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Legal Rights Archives - Page 7 of 9 - Wallin & Klarich

Our Recent Legal Rights Posts

Should You Take A Plea Bargain In California?

September 29, 2023

Paul Wallin
court options following motion to vacate judgement
Should You Take A Plea Bargain? If you are facing criminal charges in California, it is important to understand your options. One of the possibilities available to defendants is a plea bargain. Taking a plea bargain can be complex and have serious consequences, so it's important to weigh all of your options carefully with the […]

Top 5 Things NOT To Do If You Have A Warrant For Your Arrest 

September 22, 2023
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Paul Wallin
Criminal Act of Having Sex With a Minor
Top 5 Things NOT To Do If You Have A Warrant For Your Arrest  Each year, there are hundreds of thousands of warrants issued for a variety of crimes. Many people do not know what to do when there is a warrant out for their arrest. Doing the wrong things can lead to harsher consequences. […]

California Must Pay Wrongly Convicted Persons Under PC Section 4900

May 17, 2023

Paul Wallin
PC Section 4990
California Must Pay Wrongly Convicted Persons Under PC Section 4900 Recently, two men who served 17 years in prison were released after they were found to be wrongly convicted of attempted murder. Under California law, the state is now required to pay them each about $900,000 for the time they spent behind bars. If you […]

Don't Let the Police or Prosecutors Violate Your Rights

October 19, 2022

Paul Wallin
Police or Prosecutors Violate Your Rights
Don't Let the Police or Prosecutors Violate Your Rights The Orange County District Attorney’s Office (OCDA) and the Orange County Sheriff’s Department (OCSD) were the subject of an extensive investigation by the United States Department of Justice. Last Thursday, the Department of Justice (DOJ) released a report on the findings of its investigation of a […]

Can I Legally Record a Police Officer?

July 11, 2022

Paul Wallin
Can I Legally Record a Police Officer?
Can I Legally Record a Police Officer? When Can I Record a Police Officer?  Due to concerns over police brutality and misconduct in recent years, many civilians have taken to recording interactions with law enforcement. Although recording an officer can be illegal under certain circumstances, this can be helpful information in any subsequent investigation into […]

COVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment

December 14, 2020
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Paul Wallin
COVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment The question before the court in Lacayo v. Superior Court was whether there were such “extraordinary circumstances” presented by the COVID-19 global pandemic to justify “good cause” for continuance of the defendant’s preliminary hearing beyond the 60-Day Rule. On February […]

Stopped by ICE: What are Your Legal Rights?

October 2, 2017

Paul Wallin
ICE officers conduct enforcement operation with detainees at transport vehicle during immigration raid
Stopped by ICE: What are Your Legal Rights? Today’s political climate has led to an increase in the amount of people who have been stopped by authorities questioning their immigration status. It has happened to green card holders, people visiting the country and even legal U.S. citizens. That is why it is important for you […]

Can School Officials Search a Student’s Cellphone without Consent?

May 26, 2017

Paul Wallin
Can School Officials Search a Student’s Cellphone
Can School Officials Search a Student’s Cellphone without Consent? California law requires that all parties consent to any recording of a conversation, and the state has some of the toughest anti-paparazzi laws in the country. In light of the lengths California’s lawmakers have gone to protect privacy, it is not surprising that a law prohibits […]

Do You Have Miranda Rights if You are Not Under Arrest?

October 14, 2015

Paul Wallin
Do You Have Miranda Rights if You are Not Under Arrest? “You have the right to remain silent.” We’ve all heard that phrase in movies and TV shows for years. This phrase is the beginning of your Miranda rights, which are legally supposed to be read to you when you are placed under arrest. Despite […]

The Definition of Detention and How It Affects Your Rights

September 2, 2015

Paul Wallin
The Definition of Detention and How It Affects Your Rights It is common knowledge that when you are arrested, the arresting officer is required to read you your Miranda rights. But sometimes, if and when you are actually placed under arrest can be unclear. The definition of when a detention or an arrest occurs has […]

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