The California Supreme Court has issued a decision which strictly limits a prosecutor’s ability to convict a defendant of attempted murder based on a “kill zone” theory of liability. In cases where defendants are charged with attempted murder under the kill zone theory, prosecutors have been able to argue a defendant’s intent to kill each …
Continue reading “CALIFORNIA LIMITS THE USE OF THE KILL ZONE THEORY OF LIABILITY FOR MURDER CHARGES”
A felony conviction in California means that the person convicted will not only spend time in county jail or state prison, but will also lose several rights, such as the right to own firearms and the right to vote. A felony conviction also means that a person cannot serve on a jury. While there are …
Continue reading “Should Ex-Felons Be Allowed to Serve As Jurors?”
When it comes to criminal justice reform, California likes to do things differently. The past few years have seen changes to the types of offenses that result in jail time, a reduction in penalties for non-violent crimes, and the elimination of cash bail. The latest proposed change involves the elimination of several administrative fees that, …
Under California law a defendant who has been convicted of a serious or violent felony and has previously been convicted of a serious or violent felony receives a 5 year enhancement of their prison sentence. This enhancement works in combination with California’s “three strikes law” which doubles the sentencing term for a person who has …
Continue reading “NEW LAW MAY IMPACT YOUR POSSIBLE LOVED ONES SENTENCE IN A CRIMINAL CASE”
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 …
Continue reading “Supreme Court Restricts Government’s Power to Seize Property (Timbs v. Indiana)”
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 …
Continue reading “Law Eliminating Cash Bail Halted and Will Appear on 2020 Ballot”
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 …
Continue reading “House Democrats Propose Law to Expand Background Checks for Gun Sales”
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 …
Continue reading “Court Rules Police Can’t Force You to Unlock Your Phone”
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 …
Continue reading “How to Locate an Inmate in Jail and Post Bail”
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 …
Continue reading “Report on Arrest Rates Show Historic Decrease”
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 …
Continue reading “Can I Avoid Jail Time for a Felony Probation Violation?”
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 …
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 …
Continue reading “California Governor Signs Many Criminal Justice Changes into Law”
By: southernblog
In 2016, California passed a law that allowed concerned family members, roommates and law enforcement officers to petition the court for a Gun Violence Restraining Order (GVRO) against someone who poses a danger to themselves or others. If a GVRO is issued against you, you are required to get rid of any firearms or ammunition …
Continue reading “Gun Violence Restraining Order Law Has Been Used Infrequently”
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.
