A Person Who is Charged with Assault with a Deadly Weapon May Be Surprised When their Driving Privilege is Suspended for Life

By: Wallin & Klarich

In some situations, being convicted of assault with a deadly weapon may result in serious penalties. Most people are generally aware of the potential consequences associated with a conviction for assault with a deadly weapon. A person convicted of assault with a deadly weapon may be unfortunate enough to get a lifetime suspension of driving …

Posted In: Criminal Defense

Prosecution Has Wide Discretion in Deciding What Criminal Charges to File, If Any

By: Wallin & Klarich

In Orange County, California, Joel Miranda, has been indicted on gross vehicular manslaughter charges for killing a pedestrian while driving a vehicle under the influence of alcohol. Miranda’s blood alcohol level was almost three times the legal limit, at 0.23%. Allegedly, Miranda fled the scene of the fatal crash. Miranda pleaded not guilty and his …

Posted In: Criminal Defense

Double Jeopardy and Vehicular Homicide

By: Wallin & Klarich

The California Supreme court determined in People v. Traylor, that a defendant could be tried under a second complaint for negligent vehicular manslaughter when the first complaint, vehicular manslaughter with gross negligence, had been dismissed. In California, even though the original charge had been dismissed, a second charge could be filed based on the exact …

Posted In: Criminal Defense

Vehicular Manslaughter Charges Filed in Death of Angels Pitcher

By: Wallin & Klarich

According to an latimes.com report, Andrew Thomas Gallo, 22, of San Gabriel was charged with three counts of murder, hit and run, and drunk driving in Orange County for his alleged role in the death of 3 individuals: a promising Angel’s pitcher, a Cal State Fullerton communications student and an aspiring sports agent. The charges …

Posted In: Criminal Defense