BIG Break For Those Facing Serious Jail Time In California
BIG Break For Those Facing Serious Jail Time In California
Governor of California signs new law allowing judges to dramatically lower potential sentences for those facing serious crimes A new law signed into law by Governor Newsom (Senate Bill 81) mandates judges to dismiss certain sentence enhancements if the court finds that it is in the interest of justice to do so. District Attorneys regularly file “enhancements which are capable of adding in some cases decades of additional mandatory punishment…
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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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Can You Legally Grow Cannabis At Home?
Can You Legally Grow Cannabis At Home? Regulations on cannabis use have been a hot topic of discussion in California for over a century. Cannabis grown for recreational use in California began in the early 1850’s during the Gold Rush. The first law put into place that prohibited Cannabis use in California was a 1913 amendment to the Poison Act of 1907. The first attempt to legalize cannabis use in…
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I am charged with a felony. Can Wallin & Klarich help me get mental health diversion?
I am charged with a felony. Can Wallin & Klarich help me get mental health diversion? Some people will be surprised to find out that most felony and misdemeanor charges are eligible for mental health diversion. Yes, this even includes crimes involving so-called strike enhancements! As of June 27, 2018, criminal defendants suffering from recognized mental conditions (i.e. depression, PTSD, anxiety, etc.) could have their criminal charges dismissed upon successful…
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Could Be Convicted Of A Serious Felony In Some Cases Even If The Witness Who Identified You Doesn’t Testify At Trial
You might be wondering “how is it possible that you or a loved one could be convicted of a crime such as a robbery, even when the witness who said you confessed to the crime doesn’t testify at your trial?” When you go to law school one of the first things you learn is that a person accused of a crime has the constitutional right to confront his/her accuser. However,…
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People vs. Nieves: Death Penalty Sentence Overturned
In an opinion issued May 3rd, 2021 the California Supreme Court overturned the death sentence of a mother who was convicted of killing her 4 children due to misconduct by the court during the penalty phase of the case. The Guilt Phase and The Penalty Phase The United States Supreme Court has set a two-step procedure for death penalty cases where the jury must first determine whether a defendant is…
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Trevor Bauer: The Vague Line Between ‘Rough’ Sex & Sexual Assault
Trevor Bauer: The Vague Line Between ‘Rough’ Sex & Sexual Assault In recent news, Trevor Bauer has been accused of sexually assaulting a woman, with whom he was romantically involved. During a recent court hearing on July 23rd, a judge granted a temporary restraining order against Mr. Bauer. However, this is just the beginning of what is likely to be a very complicated legal matter to resolve. This article…
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District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of Mind
District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of Mind Upon being charged with a crime, it is a common tactic for the District Attorney (DA) to request that the bail be set at maximum or raised, which often requires you to stay in jail for a prolonged period of time. Luckily, hiring an experienced defense attorney can greatly…
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New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused
New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused For years, persons facing a strike crime in California as an adult could be facing 25 years to life if the prosecutor could prove that the person had 2 prior strikes. Until now, one or both of the prior strikes could have been convictions that the person pleads…
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Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case
Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case Negotiating favorable plea deals is an artform. The defense attorney must balance the interests and desires of their client while navigating the realities of the facts of the case and the evidence at hand. Each type of criminal offense has a specific strategy a defense attorney must utilize to obtain the best possible plea deal. For example, we…
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