DUI Second-Degree Murder: Understanding California’s Watson Murder Rule
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 impaired after receiving a Watson admonishment during a prior DUI conviction. Our experienced criminal defense…
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Racially Charged Police Remarks Can Open the Door to a New Hearing—and Possibly a Reversed Conviction
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 into a police report—can form the basis for meaningful postconviction relief, including a new evidentiary…
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Arrested After an Online Sting? A California Court Just Reversed a Conviction Based on Mistake of Age
Arrested After an Online Sting? A California Court Just Reversed a Conviction Based on Mistake of Age Being accused of an online sex offense involving a minor can feel overwhelming and frightening—especially when law enforcement claims the case is “open and shut.” But a critical California appellate decision, People v. Ismaiel, proves that what you actually believed matters, even if prosecutors say your belief was “unreasonable.” This case is important…
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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 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 behind closed doors—without you or your attorney knowing? This type of ex parte communication is…
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When Your Lawyer Isn’t Ready
When Your Lawyer Isn't Ready If you're facing criminal charges, you have a constitutional right that goes beyond simply having a lawyer in the courtroom. You have the right to effective representation—a lawyer who is actually prepared to defend you. When a trial court denies your attorney the time needed to prepare your defense, that decision can be so unfair that it constitutes an error, potentially giving you a do-over…
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Conviction Reversed In Rape Case Where Judge Refused To Give Battery Instruction To Jury
Conviction Reversed In Rape Case Where Judge Refused To Give Battery Instruction To Jury When your loved one is accused of a serious felony like rape, it may feel like the odds are stacked against them. But every accused individual has constitutional rights—and when judges or prosecutors fail to follow the law, it can result in a reversal of the conviction and a brand-new trial. A recent California Court of…
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A 20-Year Sentencing Error Gets Exposed: How People v. Cervantes Opens the Door to New Resentencing Relief
A 20-Year Sentencing Error Gets Exposed: How People v. Cervantes Opens the Door to New Resentencing Relief When it comes to criminal sentencing in California, the law is clear: if a court imposes a term that the law does not permit, that sentence is considered unauthorized. And when a sentence is unauthorized, courts have the inherent authority—and duty—to correct it at any time, even decades after the original judgment. The…
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Owing Victim Restitution? You Can Still Clear Your Record: What People v. Murphy Means for You
Owing Victim Restitution? You Can Still Clear Your Record: What People v. Murphy Means for You When you’re trying to rebuild your life after a criminal conviction, few legal tools are more important than Penal Code § 17(b) (reducing a felony to a misdemeanor) and Penal Code § 1203.4 (expungement). But many people—and unfortunately, some courts—believe that you cannot get these forms of relief if you still owe victim restitution.…
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U.S. Driving Law Changes: What California Drivers Should Know
U.S. Driving Law Changes: What California Drivers Should Know While many traffic violations result in fines and points on your driving record, certain offenses can lead to jail time, thousands of dollars in fines, and a permanent criminal record. Understanding which driving-related crimes carry the most severe consequences is essential for every California driver. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process.…
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Can My Lawyer Get My Criminal Case Dismissed If The District Attorney Waits A Long Time To File Charges?
Can My Lawyer Get My Criminal Case Dismissed If The District Attorney Waits A Long Time To File Charges? When the District Attorney waits many years—or even decades—before filing criminal charges, accused individuals often wonder: Can my lawyer get the case thrown out because the District Attorney took too long? A recent California Court of Appeal decision, People v. McInnis, provides an important look at how courts decide whether an…
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