CATEGORY: ‘Law & Information’

DNA Evidence Clears a Man Who Served 28 Years Due to Erroneous Rape and Murder Conviction

Thursday, December 24th, 2009

In the nation’s capital, a man was exonerated after spending the past 28 years in prison. The man, Donald Eugene Gates, was convicted of the 1981 rape and murder of a 21-year old Georgetown student and was sentenced to 20 years to life.

Mr. Gates was sentenced, in large part, because a hair at the crime scene allegedly was an identical match to his hair. FBI hair analyst, Michael P. Malone, testified that hairs taken from Gates and hairs found on the victim were “microscopically indistinguishable.” However, Malone’s work came under fire in 1997. During that time, the article reports, “…the FBI’s inspector general found that Malone gave false testimony in proceedings that led to the impeachment and ouster of U.S. District Judge Alcee Hastings in 1989.”

The recent DNA evidence has proven Mr. Gates to be completely innocent. He has now been released from a federal prison facility in Arizona and is on his way back to his home in Ohio. Mr. Gates told reporters that he prayed for his release and never doubted it would come. He further told reporters, “My faith in God is very strong.” The article states that Mr. Gates, who at one-time worked construction, has no immediate plans for the future. Gates told reporters, “It’s all coming at me so fast,” he said. “I gotta think on it.”

Too often, due to unlawful or incomplete police work, innocent people are convicted of crimes they did not commit. It is vital that if you or a loved one is facing criminal charges that are inaccurate you immediately seek out the highest quality criminal defense representation.

If you or a loved one is facing or faces serious criminal charges, it is important that you contact an experienced criminal defense attorney as soon as possible. The attorneys at Wallin & Klarich have over 30 years of experience in representing the innocent and know how to fight for your freedom. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com.

Law Enforcement is Prohibited from Searching Without a Warrant When Defendant is Confined in a Police Car

Monday, December 14th, 2009

On August 1, 2005, police officers arrested Raul Leal at his home. The police handcuffed Mr. Leal, led him away from his home and confined him to a police car which was over 30 feet from his home. Without a search warrant, the police searched Mr. Leal’s residence and determined there was no one else [...]

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Governor Schwarzenegger Signs New Legislation Enhancing California’s Efforts to Collect Restitution from Convicted Criminals

Friday, December 4th, 2009

California has always been tough on collecting restitution from convicted criminals, but now it has stepped up its efforts even more. The newly signed law allows the state controller to deduct unpaid restitution fines for crime victims from the income tax refund of a person who owes restitution. The bill also allows the Victim’s Compensation [...]

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Save Your Drivers License

Wednesday, November 11th, 2009

If you are facing the loss of your drivers license, you need an aggressive attorney at Wallin & Klarich. There are many reasons the California DMV can take your privilege to drive away. It could be for a DUI, or perhaps for being a negligent operator (too many points) or even for a medical reason. [...]

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Legal Matters Surrounding Possession of a Firearm Charges

Monday, November 9th, 2009

If a Jury Finds that the Criminal Defendant did Not Commit Murder and Robbery by Use of a Firearm, then the Criminal Defendant Can Not be Later Found Guilty of Possession of a Firearm Recently, the California Court of Appeal held that a defendant who was found not guilty of murder, attempted robbery, kidnapping by [...]

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Polanski To Be Extradited

Friday, November 6th, 2009

Back in 1977, Polanski was accused of giving a 13-year-old girl champagne and Quaaludes during a modeling shoot in order for him to drug and subsequently rape her. Polanski was facing life in prison so he took a plea to a lesser offense. Polanski plead to unlawful sexual intercourse and the judge dropped the remaining [...]

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Sealing of Juvenile Records: Welfare and Institutions Code, Sections 389 and 781

Wednesday, November 4th, 2009

If your child has been adjudicated a ward of the court and is on probation, or has been ordered to court on a criminal case, it is important to keep your child’s record as clean as possible. Many opportunities can be lost if you do not take affirmative steps in clearing the record. Your child [...]

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