Archive for February, 2010

Should I Hire an Attorney or Represent Myself?

Saturday, February 27th, 2010

We have many choices in life but when it comes to criminal defense, divorce, family law, custody of the children, and child support, the choice you make about representation can be the difference in winning and losing your case. Hiring an experienced attorney can provide you the valuable advice needed from a professional that can make all the difference in the world.

One way to find out if an office can help you is to obtain a consultation to know what your rights are, what your options may be, and an approach and strategy to your particular case at hand. Of course, the shortcut to legal proceedings would be to hire a paralegal service to do your paperwork and then you can represent yourself in court at your own risk. All too often, we see people who represent themselves in court and then come to our law firm to fix or correct a mistake that could hurt their case. A paralegal service knows how to fill out forms; however, they do not know the law, they are not attorneys, and cannot give you legal advice.

Going into court can be very stressful, particularly since most people do not spend a lot of time in court unless by profession. When facing a legal battle or issue, do it right the first time and have an experienced and aggressive attorney representing you and your interests. At Wallin & Klarich, we have over 30 years of experience and will defend your rights. Prevent unnecessary stress, anxiety, and apprehension and call us at 1-888-749-0034 for an appointment or visit our website at www.wklaw.com. We will be there when you call.

How an Experienced Southern California Criminal Defense Attorney Can Help You Receive a Full Hearing at Your Trial if You Are Accused of a Crime

Friday, February 26th, 2010

A recent United States Supreme Court decision (Eric Presley v. Georgia) affirmed the right of the defendant to have a public jury selection process and jury trial. After a jury trial in a Georgia Superior Court, Eric Presley was convicted of cocaine trafficking. The decision was affirmed by the Georgia Supreme Court. Presley sought a [...]

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Don’t Let a Criminal Conviction Ruin Your Child’s Future – Welfare and Institutions Code 654

Thursday, February 25th, 2010

Nothing obstructs the future of a young child more than a criminal record. When a child makes a mistake and incurs allegations of assault, weapons possession, drug use, sexual misconduct, or vandalism, a conviction can prove to be a lingering hindrance that may significantly deprive the child in later life of certain opportunities and privileges. [...]

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Sports Betting Law in California – March Madness Brackets and Super Bowl Pools Are Now Infractions in California – California Penal Code Section 336.9

Wednesday, February 24th, 2010

In 2010, the California legislature eliminated felony and misdemeanor penalties that previously existed for friendly sports betting pools, such as March Madness brackets and Super Bowl pools. Now, California Penal Code Section 336.9 considers these infractions subject to a fine not exceeding $250. However, the change in the law does not extend to online betting, [...]

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Violation of Sex Offender Registration Overturned After Prosecution Could Not Prove that the Defendant Remained in California – California Penal Code Section 290

Tuesday, February 23rd, 2010

A recent California Appeals Court decision, People v. Wallace, held that the prosecution must prove that the defendant remained in California after failing to register a new address. The Defendant (Wallace) was a convicted sex offender and was required to register as a sex offender as long as he remained in California. California Penal Code [...]

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How an Experienced Southern California Criminal Defense Attorney Can Help You if You Suspect Possible Misconduct in Your Case On the Part of the Court

Monday, February 22nd, 2010

A recent United States Supreme Court decision on the case of Marcus A. Wellons v. Hilton Hall, Warden determined that a defendant is entitled to a full hearing when there is possible misconduct on the part of the court. Petitioner Marcus Wellons was convicted in Georgia state court of rape and murder and sentenced to [...]

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Defendant’s Conviction is Reversed when Appeals Court Rules Prosecutorial Misconduct Where Prosecution Attempted to Define “Beyond a Reasonable Doubt” by Using a Jigsaw Puzzle

Saturday, February 20th, 2010

A recent California Court of Appeal decision, People v. Katzenberger, held that there was prosecutorial misconduct when the prosecutor used an incomplete jigsaw puzzle to show how ‘beyond a reasonable doubt’ works. The prosecution’s Power Point presentation consisted of eight puzzle pieces forming a picture of the Statue of Liberty. The first six pieces came [...]

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What is a “Strike” and How Does it Affect Sentencing? California Penal Code Section 667

Friday, February 19th, 2010

California is notorious for its three strikes law. The law has been on the books for some time, but there has been no real proof of its effectiveness in deterring crime. The three strikes provision provides that a defendant who commits any felony with two or more “strike” priors must be sentenced to at least [...]

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California Supreme Court Holds that Murder Accomplice is Not Liable For First Degree Murder When the Victim Killed a Coconspirator – Penal Code Section 664(a)

Thursday, February 18th, 2010

Why Having an Experienced Appellate Attorney Can Be the Difference between Jail and Freedom A recent California Supreme Court decision, People v. Concha, held that the jury must be instructed about the provocative murder doctrine when deciding whether or not to convict the defendant of first degree murder. The provocative murder doctrine states that an [...]

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Jury Instruction was Correct in Child Molestation Case

Wednesday, February 17th, 2010

A recent California Court of Appeals case, People v. Shaw, held that a jury instruction that instructed the jury to convict if the defendant had tendencies towards children as a class was correct, despite the defendant’s contentions otherwise. Shaw was convicted of multiple counts of child molestation based on the CALCRIM jury instruction number 1122. [...]

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