The Court of Appeal rejected Mr. Khodayari’s arguments that Mr. Mashburn’s representation had resulted in the violations. The Court of Appeal argued that a former criminal defendant who sues his attorney for legal malpractice, must show actual innocence of the underlying criminal charges and must obtain postconviction relief in the form of a final disposition of the underlying charges in the criminal case. Although this was a probation violation proceeding, the requirement of actual innocence still applied to Mr. Khodayari’s claims of malpractice. Therefore, Mr. Khodayari had to show actual innocence of his probation violations and postviolation exoneration.

This is important because most individuals who are charged with a crime are usually overwhelmed with choosing the right attorney. As you can see, it is very important to choose the best attorney to represent you and avoid any possible problems. Often times, bad attorneys can produce unwanted results and cause the client to suffer additional punishments and/or fines. As such, it is to your benefit to hire a firm with significant criminal defense experience.

If you are charged with a crime, it is imperative that you hire an experienced criminal defense law firm to represent you in court. For over 30 years, our attorneys have been helping clients in all sorts of criminal matters. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

From the date the record was filed, the appellant has a specified period of time within which to file an appellant’s opening brief, depending on the type of case. A “brief” is a written argument that a qualified criminal appellate attorney prepare. It details the issues raised by the appellant, including challenges to superior court rulings or findings, and refers to applicable statutes (laws) and previous case decisions to support their position. The respondent is then given an opportunity to file a brief in response and then the appellant may file a reply brief.

Once the briefs have been filed the case is randomly assigned to a panel of justices. An oral argument is scheduled and the justices review the briefs and a memorandum that have been prepared concerning the appeal. Oral argument gives the justices the opportunity to ask the attorney concerning the issues raised.

After the panel of justices has heard oral argument, a member of the panel prepares and files an opinion, which is a written statement of the court’s decision.

Decisions of the Courts of Appeal are subject to discretionary review by the California Supreme Court as well as to review in the United States Supreme Court for decisions based on the U.S. Constitution and federal Statutes.

When you are facing a criminal charge, it would be a very smart decision to contact a skilled California criminal appeals lawyer from Wallin and Klarich at 1-888-280-6839. We have been helping people for over thirty years when they are accused of a crime or find themselves convicted of a crime. We will be there when you call or you can visit us 24/7 at wklaw.com.

The lawyer for the medical marijuana businesses said that they will appeal and he “has no doubt” that other court of appeals will side with their position and the matter will have to be resolved by the California Supreme Court.

The question now is how quickly will other cities move to ban such medical establishments. If someone living in Riverside County needs marijuana due to a medical disability how far can they be expected to travel to find a place to legally purchase marijuana. This seems to be an ideological battle between those that do not believe in the validity of these medical establishments (and who likely do not support the right of those persons in need to smoke marijuana due to their medical condition) vs. those persons who have obtained legal licenses to consume marijuana upon the prescription of a licensed medical doctor.

What would happen if those suffering from cancer could not receive the drugs they needed because cities passed laws prohibiting the sale of the needed cancer medication?

What would happen if a city decided to close down all abortion clinics making it necessary for a woman seeking an abortion to have to travel hundreds of miles from her home in order to obtain a legal abortion.

It sure seems that the law passed by the voters a few years ago to legalize “medical marijuana” will be worthless if the persons who need the drug are unable to obtain it.

What do you think?

If you are facing criminal charges pertaining to any drug offense you can come to Wallin and Klarich for free legal advise. We have been helping people for over thirty years. Feel free to call us toll free at 877-466-5245 or go to wklaw.com for more information about how we might help you. We will be there when you call.

Davis’ case has received international attention, and his supporters include Amnesty International and former Untied States President Jimmy Carter. Davis’ supporters and attorneys argued that there existed an enormous cloud of doubt as to whether Davis was guilty. Davis was largely convicted for the crime based on eye witness accounts. Today many of those witnesses have recanted their previous testimony.

In California, murder is codified under California Penal Code Section 187. The penal code defines murder as causing the death of another person, or fetus, with malice aforethought. The term “malice aforethought” refers to the murderer’s mental state or intent that must be formed before the act can constitute murder.

What are the punishments for murder in California?

A conviction of first-degree murder is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. A conviction for second degree murder is normally punishable by imprisonment in state prison for a term of 15 years to life. The circumstances surround the murder will determine whether it will be charged as a first-degree and second-degree murder

Under certain circumstances, the death penalty is a potential punishment for murder in California. The common special circumstance death penalty case in California occurs when a first responder is murdered, or if the murder was especially heinous or cruel.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense law firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

By using this case as an example, it remains important to note that there are limitations to the attorney-client privilege. In essence, attorneys should not allow their clients to bring up notes or documents to help them refresh their memory on the witness stand. To prepare for trial and have the help you need to prepare to testify, call the attorneys from Wallin & Klarich. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you prepare for your case. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

FELONY AND MISDEMEANOR PROCESS IN CA:

In California if one is charged with a misdemeanor, the District Attorney’s office is not required to have a hearing on the sufficiency of evidence to go to trial.  There is an arraignment, then pre-trials where attorneys negotiate, and if there is no resolution, then a trial.  The trial is where the case is either proven or not proven.

With felonies it is different.  If one is charged with a felony, the District Attorney must prove the sufficiency of evidence before there can be a trial.  This can be done one of two ways.  1) The court holds a preliminary hearing, which is like a mini-trial with no jury.  The Judge hears the evidence and decides if there is enough to support the charges being sought.  2) A grand jury indictment.  This is where the District Attorney presents the case to grand jury.  If they decide there’s enough evidence- the case can go to trial.

Once the sufficiency of the evidence is shown to support the charges, an Information is filed with all the charges proved at preliminary hearing or grand jury.

What happened in this case is that the District Attorney attempted to add a misdemeanor charge that was not proven at preliminary hearing to the Information.  The theory being that since misdemeanors do not need a preliminary hearing or grand jury- they can add whatever ones they want to charge to the Information.  NOT SO said the California Appellate Court.  If the District Attorney wants to join misdemeanors with felony charges- THEY MUST BE PROVEN AT GRAND JURY OR PRELIMINARY HEARING.

If you or a loved one have been charged with a felony or misdemeanor contact the experienced Southern California criminal defense attorneys at Wallin & Klarich.  We’ve have been helping criminal defendants for over 30 years.  Call us at (888) 280-6839 or visit us at www.wklaw.com.

In June 2007, defendant Kyle Vigil was the driver in two alleged gang shootings. The prosecution claimed Vigil knew that the shootings would occur before they happened, thereby making him criminally culpable. The jury agreed, sentencing him to 15 years to life for shooting into an occupied residence (PC 246) with a gang enhancement (PC 186.22(b)(1)).

After trial, Vigil’s defense attorney discussed the trial with the jurors and determined that, after a day of jury deliberation, Juror number 2 reenacted one of the shootings from the inside of his car using a broomstick instead of a rifle. This reenactment convinced Juror 2 that Vigil must have known the shooting would occur, and he told his fellow jurors about his reenactment and his conclusion.

Vigil’s attorney moved for a new trial, which the trial court denied. The court of appeal reversed the denial and ordered the trial court to grant a new trial.

The court of appeal set forth the basic analysis: the court must find admissible evidence to show that misconduct occurred, and the misconduct was prejudicial. The court of appeal found that Juror 2’s reenactment and subsequent disclosure of the reenactment and his conclusions to the jurors constituted misconduct. The court stated that Juror 2’s reenactment did not seem to account for the specific vehicle Vigil drove, his height and weight, whether he was right- or left-handed, the lighting conditions, or other relevant facts that a defense attorney would have questioned.

The court of appeal found the misconduct prejudicial because, up to the point when Juror 2 told the other jurors of his reenactment, the jury had been struggling with determining Vigil’s knowledge prior to the crime. Plus, Juror 2 was a college professor, so the other jurors were likely to hold his opinion in high regard. Based on these facts, the court of appeal held that defendant must be given a new trial.

If someone you know has been convicted but wishes to explore an appeal, contact a Southern California criminal appeal lawyer. A criminal appeal attorney can review the facts and determine whether any mistakes occurred that prejudiced your rights. To win on appeal, you need an attorney who will review the trial transcripts and investigate other potential bases for appeal, such as the government withholding evidence or juror misconduct. An appeal may result in a reversal of your conviction, a new trial, or a sentence reduction, so consult with an attorney to determine any grounds for appeal.

If someone you know wishes to explore a criminal an appeal, you will need an experienced Southern California appellate lawyer to closely examine the transcripts for any errors that may have affected the case. At Wallin & Klarich, we have helped people with criminal appeals for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

At trial, the prosecution claimed defendant Eddie Bryant demanded that a female victim give him her cell phone, which she did. Bryant had a gun in his hand at the time, but he never pointed it at her. Bryant was convicted of second degree robbery (PC 211) with a firearm use enhancement (PC 12022.53(a)(1)) found true.

During deliberations, the jury asked the court multiple times what “reasonable doubt” meant. The court directed the jury to the appropriate jury instruction and declined to explain further.

The defense attorney moved for a new trial because one juror, M.W., alleged in a written document that one of the other jurors used his or her iPhone to search for the definition of “reasonable doubt” online. Also, M.W. described feeling pressured to vote guilty because of the contentious deliberations and one juror’s assertion that if they did not reach a verdict soon, the court would force them to deliberate for another two weeks. The document was signed by M.W. and witnessed, but the statement did not declare the facts to be true, state where the document was executed, or state that the statements were made under penalty of perjury.

The district attorney filed a written opposition to the motion. Attached to the motion were unsworn statements made by all 12 jurors in a D.A. investigator’s report, which was also unsworn. According to the unsworn report, the jurors disagreed whether they knew someone accessed the internet to find the definition and whether the definition was read to the other jurors, but all agreed that even if it was, it had no impact on the verdict.

The trial court noted the failure of both prosecution and defense to submit sworn witness statements, but asked them if they would “waive” this requirement for purposes of the motion for new trial hearing. Both counsel agreed. The court concluded by finding that evidence of juror misconduct existed, but the prosecution had rebutted the presumption of prejudice by showing that the misconduct did not affect the verdict.

The appellate court stated that the first requirement for a motion for new trial based on juror misconduct is that the defense must submit admissible evidence showing misconduct. The M.W’s statements were not sworn, and neither was the D.A. investigator’s report or the jurors’ statements contained therein. The court of appeal remanded the case back to the lower court so that the lower court could hold a hearing on jury misconduct and so both parties can submit admissible evidence.

If you or someone you know has been convicted of a crime and wishes to explore an appeal, contact a Southern California criminal appellate attorney. An appellate lawyer can review your previous attorney’s work and the trial transcripts to determine whether the record reflected some error that affected your rights. Your appellate lawyer can also investigate other grounds for appeal, such as juror or prosecutorial misconduct. A successful appeal may overturn your conviction, grant you a new trial, or reduce your sentence.

If someone you know wishes to explore a criminal an appeal, you will need an experienced Southern California appellate lawyer to closely examine the transcripts for any errors that may have affected the case. At Wallin & Klarich, we have helped people with criminal appeals for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

In California, those convicted of a criminal case always maintain the right to appeal conviction. An appeal is the process by which an individual, most often through their attorney, asks a higher court to review the decision of the lower court. Typically that lower court whose decision is being reviewed, is the trial court.

There are specific grounds from which an individual may seek to appeal a decision. In order for the appeal to be successful, the individual seeking the appeal must show that there was an error at the lower court proceedings.

An experienced, aggressive criminal defense lawyer, like the lawyers at Wallin & Klarich, can read and review the decisions made at the lower court, and determine under what grounds and arguments an appeal would be successful.

Hiring an experienced criminal defense law firm is the best way to ensure you have the best opportunity of prevailing on appeal. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

One question our clients routinely ask is whether they will be granted bail during the appellate process. Under California law, defendants convicted of a misdemeanor have an automatic right to bail pending an appeal of the conviction. It is not uncommon, however, for trial counsel and the court to overlook this legal fact. If you’ve been convicted of a misdemeanor and wish to appeal, make sure you hire an appellate attorney who will protect your rights and ensure that you receive bail pending appeal.

While there is an automatic right to bail pending an appeal of a misdemeanor conviction, the same is not true for all felony convictions. If you are convicted of a felony and only a fine has been imposed, then you do have an automatic right to bail pending appeal. However, where a defendant has been sentenced to a term of prison, bail will only be granted pending appeal when special circumstances exist. First, the defendant must demonstrate that he or she is not likely to flee, that he or she does not pose a danger to the safety of any person or to the community. Second, the defendant must show that the appeal is not for the purpose of delaying the execution of the sentence and raises a substantial legal question likely to result in reversal on appeal. Because obtaining bail pending appeal of a felony matter is a difficult task, hiring experienced trial and appellate attorneys is critical. Contact us today to discuss your appeal.

If you have questions about your case, or a case of a loved one, please do not hesitate to call us. Put our expertise to work on your behalf. Give yourself the best chance at winning. Give us a call at 888-749-7428. Visit us at www.wklaw.com