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Criminal Process Archives - Wallin & Klarich

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motion to dismiss

November 23, 2022

Paul Wallin

In a NJ Municipal Court, I asserted myself as a pro se litigant, when I was informed that because I refused to take a plea deal, I would be going to trial in only a week. I read about my rights as a pro se litigant, emailed the prosecutor requesting discovery, and the municipal court […]

Can a Serna motion be filed after........

November 1, 2017

Paul Wallin

Hello and thank you for taking the question. Can a Serna motion be filed after my ineffective council failed to notice my case was disposed and vacated for speedy trial violations I am guessing, or failure to prosecute? This lawyer filed no motions, and even with false charges from a jealous ex of mine, he […]

I was arrested for carrying a concealed firearm in California. What are my potential defenses?

September 25, 2012

Paul Wallin

Prosecution for carrying a concealed firearm in California is serious and can result in misdemeanor or felony charges depending on the situation. Common defenses include: the fact that you had a valid concealed weapons permit(CCW); that the firearm was in open view in compliance with California’s “open carry” laws; that the firearm in your vehicle […]

What are the different types of Elder Abuse in California?

September 21, 2012

Paul Wallin

Elder Abuse in California can be any of the following circumstances: 1. Physical Abuse-Causing pain or injury on a senior victim-usually 65 years and older; 2. Emotional abuse-typically mental suffering by being neglected, left alone or being left isolated and ridiculed verbally/emotionally; 3. Neglect and endangerment-willfully placing the senior victim at risk of his health […]

Can I be charged again after the district attorney rejects the case?

September 14, 2012

Paul Wallin

Can I be charged again after the DA rejected the case the case then was disposed by the judge in court. My paper work does not say with or with out prejudice. Before charges are formally filed against a suspect, the district attorney’s office will review the facts and evidence contained in the police report […]

My husband has a public defender and is facing serious criminal charges. The public defender is not doing anything for him and has not even gone to the jail to visit him in over two months. How can I hire a lawyer to help him?

July 27, 2012

Paul Wallin

Do not hire a public defender We hear these stories almost every day. The public defenders try very hard but for many reasons most public defenders caseloads are overwhelming. They often do not have the time to devote to a serious criminal case. Everyone accused of a crime should have a lawyer who has the […]

I was put on probation for 3 years for a petty theft. It has now been 18 months and I need to be off probation so I can go into the navy? Is that possible? (Penal Code Section 1203.03)

June 20, 2012

Paul Wallin

Yes, in some cases you can retain our law firm and we can prepare a motion for you pursuant to Penal Code Section 1203.03 This motion asks the judge to terminate your probation earlier than the date originally imposed. The motion has to include legal grounds in which to make it successful. One such possible […]

If I filed a false police report can I get arrested?

June 15, 2012

Paul Wallin

YES, it is a crime in California to knowingly file a false police report. You could be sentenced to jail and have to pay a fine. You could also be placed on probation. It is never a good decision to speak to the police and tell them you filed a false police report until you […]

I passed a lie detector (polygraph) test? Can the results be admitted at my criminal trial?

May 21, 2012

Paul Wallin

The answer is NO. Under California law the results of a polygraph test are not admissible unless both the prosecution and defense agree that the results are admissible. If you passed a lie detector test the odds are that the prosecutor will never agree to let the jurors hear about it. Learn more about California […]

If the police officer didn’t read me my Miranda rights can I get my criminal charges dismissed?

May 2, 2012

Paul Wallin

If the police officer didn’t read me my Miranda rights can I get my criminal charges dismissed? In most cases the answer is NO. The police do not have to read you Miranda rights unless you are in “custody”. This normally means you are handcuffed and in the police station or a police unit. However, […]

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irvine

18022 Cowan # 285, Irvine, CA 92614

(949) 776-3424
(888) 749-0034

San Bernardino

225 W Hospitality Ln Suite 319, San Bernardino, CA 92408

(909) 383-1867
(888) 749-0034

Riverside

7177 Brockton Avenue Suite 339 Riverside, CA 92506

(951) 684-3340
(888) 749-0034

Victorville

15437 Anacapa Rd Unit 12, Victorville, CA 92392

(760) 245-3045
(888) 749-0034

Torrance

21151 S Western Ave #233, Torrance, CA 90501

(310) 527-5500
(888) 749-0034

Anaheim

1161 Raymond Ave, Anaheim, CA 92801

(714) 710-7917
(888) 749-0034

tustin

17592 Irvine Blvd, Tustin, CA 92780

(714) 730-5300
(888) 749-0034

san diego

444 W C St, #410, San Diego, CA 92101

barstow

400 S. 2nd Ave, Suite 206, Barstow, CA 92311

west covina

1619 West Garvey Ave N, #107, West Covina, CA 91790

long beach

5199 Pacific Coast Highway # 604, Long Beach, CA 90804

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