Can I Face Charges Of Negligent Discharge Of A Firearm By Firing My Handgun Into The Sky?
Can I Face Charges Of Negligent Discharge Of A Firearm By Firing My Handgun Into The Sky? The answer is yes. In fact law enforcement all over Southern California is on high alert for this weekend because of so many such incidents in recent years. The fear is that falling ammunition can seriously injure or kill people because of the velocity of the spent rounds. Penal Code 246.3 PC, California's…
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Federal Courts Cannot Restrict A Convicted Sex Offender From Seeing His Own Children
Federal Courts Cannot Restrict A Convicted Sex Offender From Seeing His Own Children Neither the Court nor Probation can prohibit you from access to your own children without justified reason to do so. In this day and age, Courts and Probation officers bend over backwards to restrict convicted sex offenders from being around children – any children – even their own; regardless of whether the underlying conviction or crime had…
Read MoreWhat is the Watson Murder rule?
What is the Watson Murder rule? In California, if you have been convicted of a DUI in the past and then caused the death of another person in a subsequent DUI-related incident then you can be charged with murder and face a minimum of 15 years to life in prison. This situation is known as a “Watson Murder,” originated with the case of People v. Watson, where a defendant had…
Read MoreHow Much of Your Jail Sentence will You Really do in Los Angeles County Jail?
How Much of Your Jail Sentence will You Really do in Los Angeles County Jail? There is a tremendous overcrowding problem at the Los Angeles County Jail, and our Wallin & Klarich criminal attorneys in Los Angeles have taken a different approach to the handling of crime cases pending in the county. This problem has been caused by a major change in the laws which changed the penalty for many…
Read MoreTrial Underway in DUI Gross Vehicular Manslaughter Case CA Penal Code 191.5
Trial Underway in DUI Gross Vehicular Manslaughter Case CA Penal Code 191.5 The trial has begun over the death of a California Highway Patrol officer at the hands of an alleged intoxicated driver in 2010. Rafael Garcia, age 20, is charged with gross vehicular manslaughter while intoxicated with marijuana, but claims he simply fell asleep. What is not in dispute in the case is that Garcia struck and killed 28-year-old…
Read MoreAre California’s Public Defender’s Offices too Overwhelmed to Provide Adequate Legal Representation?
Are California's Public Defender's Offices too Overwhelmed to Provide Adequate Legal Representation? The reality is that due to current economic times the public defenders offices are overflowing with cases. Only a very small percentage of those accused can afford to retain a lawyer. The public defenders caseloads have gone through the roof in most counties over the last few years. To compound the problem, most public defenders offices have not…
Read MoreHow a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in Riverside County
How a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in Riverside County It’s something you read in the paper all the time- “Traffic Fatality in Riverside, Driver Arrested Under Suspicion of Driving Under the Influence”. Since the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in…
Read MoreCan I apply for Exclusion from the Megan’s Law Internet Website?
Can I apply for Exclusion from the Megan’s Law Internet Website? In a previous blog, we introduced you to the various ways in which a registered sex offender can be eligible for exclusion from the Megan’s Law internet website. This included offenders who suffered a misdemeanor conviction for a violation of Penal Code Section 647.6, a felony conviction for a violation of Penal Code Section 243.3(a), or offenses where the…
Read MoreCleaning your Record
Cleaning your Record As with any profession, people who are dedicated and working in the business will have a specialized knowledge that is crucial for a successful outcome. Especially having to deal with the legal system, you should always contact an experienced Orange County criminal defense attorney. When you have been convicted of a crime, whether you have chosen to plead guilty or “no contest”, or have been found guilty…
Read MoreLifetime Sex Offender Registration Under California Penal Code 290 Can Have Devastating Impacts
Lifetime Sex Offender Registration Under California Penal Code 290 Can Have Devastating Impacts California Penal Code 290, also known as the “sex offender registration act”, requires those convicted of certain sex offenses to register as a sex offender with the law enforcement agency in the jurisdiction that they live for the rest of their lives. Very serious crimes like rape and child molestation require registration as do less serious crimes…
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