Our Recent Criminal Defense Posts

When the Victim Does Not Want to Prosecute

April 12, 2021

When the Victim Does Not Want to Prosecute We hear it all the time from domestic violence clients, “The case should be dismissed because my wife/girlfriend/husband/boyfriend will not testify against me!” Unfortunately, that is simply not how it works. If the “alleged victim” does not wish to testify, the prosecution will attempt to call […]

Can You Be Punished Twice For the Same Crime?

April 8, 2021

Criminal Defense

Paul Wallin

Can You Be Punished Twice For the Same Crime? The California Penal Code provides that a person who is convicted of multiple crimes for engaging in the same criminal act shall be punished under the provision that provides the longest potential term of imprisonment. (Cal Penal Code §654.) In determining whether a defendant has been […]

What Evidence Does A Prosecutor Need To Charge You With Hit and Run? [20002 VC]

April 1, 2021

Criminal Defense, Hit and Run

Paul Wallin

What Evidence Does A Prosecutor Need To Charge You With Hit and Run? [20002 VC] With so many cars on the freeways, streets, and roads every day, eventually there will be a moment where two or more vehicles try to occupy the same space at the same time. When these accidents happen, it is customary […]

Can a Criminally Accused Person Invoke Their 5th Amendment Privilege Against Self-Incrimination?

March 29, 2021

Criminal Defense

Paul Wallin

Can a Criminally Accused Person Invoke Their 5th Amendment Privilege Against Self-Incrimination? Civil restraining orders are often filed concurrently with criminal charges or a criminal investigation. To protect against criminal liability the criminally accused may invoke their 5th amendment privilege against self-incrimination. It is well settled that the privilege against self-incrimination may be invoked in […]

AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record

February 5, 2021

Criminal Defense, Diversion Programs

Paul Wallin

AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record With the pandemic surging in numbers, coronavirus is still a concern in California prisons. The state’s justice system has implemented several protocols in response. One such response is the passing of AB 3234. Beginning January 1, 2021, […]

The Elderly Parole Program

January 29, 2021

Criminal Defense, Parole

Paul Wallin

The Elderly Parole Program If you know someone who is incarcerated and they are over 50 years old and they have served more than 20 years of their sentence in custody, they may be eligible for early release from custody through the Elderly Parole Program [AB 1448]. In 2020, the Legislature passed AB 3234, which […]

Can Police Enter a Home When They are Chasing a Person for a Misdemeanor?

January 26, 2021

Criminal Defense

Paul Wallin

Can Police Enter a Home When They are Chasing a Person for a Misdemeanor? The Fourth Amendment to the United States Constitution and article I, section 13 of the California Constitution protect against warrantless entry by police into a residence to seize a person, because this seizure is presumptively unreasonable and lawful absent exigent circumstances. […]

“Harmless Errors” By the Court May Not Affect the Verdict

January 21, 2021

Criminal Defense, Jury Trial

Paul Wallin

Wallin & Klarich Orange County Criminal Defense Attorney Harmless Errors

“Harmless Errors” By the Court May Not Affect the Verdict People v. Schultz (2020) Defendant Michael Schultz (“Schultz”) was convicted of first-degree murder of Cynthia Burger (Penal Code § 187(a)) by a jury, finding true the special circumstance allegations that the murder was committed while Schultz was engaged in the commission of rape and burglary […]

If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437

January 18, 2021

Criminal Defense, Murder

Paul Wallin

Wallin & Klarich Orange County Criminal Defense Attorney Felony Murder

If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437 On November 19, 2020, the California Court of Appeals affirmed (i.e. upheld) a prisoner’s murder conviction. The appellant in this case, prisoner Derrick Swanson, was involved in a robbery of a gas station in Long Beach, California in […]

What duty does an attorney owe to their client?

January 15, 2021

Criminal Defense

Paul Wallin

What duty does an attorney owe to their client? In the U.S. Constitution, the Sixth Amendment guarantees a criminal defendant the right to an attorney for assistance with their defense. To supplement that law, Rule 1.1 of Professional Responsibility states that “a lawyer shall provide competent representation to a client”. The client-lawyer relationship is extremely […]

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18022 Cowan # 285, Irvine, CA 92614

(949) 776-3424
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(909) 383-1867
(888) 749-0034

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(951) 684-3340
(888) 749-0034

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(760) 245-3045
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