In order to protect elderly persons and dependent adults, the Elder Abuse and Dependent Adult Civil Protection Act was expanded at the beginning of this year. Specifically, the Act was broadened to reduce abuse in the form of isolation, which was made worse by the COVID-19 pandemic. The Act allows petitioners to obtain an order …
Continue reading “What You Need to Know About the Elder Abuse Act Expansion”
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 …
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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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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 …
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By: Wallin & Klarich
After spending 36 years in prison for being falsely convicted of murder, Alfred Chestnut, Ransom Watkins, and Andrew Stewart have been released. Their exoneration came after a reexamination of their case revealed that police coercion towards witnesses resulted in a wrongful conviction for all three men. History of the Case On Thanksgiving Day 1983, Chestnu, …
Continue reading “3 Men Exonerated After 36 Years Imprisonment for “Georgetown Jacket” Murder”
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 …
Continue reading “California’s Cash Bail Phase Out Is On Hold”
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 …
Continue reading “CALIFORNIA LIMITS THE USE OF THE KILL ZONE THEORY OF LIABILITY FOR MURDER CHARGES”
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 …
Continue reading “Should Ex-Felons Be Allowed to Serve As Jurors?”
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, …
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.
