Can You Appeal A Conviction Years Later?
How Long Do You Have to Appeal a Conviction? If you or someone you know has been convicted of a crime in the state of California, you only have a limited amount of time to file an appeal. In most cases, you have 60 days from your conviction to file an appeal. However, there are certain requirements that must be met and the appeals process can be complex. It is…
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What Is A “Heat Of Passion” Defense?
“Heat Of Passion” Defense The heat of passion defense is one of the defenses available to those accused of committing a crime in California. It's based on the principle that a person who acts in the heat of passion, without sufficient time for their passion to cool, and with an honest and reasonable belief that their actions were necessary for self-defense or defense of another, should not be held liable…
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How Does Bail Work? Posting Bail In Irvine, CA
How Does Bail Work? Posting Bail In Irvine, CA Posting bail is a critical part of the criminal justice process. In Irvine, California, this process can be complicated, so it is important to have an experienced defense attorney by your side as you navigate your way through the legal system. If you’re facing legal challenges, consider calling us to see how we can help. We have over 40 years of…
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All Barstow Traffic Tickets Must Now Appear in Needles or Victorville
All Barstow Traffic Tickets Must Now Appear in Needles or Victorville Traffic tickets can be a hassle. If you have been issued a traffic ticket, you may need to take time off work or from your busy schedule in order to appear in court and wait hours for your case to get called. Recently, there has been an update to Barstow’s traffic court, whereby anyone who receives a traffic ticket…
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OC’s DNA Collection Program May Be Unconstitutional
OC’s DNA Collection Program May Be Unconstitutional In a recent ruling, the 4th District Court of Appeal has held that Orange County’s DNA collection program may be unconstitutional. If you have been charged with a misdemeanor offense in Orange County, continue reading to see if you may be affected by this new ruling. What Is the DNA Collection Program? The DNA collection program, also known as “Spit and Acquit,” allows…
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Your Rights Against Unreasonable Searches and Seizures in California
Your Rights Against Unreasonable Searches and Seizures in California Under the 4th Amendment of the U.S. Constitution, you have the right to be protected against unreasonable searches and seizures by law enforcement. If you feel that you have been the victim of an unreasonable search and seizure, contact our experienced attorneys at Wallin & Klarich today to see how we can help you protect your rights. What Is an Unreasonable…
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What Happens When Someone Presses Charges Against You?
What Happens When Someone Presses Charges Against You? When someone presses charges against you, they are prosecuting a criminal case against you as a suspect of a crime. Despite common belief, only a prosecutor may press charges against you. Although any other persons, including the alleged victim and law enforcement, may not press charges, they can file a police report. A police report permits the prosecution to press charges and…
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What Does a Public Defender Do?
What Is a Public Defender? In criminal prosecutions, all defendants have a right to an attorney under the Sixth Amendment of the Constitution. Public defenders provide legal defense for those who are not financially able to employ counsel. Public defenders are licensed attorneys and are paid by the government to provide representation. While the Constitution guarantees your right to an attorney, you typically cannot pick who your public defender will…
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How to Get Out of Statutory Rape Charges
How to Get Out of Statutory Rape Charges What Is Statutory Rape? In California, statutory rape is defined as unlawful sex with a minor under the age of 18, even if the sex is consensual. Minors are assumed to be incapable of giving informed consent to sex. Statuory rape can be classified as the four following types: Oral sex between a minor who is less than 18 and a defendant…
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How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate
How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate Penal Code Section 1473.7 permits a defendant to vacate their plea in two ways: 1) Legal invalidity with actual or potential Immigration Consequences; or 2) Newly discovered evidence of actual innocence. The Court in Espinoza reviews the first one and provided the following guideline below to determine the reasonable probability of prejudicial error:…
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