RIGHT TO HIRE YOUR OWN LAWYER

By: Wallin & Klarich

A parolee that is arrested for a parole violation will have a “parole hold” placed on him or her at the time of arrest. This parole hold makes it so the parolee cannot be bailed out of custody. If the parolee is arrested for a NEW CRIME, it is best to have the parolee waive …

Posted In: Probation and Parole

PROTECT YOUR LEGAL RIGHTS WHEN YOU ARE FACING A PROBATION OR PAROLE VIOLATION

By: Wallin & Klarich

It is important to understand HEARSAY evidence and its relevance at probation and parole violation hearings. PAROLE revocation and PROBATION revocation after the imposition of a sentence are constitutionally indistinguishable. Parole and probation revocation is NOT part of a criminal prosecution and therefore not all of the rights due a defendant in a criminal procedure …

Posted In: Probation and Parole