Our Recent Criminal Defense Posts

Changes to the Felony Murder Statute in California SB 1437

January 14, 2021

Wallin and Klarich Criminal Defense Law Firm Orange County

Changes to the Felony Murder Statute in California SB 1437 In 2018, the Legislature enacted Senate Bill No. 1437, which amended the felony murder statute to read that a defendant is only guilty of felony murder if he: actually killed the victim, directly aided and abetted or solicited in the killing, or otherwise acted with […]

Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California?

January 12, 2021

Criminal Defense, Manslaughter, Murder

Paul Wallin

Wallin & Klarich Criminal Defense Attorneys Orange County Methamphetamine Overdose

Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California? Recently, the question confronting courts is whether the use of meth by a pregnant woman is reckless and deliberate enough to elevate the death of a fetus from manslaughter to murder? And if it is, does such a charge of murder […]

In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle

January 7, 2021

Criminal Defense, Traffic

Paul Wallin

Wallin & Klarich Criminal Defense Attorneys Marijuana

In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle The Fourth Amendment to the U.S. Constitution provides the people have a right to be secure in their person, houses, possessions, and papers and that the government (i.e., police officers) cannot conduct […]

California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence

January 4, 2021

Criminal Defense, Murder, Resentencing

Paul Wallin

Wallin & Klarich Criminal Defense Attorneys PC 1170.95 Murder Resentencing

California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence On September 30, 2018, the California Legislature passed Senate Bill No. 1437, which became effective January 1, 2019. This bill made changes to felony murder and murder under a natural and probable consequences doctrine. Before Senate Bill No. 1437, defendants […]

UPCOMING CHANGES TO PROBATION IN CALIFORNIA

December 29, 2020

Criminal Defense, Probation

Paul Wallin

Wallin & Klarich Criminal Defense Attorney Orange County Probation Changes California AB 1950

UPCOMING CHANGES TO PROBATION IN CALIFORNIA 2021 will bring about many changes much needed changes to our criminal justice system. One of these changes is California Assembly Bill 1950 [AB 1950]. AB 1950 changes the existing law to set the maximum term of probation for most misdemeanor cases to one year and the maximum term […]

What is the Right to Waive a Jury Trial?

December 22, 2020

Criminal Defense, Jury Trial

Paul Wallin

Wallin & Klarich Orange County Criminal Defense Attorneys Jury Trial

What is the Right to Waive a Jury Trial? In criminal prosecutions, the defendant may decide whether he or she would like to waive the right to a jury trial. Should the defendant choose to waive this right, the defendant will have what is called a bench trial that is conducted by a judge alone. […]

When is it a Crime to Encourage Someone Not to Report a Crime?

December 17, 2020

Criminal Defense, Domestic Violence

Paul Wallin

Wallin & Klarich Orange County Criminal Defense Attorney Dissuade Domestic Violence

When is it a Crime to Encourage Someone Not to Report a Crime? Not surprisingly, it is a crime to dissuade someone from testifying against you in court. In addition, the law states that “every person who attempts to prevent or dissuade someone who has been the victim of a crime or who is witness […]

COVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment

December 14, 2020

Arraignment, Criminal Defense, Legal Rights

Paul Wallin

COVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment The question before the court in Lacayo v. Superior Court was whether there were such “extraordinary circumstances” presented by the COVID-19 global pandemic to justify “good cause” for continuance of the defendant’s preliminary hearing beyond the 60-Day Rule. On February […]

Can My Accomplice Testify Against Me In Court?

December 10, 2020

Criminal Defense, Jury Trial

Paul Wallin

Wallin & Klarich Orange County Criminal Defense Accomplice Testimony

Can My Accomplice Testify Against Me In Court? What is an Accomplice? An accomplice is one who aids, abets, or encourages another person to commit a crime with the intent that the crime be committed. See California Penal Code § 31. Navigating Accomplice Testimony in California In a criminal prosecution, the district attorney’s office can […]

Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life

December 7, 2020

Criminal Defense, Murder, Robbery

Paul Wallin

Wallin & Klarich Orange County Criminal Defense Attorney Felony Murder SB 1437

Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life In 2000, a man was convicted in San Bernardino for a home invasion robbery during which the man’s accomplice shot and killed a resident of a house. In 2005, the man was found guilty of first-degree felony murder and assault with a […]

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18022 Cowan # 285, Irvine, CA 92614

(949) 776-3424
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San Bernardino

225 W Hospitality Ln Suite 319, San Bernardino, CA 92408

(909) 383-1867
(888) 749-0034

Riverside

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

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15437 Anacapa Rd Unit 12, Victorville, CA 92392

(760) 245-3045
(888) 749-0034

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