IF YOU PUNCH A COP YOU LIKELY WILL GO TO JAIL!!!
IF YOU PUNCH A COP YOU LIKELY WILL GO TO JAIL!!!
IF YOU PUNCH A COP YOU LIKELY WILL GO TO JAIL!!! Well, don’t because California Penal Code Section 243(b) makes punching a cop illegal. However, you can only be convicted of battery on a police officer if the following elements can be proven beyond a reasonable doubt: The officer was performing their duties as a peace officer. You willfully touched the police officer in a harmful or…
Read More
Embezzlement : Wallin & Klarich Client
Embezzlement : Wallin & Klarich Client Our Client was charged with felony embezzlement under Penal Code section 503 for allegedly stealing over $30,000 from her employer. This offense is a wobbler, meaning it can be charged as a misdemeanor or a felony. Misdemeanor Embezzlement When the value of the items stolen is less than $950.00, embezzlement is a misdemeanor. Misdemeanor embezzlement has a maximum of one year of unsupervised probation…
Read More
Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like?
Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like? Domestic violence restraining orders may be filed by married or registered domestic partners, spouses, significant others, former spouses and significant others, and cohabitants. Children who are 12 years of age or older can file a restraining order on their own. Domestic violence restraining orders may also be filed by someone else on…
Read More
What Is a Domestic Violence Restraining Order?
What Is a Domestic Violence Restraining Order? Under California law, a restraining order can be issued by a judge in order to prevent unlawful conduct under certain circumstances. A common court-issued restraining order is a domestic violence restraining order. This type of restraining order is usually issued against family members and other members of the household; however, it can be issued against anyone who is threatening violence or the…
Read More
HOW WE CAN HELP YOU IF YOU ARE ACCUSED OF FELONY HIT AND RUN (20001 CVC)
HOW WE CAN HELP YOU IF YOU ARE ACCUSED OF FELONY HIT AND RUN (20001 CVC) To be convicted of felony hit and run, the prosecution must establish the following elements: You were driving a vehicle; While you were driving the vehicle, it was involved in an accident; As a result of the accident, another person was physically injured or killed; You knew an accident had occurred; You knew or…
Read More
When the Victim Does Not Want to Prosecute
When the Victim Does Not Want to Prosecute We hear it all the time from domestic violence clients, “The case should be dismissed because my wife/girlfriend/husband/boyfriend will not testify against me!” Unfortunately, that is simply not how it works. If the “alleged victim” does not wish to testify, the prosecution will attempt to call the police officer to testify as to what he/she said to the police officer on…
Read More
Can You Be Punished Twice For the Same Crime?
Can You Be Punished Twice For the Same Crime? The California Penal Code provides that a person who is convicted of multiple crimes for engaging in the same criminal act shall be punished under the provision that provides the longest potential term of imprisonment. (Cal Penal Code §654.) In determining whether a defendant has been convicted of multiple crimes for the same act, the court ignores the intent or objectives…
Read More
How We Can Work To Get You a Great Outcome In Your Case Through “Charge Bargaining”
How We Can Work To Get You a Great Outcome In Your Case Through “Charge Bargaining" Many people who are accused of crimes are rightfully concerned about what their total sentence might be. How long will a person be sent to jail or placed on probation are serious concerns? Bargaining for a lower amount of time in custody or for probation instead of prison is sentence bargaining. A skilled…
Read More
What Evidence Does A Prosecutor Need To Charge You With Hit and Run? [20002 VC]
What Evidence Does A Prosecutor Need To Charge You With Hit and Run? [20002 VC] With so many cars on the freeways, streets, and roads every day, eventually there will be a moment where two or more vehicles try to occupy the same space at the same time. When these accidents happen, it is customary for both parties to stop, pull over and exchange insurance information. However, sometimes, one party…
Read More
Can a Criminally Accused Person Invoke Their 5th Amendment Privilege Against Self-Incrimination?
Can a Criminally Accused Person Invoke Their 5th Amendment Privilege Against Self-Incrimination? Civil restraining orders are often filed concurrently with criminal charges or a criminal investigation. To protect against criminal liability the criminally accused may invoke their 5th amendment privilege against self-incrimination. It is well settled that the privilege against self-incrimination may be invoked in criminal or civil proceedings, but there is a difference in how the privilege is interpreted…
Read More