How Long Do You Have to Wait Before Going to Court After You Are Arrested?

How Long Do You Have to Wait Before Going to Court After You Are Arrested? Did you recently receive a traffic ticket? Have you been accused of a crime? You may be wondering what will happen now. Depending on the offense, it could take a few weeks, several months, or even years to resolve your case. You May Not Need to Go to Court to Resolve an Infraction An infraction…

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Animal Hoarding Crimes and Penalties (California Penal Code Section 597-599)

Animal Hoarding Crimes and Penalties (California Penal Code Section 597-599) According to California Penal Code Section 597t hoarding animals is a violation of California’s animal cruelty laws. This is a serious crime in California, a state that has adopted some of the most severe punishments for convicted animal abusers. The Hoarding of Animals Research Consortium (HARC) defines animal hoarding as: Accumulating a large number of animals to the point that…

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What is Double Jeopardy and How Does it Apply in A Criminal Case?

What is Double Jeopardy and How Does it Apply in A Criminal Case? Double jeopardy is the constitutional defense stating that a defendant in a criminal proceeding may not be prosecuted twice for the same crime by the same legal jurisdiction. This is a right guaranteed to all citizens under the Fifth Amendment of the U.S. Constitution and the California Constitution. Essentially, this means that once you are found not…

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How Failing to Appear in Court Could Cost You

How Failing to Appear in Court Could Cost You If you have been issued a court order of any kind, it is always vital that you comply with its terms. Failing to appear in court on your required court date is not going to make your charges go away. It will only make matters worse. If you received a traffic citation, you will have been required to sign the citation…

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Thinking About Lying in Court? Think Again (U.S.S.G. 3C1.1)

Thinking About Lying in Court? Think Again (U.S.S.G. 3C1.1) We all know that lying is bad and lies can come back to haunt you. But lying in court can have serious, immediate legal consequences. The Ninth District U.S. Court of Appeals recently gave us a glimpse into what can happen if you lie to the court. United States of America v. Terazze A. Taylor (D.C. No. 2:12-cr-00195-JLR-4) Terazze Taylor was…

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Wallin & Klarich Announces Attorney Matthew B. Wallin Becomes Partner

Wallin & Klarich Announces Attorney Matthew B. Wallin Becomes Partner Wallin & Klarich announced today skilled criminal defense attorney Matthew B. Wallin has become a partner in the law firm. Attorney Wallin will join an esteemed group of experienced lawyers who serve as partners at Wallin & Klarich, including Paul J. Wallin, Stephen D. Klarich and David R. Cohn. “We are very excited that Matthew Wallin will become a partner…

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What Happens if You Violate an Own Recognizance Release Agreement? (Penal Code Section 1318)

What Happens if You Violate an Own Recognizance Release Agreement? (Penal Code Section 1318) If you are accused of a crime, bail can be set to guarantee your appearance in court. Depending on the offense charged, the facts of the case and your personal history, the judge is permitted to release you on your “own recognizance” (O/R) – meaning you do not have to put up any bail money nor…

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Why California HIV Disclosure Laws are a Threat to Public Safety (California Health and Safety Code Section 120291)

Why California HIV Disclosure Laws are a Threat to Public Safety (California Health and Safety Code Section 120291) It is difficult to live with HIV and the negative stigma that comes with it. Telling someone you are HIV positive is not easy. However, you could be facing criminal charges if you fail to inform a partner that you are HIV positive due to harsh California HIV disclosure laws. If you…

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Trust Act Prohibits Police Holds on Illegal Immigrants – Assembly Bill 4

Trust Act Prohibits Police Holds on Illegal Immigrants - Assembly Bill 4 After signing a bill allowing undocumented immigrants to apply for special driver’s licenses, California Governor Jerry Brown subsequently signed a multi-bill package on Oct. 5 providing further immigration reform. Assembly Bill 4, also known as the Trust Act, is the most notable and important component from that legislative package. The Trust Act prohibits local law enforcement officials in…

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What Happens When A Police Officer Destroys Evidence (Penal Code 135)

What Happens When A Police Officer Destroys Evidence (Penal Code 135) If you are charged with a crime and the police or the prosecution act in bad faith and destroy evidence prior to your trial, with the help of a California criminal defense attorney, your criminal case can possibly be dismissed. In a recent California Court of Appeals case, Victor Sivilla was charged with transporting heroin and cocaine hidden in…

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