Ochoa v. Davis | A Witness’s Credibility
Ochoa v. Davis | A Witness’s Credibility

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 …

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People v. Speck | Faulty Jury Instructions
People v. Speck | Faulty Jury Instructions

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 …

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DUI Probation Violation | Orange County
DUI Probation Violation | Orange County

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 …

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With New Exceptions, Employers Can Mandate That Employees Get Vaccinated
With New Exceptions, Employers Can Mandate That Employees Get Vaccinated

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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California’s Cash Bail Phase Out Is On Hold

By: Wallin & Klarich

Sixty percent of people arrested in California never face a criminal charge. According to one study, as many as 48,000 county jail inmates have not been convicted of anything. In many cases, those people are serving time in jail because they could not afford to pay for bail to secure their release.  A recent change …

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Posted In: Bail
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CALIFORNIA LIMITS THE USE OF THE KILL ZONE THEORY OF LIABILITY FOR MURDER CHARGES

By: Wallin & Klarich

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 …

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Posted In: Murder
Tagged: Murder
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Should Ex-Felons Be Allowed to Serve As Jurors?

By: Wallin & Klarich

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 …

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Posted In: Felony
Tagged: Felony
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No More Fees in California?

By: Wallin & Klarich

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, …

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Posted In: criminal justice system
Tagged: criminal justice system
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NEW LAW MAY IMPACT YOUR POSSIBLE LOVED ONES SENTENCE IN A CRIMINAL CASE

By: Wallin & Klarich

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 …

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Posted In: Crininal Cases
Tagged: Criminal Cases
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What happens when a warrant has been issued?

By: Wallin & Klarich

If a warrant has been issued in your name you may have a lot of questions. Wallin & Klarich has been helping people just like you for over 35 years to ensure that their legal rights are defended and preserved. Why was a warrant issued? A warrant was likely issued because a law enforcement officer …

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Posted In: Warrants
Tagged: Warrants
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What is the Difference Between a Straight Felony and a Wobbler Offense?

By: Wallin & Klarich

In California, crimes are classified as either an infraction, a misdemeanor, or a felony. If guilty of an infraction, you often are only required to pay a fine and face no other penalties. If you are convicted of a misdemeanor, jail time becomes a possibility but typically you would face no more than 1 year …

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Posted In: Felony
Tagged: Felony
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California Law Banning Gun Magazines Back in Effect

By: Wallin & Klarich

In the United States, California stands out for its expansive gun laws that constantly evolve to be forward-thinking while attempting to not harshly infringe on Second Amendment rights. The increasing frequency of mass shootings and gun-related crimes resulted in previous California governor Jerry Brown signing new laws that gave the state some of the strictest …

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Posted In: Gun Magazines
Tagged: Gun Magazines
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Local Governments Challenging Door-to-Door Cannabis Delivery in California

By: Wallin & Klarich

Beverly Hills and 24 other local governments sued on Friday to overturn a ruling that allows licensed cannabis delivery statewide. The cities argue that the rule undermines Proposition 64—which guaranteed cities and counties local control over cannabis activities. Since California’s legalization of adult cannabis use in 2016 through Prop 64, it has failed to see …

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Posted In: Cannabis Delivery
Tagged: Cannabis Delivery
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Crime Down in Los Angeles, According to Mayor

By: Wallin & Klarich

As one of the largest cities in the United States, Los Angeles is prone to widespread crime of varying types. That’s why it should come as no surprise that city officials will celebrate any reduction in crime. Los Angeles’ Mayor Eric Garcetti and Police Chief Michel Moore announced that crime is down in every category …

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Posted In: Crime Down
Tagged: Crime Down

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.