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Criminal Appeals: Sentencing Challenges & Strategies

Our Recent Appeals Posts

The Evidence Suppressed by a Judge can be Used Against You at a Probation Violation Hearing

July 9, 2012
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Paul Wallin
The Evidence Suppressed by a Judge can be Used Against You at a Probation Violation Hearing Does that seem fair? Imagine this scenario: The police violate your constitutional rights when you are arrested on a new drug charge. You hire the experienced Riverside criminal defense attorneys at Wallin and Klarich, and they file a motion […]

One Criminal Act Means One Punishment and One Punishment Alone

June 27, 2012

Paul Wallin
One Criminal Act Means One Punishment and One Punishment Alone In two recent cases, two different courts of appeals held that those accused of crimes who commit “one act” can only be punished for one act and not for several different crimes. If you are accused of a crime in San Bernardino, you must hire […]

Orange County Man Wins Appeal in Online Child Prostitution Sting

April 6, 2012
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Paul Wallin
Orange County Man Wins Appeal in Online Child Prostitution Sting An Orange County appeals attorney has gotten his clients conviction overturned in a controversial sex crimes sting run by Huntington Beach police. Gregory Ruiz Aguirre, 53, was arrested after responding to an ad posted on Craiglist by Huntington Beach police pretending to be a 13 […]

Hiring the Wrong Criminal Defense Attorney Can Lead to More Punishment Down the Road

December 29, 2011

Paul Wallin
Hiring the Wrong Criminal Defense Attorney Can Lead to More Punishment Down the Road Bahman Khodayari was convicted of misdemeanor grand theft and misdemeanor insurance fraud. As a result of his conviction, Mr. Khodayari was placed on 36 months of probation, ordered to serve a year in county jail, and ordered to pay $25,057 in […]

Supreme Court Set to Rule Whether Police can Track Citizens with GPS Devices Without a Warrant

November 11, 2011
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Paul Wallin
Supreme Court Set to Rule Whether Police can Track Citizens with GPS Devices Without a Warrant The United States Supreme court heard oral arguments on this exact issue earlier this week. This ruling will impact every individual in the country. The government wants the court to rule that is legal to monitor any person they […]

Wallin & Klarich Wins Appeal For Client Accused of Sex Crimes

October 5, 2011

Paul Wallin
Wallin & Klarich Wins Appeal For Client Accused of Sex Crimes The Fourth District Court of Appeals agreed with the attorneys at Wallin & Klarich and struck down and modified many conditions of probation on a sex crime defendant. The Appeals Court sided with Attorney Stephen Klarich and ordered the Superior Court of Orange to […]

Does permitting a victim to testify via closed-circuit television violate the defendant’s sixth amendment rights to confront the witnesses against him when there was no direct inquiry into how the victim would feel about testifying in the defendant’ presence?

August 8, 2011

Paul Wallin
Does permitting a victim to testify via closed-circuit television violate the defendant’s sixth amendment rights to confront the witnesses against him when there was no direct inquiry into how the victim would feel about testifying in the defendant’ presence? The principle behind Penal Code 1347 is making available the testimony of the witness. The main […]

Federal Court Overturns Conviction Of Teen Convicted Of Mass Murder In 1993 Due To Inadequate Miranda Warnings And A Coerced Confession

May 10, 2011
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Paul Wallin
Federal Court Overturns Conviction Of Teen Convicted Of Mass Murder In 1993 Due To Inadequate Miranda Warnings And A Coerced Confession Johnathan Doody was a 17-year-old high-school student when he confessed to participating in the 1991 murders at the Wat Promkunaram Buddhist Temple near Phoenix, Arizona.  The nine victims, including six Buddhist monks, two nuns […]

California DMV Hearings – Court of Appeals Determined Individual's Due Process Rights were Violated

May 6, 2011
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Paul Wallin
California DMV Hearings – Court of Appeals Determined Individual's Due Process Rights were Violated In Petrus v. State of California Department of Motor Vehicles, the Court of Appeal, Fourth Appellate District, held that due process was violated where the defense is denied the opportunity to present a meaningful defense. The defense must be given the […]

OJ Simpson Conviction For Robbery And Kidnapping Upheld On Appeal

October 28, 2010
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Paul Wallin
OJ Simpson Conviction For Robbery And Kidnapping Upheld On Appeal On October 22, 2010 the Nevada Supreme court denied OJ Simpson’s appeal to overturn his armed robbery and kidnapping convictions. Simpson was convicted by a Las Vegas jury for a crime in a hotel which he claims he was trying to reclaim property that belonged […]

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