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Criminal Defense Archives - Page 2 of 44 - Wallin & Klarich

Our Recent Criminal Defense Posts

People v. Zapata: When Do Police Violate Your Rights After You Ask for a Lawyer?

March 4, 2026
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Paul Wallin
Police officer wearing high-visibility vest holding tactical rifle equipment outdoors
People v. Zapata: When Do Police Violate Your Rights After You Ask for a Lawyer? If you are under arrest and tell law enforcement, “I want to speak to a lawyer,” that statement carries enormous legal weight. Police officers are required to stop custodial interrogation once you clearly invoke your right to counsel. In People […]

Court Rules Public Defenders May Decline Racial Justice Act Habeas Cases: What Accused Individuals Need to Know

March 2, 2026
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Paul Wallin
Close-up of hands gripping prison bars, symbolizing incarceration, criminal justice, and loss of freedom.
Court Rules Public Defenders May Decline Racial Justice Act Habeas Cases: What Accused Individuals Need to Know A recent published decision from the California Fourth District Court of Appeal has clarified an important—and often confusing—issue for accused individuals seeking postconviction relief under the California Racial Justice Act (RJA): county public defenders cannot be forced to […]

Held Too Long, Case Thrown Out: Why Benavides v. Superior Court Reinforces California’s 10-Day Rule

February 23, 2026
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Paul Wallin
Close-up of hands gripping prison bars, symbolizing incarceration, criminal justice, and loss of freedom.
Held Too Long, Case Thrown Out: Why Benavides v. Superior Court Reinforces California’s 10-Day Rule When an accused individual is sitting in jail waiting for a preliminary hearing, California law imposes strict deadlines on the prosecution. Those deadlines are not suggestions. They are mandatory—and when they are violated, the case must be dismissed. That is […]

Bail in California: The Law Presumes Release — Not Jail

February 17, 2026
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Paul Wallin
Punishment for Federal Child Pornography Convictions
Bail in California: The Law Presumes Release — Not Jail If you or a loved one has been arrested in California, one of the most frightening moments often comes after the arrest — learning that bail has been set at an amount that makes release impossible. Many families assume there is nothing that can be […]

When Can a Minor Be Tried as an Adult in California?

February 16, 2026
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Paul Wallin
Jail Bars and Cuffs
When Can a Minor Be Tried as an Adult in California? Did you know that in certain circumstances, minors can be tried as adults in California? Understanding California's laws about when and how minors can be transferred to adult court is important for any family facing this situation. Our experienced criminal defense attorneys at Wallin […]

When a Court Ignores Mental Health Experts: How Siam v. Superior Court (People)Strengthens Mental Health Diversion Rights in California

February 9, 2026
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Paul Wallin
Empty wooden judge's bench in courtroom with judge's chair and gavels, representing law and justice system.
When a Court Ignores Mental Health Experts: How Siam v. Superior Court (People) Strengthens Mental Health Diversion Rights in California California’s mental health diversion law, Penal Code section 1001.36, was created to give individuals with qualifying mental health conditions an opportunity for treatment instead of incarceration. The law reflects a clear legislative preference for rehabilitation […]

DUI Second-Degree Murder: Understanding California's Watson Murder Rule

January 22, 2026
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Paul Wallin
DUI Murder
DUI Second-Degree Murder: Understanding California's Watson Murder Rule The recent conviction of a man for second-degree murder following a fatal DUI crash in Santa Ana serves as a reminder of how driving under the influence can transform into a murder charge under California law. This case exemplifies the serious consequences defendants face when they drive […]

Racially Charged Police Remarks Can Open the Door to a New Hearing—and Possibly a Reversed Conviction

January 20, 2026
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Paul Wallin
Racially Charged Police Remarks Can Open the Door to a New Hearing—and Possibly a Reversed Conviction When police officers allow racial bias to influence their decisions, the consequences can extend far beyond an unlawful stop or an improper search. Under California’s Racial Justice Act (RJA), racially charged remarks—whether spoken during a traffic stop or written […]

Arrested After an Online Sting? A California Court Just Reversed a Conviction Based on Mistake of Age

January 8, 2026
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Paul Wallin
Two professionals collaborating on business strategy with laptops and documents at a table during a meeting.
Arrested After an Online Sting? A California Court Just Reversed a Conviction Based on Mistake of Age Being accused of an online sex offense involving a minor can feel overwhelming and frightening—especially when law enforcement claims the case is “open and shut.” But a critical California appellate decision, People v. Ismaiel, proves that what you […]

If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed

December 31, 2025
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Paul Wallin
Close-up of judge's hand with gavel and handcuffs on wooden desk, representing law and justice system.
If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed If you've been convicted of a crime in California, you might think your legal battle is over. But what if the judge and prosecutor were communicating about your case […]

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