New Notice Requirements if You Wish to Terminate Probation Early
Criminal Appeals in Irvine, CA: When and How to Challenge Convictions
Criminal Appeals in Irvine, CA: When and How to Challenge Convictions Have you ever been convicted of a crime in California and wondered if there was any way to challenge or overturn your conviction? You may be surprised to learn that there is a process called criminal appeal specifically for this purpose. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best…
Read MoreThe Ins and Outs of Criminal Appeals: When and How to Challenge Convictions
The Ins and Outs of Criminal Appeals: When and How to Challenge Convictions Appealing a criminal conviction is a legal process in which a defendant who has been found guilty of a crime in a court of law asks a higher ("appellate") court to review specific aspects of their case. The purpose of an appeal is not to rehear or retry the case, but to evaluate whether legal errors occurred…
Read MoreUnderstanding the California Criminal Justice Process: From Arrest to Trial
Understanding the California Criminal Justice Process: From Arrest to Trial If you or someone you know is facing criminal charges in California, it's important to understand the criminal justice process from start to finish. The legal system can be complex and overwhelming, but having a general understanding of how things work can help ease some of the stress and confusion. Having a skilled and experienced defense attorney on your side…
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Can You Appeal A Conviction Years Later?
How Long Do You Have to Appeal a Conviction? If you or someone you know has been convicted of a crime in the state of California, you only have a limited amount of time to file an appeal. In most cases, you have 60 days from your conviction to file an appeal. However, there are certain requirements that must be met and the appeals process can be complex. It is…
Read MorePeople v. Phillips (2022) | Beware: Your Prior Arrests May Come Back To Haunt You?
People v. Phillips (2022): Beware: Your Prior Arrests May Come Back To Haunt You? The California Court of Appeals reviewed the issue of whether evidence from a defendant’s prior involvement in a similar crime may be used to convict that same defendant for a different crime that has comparable facts. In 2017, a 75-year-old man named James Sheahan was found dead in his own apartment. Two apartment windows were open…
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How Newly Discovered Evidence Can Be Raised While Your Case Is On Appeal
How Newly Discovered Evidence Can Be Raised While Your Case Is On Appeal Let’s say you are a defendant in a criminal case. You believe the charges against you are wrong, the allegations are false, and you proceed to a jury trial to prove your innocence. You are hoping for the best, but prepared for the worst. Your attorney presents evidence and you might even choose to testify on your…
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People v. Brown (2021): Police Search of Pockets without Probable Cause Unconstitutional
People v. Brown (2021): Police Search of Pockets without Probable Cause Unconstitutional In the recent case of People v. Brown, the California Court of Appeals explored the issue of whether the well-established “stop and frisk” search upheld by the Supreme Court in Terry v. Ohio, 392 U.S. 1 (1968), for the purpose of officer safety could extend to searching a suspect’s pockets where no evidence of weapons or contraband was…
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San Diego Trial Court Imposes 5 Year Enhancement for Burglary [PC 1192.5]
San Diego Trial Court Imposes 5 Year Enhancement for Burglary [PC 1192.5] A San Diego criminal conviction was appealed, and the California Court of Appeal issued their holding on 10/28/2020. The appeals court held there was no abuse of discretion in the San Diego trial court’s decision not to strike the defendant’s five-year enhancement imposed under Penal Code Section 667(a)(1). In People v. Shaw, the defendant was storing automobiles on…
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New Law Helps Exonerated People Get Their Life Back
New Law Helps Exonerated People Get Their Life Back A recently enacted law is helping people who were convicted of crimes they did not commit find their way back to a normal life. Passed in late 2019, AB 701 provides people who were proven to have been innocent of the crime for which they were convicted up to $5,000 toward the cost of housing, as well as reimbursement towards housing…
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New Notice Requirements if You Wish to Terminate Probation Early
New Notice Requirements if You Wish to Terminate Probation Early Courts have the authority to terminate probation early. That is, if you were placed on probation for 36 months, you have the ability to ask the court to reduce that time period and the court, if it is convinced there is a good reason to do so, can do so. (See Pen. Code, § 1203.3.) What Does AB 433 Do?…
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