Factual Innocence and the C.A.R.E. Act: The Difference Between PC 851.8 and PC 851.91
Factual Innocence and the C.A.R.E. Act: The Difference Between PC 851.8 and PC 851.91 An arrest record can haunt you for the rest of your life. Having an arrest on your record could cause you to be denied the opportunity to attend the college of your choice, prevent you from pursuing a career in your desired field, and make you ineligible to obtain a professional license. Regardless of whether you…
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Will a Disorderly Conduct PC 647(F) Conviction Prevent Me from Getting a Concealed Weapons Permit?
Will a Disorderly Conduct PC 647(F) Conviction Prevent Me from Getting a Concealed Weapons Permit? California law prevents some people from receiving a permit for carrying concealed weapons (CCW) in public. Most often, those people are those with criminal convictions that are an automatic barrier to the permit. Many clients wonder whether a conviction for disorderly conduct will bar them from obtaining a CCW. The answer is: It depends. California…
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Juror Misconduct and Your Right to Appeal
Juror Misconduct and Your Right to Appeal Our system of criminal justice is founded upon the principal that no person should be punished unless a group of impartial citizens, having reviewed the evidence of the case, declare unanimously that the person is guilty beyond a reasonable doubt. For the system to work, the jury must be sheltered from outside influence and sources of information, and the people who may contact…
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California Cracking Down on Unauthorized Practice of Law (Business and Professions Code Section 6126)
California Cracking Down on Unauthorized Practice of Law (Business and Professions Code Section 6126) Immigrants are among the groups of people most frequently targeted by con artists and scammers. Recently, people pretending to be lawyers have taken advantage of the anxious state of immigrants. Posing as attorneys, these people claim they can help with immigration issues, bilking their “clients” out of money and providing no legal services at all. That…
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Domestic Battery and Gun Rights (PC 243(e)(1))
Domestic Battery and Gun Rights (PC 243(e)(1)) A domestic battery conviction could lead to harsh penalties. If you are convicted of domestic battery under PC 243(e)(1), you face up to 364 days in county jail and fines of up to $2,000. You may also be required to complete a batterer’s class. Additionally, you will lose your right to possess, own or purchase a firearm. Let’s take a closer look how…
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Is It Illegal to Shoot a BB Gun in California? (PC 246.3)
Is It Illegal to Shoot a BB Gun in California? (PC 246.3) “You’ll shoot your eye out, kid.” Every holiday season, you can’t turn on your TV without hearing that warning from Santa Claus to Ralphie in the classic movie, A Christmas Story. All Ralphie wanted from Santa was “an official Red Ryder carbine action, two hundred shot range, model air rifle.” People usually think of BB guns like the…
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How the Fourth Amendment Impacts Your DNA Rights
How the Fourth Amendment Impacts Your DNA Rights In 2006, Daniel Marquez was arrested in Ventura County for an alleged drug possession offense. His DNA sample was collected four days later without a warrant and without his consent. In 2008, Orange County investigators obtained DNA evidence from a robbery that matched Marquez’s DNA profile in the database. Marquez, who was on felony probation at that time, had voluntarily provided this…
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Is Domestic Battery a Felony or a Misdemeanor? (PC 243(e)(1))
Is Domestic Battery a Felony or a Misdemeanor? (PC 243(e)(1)) If you willfully commit a harmful or offensive touching on a significant other, roommate, child, family member or cohabitant, you could be charged with domestic battery under California Penal Code Section 243(e)(1). Will you be facing misdemeanor or felony charges if you are accused of domestic battery? Our skilled domestic battery attorneys have been successfully defending clients charged under PC…
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The 4 Most Common Mistakes Defendants Make in Criminal Cases
The 4 Most Common Mistakes Defendants Make in Criminal Cases Our skilled criminal defense attorneys have been successfully defending clients facing criminal charges for more than 40 years. When a client hires Wallin & Klarich, we advise them on how best to handle their case. But sometimes, clients do not listen to our advice and make mistakes. Here are the four most common mistakes defendants make in criminal cases so…
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The Elements Required to Add a Gang Enhancement to Your Sentence (PC 186.22(b))
The Elements Required to Add a Gang Enhancement to Your Sentence (PC 186.22(b)) Fear of gang violence across California in 1988 led to the passage of the Street Terrorism Enforcement and Prevention Act. Known as the “STEP Act,” this law determined that a person who engaged in specific crimes as a gang member or helped a gang member engage in certain crimes would not only be sentenced for the crime…
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