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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of Mind Upon being charged with a crime, it is a common tactic for the District Attorney (DA) to request that the bail be set at maximum or raised, which often requires you to stay in […]
New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused For years, persons facing a strike crime in California as an adult could be facing 25 years to life if the prosecutor could prove that the person had 2 prior strikes. Until now, […]
Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case Negotiating favorable plea deals is an artform. The defense attorney must balance the interests and desires of their client while navigating the realities of the facts of the case and the evidence at hand. Each type of criminal offense has a specific strategy […]
California Defendants Accused of Crimes Often Wait Years Before Their Day in Court Thousands of people in California have been sitting in jail for over 3 years while they wait for their day in court, some of them are possibly completely innocent of the crimes they are accused of. The 6th Amendment to the […]
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