Appeal Court Reverses Murder Conviction After Jury Confusion Over Self-Defense Instructions When a person is convicted at trial, the fight for justice does not necessarily end. California law allows individuals to challenge convictions through appeals and writs when legal errors may have affected the outcome of their case. A recent decision in People v. Brim […]
Court Rules Public Defenders May Decline Racial Justice Act Habeas Cases: What Accused Individuals Need to Know A recent published decision from the California Fourth District Court of Appeal has clarified an important—and often confusing—issue for accused individuals seeking postconviction relief under the California Racial Justice Act (RJA): county public defenders cannot be forced to […]
DUI Second-Degree Murder: Understanding California's Watson Murder Rule The recent conviction of a man for second-degree murder following a fatal DUI crash in Santa Ana serves as a reminder of how driving under the influence can transform into a murder charge under California law. This case exemplifies the serious consequences defendants face when they drive […]
Racially Charged Police Remarks Can Open the Door to a New Hearing—and Possibly a Reversed Conviction When police officers allow racial bias to influence their decisions, the consequences can extend far beyond an unlawful stop or an improper search. Under California’s Racial Justice Act (RJA), racially charged remarks—whether spoken during a traffic stop or written […]
If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed If you've been convicted of a crime in California, you might think your legal battle is over. But what if the judge and prosecutor were communicating about your case […]
The Court Cannot Take Legal Custody Away From Father Of Child Even If He Is In Prison If He Has Created A Proper Care Plan For His Children California law is clear: a parent’s incarceration alone does not justify removing their child from their custody if that parent has taken responsible steps to ensure the […]
When the Prosecutor Screws Up You Need to Hire an Experienced Criminal Defense Lawyer to Help You Get Your Loved One Out of Prison Imagine spending more than four decades behind bars for a crime you did not commit, only to discover that key evidence in your case had been hidden from the defense. That’s […]
Your Right to Legal Counsel: Protections for Defendants Seeking to Withdraw Pleas Due to Immigration Consequences When facing criminal charges, one of the most fundamental rights protected by the Constitution is the right to legal counsel. This right becomes even more critical when defendants later discover that their guilty pleas carry severe immigration consequences they […]
Court Upholds Controversial Jailhouse Sting Operation: What Police Can (and Cannot) Do Before Questioning You When you are accused of a crime, law enforcement will often use every tactic available to get you to talk — even before your first formal interrogation. A recent California Court of Appeals case, People v. Michael Leslie Goehner, highlights […]
Appeals Court Allows Man to Withdraw Guilty Plea After Lawyer Failed to Explain Immigration Consequences At Wallin & Klarich, we know how devastating it can be when a guilty plea leads to unexpected immigration consequences. Recently, a man won his appeal after the court found that his original attorney failed to properly advise him about […]
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