In re Viehmeyer: Can a Person Be Eligible For Early Parole Under Prop 57 if She is Convicted of Violent and Non-violent Felonies? In 2002, Viehmeyer was pulled over in Santa Ana, California for making an illegal “U-turn” and while running the plates, the officer found the vehicle was reported stolen. Viehmeyer got out of […]
Your Fourth Amendment Rights May Protect You From Government Intrusion When At Your Home The Supreme Court ruled in a case upholding a citizen’s Fourth Amendment rights in a recent case of Lange vs California, in which police officers entered a person’s garage and cited him for driving while intoxicated. In the case, Lang was […]
IF SOCIAL WORKERS TAKE YOUR CHILD, CAN THE COURT DENY YOU ALL VISITATION WITH YOUR CHILD? The sad answer to this question is YES that in some cases the court can issue an order that you be denied all visitation with your child. The general rule is that if your child is taken from […]
WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION? Penal Code §1001.36 allows the judge to grant diversion to a defendant, however, it is silent as to when the defendant must request they be placed in a diversion program. Generally, a diversion program is considered a pre-trial issue that can prevent the case from even going to […]
Why Should I Hire Wallin & Klarich If I Have Been Served With A Restraining Order? If you have been served with a restraining order, it is imperative that you hire Wallin & Klarich to represent you. A restraining order can involve both civil and criminal action. You will need to go to court and […]
IF YOU ARE CURRENTLY ON PROBATION A NEW LAW MAY ALLOW YOU TO SHORTEN OR GET OFF OR PROBATION NOW A new law went into effect on September 30th, 2020. Assembly Bill 1950 which amended Penal Code section 1203.1(a) which now states the maximum amount of time a person convicted of a felony can […]
Charged with felony domestic violence and felony false imprisonment One Wallin & Klarich client was charged with felony domestic violence (P.C. 273.5(a)) and felony false imprisonment (P.C. 236). It was alleged that the client prevented his spouse from leaving a room in their home by locking the door during a verbal argument and that the […]
IF YOU PUNCH A COP YOU LIKELY WILL GO TO JAIL!!! Well, don’t because California Penal Code Section 243(b) makes punching a cop illegal. However, you can only be convicted of battery on a police officer if the following elements can be proven beyond a reasonable doubt: The officer was performing their duties […]
Embezzlement : Wallin & Klarich Client Our Client was charged with felony embezzlement under Penal Code section 503 for allegedly stealing over $30,000 from her employer. This offense is a wobbler, meaning it can be charged as a misdemeanor or a felony. Misdemeanor Embezzlement When the value of the items stolen is less than $950.00, […]
Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like? Domestic violence restraining orders may be filed by married or registered domestic partners, spouses, significant others, former spouses and significant others, and cohabitants. Children who are 12 years of age or older can file a restraining order […]
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