Does the Fourth Amendment Protect a Person from Private Searches? With few exceptions, the Fourth Amendment prohibits unreasonable searches and seizures without approval by a judge or magistrate. However, the Fourth Amendment does not protect a person from private searches, because the United States Constitution only protects against governmental action. What is the Private […]
San Diego Trial Court Imposes 5 Year Enhancement for Burglary [PC 1192.5] A San Diego criminal conviction was appealed, and the California Court of Appeal issued their holding on 10/28/2020. The appeals court held there was no abuse of discretion in the San Diego trial court’s decision not to strike the defendant’s five-year enhancement imposed […]
Prop 57 May Not Apply To Juvenile Offenders Sentenced In A Trial Court Defendant Jesus Lizarraga (“Lizarraga”) was 17 years old when he shot and killed a member of a rival gang. In 2014, Lizarraga was tried as an adult and was convicted of second degree murder. Lizarraga was sentenced to serve 40 years to […]
8,000 California Inmates Could be Released by August—Are you or your loved one eligible? As we mentioned at the beginning of the pandemic in California, the state’s justice system has implemented unprecedented protocols in an attempt to quell the surge in COVID-19 cases among incarcerated inmates by releasing 3,500 California inmates within 60 days. […]
What is a "No-Contest" Plea? | A Breakdown In California, the vast majority of criminal cases (most estimates put the number over 95%) are not resolved by taking the matter to trial. When a defendant in a courtroom proclaims “Not guilty” through defense counsel that begins a contested process where the final outcome is rarely […]
Can I Be Prosecuted as an Accessory if I Refuse to Testify? Accessory v. Accomplice This is an interesting question and, at the outset, let's differentiate an "accessory" from an "accomplice." Generally, an accessory is someone who helps someone escape arrest, trial, or conviction, but is not involved in the crime themselves; whereas an accomplice […]
Orange County Law Firm Will Offer Virtual Consultations Throughout the Duration of the COVID-19 Pandemic [TUSTIN, CA]: The offices of Wallin & Klarich will remain open to assist clients and potential new clients during the COVID-19 Coronavirus pandemic, in accordance with Mandated Safety Guidelines by the World Health Organization. To better serve our clients, Wallin […]
SB 269 Statute of Limitations for Wrongful Convictions Extended Previous Law for Wrongful Convictions Existing law authorizes a person who has been convicted of a felony, imprisoned or incarcerated, and granted a pardon because either the crime was not committed or the person was innocent of the crime to present a claim against the state […]
MAJOR CHANGES IN THE DEFINITION OF KIDNAPPING MADE BY THE CALIFORNIA APPELLATE COURT In People v. Taylor, the defendant was charged with robbery [PC § 211] and kidnapping for the purpose of committing robbery [PC § 209]. David Ho worked at a nail salon in Los Angeles and he went outside the nail salon to […]
Veterans Treatment Courts: An Option for Service Members The U.S. Armed Forces are a source of pride for this country. It is an all volunteer force that attracts the best and brightest from all over the United States, and time after time, these men and women are deployed into the harshest environments to do the […]
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