People v. Suazo | Second-Degree Murder: Implied Malice in Drunk Driving
People v. Suazo: Implied Malice in Drunk Driving Drinking and driving is a serious crime that carries hefty penalties in California. In California, penalties for driving under the influence are complex and take into account a variety of factors including: prior convictions, circumstances surrounding the incident, and the speed limit. The penalties can range from community service, fines, license suspension, and in some cases, jail time. However, in DUI incidents…
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People v. Peterson | What Does The Prosecutor Have To Prove To Convict You Of Stalking In California
People v. Peterson | What Does The Prosecutor Have to Prove to Convict You of Stalking? Stalking is a serious criminal offense. It involves persistent and unwanted attention, harassment, or communication directed towards an individual without their consent. In California, stalking is considered a criminal offense and is punishable by law. California has specific laws in place to protect individuals from being stalked. The state’s Penal Code defines stalking as…
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What Does A Prosecutor Have To Prove In A PC 459 Burglary Case?
What Does A Prosecutor Have To Prove In A Burglary Case? Burglary is the act of unlawfully entering a building with the intention of committing a crime. In accordance with California Penal Code Section 459, burglary charges can be filed even without theft being involved. Burglary occurs when an individual enters a building, home, structure, room, container, or vehicle with the intent to commit larceny or any felony offense. You…
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What Is A “Heat Of Passion” Defense?
“Heat Of Passion” Defense The heat of passion defense is one of the defenses available to those accused of committing a crime in California. It's based on the principle that a person who acts in the heat of passion, without sufficient time for their passion to cool, and with an honest and reasonable belief that their actions were necessary for self-defense or defense of another, should not be held liable…
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What Crimes Can A Governor Pardon In California?
What Crimes Can A Governor Pardon? The governor of California has the power to pardon individuals convicted of crimes, but it's important to understand what type of crimes they're able to pardon. It varies by state, and this article will provide an overview of the kinds of offenses that can be pardoned in California. In general, the governor of California has the power to reduce sentences, commute death penalties to…
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Should You Take A Plea Bargain In California?
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 help of a qualified defense attorney. A plea bargain is an agreement between the defendant…
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Top 5 Things NOT To Do If You Have A Warrant For Your Arrest
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. If you have a warrant for your arrest, the most important thing to do is…
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New Federal Law That Would Increase The Penalty for Carjacking is Politically Motivated Says Wallin and Klarich Senior Partner Paul Wallin
A Republican-Sponsored Bill Would Block Early Prison Release for Federal Carjacking Offenders Carjacking is a serious crime that has caused growing concern among many communities in the United States. In recent years, carjacking cases have become increasingly common, making it a critical issue for legislators to address. To this end, US Senator Tom Cotton of Arkansas recently proposed legislation that would block federal prison inmates convicted of carjacking from being…
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How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate
How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate Penal Code Section 1473.7 permits a defendant to vacate their plea in two ways: 1) Legal invalidity with actual or potential Immigration Consequences; or 2) Newly discovered evidence of actual innocence. The Court in Espinoza reviews the first one and provided the following guideline below to determine the reasonable probability of prejudicial error:…
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Can I Obtain A New Trial if the Judge Gave Wrong Jury Instructions?
The California Court of Appeal determined whether a defendant is allowed the right to a new trial when the defendant demonstrates it was possible that the jury had convicted him based on improper jury instructions. People v. Maldonado In People v Maldonado, police recovered the body of a victim who suffered fatal stab wounds. Police had reason to believe Reynaldo Maldonado had information about this incident but were not able to…
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