What Is the Entrapment Defense?
What Is the Entrapment Defense? What Is Entrapment? Police entrapment is a legal defense to criminal accusations based on specific encounters between a law enforcement officer and a defendant before any alleged prohibited conduct has happened. Entrapment occurs when the police officer pressures or convinces a defendant to commit a crime in their presence. In some situations, a person can be entrapped if an officer engages in conduct that would…
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Fireworks Laws to Know for Your July 4th Celebration
Fireworks Laws to Know for Your July 4th Celebration Types of Fireworks: Which Are Legal? With the Fourth of July coming up, you may be thinking about putting on a celebration. If so, you will need to know California’s laws regarding fireworks, as not all of them are legal in the state. According to California Health and Safety Code Section 12511, “fireworks” is defined as any device containing chemical elements…
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Penalties for Illegal Abortions in California
Penalties for Illegal Abortions in California California’s Abortion Law Abortion refers to the deliberate termination of a pregnancy, generally using medicine or surgery to remove an embryo or fetus from the uterus. In California, abortion has been legal since 1967, and the state retains stronger reproductive health rights than much of the rest of the nation. Despite this, California does impose certain restrictions on these procedures. The right to an…
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People v. Reynoza: Dissuading A Witness
People v. Reynoza: Dissuading A Witness Many people find themselves charged with improper crimes due to the prosecutor misconstruing or attempting to broaden the definition of certain legal language to convict someone of something when they are grasping at straws to find a sufficient charge. The case of People v. Reynoza is such a case where a defendant in a firearms possession case who had already been charged was…
Read MoreThree Very Important Things to Remember for Your Restraining Order Hearing
Three Very Important Things to Remember for Your Restraining Order Hearing 1. A respondent must be served with the restraining order documents. The first thing that a petitioner must do after filing the appropriate paperwork with the courthouse is arrange to have the respondent served. Service means that the respondent has been provided a copy of all the documents that have been filed with the court. The reason a respondent…
Read MoreMan Charged With Vehicular Homicide After Starting Chain-Reaction Of Collisions
Being involved in a fatal accident is a serious matter. Depending on the circumstances you can be charged with vehicular homicide as a misdemeanor, as a felony, or a more serious charge such as second-degree murder. If you are convicted of any of these charges you can spend a significant amount of time in jail. Recently, an Orange County jury found a 26-year-old Las Vegas man guilty of second-degree murder…
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BIG Break For Those Facing Serious Jail Time In California
BIG Break For Those Facing Serious Jail Time In California Governor of California signs new law allowing judges to dramatically lower potential sentences for those facing serious crimes A new law signed into law by Governor Newsom (Senate Bill 81) mandates judges to dismiss certain sentence enhancements if the court finds that it is in the interest of justice to do so. District Attorneys regularly file “enhancements which are capable…
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I am charged with a felony. Can Wallin & Klarich help me get mental health diversion?
I am charged with a felony. Can Wallin & Klarich help me get mental health diversion? Some people will be surprised to find out that most felony and misdemeanor charges are eligible for mental health diversion. Yes, this even includes crimes involving so-called strike enhancements! As of June 27, 2018, criminal defendants suffering from recognized mental conditions (i.e. depression, PTSD, anxiety, etc.) could have their criminal charges dismissed upon successful…
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Could Be Convicted Of A Serious Felony In Some Cases Even If The Witness Who Identified You Doesn’t Testify At Trial
Could Be Convicted Of A Serious Felony In Some Cases Even If The Witness Who Identified You Doesn’t Testify At Trial You might be wondering “how is it possible that you or a loved one could be convicted of a crime such as a robbery, even when the witness who said you confessed to the crime doesn’t testify at your trial?” When you go to law school one of the…
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People vs. Nieves: Death Penalty Sentence Overturned
People vs. Nieves: Death Penalty Sentence Overturned In an opinion issued May 3rd, 2021 the California Supreme Court overturned the death sentence of a mother who was convicted of killing her 4 children due to misconduct by the court during the penalty phase of the case. The Guilt Phase and The Penalty Phase The United States Supreme Court has set a two-step procedure for death penalty cases where the jury…
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