Los Angeles District Attorney George Gascón took office in December of 2020. Since then, he has faced two recall bids, both of which have been unsuccessful at removing him from office. Recently, he defended his policies against critics who deem him to be too soft on crime and stated that he would continue working to …
Continue reading “Failed Bid to Recall LA District Attorney Is a Win for Criminal Justice Reform”
Due to concerns over police brutality and misconduct in recent years, many civilians have taken to recording interactions with law enforcement. Although recording an officer can be illegal under certain circumstances, this can be helpful information in any subsequent investigation into the officer’s conduct. For example, if you believe that you have been wrongly stopped …
Continue reading “Legally Recording a Police Officer in Southern California”
What Are Drug Diversion Programs? In criminal law, a diversion is an alternative to criminal prosecution and incarceration, allowing first-time, low-level offenders a chance to participate in a rehabilitation program and subsequently have their charges dismissed. Drug diversion, specifically, offers non-violent drug offenders to get addiction treatment and education instead of jail time. California Penal …
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With the recent rise in gun violence, Governor Gavin Newsom has signed into law two bills allowing individuals and state and local governments to sue gun manufacturers and sellers for negligence. The following article explains the two bills, Assembly Bill 1594 and Senate Bill 1327, in detail. Assembly Bill 1594 While existing law generally regulates …
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By: Wallin & Klarich
California’s Existing Controlled Substances Law Currently, California law prohibits possessing or using certain controlled substances. In severe cases, violation of such a statute can be charged as a felony punishable by up to 3 years in state prison. Additionally, existing law prohibits being in any room where controlled substances are being unlawfully used or maintaining …
Continue reading “California Advances Bill for Legal Drug Injection Sites”
By: Wallin & Klarich
In People v. Murphy, the California Court of Appeal considered whether there was sufficient evidence to find implied malice in a vehicular homicide case, where the defendant was smoking marijuana and then drove his car 88 mph in a residential area. The defendant, Murphy, was smoking marijuana in his vehicle when getting an oil change. …
By: Wallin & Klarich
The short answer to this question is Yes, for state court cases. A recent ruling by the Supreme Court has cut back a defendant’s ability to challenge their convictions in federal court by taking away the argument that their lawyers were incompetent in the state court proceedings. A federal court considering a habeas corpus petition …
By: Wallin & Klarich
The California Court of Appeal discussed the issue of whether California’s ban on semiautomatic rifles for young adults violated the Second Amendment by burdening the right to home self-defense and did not reasonably fit the objective of reducing violence. In 2021, California prohibited the sale of semiautomatic rifles to young adults under the age of …
Continue reading “California Law Struck Down In Order To Protect Second Amendment 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. …
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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 …
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.
