What is the Minimum Sentence for Child Molesters Under California Penal Code 647.6 PC

What is the Minimum Sentence for Child Molesters Under California Penal Code 647.6 PC If you have been accused or charged with child molestation, chances are you are worried about the impact a child molestation conviction could have on your life and what is the minimum sentence for child molesters in California.   The skilled attorneys at Wallin & Klarich have been successfully defending clients facing child molestation charges for more…

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Is Spanking a Child Illegal in California?

Is Spanking a Child Illegal in California? Under California law, spanking your child, or using some other reasonable form of corporal punishment,  isn't necessarily illegal. However, physical punishment inflicted on a child should not be excessive and cause injury. If the punishment you inflict causes injury to your child, there is a good chance that you could be charged with child abuse under PC 273d of the California Penal Code.…

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How Long After Being Molested Can You Press Charges in California?

How Long After Being Molested Can You Press Charges in California? A statute of limitations determines the timeline for criminal charges to be brought against the perpetrator of a crime. Although the statute of limitations will often vary from crime to crime, charges for child molestation will typically have a considerably longer statute of limitations window compared to other criminal offenses. That makes it possible for charges to be filed…

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People v. Avalos: Conviction Reversed Due to Miranda Violation 

People v. Avalos: Conviction Reversed Due to Miranda Violation  By law, a police officer must read you your rights when you are arrested. This is called a “Miranda warning” and consists of the following statements:  You have the right to remain silent.  Anything you say can and will be used against you in a court of law.  You have the right to an attorney.  If you cannot afford an attorney,…

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People v. Ware: Specific Intent to Kill Required for Murder Conviction 

People v. Ware: Specific Intent to Kill Required for Murder Conviction In the case of People v. Ware, the Supreme Court of California held that there must be evidence of a specific intent to kill in order for a defendant to be convicted of murder. Even if there is evidence for conspiracy to commit murder, this is not enough unless the prosecution can prove intent. If you or your loved…

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Even Lawyers Go to Prison for Stealing

The Case of Michael J. Avenatti  Lawyer Michael J. Avenatti represents a case of serious attorney misconduct. Currently, the Santa Ana lawyer is in the midst of serving five years at Terminal Island Federal Correctional Institution in Los Angeles. He was previously convicted in New York for the attempted extortion of Nike and for swindling former pornographic actress Stormy Daniels of her payment for a book deal. More recently, the…

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Lack of Substantial Evidence Can Lead to Dismissal of Your Dependency Petition 

In re G.Z.: Lack of Substantial Evidence Can Lead to Dismissal of Your Dependency Petition  In the case of G.Z., who was the minor child of mother Kimberly, the juvenile court found that G.Z.’s injuries were the result of his mother’s neglectful acts. Kimberly appealed to the California Court of Appeal, which reversed the juvenile court’s finding based on a lack of substantial evidence and directed the juvenile court upon…

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The Cost of a Lawyer in California

How much is a lawyer in Southern California?   The cost of a lawyer can vary greatly depending on the type of case, the lawyer's experience, and the location of the practice. In general, however, lawyers in Southern California charge anywhere from $100 to $700 per hour.  However, you can consult with our experienced defense attorneys right now to find out how much it will cost to defend your case. Call…

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District Attorney’s Dirty Trick Violates the Constitution, Says U.S. Department of Justice

District Attorney’s Dirty Trick Violates the Constitution, Says U.S. Department of Justice

District Attorney’s Dirty Trick Violates the Constitution, Says U.S. Department of Justice Recently, the Orange County District Attorney’s (DA) Office and the Orange County Sheriff’s Department were found to have violated the constitutional rights of inmates in the Orange County jail due to their use of a custodial informant program. The Department of Justice (DOJ) conducted an investigation and released a report on its findings, including many suggested reforms for…

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Is Intoxication a Defense in California Criminal Cases?

Is Intoxication a Defense in California Criminal Cases?

What Is the Intoxication Defense?  In criminal law, intoxication is a defense that allows defendants to reduce their liability for a crime due to substance intoxication in limited circumstances. Sometimes, crimes require the defendant to have a certain mental state called the mens rea in order for the defendant to be guilty. This means that if the defendant was under the influence of drugs or alcohol during the commission of…

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