Does the Change to Felony Murder Law Violate the Constitution? (PC 189)

By: Wallin & Klarich

One of the major changes to the law that took effect in 2019 is the revised felony murder rule. Previously, under California Penal Code Section 189, you could be convicted of murder if you were involved in a felony crime where another person committed the act of killing someone. However, under Senate Bill 1437, this …

Posted In: Murder Law
Tagged: Murder Law

Supreme Court Restricts Government’s Power to Seize Property (Timbs v. Indiana)

By: Wallin & Klarich

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Eighth Amendment to the U.S. Constitution is only sixteen words and one sentence but it is one of the most powerful protections in our nation. It essentially means that the punishment must fit the crime. So, what happens …

Posted In: News & Information

Law Eliminating Cash Bail Halted and Will Appear on 2020 Ballot

By: Wallin & Klarich

Last year, Senate Bill 10 (SB 10) was signed into law by then-governor Jerry Brown. When it was set to become effective on October 1, 2019, the law would have eliminated California’s cash bail system and replaced it with a risk assessment system where judges determine if a person accused of a crime should be …

Posted In: Ballot
Tagged: Ballot

House Democrats Propose Law to Expand Background Checks for Gun Sales

By: Wallin & Klarich

The U.S. House of Representatives changed dramatically during the 2018 mid-term elections, leaving the Democrats as the majority. With this shift in power, Democrats are expected to push laws for causes they are passionate about. One of those causes is gun control. A new law introduced recently by Democratic leaders Nancy Pelosi, Mike Thompson and …

Posted In: Gun Sales
Tagged: Gun Sales

Court Rules Police Can’t Force You to Unlock Your Phone

By: Wallin & Klarich

Facial recognition. Retinal scans. Fingerprint sensors. These used to be the kinds of technology you would only see in a sci-fi movie. Now, they are all ways to unlock your smartphone. Rapid changes in technology have left many important legal questions about what the police can and cannot do when it comes to searching your …

Posted In: Phone
Tagged: Phone

How to Locate an Inmate in Jail and Post Bail

By: southernblog

When your loved one is arrested, you will probably be worried and it may be difficult to think straight. You are probably wondering where your loved one is being held and what you can do to help him or her. The first thing you should do is contact an experienced criminal defense lawyer who can …

Posted In: News & Information
Tagged: Bail

Report on Arrest Rates Show Historic Decrease

By: southernblog

The number of arrests made in California is at the lowest it has been in decades, according to a report from the Public Policy Institute of California (PPIC). The report, which examined arrest rates from 2016, shows arrests in California have declined nearly 60 percent since peaking in 1989. Let’s take a look at some …

Posted In: Arrest Rates
Tagged: Arrest Rates

Can I Avoid Jail Time for a Felony Probation Violation?

By: Wallin & Klarich

If you are convicted of a felony offense, serving felony probation may be a more favorable option than serving a prison sentence. However, felony probation often comes with very strict terms. If you fail to comply with all of these terms, you could face severe consequences. So, will you go to jail or prison for …

Posted In: Probation and Parole

Dead Men Tell No Tales: Is It Illegal to Spread a Loved One’s Ashes at Disneyland? (HS 7054(a))

By: southernblog

For many people in southern California and across the world, Disneyland holds a special place in their heart. Thousands of individuals and families create memories at Disneyland each day. Some of those people dream of having Disneyland be their final resting place. That is why attempting to spread a loved one’s ashes at the theme …

Posted In: News & Information

California Governor Signs Many Criminal Justice Changes into Law

By: southernblog

California Governor Jerry Brown only has a few months left in office, but he is using his remaining time to continue his goal to pass criminal justice reform. Recently, he signed several bills into law that will overhaul the state’s criminal and juvenile justice system. Let’s take a look at what these new laws will …

Posted In: News & Information

About Wallin & Klarich

About Wallin

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.