What Was California’s Emergency Bail Schedule? Beginning in April 2020, the Los Angeles Superior Court adopted an emergency bail order in order to limit the spread of COVID-19 in jails. In essence, the order allowed those accused of misdemeanors and lower-level crimes to continue working and living at home rather than staying in overcrowded jails. …
Continue reading “Southern California Courts Reinstate Bail for Non-Violent Offenders”
What Is California’s Three Strikes Law? In 1994, California enacted the Three Strikes law. In essence, this law punished repeat offenders by increasing the sentencing terms for each subsequent crime after the first. The law grants that if you are convicted of a felony after you already have one prior conviction, you will be sentenced …
Continue reading “Challenges to California’s Three Strikes Law”
California’s Prostitution Laws Prostitution, also known as the “world’s oldest profession,” is the act of engaging in sexual activity for compensation and is prohibited in virtually all 50 states. Call girls, escorts, streetwalkers, and brothels are all examples of prostitution. A person who solicits, consents to engage in, or engages in any act of prostitution …
Continue reading “California Ends Arrests for Loitering for Prostitution”
The Case of Vega v. Tekoh The case of Vega v. Tekoh involved a sexual assault investigation at a medical facility in Los Angeles. The prime suspect, Terence Tekoh, worked at the facility and was interrogated by a deputy sheriff, Carlos Vega. Vega did not provide Tekoh with his Miranda rights, which are a type …
Continue reading “You Can’t Sue Police for Violating Your Miranda Rights”
By: Wallin & Klarich
What Happened in Uvalde, Texas? On May 24, 2022, a deadly massacre took place in Uvalde, Texas. A gunman entered Robb Elementary School and killed 19 students and two teachers before he himself was killed by a law enforcement officer. This marked the deadliest school shooting in the United States in a decade. The gunman, …
Continue reading “California’s Gun Control Bills Following Texas School Shooting”
By: Wallin & Klarich
9th Circuit Court of Appeals recent holding that habeas corpus applicant was required to show prejudice for a Brady violation in order to sustain the application Ochoa was convicted in 1998 for a series of violent crimes against three female victims over a six-month period the previous year including murder, kidnapping, forcible rape, and assault …
By: Wallin & Klarich
The issue in People v. Speck, a decision published on February 2, 2022, by the California Court of Appeal, Third Appellate District, was whether the trial court judge made a prejudicial error when the judge failed to instruct the jury about the affirmative defense called mistake of fact. The Court of Appeal held that the …
Continue reading “People v. Speck | Faulty Jury Instructions”
By: Wallin & Klarich
If you were convicted of an Orange County DUI, your sentence will most likely include a period of time on probation. Probation is a part of many DUI sentences. Probation is a period of time, set by the court, where you have to abide by agreed upon terms and are held accountable to the court …
By: Wallin & Klarich
With New Exceptions, Employers Can Mandate That Employees Get Vaccinated With an increased presence of the delta variant of covid-19 sweeping across the nation, institutions are being forced to make tough decisions when it comes to the vaccine. Many colleges, like California state schools, are requiring vaccines to attend on-campus classes and live in on-campus housing. …
Continue reading “With New Exceptions, Employers Can Mandate That Employees Get Vaccinated”
By: Wallin & Klarich
Supreme Court Conservative Majority Makes a U-Turn On Life Sentences Without Parole For Juveniles Due to the recent Supreme Court appointments made by former President Trump, the Supreme Court has now become predominantly conservative. Rulings are now being made by six conservative Justices and three liberal Justices, which means Supreme Court decisions are being weighed …
By: Wallin & Klarich
Domestic violence crimes continue to be a major issue in California across all socio-economic and age groups. According to the National Coalition Against Domestic Violence, 32.9% of women and 27.3% of men in California are victims of domestic violence. California Penal Code 243(e)(1) classifies domestic violence as a misdemeanor punishable by one year in county …
Continue reading “Opposing Views on Victim’s Testimony in Domestic Violence Cases in California”
By: Wallin & Klarich
In August of 2020, a divided panel of the Ninth Circuit Court of Appeals decided in the case of Duncan v. Becerra that the Second Amendment bans the state of California from prohibiting (under California Penal Code section 32310) the sale of large-capacity ammunition magazines (LCM), which are defined as magazines that hold more than …
By: Wallin & Klarich
Are Gun Stores Essential During the Coronavirus Pandemic The short answer is it depends! Gun sales across the country have skyrocketed as people are panic-buying firearms during the coronavirus pandemic. With everyone trying to safely navigate new social distancing measures, there is a dispute as to whether firearms stores and gun ranges should be considered …
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By: Wallin & Klarich
A California Supreme Court decision could have major implications for a law requiring psychotherapists to crireport patients who, in the course of therapy, admit to having viewed or downloaded child pornography. Since 2014, the Child Abuse and Neglect Reporting Act (CANRA) requires therapistds to contact law enforcement anytime a patient admits to these acts–due to …
Continue reading “Supreme Court Sides with Therapists on Child Pornography Reporting Law”
Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.
