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You Need An Experienced Criminal Defense Lawyer Fighting For You When The Prosecutor Refuses To Comply With Your Legal Right…

Understanding Court Criteria in Child Abuse Cases Involving Young Children: A Guide for Parents and Guardians Navigating the legal landscape…

Warning - Your Legal Obligation To Provide Restitution To The Victim In A Criminal Case May Persist Even After the…

The Jury and Not The Judge Will Decide What Your Sentence Will Be If You Are Convicted of Most Felonies…

The Effect of Active Probation on Petitions for Sealing Juvenile Records - Welfare and Institutions Code Section 786 Facing accusations…

You Could Have Your Conviction Reversed If Your Lawyer Did Not Represent You Adequately Facing a criminal conviction can be…

Non-Offending Parents Can Retain Custody Of Their Children In Child Abuse Cases When the unthinkable happens—your child suffers harm at…

How We Try To Get Your Conviction Reversed If You Can Show A Key Witness Lied At Your Trial And…

When Should An Accused Individual Be Allowed To Withdraw Their Guilty Plea? Did You Make A Mistake In Pleading Guilty…

Wallin & Klarich Client Got Her Felony Theft Charge Dismissed Due To Successful Defense Argument Our client came to our…

How You Can Successfully Fight an Extortion Charge - Penal Code Sections 518, 520 Facing an extortion charge in California…

We Can Help You Get Your Restraining Order Dismissed Why is it Important to Defend Against a Restraining Order? An…

Street Racing Can End Up Putting You In Jail In California - Vehicle Code Section 23109 Street racing in California…

US Supreme Court Rules That California Can Prohibit Dangerous Persons From Owning A Gun - Penal Code Section 29800 We…

Court Holds That A Parent with A “Drug Problem” Can Retain Custody of Their Child If They Provide Adequate Care…

The Primary Defenses To A Robbery Charge - Penal Code Section 211 Facing robbery charges can be a daunting experience.…

The Primary Defenses To A Battery On A Police Officer Charge - Penal Code Sections 243(b), 243(c) Facing a charge…

How To Beat A Dissuading A Witness Charge - Penal Code Sections 136.1, 140 If you've found yourself accused of…

How Wallin & Klarich Can Successfully Fight A Hit-And-Run Charge For You - Vehicle Code Sections 20001, 20002 Facing a…

Wallin & Klarich Client Did Not Have To Post Bail And Was Released From Custody Due To Successful Defense Argument…

The Primary Defenses Against Drug Possession And Distribution Charges In California - Health And Safety Codes 11350, 11351, 11352, 11357,…

How To Successfully Fight A Prescription Fraud Charge - Penal Code Section 459, Penal Code Section 1192.7, Penal Code Section…

We Can Help You Get Your Serious Criminal Charges Dismissed Wallin & Klarich helps clients achieve dismissal of serious criminal…

The Primary Defenses To A Corporal Injury To A Spouse Charge - Penal Code Section 273.5 Finding yourself accused of…

How To Beat A Drive-By Shooting Charge - Penal Code Section 26100  Facing a drive-by shooting charge in California is…

How To Beat A Felony Reckless Driving Charge - Vehicle Code Section 23103 Getting charged with felony reckless driving in…

How To Beat An Attempted Murder Charge - Penal Code Sections 187, 664 Facing an attempted murder charge in California…

How to Successfully Beat An Identity Theft Charge - Penal Code Sections 530.5(a), 529 With the rise of digital transactions…

How to Successfully Fight Against A Perjury Charge - Penal Code Sections 118, 126, 127 Being accused of perjury in…

How You Can Successfully Fight A Forgery Charge - Penal Code Sections 470, 473, 475, 476 Facing forgery charges in…

How You Can Successfully Fight A Torture Charge - Penal Code Sections 206, 206.1, 12022.7 Facing a torture charge in…

How To Beat A Hate Crime Charge - Penal Code Sections 422.55, 422.6, 422.7, 422.75 Facing a hate crime charge…

How To Beat A Grand Theft With A Firearm Charge - Penal Code Sections 487, 12022.5 Facing a grand theft…

You Can Go To Prison If You Sell Marijuana To Minors - Health And Safety Code Section 11353 Facing an…

Why You Should Always Hire A Criminal Defense Lawyer Before Bailing Out If You Have Been Accused Of A Crime…

The Primary Defenses To A Weapon Crime Charge - Penal Code Section 12020 Weapon crimes in California can carry serious…

How To Beat A Burglary Charge - Penal Code Sections 459, 460 Facing a burglary charge in California can be…

How Wallin & Klarich Can Successfully Fight A Kidnapping Charge For You - Penal Code Sections 207, 208, 209 Facing…

Understanding Voluntary Manslaughter in California If you're facing a charge of voluntary manslaughter in California, you’re likely feeling overwhelmed and…

How Wallin and Klarich Can Help You Fight Arson Charges In California If you’re accused of arson in California, understanding…

How Do Criminal Domestic Violence Cases Affect Family Law Cases? Under California law, being convicted of a domestic violence crime…

Can a Defense Attorney Help Me If I Am Being Charged With A Felony? When you're facing serious felony charges…

Cleaning Up Your Criminal Record in Southern California: How to Obtain a Certificate of Rehabilitation In Southern California, countless individuals…

If You Are Accused Of An Assault Charge In California Can You Make A Winnable Self-Defense Argument? "What is "Justifiable…

Simple Assault vs. Aggravated Assault: Legal Distinctions and Consequences Assault is a serious crime that can result in severe penalties…

California Elder Abuse Laws | PC 368

February 6, 2024 | Paul Wallin

California Elder Abuse Laws | PC 368 In California, elder abuse is a serious offense and is primarily governed by…

Defending Against Rape Charges | PC 261

January 31, 2024 | Paul Wallin

Defending Against Rape Charges | PC 261  If you or someone you know is facing criminal charges in the state…

Criminal Appeals in Irvine, CA: When and How to Challenge Convictions  Have you ever been convicted of a crime in…

Drug Offenses in Riverside: Common Charges and Defenses Welcome to this overview of drug offenses in Riverside! In this section,…

Understanding the Role of Character Witnesses in California Criminal Defense Cases When it comes to criminal defense cases in California,…

Understanding the California Criminal Justice Process: From Arrest to Trial If you or someone you know is facing criminal charges…

Penalties For Violating A Restraining Order A restraining order is a legal document issued by the court to protect a…

Do I Need A Criminal Lawyer?

December 15, 2023 | Paul Wallin

Do I Need a Criminal Lawyer to Help Me? In the face of a criminal accusation, individuals find themselves thrust…

California’s Assault Weapon Ban

December 15, 2023 | Paul Wallin

California’s Assault Weapon Ban In late October, the U.S. Court of Appeals for the 9th Circuit ruled on California's "assault…

Parris v. Christopher: Defending Against Domestic Violence Restraining Order Cases A domestic violence restraining order (DVRO) is a type of…

People v. Suazo: Implied Malice in Drunk Driving Drinking and driving is a serious crime that carries hefty penalties in…

People v. Peterson | What Does The Prosecutor Have to Prove to Convict You of Stalking? Stalking is a serious…

What Does A Prosecutor Have To Prove In A Burglary Case? Burglary is the act of unlawfully entering a building…

Can You Appeal A Conviction Years Later?

November 16, 2023 | Paul Wallin

How Long Do You Have to Appeal a Conviction? If you or someone you know has been convicted of a…

What Is A “Heat Of Passion” Defense?

October 12, 2023 | Paul Wallin

“Heat Of Passion” Defense The heat of passion defense is one of the defenses available to those accused of committing…

Degrees Of Murder | What’s The Difference?

October 12, 2023 | Paul Wallin

Degrees Of Murder And The Differences In California, murder is defined as the killing of a human being with malice…

How Does Bail Work? Posting Bail In Irvine, CA 

September 22, 2023 | Paul Wallin

How Does Bail Work? Posting Bail In Irvine, CA  Posting bail is a critical part of the criminal justice process.…

Top 3 Things NOT to Do When You Are Pulled Over 

September 7, 2023 | Paul Wallin

Top 3 Things Not to Do When You Are Pulled Over  Each year millions of people are pulled over for…

All Barstow Traffic Tickets Must Now Appear in Needles or Victorville Traffic tickets can be a hassle. If you have…

Hiring a Lawyer When You Think You Are Under Investigation for a Crime Could Help You Avoid Arrest or Prosecution…

People v. Braden: Applying for Mental Health Diversion Mental health diversion is an alternative to criminal prosecution and incarceration, which…

Kelsey v. Garrett: You May Be Entitled to Relief for Ineffective Assistance of Counsel In the case of Kelsey v.…

People v. Govan: Judges Have Discretion Not to Impose Strike Punishment California’s One Strike Law imposes significantly harsher sentences for…

Waidla v. Davis: New Sentencing Hearing Due to Ineffective Assistance of Counsel In Waidla v. Davis, the defendant Tauno Waidla…

No Bail for Misdemeanors and Infractions in LA County Beginning on May 24, Los Angeles County will no longer require…

People v. Fox: Seeking Resentencing May Jeopardize Your Plea Bargain In a recent ruling, the First District Court of Appeal…

OC’s DNA Collection Program May Be Unconstitutional In a recent ruling, the 4th District Court of Appeal has held that…

California's Fresh Start Act Makes Expungement Easier Beginning on January 1, 2023, Senator Scott Wiener’s Senate Bill 1106 was signed…

In re Ferrell: Murder Conviction Reversed Due to Improper Jury Instruction In the case of In re Ferrell, the court…

Double Jeopardy in California, Explained

April 14, 2023 | Paul Wallin

Double Jeopardy in California, Explained Did you know that once you are found not guilty of a certain crime, you may…

How To Fight School Expulsion (Education Code 48432.5) If your child is transferred to another comprehensive school or continuation school,…

What Is the Knock and Announce Rule in California? If you or your loved one is the subject of a…

Your Rights Against Unreasonable Searches and Seizures in California Under the 4th Amendment of the U.S. Constitution, you have the…

Federal Judge Blocks California Law Restricting Handgun Sales Last Monday, a federal judge in Orange County blocked parts of a…

A Republican-Sponsored Bill Would Block Early Prison Release for Federal Carjacking Offenders Carjacking is a serious crime that has caused…

What Happens When Someone Presses Charges Against You? When someone presses charges against you, they are prosecuting a criminal case…

What Does a Public Defender Do?

February 27, 2023 | Bryan Powell

What Is a Public Defender?  In criminal prosecutions, all defendants have a right to an attorney under the Sixth Amendment…

How to Get Out of Statutory Rape Charges

February 24, 2023 | Bryan Powell

How to Get Out of Statutory Rape Charges What Is Statutory Rape?  In California, statutory rape is defined as unlawful…

How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate Penal Code Section…

The California Court of Appeal determined whether a defendant is allowed the right to a new trial when the defendant…

How Long Does It Take to Press Charges?

February 20, 2023 | Bryan Powell

How Long Does It Take to Press Charges? How Long Does It Take a Prosecutor to File Charges?  A criminal…

How to Win a Revocation Hearing

February 16, 2023 | Bryan Powell

What Is a Revocation Hearing?  When criminal offenders receive probation as a punishment, they must follow certain terms and conditions…

How Much Is a Reckless Driving Ticket?

February 13, 2023 | Bryan Powell

How Much Is a Reckless Driving Ticket? What Is Reckless Driving?  Under California Vehicle Code Section 23103, reckless driving is…

What Happens If Charges Are Dropped Before Trial?

February 7, 2023 | Bryan Powell

What Happens If Charges Are Dropped Before Trial? If you are charged with a crime in California, you will face…

How to Avoid Paying Restitution 

February 4, 2023 | Bryan Powell

What Is Restitution?  Avoid paying restitution As authorized under California Penal Code Section 1202.4, many criminal cases require a guilty…

How Long Can You Be Held Without Bail? 

February 1, 2023 | Bryan Powell

What Is Bail?  Bail After a defendant has been charged with a crime and taken into custody, the court will…

Voluntary vs. Involuntary Manslaughter: What’s the Difference?  Although manslaughter is a lesser offense than murder, it is still considered one…

What Happens in a Hung Jury? 

January 27, 2023 | Bryan Powell

What Is a Hung Jury?  In most jurisdictions, a unanimous jury decision is required for a verdict to be given,…

What Are Sex Offenders Prohibited from Doing? 

January 24, 2023 | Bryan Powell

What Are Sex Offenders Prohibited from Doing?  California enforces strict laws regarding sex crimes and imposes serious penalties for violators.…

Degrees of Murder: What’s the Difference? 

January 21, 2023 | Paul Wallin

Degrees of Murder: What’s the Difference? Murder is one of the most severe crimes in California, and the penalties for…

5 Things You Can’t Do If You Have a Warrant for Your Arrest  In southern California, an arrest warrant authorizes…

What is the Minimum Sentence for Child Molesters Under California Penal Code 647.6 PC If you have been accused or…

Is Spanking a Child Illegal in California?

January 11, 2023 | Bryan Powell

Is Spanking a Child Illegal in California? Under California law, spanking your child, or using some other reasonable form of…

How Long After Being Molested Can You Press Charges in California? A statute of limitations determines the timeline for criminal…

People v. Avalos: Conviction Reversed Due to Miranda Violation  By law, a police officer must read you your rights when…

People v. Ware: Specific Intent to Kill Required for Murder Conviction In the case of People v. Ware, the Supreme…

Even Lawyers Go to Prison for Stealing

December 19, 2022 | Paul Wallin

The Case of Michael J. Avenatti  Lawyer Michael J. Avenatti represents a case of serious attorney misconduct. Currently, the Santa…

In re G.Z.: Lack of Substantial Evidence Can Lead to Dismissal of Your Dependency Petition  In the case of G.Z.,…

The Cost of a Lawyer in California

October 28, 2022 | Paul Wallin

How much is a lawyer in Southern California?   The cost of a lawyer can vary greatly depending on the type…

District Attorney’s Dirty Trick Violates the Constitution, Says U.S. Department of Justice Recently, the Orange County District Attorney’s (DA) Office…

What Every Person Accused of a Felony Must Make Sure Their Lawyer Knows About a Preliminary Hearing in California When…

One Way to Prove You Didn’t Commit the Crime

October 21, 2022 | Paul Wallin

One Way to Prove You Didn't Commit the Crime If you stand accused of a crime, the judge must admit…

You Do Not Want to Be an Inmate in the LA County Jail According to an ACLU Lawsuit Poor Conditions…

When Cyberbullying Becomes a Crime in California

September 15, 2022 | Paul Wallin

When Cyberbullying Becomes a Crime in California With the prevalence of social media and texting, it’s no surprise that cyberbullying…

SB 300: Possible Changes to California’s Felony Murder Law California’s Felony Murder Law  The felony murder rule has been around…

What Is the Intoxication Defense?  In criminal law, intoxication is a defense that allows defendants to reduce their liability for…

Consequences of Bringing Weapons on California School Grounds In 2022 alone, there have already been 27 school shootings in the…

Can I Still Be Charged with Theft in California If I Return the Property? If someone steals an item but…

Unemployment Insurance Fraud Laws and Penalties in California With the rising unemployment rates due to the COVID-19 pandemic and recession,…

California Cracks Down on Fentanyl Investigations with Huge $20 Million Bust Authorities Seize 1 Million Pills Containing Fentanyl in Huge…

What Is the Entrapment Defense?

July 10, 2022 | Paul Wallin

What Is the Entrapment Defense? What Is Entrapment?  Police entrapment is a legal defense to criminal accusations based on specific…

California’s Good Samaritan Drug Overdose Law The leading cause of accidental death in California is drug overdose, the majority of…

Supreme Court Rules for Inmates Seeking Reduced Prison Sentences What Is the First Step Act?  In order to understand the…

Fireworks Laws to Know for Your July 4th Celebration  Types of Fireworks: Which Are Legal?   With the Fourth of July…

People v. Watts: Prosecution Consent Not Required for Diversion What Is Mental Health Diversion?  In criminal law, a diversion is…

What You Need to Know About California’s Knife Laws  Can I Carry a Knife in California?  The laws regarding possessing…

What Are Crimes Involving Moral Turpitude?

June 15, 2022 | Paul Wallin

What Are Crimes Involving Moral Turpitude?  Crimes involving moral turpitude (CIMTs) are a general category of crimes that involve dishonesty…

How Do Prosecutors Prove Hate Crimes?

June 13, 2022 | Paul Wallin

How Do Prosecutors Prove Hate Crimes? What Are Hate Crimes?   California Penal Code Section 422.55 defines a hate crime as…

Synthetic Cannabis Laws in California

June 13, 2022 | Paul Wallin

Synthetic Cannabis Laws in California What Is Synthetic Cannabis?   Synthetic cannabinoids, or synthetic cannabis, are man-made chemical alternatives to marijuana.…

Ghost Guns: California’s Legal Requirements for Self-Made Firearms  What Are Ghost Guns?   As a result of California’s restrictive gun laws,…

Penalties for Illegal Abortions in California  California’s Abortion Law  Abortion refers to the deliberate termination of a pregnancy, generally using…

How To Defeat Robbery Charges In Orange County Are you facing prison time for a robbery in Orange County? If…

If The Police Violated Your Legal Rights When Searching Your Person Or Your Car You Could Get The Charges Dropped…

Are Bar Fights Between Roommates Domestic Violence? It is Sunday, and for you, that means going to a bar to…

I Have To Register As A Sex Offender. What Is The Punishment If I Do Not Register? If you were…

4 Reasons You Should Not Accept a Plea Bargain at Your First Court Appearance At Wallin & Klarich, we have…

How to Cope With Assault With a Deadly Weapon Charges in California According to the Public Policy Institute of California,…

10 Ways You Can Violate a Domestic Violence Restraining Order People involved in domestic disputes often need court orders to…

People v. Phillips (2022): Beware: Your Prior Arrests May Come Back To Haunt You? The California Court of Appeals reviewed…

Mistake of Age Is Not a Valid Defense to Lewd Acts with a Minor Charges In some criminal cases, it…

Orange County DUI License Suspension at DMV Hearing Most people don’t realize that when they are arrested for DUI in…

Will Smith v. Chris Rock | Should Celebrity Status Allow a Crime to go Unpunished? It is likely by now…

People v. Faial (2022): Amended Law Shortens Probation Period  The California Court of Appeals reviewed the issue of whether Assembly…

How Can a Lawyer Reverse Your Manslaughter Conviction | The Case of Adora Perez In the mulling case of In…

Convictions of Misdemeanor or Felony Domestic Violence in California End Your Federal Right To Bear Arms The Second Amendment to…

People v. Reynoza: Dissuading A Witness

March 15, 2022 | Paul Wallin

People v. Reynoza: Dissuading A Witness          Many people find themselves charged with improper crimes due to the prosecutor misconstruing…

The Difference Between Domestic Violence and Battery It is easy to get confused about certain terms in the law. For…

AB 1228: Own Recognizance Release for Probation Violations Assembly Bill 1228, a newly-enacted law, addresses the issue of bail and…

People v. Sanchez (2022): Amended Laws Resulting in Reversed Convictions The California Court of Appeals reviewed the issue of whether…

Self-Defense in Domestic Violence Cases

February 28, 2022 | Paul Wallin

Self-Defense in Domestic Violence Cases If you have lived with a significant other, you know that arguments can begin over…

How Can an Expungement Help Me Get a Job? (PC 1203.4)

February 23, 2022 | Stephen Klarich

How Can an Expungement Help Me Get a Job? (PC 1203.4) In today’s economy, job-seekers need every advantage they can…

Three Very Important Things to Remember for Your Restraining Order Hearing 1.  A respondent must be served with the restraining…

How Newly Discovered Evidence Can Be Raised While Your Case Is On Appeal Let’s say you are a defendant in…

Being involved in a fatal accident is a serious matter.  Depending on the circumstances you can be charged with vehicular…

BIG Break For Those Facing Serious Jail Time In California Governor of California signs new law allowing judges to dramatically…

People v. Brown (2021): Police Search of Pockets without Probable Cause Unconstitutional In the recent case of People v. Brown,…

Can You Legally Grow Cannabis At Home?

September 3, 2021 | Paul Wallin

Can You Legally Grow Cannabis At Home? Regulations on cannabis use have been a hot topic of discussion in California…

I am charged with a felony. Can Wallin & Klarich help me get mental health diversion? Some people will be…

Could Be Convicted Of A Serious Felony In Some Cases Even If The Witness Who Identified You Doesn’t Testify At…

People vs. Nieves: Death Penalty Sentence Overturned In an opinion issued May 3rd, 2021 the California Supreme Court overturned the…

Trevor Bauer: The Vague Line Between ‘Rough’ Sex & Sexual Assault In recent news, Trevor Bauer has been accused of…

District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of…

New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out…

Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case Negotiating favorable plea deals is an artform. The…

California Defendants Accused of Crimes Often Wait Years Before Their Day in Court   Thousands of people in California have…

In re Viehmeyer: Can a Person Be Eligible For Early Parole Under Prop 57 if She is Convicted of Violent…

Your Fourth Amendment Rights May Protect You From Government Intrusion When At Your Home  The Supreme Court ruled in a…

IF SOCIAL WORKERS TAKE YOUR CHILD, CAN THE COURT DENY YOU ALL VISITATION WITH YOUR CHILD?   The sad answer…

WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION?

June 21, 2021 | Paul Wallin

WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION? Penal Code §1001.36 allows the judge to grant diversion to a defendant, however,…

Why Should I Hire Wallin & Klarich If I Have Been Served With A Restraining Order?  If you have been…

THE COURT CANNOT TAKE YOUR KIDS AWAY JUST BECAUSE YOU HAVE A CRIMINAL RECORD OR BECAUSE YOU HAVE GONE TO…

IF YOU ARE CURRENTLY ON PROBATION A NEW LAW MAY ALLOW YOU TO SHORTEN OR GET OFF OR PROBATION NOW…

Charged with felony domestic violence and felony false imprisonment One Wallin & Klarich client was charged with felony domestic violence…

IF YOU PUNCH A COP YOU LIKELY WILL GO TO JAIL!!!              Well, don’t because California Penal Code Section 243(b)…

Embezzlement : Wallin & Klarich Client

April 28, 2021 | Paul Wallin

Embezzlement : Wallin & Klarich Client Our Client was charged with felony embezzlement under Penal Code section 503 for allegedly…

Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like?   Domestic violence…

What Is a Domestic Violence Restraining Order?   Under California law, a restraining order can be issued by a judge…

When the Victim Does Not Want to Prosecute

April 12, 2021 | Paul Wallin

When the Victim Does Not Want to Prosecute   We hear it all the time from domestic violence clients, “The…

Can You Be Punished Twice For the Same Crime?

April 8, 2021 | Paul Wallin

Can You Be Punished Twice For the Same Crime? The California Penal Code provides that a person who is convicted…

What Evidence Does A Prosecutor Need To Charge You With Hit and Run? [20002 VC]         With so many cars on…

Can a Criminally Accused Person Invoke Their 5th Amendment Privilege Against Self-Incrimination? Civil restraining orders are often filed concurrently with…

10 Important Tips to Help You Decide Which Child Dependency Attorney to Hire There are many reasons why the courts…

AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record With the…

The Elderly Parole Program

January 29, 2021 | Paul Wallin

The Elderly Parole Program If you know someone who is incarcerated and they are over 50 years old and they…

Can Police Enter a Home When They are Chasing a Person for a Misdemeanor? The Fourth Amendment to the United…

“Harmless Errors” By the Court May Not Affect the Verdict People v. Schultz (2020) Defendant Michael Schultz (“Schultz”) was convicted…

If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437 On November 19,…

What duty does an attorney owe to their client?

January 15, 2021 | Paul Wallin

What duty does an attorney owe to their client? In the U.S. Constitution, the Sixth Amendment guarantees a criminal defendant…

Changes to the Felony Murder Statute in California SB 1437 In 2018, the Legislature enacted Senate Bill No. 1437, which…

Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California? Recently, the question confronting courts is whether…

Can someone be charged with First Degree murder if they never actually killed anyone? Did you know that you can…

In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to…

California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence On September 30, 2018, the…

San Fernando Valley Residents Convicted of a Crime May Be Eligible for Resentencing Effective December 8, 2020, the Los Angeles…

Are you Eligible for Resentencing in LA County?

December 29, 2020 | Paul Wallin

Are you Eligible for Resentencing in LA County? Effective December 8, 2020, the Los Angeles County District Attorney George Gascon…

UPCOMING CHANGES TO PROBATION IN CALIFORNIA

December 29, 2020 | Paul Wallin

UPCOMING CHANGES TO PROBATION IN CALIFORNIA 2021 will bring about many changes much needed changes to our criminal justice system.…

What is the Right to Waive a Jury Trial?

December 22, 2020 | Paul Wallin

What is the Right to Waive a Jury Trial? In criminal prosecutions, the defendant may decide whether he or she…

When is it a Crime to Encourage Someone Not to Report a Crime? Not surprisingly, it is a crime to…

Can My Accomplice Testify Against Me In Court?

December 10, 2020 | Paul Wallin

Can My Accomplice Testify Against Me In Court? What is an Accomplice? An accomplice is one who aids, abets, or…

Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life In 2000, a man was convicted in…

Does the Fourth Amendment Protect a Person from Private Searches? With few exceptions, the Fourth Amendment prohibits unreasonable searches and…

San Diego Trial Court Imposes 5 Year Enhancement for Burglary [PC 1192.5] A San Diego criminal conviction was appealed, and…

Prop 57 May Not Apply To Juvenile Offenders Sentenced In A Trial Court Defendant Jesus Lizarraga (“Lizarraga”) was 17 years…

Federal Judge Dismissed a Drug Case When the Federal Court Refused to Resume Jury Trials and Violated the Defendant's Constitutional…

California Department of Corrections and Rehabilitation to Award 12-weeks of Positive Programming Credit to Eligible Inmates As the global Covid-19…

Don’t let the District Attorneys unlawful tricks cause you or a loved one to be wrongfully convicted Criminal trials require…

Social Media Companies May No Longer Refuse to Turn Over Relevant Information to Those Facing Criminal Charges In August 2020,…

New Title IX Rules Secure Due Process Rights for Students in California New Title IX rules by Education Secretary Betsy…

8,000 California Inmates Could be Released by August—Are you or your loved one eligible? As we mentioned at the beginning…

The People v. Anatoly Smolkin

June 25, 2020 | Paul Wallin

The People v. Anatoly Smolkin There was an interesting criminal case that made its way to the appellate courts in…

Students Accused of Misconduct Get New Legal Rights to Defend Themselves New Title IX Regulations The Department of Education recently…

California Court of Appeals Finds that Requiring Probationer to Surrender Electronic Devices to Search at Any Time was Burdensome and…

How Your Attorney May Prevent Any Charges from Being Filed Against You Most people believe you only need a lawyer…

What are the Legal Defenses to Hit & Run?

May 7, 2020 | Paul Wallin

What are the Legal Defenses to Hit & Run? Although the deck is stacked against any criminal defendant due to…

New Law Can Help Those Accused of Crimes Access Police Officer Records to Help Them Win Their Case That’s not…

5 Inconvenient Things about Life with an Arrest Warrant In California, a warrant for your arrest can limit your freedom.…

Can My Children Be Taken Away if I Smoke Marijuana? As we all know smoking marijuana or consuming marijuana as…

District Attorneys Challenging Inmates Released Under No Bail Order On March 19, 2020, California Governor Gavin Newsom issued a “stay-at-home”…

Your Good Conduct in Custody Can Now Satisfy “Honest and Upright Life” Requirement for Expungements [Penal Code section 1203.4a(a)] Does…

AB 61 - Employers, Coworkers, Employees, & Teachers Can Now Petition to Take Your Guns Away in California Previous Law…

Civil Harassment Restraining Orders

April 26, 2020 | Paul Wallin

Civil Harassment Restraining Orders A Civil Harassment Restraining Order (CHRO) is a court order that helps to protect people from…

Pretrial Diversion Programs SB 394

April 25, 2020 | Paul Wallin

Pretrial Diversion Programs SB 394 Existing Law Existing law allows individuals charged with a specified crime to qualify for a…

What is the Statute of Limitations for Child Molestation Charges? Being accused of a sex crime can be a very…

NEW COURT ORDER IN ORANGE COUNTY COULD LEAD TO YOUR RELEASE FROM CUSTODY 60 DAYS EARLIER THAN EXPECTED A new…

What is a “No-Contest” Plea? | A Breakdown

April 22, 2020 | Paul Wallin

What is a "No-Contest" Plea? | A Breakdown In California, the vast majority of criminal cases (most estimates put the…

3 Ways Murder Becomes a Federal Crime

April 21, 2020 | Paul Wallin

3 Ways Murder Becomes a Federal Crime Murder is a crime specified under Federal statute, at 18 U.S.C. § 1111,…

Reporting a Crime May Make You Immune to Prostitution Charges SB 233 Grants Immunity from Arrest A new law in…

Subpoenas Can Now Be Served Electronically

April 20, 2020 | Paul Wallin

Subpoenas Can Now Be Served Electronically Witness Subpoenas California just made it easier for witnesses to be served with subpoenas.…

Understanding Domestic Violence Restraining Order Laws What Are Domestic Violence Restraining Orders? A Domestic Violence Restraining Order is a type…

New Law Helps Exonerated People Get Their Life Back A recently enacted law is helping people who were convicted of…

Can I Be Prosecuted as an Accessory if I Refuse to Testify? Accessory v. Accomplice This is an interesting question…

New Notice Requirements if You Wish to Terminate Probation Early Courts have the authority to terminate probation early. That is,…

A Change in the Law Makes Probation Life a Little Easier Court Fines & Probation Violation A change to California’s…

Orange County Law Firm Will Offer Virtual Consultations Throughout the Duration of the COVID-19 Pandemic [TUSTIN, CA]: The offices of…

Your Constitutional Right to Confront Your Accuser in Court State legislatures and prosecution lobbyists frequently find ways to have laws…

AB 164 Expands the Scope of Persons Prohibited from Owning or Purchasing a Firearm Under existing law, a person who…

SB 269 Statute of Limitations for Wrongful Convictions Extended Previous Law for Wrongful Convictions Existing law authorizes a person who…

Former Deputy City Prosecutor Joins Orange County Top Criminal Defense Firm Attorney Richard A. Iriarte was Appointed as Associate Attorney…

Orange County Law Firm Adds Former Deputy District Attorney Wallin & Klarich Welcomes William Basil Sparks III as Associate Attorney…

HOW BAD JURY INSTRUCTIONS IN YOUR CASE MIGHT GET YOU A NEW TRIAL In People v. Wetle, a commercial fisherman…

CAN YOUR TEENAGER BE TRIED AS AN ADULT?

February 19, 2020 | Paul Wallin

CAN YOUR TEENAGER BE TRIED AS AN ADULT? When it comes to criminal justice and juveniles, the law has long…

What Does a Writ of Habeas Corpus Do?

February 17, 2020 | Paul Wallin

What Does a Writ of Habeas Corpus Do? In California, a writ of habeas corpus is a legal order that…

MAJOR CHANGES IN THE DEFINITION OF KIDNAPPING MADE BY THE CALIFORNIA APPELLATE COURT In People v. Taylor, the defendant was…

COURT RULES CERTIFICATE OF PROBABLE CAUSE NOT REQUIRED IN CERTAIN APPEALS It always seems to be the big question when…

Wallin & Klarich Proudly Supports Local Youth Sports Organizations Southern California Criminal Defense Law Firm is now an Official Sponsor…

Wallin & Klarich Proud to Sponsor Bench-Bar Golf Tournament Southern California Law Firm Partnered with San Bernardino County Bar Association…

Can You be Prosecuted for Encouraging Illegal Immigration? One of the most contentious issues that the United States has faced…

Wallin & Klarich Excited to Help Fund Whittier Community Theatre Southern California Defense Firm Provides Support for Production and Shows…

Wallin & Klarich Sponsors Torrance Little League Baseball Southern California Criminal Defense Firm Partners with Little League to Support Local…

New Case Helps in the Fight against Felony Murder Convictions The fight to change California’s felony murder rule continues, but…

Bicycle Club of Irvine Partners with Wallin & Klarich Orange County Law Firm Donates to Irvine Bicycle Club with Year-Long…

Veterans Treatment Courts: An Option for Service Members The U.S. Armed Forces are a source of pride for this country.…

How California Teachers Can Protect Themselves Against False Abuse Allegations Other than a child's immediate family, no other group of…

Beware: Bullying Can Lead To School Expulsion

November 5, 2019 | Matthew Wallin

Beware: Bullying Can Lead To School Expulsion A high school is a place where we hope our children will learn…

Fighting for Students’ Rights: Matthew B. Wallin At Wallin & Klarich, we work hard to maintain our stellar reputation as…

California Courts Fighting to Keep the Old Felony Murder Rule In recent years, Californians, through the Governor’s office and the…

Success Stories: Grand Theft at a House Party [PC 487] If there is any constant in this world, it is…

Winner of the Fall 2019 Wallin & Klarich Scholarship Announced Southern California Law Firm Awards Education Scholarship To Student Who…

Wallin & Klarich Gold Sponsor of Santiago Hills PTA Event [IRVINE, CA]: The Law Firm of Wallin & Klarich maintains…

Diversion Programs

August 19, 2019 | Paul Wallin

Diversion Programs A criminal conviction has far-reaching ramifications as it can impact your freedom, and your ability to earn a…

Understanding Your Miranda Rights

August 12, 2019 | Paul Wallin

Understanding Your Miranda Rights Anyone who has watched Law & Order, NCIS, or another crime series on television has probably…

WE CAN HELP YOU SUBMIT AN APPLICATION ASKING PROSECUTORS TO REVIEW YOUR LOVED ONES CONVICTION IN LA COUNTY The Los…

Appealing a School Expulsion in California

July 8, 2019 | Matthew Wallin

Appealing a School Expulsion in California Expulsion from school and entire school district is the ultimate punishment that any school…

Can You Be Jailed for Refusing to Unlock Your Phone? William Montanez recently was released from a Florida jail after…

Help! An Arrest Warrant Has Been Issued for Me in California What is the purpose of an arrest warrant? The…

Senior Partner Paul Wallin had the privilege of speaking at the Columbus Tustin Middle School (CTMS) career day. Mr. Wallin…

Paul Wallin Is Guest Speaker for AVID Students at CTMS Senior Partner Paul Wallin had the privilege of speaking at…

IF YOU WERE CONVICTED OF A FELONY VEHICLE THEFT OFFENSE YOU MAY QUALIFY FOR THE FELONY TO BE REDUCED TO…

Living With Felony Probation

June 6, 2019 | Paul Wallin

Living With Felony Probation A lot of people assume that getting sentenced to probation for a felony is a slap…

Matthew B. Wallin Continues to Ensure Fair School Disciplinary Processes for Students in 2019   The Law Firm of Wallin…

  Wallin & Klarich $2,500 Scholarship Every person has a different story but none of those stories were created without…

Experienced School Expulsion Attorney Having Highlight Year Matthew B. Wallin Continues to Ensure Fair School Disciplinary Processes for Students in…

Wallin & Klarich Now Accepting Applications for 2019 Education Sponsorship Wallin & Klarich $2,500 Scholarship Every person has a different…

Cleaning Up Your Record: Cases You Didn’t Know Could Be Removed Life with an arrest or conviction on your record…

Factual Innocence and the C.A.R.E. Act: The Difference Between PC 851.8 and PC 851.91 An arrest record can haunt you…

Will a Disorderly Conduct PC 647(F) Conviction Prevent Me from Getting a Concealed Weapons Permit? California law prevents some people…

Juror Misconduct and Your Right to Appeal

April 25, 2019 | Paul Wallin

Juror Misconduct and Your Right to Appeal Our system of criminal justice is founded upon the principal that no person…

California Cracking Down on Unauthorized Practice of Law (Business and Professions Code Section 6126) Immigrants are among the groups of…

Title IX Investigations: Can I Cross-Examine Witnesses? If you are accused of a crime, you are guaranteed certain rights. One…

Domestic Battery and Gun Rights (PC 243(e)(1))

March 25, 2019 | Paul Wallin

Domestic Battery and Gun Rights (PC 243(e)(1)) A domestic battery conviction could lead to harsh penalties. If you are convicted…

What is the Crime of Aggravated Kidnapping? (PC 209) Under California Penal Code Section 207, a kidnapping occurs when a…

Is It Illegal to Shoot a BB Gun in California? (PC 246.3) “You’ll shoot your eye out, kid.” Every holiday…

How You Can Still Be Arrested for Marijuana Possession in California Marijuana is legal in California … isn’t it? While…

You Can Never Own a Gun if You are Convicted of Domestic Violence If you are convicted of domestic violence…

Applying for Resentencing Under California’s Modified Felony Murder Rule (PC 1170.95) Previously, you could be charged with murder under Penal…

Title IX Hearing: What to Expect If You’re Accused of Sexual Assault on Campus If you are accused of sexual…

Student’s Rights in a Title IX Sexual Misconduct Case Sexual misconduct allegations at a college or university could span many…

How the Fourth Amendment Impacts Your DNA Rights

February 22, 2019 | Paul Wallin

How the Fourth Amendment Impacts Your DNA Rights In 2006, Daniel Marquez was arrested in Ventura County for an alleged…

How Long Does a Domestic Violence Restraining Order Last? In domestic violence cases, the alleged victim may seek a domestic…

Is Domestic Battery a Felony or a Misdemeanor? (PC 243(e)(1)) If you willfully commit a harmful or offensive touching on…

The 4 Most Common Mistakes Defendants Make in Criminal Cases Our skilled criminal defense attorneys have been successfully defending clients…

What is the Purpose of the Child Dependency Court? (WI 300) Most people believe that a child should be able…

When You are Found Guilty by a Jury, It is Not the End of the Game Before a defendant can…

How the Government Shutdown is Impacting Federal Criminal Courts UPDATE: The federal court system now says that it has enough…

How Do Probation Searches of Your Home Work?

January 9, 2019 | Paul Wallin

How Do Probation Searches of Your Home Work? Suppose you are at home on a Saturday afternoon. You are sitting…

The Elements Required to Add a Gang Enhancement to Your Sentence (PC 186.22(b)) Fear of gang violence across California in…

When You May Want to Waive Your Right to a Jury Trial The right to a jury trial is recognized…

Is It a Crime to Text Someone to Commit Suicide?

January 2, 2019 | Paul Wallin

Is It a Crime to Text Someone to Commit Suicide? Without context, jokes can take on a completely different meaning.…

What Can I Expect at a Progress Review Hearing?

December 14, 2018 | Paul Wallin

What Can I Expect at a Progress Review Hearing? If you are convicted of a crime, you may be able…

Is a Hate Crime a Felony? (PC 422.55)

December 12, 2018 | Paul Wallin

Is a Hate Crime a Felony? (PC 422.55) In California, a criminal act committed against another person that is motivated…

Can Verbal Abuse Be Elder Abuse? (PC 368)

December 10, 2018 | Paul Wallin

Can Verbal Abuse Be Elder Abuse? (PC 368) Most people know that elder abuse is a crime in California. However,…

Don’t Let a Domestic Violence Restraining Order Ruin Your Career Recently, a client came to Wallin & Klarich after he…

Example of a Child Dependency Case Plan

November 9, 2018 | Paul Wallin

Example of a Child Dependency Case Plan If you have a child dependency case and the court determines that your…

Change to California Felony Murder Rule Could Allow for Resentencing Recently, California Governor Jerry Brown passed a law that drastically…

How California’s No Cash Bail System Will Work

October 26, 2018 | Paul Wallin

How California’s No Cash Bail System Will Work When you are arrested for a crime in California, you may have…

Can You Be Charged with Hit and Run if You Returned to the Scene? (VC 20001 & 20002) Being invovled…

Attorney Jonathan M. Lynn Becomes Partner at Wallin & Klarich, A Law Corporation Wallin & Klarich, A Law Corporation is…

Penalties for Possessing a Gun after a Felony Conviction (PC 29800) If you are convicted of a felony offense, you…

When is Defense of Others a Valid Legal Defense to Criminal Charges? In California, it is legal to use force…

How a Ballistics Database Could Link You to a Crime Through Your Gun Every person has a unique fingerprint. Most…

Can a Robbery Conviction Be Expunged? (PC 1203.4)

September 26, 2018 | Paul Wallin

Can a Robbery Conviction Be Expunged? (PC 1203.4) If you have a robbery conviction on your criminal record, you are…

Bill Banning Civil Arrests in Courthouses Makes Governor Brown’s Desk (SB 349) One of the major platforms for the Trump…

What are the Penalties for Credit Card Fraud? (PC 484) Under California Penal Code Section 484, it is illegal to…

What is Attempted Burglary? (PC 459 & PC 664)

September 12, 2018 | Paul Wallin

What is Attempted Burglary? (PC 459 & PC 664) In criminal law, an attempted crime is one in which a…

Legal Self Defense in California

September 10, 2018 | Paul Wallin

Legal Self Defense in California In California, you are allowed to use reasonable self defense in order to protect yourself…

What is a Specific Intent Crime?

September 7, 2018 | Paul Wallin

What is a Specific Intent Crime? Words like “knowingly” and “willfully” are often brought up in the criminal justice system…

Is Your Car Key a Deadly Weapon? (PC 245(a)(1))

September 5, 2018 | Paul Wallin

Is Your Car Key a Deadly Weapon? (PC 245(a)(1)) When you hear the term “assault with a deadly weapon,” what…

Will California Change the Felony Murder Rule? (PC 189) Under California Penal Code Section 189, you could be convicted of…

6 Things You Need to Know About Carjacking

August 10, 2018 | Paul Wallin

6 Things You Need to Know About Carjacking Under California Penal Code Section 215, carjacking is defined as the felonious…

What are the Consequences of Petty Theft with a Prior? (666 PC) A petty theft conviction carries up to six…

What to Expect at a Preliminary Hearing

August 3, 2018 | Paul Wallin

What to Expect at a Preliminary Hearing If you are accused of a felony offense, there will be a step…

Will I Be Charged with False Imprisonment or Kidnapping? Most people have heard of the crime of kidnapping under California…

What are Burglary Tools? (PC 466)

July 30, 2018 | Paul Wallin

What are Burglary Tools? (PC 466) Under California Penal Code Section 466, it is illegal to possess a burglary tool…

Criminal Act of Having Sex With a Minor

July 27, 2018 | Stephen Klarich

The Criminal Act Of Having Sex With A Minor in California Having sex with a minor is a serious criminal…

Police Can’t Search Your Genitals without a Search Warrant (PC 4030) When you are arrested for a crime, you will…

Is it a Crime to Lie to a Police Officer? (PC 148.5) Little lies are often harmless. You might lie…

Lack of Intent as a Defense in Burglary Cases (PC 459) Under California Penal Code Section 459, the prosecution must…

Is it Legal to Resist an Unlawful Arrest? (PC 148) You can be lawfully arrested if a peace officer has:…

Differences between theft and embezzlement

July 9, 2018 | Matthew Wallin

Differences between theft and embezzlement Your boss comes to you and asks if you can deliver some cash to the…

Is Assault a Misdemeanor or Felony? (PC 240) Most people know that crimes are charged as misdemeanors or felonies in…

Is Burglary a Felony or Misdemeanor? (PC 459) The crime of burglary is defined under California Penal Code Section 459…

How California Law Distinguishes Burglary Offenses Summer in California is associated with beaches, vacations and fun. According to reports, the…

Can You Travel While on Probation?

June 27, 2018 | Paul Wallin

Can You Travel While on Probation? It’s spring and you’re making plans to take your family on a summer vacation.…

Supreme Court Rules Government Can’t Track Your Location Through Your Cellphone Without a Warrant Do you go anywhere without your…

Can You Be Tried for the Same Criminal Charges More Than Once? Many people who are facing a criminal charge…

Is Hit and Run a Felony in California? (CVC 20001 and CVC 20002) A hit and run incident occurs once…

What is a Statement of Mitigation and How Could It Help Me in Sentencing? When you are convicted of a…

Is it Illegal to Make Prank Calls? (Penal Code 653m PC) California Penal Code 653m makes it illegal to contact…

Sealed Arrest Record? (PC 851.91) What Can Happen If You Disclose a Sealed Arrest Record? (PC 851.91) A new California…

How a Judge’s Ruling Led to Bill Cosby’s Sexual Assault Conviction Comedian Bill Cosby was found guilty on three counts…

Is the YouTube Female Viagra Prank the Crime of Date Rape? On YouTube, a new “prank” gained popularity recently. This…

What Sealing Your Arrest Record Does and Does Not Do (PC 851.91) The negative stigma of having an arrest record…

What Happens When a Witness Doesn’t Want to Testify in a Corporal Injury on a Spouse Case? (PC 243(e)(1) and…

The Court Process for Sealing an Arrest Record Under PC 851.91 On January 1, 2018, The Consumer Arrest Record Equity…

The Burden of Proof When Sealing Your Arrest Record (PC 851.91) On January 1, 2018, a new law enacted in…

Most Common Legal Defenses to Corporal Injury on a Spouse Charges (PC 273.5) Inflicting corporal injury on a spouse or…

Special Circumstances Murder (California Penal Code Section 190.2) Can some people be sentenced to the death penalty for a murder…

How to Protect Yourself from Federal Prosecution When You Buy Marijuana in California While marijuana is now legal in California,…

New California Law Allows Arrest Records to Be Sealed (PC 851.91) Every year, there are more than one million people…

What's the Difference Between Carjacking and Grand Theft Auto? (PC 215, PC 487) Carjacking and grand theft auto both involve…

The Difference Between Corporal Injury on a Spouse and Battery (PC 242, 243) The crimes of battery and corporal injury…

Student Threats of Violence (Education Code Section 48900.7) With the prevalence of violence in public schools today and the recent…

The Elements of Making a Criminal Threat

February 21, 2018 | Paul Wallin

The Elements of Making a Criminal Threat To be convicted of criminal threats in California, the prosecution must prove beyond…

Is Criminal Threats a Strike in California?

February 16, 2018 | Paul Wallin

Is Criminal Threats a Strike in California? If you threaten to cause another person great bodily injury or death, you…

Is Criminal Threats a Misdemeanor or a Felony in California? (PC 422) You commit the crime of making criminal threats…

Gov. Brown Issues 132 Governor's Pardons for Christmas. Could You Be Pardoned Next? California Governor Brown has issued more than…

Can You Violate a Restraining Order Through Social Media? (PC 273.6) Restraining orders are court-issued mandates 09designed to protect people…

Why Would a Certificate of Rehabilitation Help Me? If you have a criminal record, you probably have experienced firsthand how…

I Violated My Restraining Order. What Consequences Do I Face? (PC 273.6) If a restraining order is issued against you…

In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to…

A Certificate of Rehabilitation May Help You Be Rem oved from Internet Disclosure If you are convicted of a sex…

Is it Too Late to Appeal My Conviction?

January 8, 2018 | Paul Wallin

Is it Too Late to Appeal My Conviction? Being convicted of a crime could be devastating. You could lose your…

Will You Be Granted Bail While Your Appeal is Pending If you are convicted of a crime, your case is…

Will I Go to Jail for a Probation Violation? (PC 1203) If you are put on probation by the court,…

The Criminal Act of Having Sex with a Minor: Statutory Rape (PC 261.5) Under California Penal Code Section 261.5, it…

The Burden of Proof in Probation Violation Hearings

December 27, 2017 | Paul Wallin

The Burden of Proof in Probation Violation Hearings In the criminal justice system, every person is presumed innocent until proven…

How to Beat a Probation Violation Accusation

December 22, 2017 | Paul Wallin

How to Beat a Probation Violation Accusation Probation gives you the opportunity to serve your sentence without spending time in…

Can You Be Charged with Raping Your Spouse? (PC 262)

December 20, 2017 | Stephen Klarich

Can You Be Charged with Raping Your Spouse? (PC 262) As unbelievable as it sounds, for a long time, California…

Can Statutory Rape Charges Be Dropped? (PC 261.5)

December 18, 2017 | Paul Wallin

Can Statutory Rape Charges Be Dropped? (PC 261.5) Statutory rape is a serious crime in California. Many alleged victims do…

Are DUI Checkpoints Legal in California?

December 15, 2017 | Paul Wallin

Are DUI Checkpoints Legal in California? Every weekend, law enforcement agencies throughout the state of California set up DUI checkpoints…

Key Differences Between Statutory Rape and Lewd Acts with a Minor (PC 261.5 and PC 288) In some cases, the…

Can You Bring Up Prior Sexual History in a Rape Case? When someone accuses you of rape, it is likely…

Can a Rape Victim Drop Charges? (PC 261)

November 22, 2017 | Paul Wallin

Can a Rape Victim Drop Charges? (PC 261) Rape cases are often “he-said/she-said” circumstances where the only evidence against the…

Facts about Spousal Rape Charges in Irvine – PC Section 262 Many people do not think they can be charged…

Can You Have a Felony and Not Go to Jail? (PC 1170(h)) Most people assume that if they are convicted…

Will I Go To Jail For Statutory Rape In Los Angeles? (PC 261.5) Under California Penal Code 261.5, it is…

5 Black Friday Crimes That’ll Make You Wait for Cyber Monday On Black Friday, hordes of people flock to stores…

What Does the Prosecution Have to Prove to Convict of Sexual Molestation? Sexual molestation is considered a very serious crime…

California Extends Miranda Rights to Children 15 and Under Your child is accused of an incident at school. The police…

How A Certificate of Rehabilitation Can Stop Sex Offender Registration Sex offenders have not only been the top stories of…

Sextortion is a Crime in California (PC 518)

November 6, 2017 | Paul Wallin

Sextortion is a Crime in California (PC 518) California Governor Jerry Brown recently signed a law that will make “sextortion”…

What Does a Certificate of Rehabilitation Do?

November 3, 2017 | Paul Wallin

What Does a Certificate of Rehabilitation Do? A criminal conviction can have a negative impact on you for the rest…

Why Should You Apply for a Governor’s Pardon Now? Time is running out for California Governor Jerry Brown. He is…

How to Fight Child Molest Charges (PC 288)

October 30, 2017 | Paul Wallin

How to Fight Child Molest Charges (PC 288) Under California Penal Code Section 288, you could be convicted of the…

Defining Sexual Gratification in a Lewd Acts with a Minor Case (PC 288) When California prosecutors charge someone with a…

What is Elder Abuse in Newport Beach? – PC 368

October 20, 2017 | Paul Wallin

What is Elder Abuse in Newport Beach? - PC 368 Elder abuse is a growing issue in Orange County. The…

California Hit and Run Statute of Limitations Extended

October 19, 2017 | Matthew Wallin

California Hit and Run Statute of Limitations Extended According to various reports, Los Angeles experiences more hit-and-run accidents than any…

What is the Difference Between 1st and 2nd Degree Burglary in Los Angeles? California Penal Code 459 defines burglary as…

7 Things to Look for in an Orange County Appeals Attorney If you’ve been convicted of a crime in Orange…

How to Avoid Trial for DUI Charges in California

October 9, 2017 | Matthew Wallin

How to Avoid Trial for DUI Charges in California If you are arrested on suspicion of driving under the influence…

What Happens at a Felony Sentencing Hearing in California? When you are convicted of a felony, it does not mean…

Relief From Sex Offender Registration for Child Pornography Convictions – PC 311.11(a)If you are convicted of possession of child pornography…

Sentence Enhancements for Child Pornography Crimes When you are charged with a child pornography crime in California, you face severe…

Reasons Why Children Lie about Sexual Abuse

October 3, 2017 | Stephen Klarich

Reasons Why Children Lie about Sexual Abuse When an individual is accused of committing a sex crime against a child,…

What is a Split Sentence for a Felony Offense in California? If you are convicted of a felony offense in…

What is Realignment in California?

September 27, 2017 | Paul Wallin

What is Realignment in California? When you are convicted of a felony, you may assume you will have to serve…

Peer-to-Peer Sharing Could Lead to Child Pornography Charges Peer-to-peer (P2P) sharing became popular in the late 1990s, when Napster allowed…

What is Obscene Matter in a Child Pornography Case?

September 22, 2017 | Paul Wallin

What is Obscene Matter in a Child Pornography Case? One of the biggest keys in a child pornography case is…

Punishment for Federal Child Pornography Convictions

September 20, 2017 | Paul Wallin

Punishment for Federal Child Pornography Convictions Child pornography crimes carry harsh punishment in California. In many cases involving child pornography,…

Is It Child Pornography if the Images are Altered? (PC 311.11) If you are charged with a child pornography crime,…

How to Win an Expulsion Hearing (Education Code 48900) School expulsion is a scarlet letter on a student’s record. Students…

10 Steps You Need to Take if You are Charged with a Felony Regardless of what crime you are charged…

Attempted Murder Without Intent (PC 664)

August 16, 2017 | Paul Wallin

Attempted Murder Without Intent (PC 664) Criminal cases often deal with the mindset of the defendant. What was that person…

How to Beat Attempted Murder Charges (PC 664)

August 14, 2017 | Paul Wallin

How to Beat Attempted Murder Charges (PC 664) In California, attempted murder is punished almost as severely as murder itself.…

Will I Have to Register as a Sex Offender for Stalking in California? (PC 646.9) Is stalking a sex crime?…

When is Stalking Considered a Crime? (PC 646.9) “Facebook stalking.” “Internet stalking.” People often throw around the word “stalking” when…

When Does Embezzlement Become a Felony in California? (PC 503) As your work is about to close for the night,…

How to Get Probation Granted

August 4, 2017 | Paul Wallin

How to Get Probation Granted If you are sentenced to jail time, your entire life could change. Not only will…

Revenge Porn Laws: Is the Person in the Images Identifiable? PC 647(j)(4) “Revenge porn” is the concept of publishing nude…

California Hate Crime Laws

July 31, 2017 | Paul Wallin

California Hate Crime Laws In California, if you commit a crime and a substantial factor in your motive for the…

What Does Inflict Corporal Injury on a Spouse Mean? (PC 273.5) If you are convicted of inflicting corporal injury on…

5 Defenses to Reckless Driving an Attorney Can Raise for You With as much time as we spend on the…

When Can a Minor Be Tried as an Adult in California? In California, minors who are arrested for committing a…

Can You Be Convicted of Criminal Threats for Making a Threatening Gesture? (PC 422) During a game last year, Josh…

Could Rob Kardashian Face Revenge Porn Charges in California for Posting Nude Images of Blac Chyna? If you keep up…

Why You Need to Hire a Lawyer for Your Child Dependency Case (WI 300) In a child dependency case, you…

Financial Elder Abuse Using the Internet (PC 368) If you have an email account, you’ve most likely received a message…

Can Amazon’s Alexa Testify Against You in a Criminal Case? The Amazon Echo and Google Home are devices that use…

Scientists Searching for Legal Limit for DUI Marijuana The recreational use of marijuana is now legal in California. Naturally, this…

Consequences of Selling Illegal Fireworks in California Summer is quickly approaching, and before long, many of us will soon turn…

Wallin & Klarich Criminal Defense Attorney Matthew Wallin Named as Super Lawyers Magazine “Rising Star” for 2017 At Wallin &…

Can the Court Terminate Your Parental Rights in a Child Dependency Case? (WI 300) The worst-case scenario in a child…

What Happens to Your Gun if a Restraining Order is Filed Against You? If a court issues a restraining order…

The 3 Most Common Ways a Child Dependency Case Starts (WI 300) When you are involved in a child dependency…

Is Kidnapping a Federal Crime? (PC 207)

June 12, 2017 | Paul Wallin

Is Kidnapping a Federal Crime? (PC 207) California Penal Code Section 207 defines kidnapping as when you take, detain, hold,…

What is a Child Dependency Hearing? (WI 300) Social workers came to your home and told you that you are…

How to Get Assault with a Deadly Weapon Charges Dropped (PC 245(a)(1)) Assault with a deadly weapon is one of…

Should You Sign a Stipulated Expulsion Agreement with the School District? When a student is recommended for expulsion from school,…

Understanding Student Rights in School Expulsion Cases (AB 1729 & Education Code 48900.5) When it comes to the education of…

A School Suspension Can Lead to School Expulsion if You Don’t Know Your Rights Most parents are caught off guard…

Why Bail is Denied (PC 1275)

May 15, 2017 | Paul Wallin

Why Bail is Denied (PC 1275) When a loved one has been arrested, you will likely be willing to do…

How a Restraining Order Can Affect You

May 12, 2017 | Paul Wallin

How a Restraining Order Can Affect You Many people have heard of a restraining order, but do not know what…

Could Cyberbullying Lead to School Expulsion? (Education Code 48900) Anyone who has ever attended school knows that bullying takes place…

Will I Have Custody of My Child During a Child Dependency Case? (Welfare and Institutions Code 300) A complete stranger…

What You Need to Know About House Arrest

May 5, 2017 | Paul Wallin

What You Need to Know About House Arrest If you have been convicted of a crime, you may be willing…

Can You Face Criminal Charges for Threats on Facebook? (PC 422) If you make criminal threats to someone in California,…

How to Win Your DMV Hearing

April 21, 2017 | Paul Wallin

How to Win Your DMV Hearing Most people do not realize that a DUI arrest actually leads to two separate…

When is Hit and Run a Felony in California? (VC 20001) When you cause a vehicle collision, it can be…

Should I Get an Expungement for Immigration Purposes? If you are a non-U.S. citizen living in the United States, you…

Are Felony Convictions Public Record?

April 10, 2017 | Paul Wallin

Are Felony Convictions Public Record? One of the most common questions our attorneys receive is “will my felony conviction show…

How to Avoid Probation Violations

April 7, 2017 | Paul Wallin

How to Avoid Probation Violations If you have been convicted of a crime and sentenced to probation, you are being…

What is a Federal Warrant and How Does It Work? In the United States, you have a right to be…

Can You Be Arrested for Flying a Drone? (PC 402) Whether it’s taking aerial photos or video, conducting research in…

What is the Purpose of Sentencing? (AB 2590)

March 31, 2017 | Paul Wallin

What is the Purpose of Sentencing? (AB 2590) If you are convicted of a crime, you will face whatever sentence…

How to Fight Child Endangerment Charges (PC 273a) Child endangerment is a very serious crime in California. Under California Penal…

How to Attack Your Prior Guilty Plea on Immigration Grounds (PC 1473.7) With the federal government increasing its efforts to…

Beware: ICE Agents Invading Courts to Deport Immigrants If you’re an immigrant in the United States and you’re accused of…

Are Parents Responsible for Juvenile Crime?

March 17, 2017 | Paul Wallin

Are Parents Responsible for Juvenile Crime? Many people believe that when a child is arrested for a crime, the parents…

Are Misdemeanors Punishable by One Year or 364 Days in Jail? (SB 1242) What’s the difference between spending 365 days…

Filing Fake Tax Returns and California Tax Fraud (Revenue and Tax Code Section 19706) What happens when a person decides…

How to Seal an Arrest Record in California (PC 851.8) If you are arrested for a crime, your arrest record…

How to Avoid DUI Checkpoints

February 24, 2017 | Paul Wallin

How to Avoid DUI Checkpoints If you’ve been a licensed driver for a long period of time, you’ve probably encountered…

How to Fight School Expulsion (Education Code 48900) If your child is expelled from school, it can have a lasting…

Aggravated Assault with Deadly Weapon (PC 245)

February 13, 2017 | Paul Wallin

Aggravated Assault with Deadly Weapon (PC 245) As defined under California Penal Code Section 245, an assault with a deadly…

How to Find Out if I Have a Warrant Out for Me

February 10, 2017 | Paul Wallin

How to Find Out if I Have a Warrant Out for Me If a warrant is issued for you in…

Self-Defense in Assault with Deadly Weapon Cases (PC 245) Under California Penal Code Section 245, an assault with a deadly…

What Does It Mean to Have a Warrant Recalled?

February 6, 2017 | Paul Wallin

What Does It Mean to Have a Warrant Recalled? Bench warrants are the most common types of the warrant. They…

The Rise of Ransomware Forces California to Change Its Laws (PC 523) “Give me your lunch money or I’ll beat…

The Dos and Don’ts at a DUI Checkpoint

January 13, 2017 | Paul Wallin

The Dos and Don’ts at a DUI Checkpoint Every weekend, law enforcement agencies throughout California set up DUI checkpoints on…

I’m Being Investigated for a Crime. What Do I Do Now? Many people think that when they are accused of…

How Giving a Child a Ride Home Could Get You in Serious Trouble (PC 207, 272(b), 278, 288) You’re driving…

What is the Difference Between Watson Murder and Vehicular Manslaughter? Southern California roads are filled with drivers, so it’s no…

New Year’s Eve the Busiest Day for DUI Arrests in California What do you do to celebrate New Year’s Eve?…

What is the Punishment for Fleeing an Officer on Foot Versus in a Vehicle? (PC 148) In Southern California, we…

Can I Be Charged with Auto Burglary If I Broke into a Car but Stole Nothing? (PC 459) You’re walking…

Can You Appeal a Felony Conviction in California?

December 19, 2016 | Stephen Klarich

Can You Appeal a Felony Conviction in California? The trial has ended and the jury has found you or your…

Can You Be Charged with Child Endangerment if You Left Your Child with a Family Member Who Injured Your Child?…

Is It Free Speech or a Hate Crime?

December 14, 2016 | Paul Wallin

Is It Free Speech or a Hate Crime? A Redwood City man told police that he punched a gas station…

Should I Have My Spouse Testify on My Behalf in a Domestic Violence Case? (PC 273.5) After an argument in…

When is it Time to File a Motion for a New Trial? (PC 1181) You are on trial for a…

Enhancements to Attempted Murder Charges (PC 664)

December 7, 2016 | Paul Wallin

Enhancements to Attempted Murder Charges (PC 664) Attempted murder is one of the most serious crimes you can be accused…

The Difference Between a Motion for a New Trial and an Appeal You’ve been convicted of a crime. What are…

What is the Difference Between Robbery and Theft? (PC 211 vs PC 484) The act of taking something that isn’t…

Self-Defense in Assault Cases in California

November 7, 2016 | Paul Wallin

Self-Defense in Assault Cases in California Assault is a common crime, but one that is often misunderstood. An assault does…

Should You Talk to a Prosecutor if You are Accused of a Crime? Your right to remain silent is one…

Understanding Voter Registration Fraud in California (EC 18100(a)) The upcoming presidential election has the country divided between two candidates. Some…

When Does Domestic Violence Become a Felony in California? For many crimes under California law, the prosecutor has the choice…

Could Chewing Tobacco Lead to DUI Charges?

October 21, 2016 | Matthew Wallin

Could Chewing Tobacco Lead to DUI Charges? The tests law enforcement officers use to determine if someone has been driving…

10 Reasons You May Not Be Eligible for a Certificate of Rehabilitation A Certificate of Rehabilitation is a court order…

The Point System and Your Driver’s License

October 4, 2016 | Paul Wallin

The Point System and Your Driver’s License Getting points is usually a good thing. In basketball, the team with the…

Making a False Report to Authorities

October 3, 2016 | Paul Wallin

Making a False Report to Authorities Most people will call the police when they see a crime committed or a…

Can I Get My Prison Sentence Modified in California?

September 30, 2016 | Paul Wallin

Can I Get My Prison Sentence Modified in California? If you or a loved one is convicted of a crime…

10 Things Every Criminal Defendant Needs to Know

September 28, 2016 | Paul Wallin

10 Things Every Criminal Defendant Needs to Know If you are accused of a crime, you can expect that the…

It May Never Be Too Late to Withdraw Your Guilty Plea When you enter a guilty plea, you may think…

What is an Arraignment in California?

September 19, 2016 | Paul Wallin

What is an Arraignment in California? Though the facts are different in every case, the path that every criminal case…

Should I Attempt to Withdraw My Plea? (PC 1018)

September 16, 2016 | Paul Wallin

Should I Attempt to Withdraw My Plea? (PC 1018) Did you plead guilty to a crime? You might have thought…

Is Blackmail a Crime of Extortion in California? (PC 524) You’ve probably heard the term “blackmail” before. It is commonly…

Why You Should Never Give Up On Your Criminal Appeal

September 12, 2016 | Paul Wallin

Why You Should Never Give Up On Your Criminal Appeal “I don’t want to talk to you no more, man,”…

The High Cost of Insurance After a DUI

September 2, 2016 | Paul Wallin

The High Cost of Insurance After a DUI What should you be worried about most if you are charged with…

Win a $50 Visa Gift Card from Wallin & Klarich

August 31, 2016 | Paul Wallin

Win a $50 Visa Gift Card from Wallin & Klarich Wallin & Klarich, A Law Corporation is giving away a…

13 Questions to Ask Before Hiring a Criminal Defense Attorney Being accused of a crime is far too serious to…

Can You Appeal Your Sentence?

August 19, 2016 | Paul Wallin

Can You Appeal Your Sentence? When a judge passes down a sentence, you may feel that this is the end…

You Can’t Be Convicted of a Crime Unless All of the Elements are Proven (VC 2800.2) In order to convict…

10 Ways the Internet Can Land You in Federal Prison Over the last 20 years, no technological advancement has changed…

How to Terminate Your Probation Early in 5 Simple Steps (PC 1203.03) If you are on probation, your daily life…

Can the Police Search Your Phone Without a Warrant? The law frequently struggles to keep pace with technology. For that…

Can You Be Charged with Criminal Threats for Online Activity? (PC 422) The internet has made it easier than ever…

What are the Benefits of a Factual Innocence Motion? The criminal justice system can be very imposing, but it can…

Should I Hire an Attorney If I am Accused of Violating Probation Conditions? Violating any of the conditions of your…

The Crime of Financial Elder Abuse

July 28, 2016 | Paul Wallin

The Crime of Financial Elder Abuse When you hear or read the phrase “elder abuse,” you likely think of a…

10 Signs You’re About to Hire the Wrong Criminal Defense Attorney Hiring the right criminal defense attorney to handle your…

Using the Alibi Defense in a Burglary Case

July 20, 2016 | Paul Wallin

Using the Alibi Defense in a Burglary Case If you are charged with burglary, it does not mean that you…

Could Kanye West and Kim Kardashian Face Criminal Charges for Recording Taylor Swift Phone Call By now everyone knows the…

How You Can Help Domestic Violence Charges Against Your Significant Other Be Dropped You got in a heated argument with…

Will I Have to Serve Time If I Violate a Probation Condition? Most people assume that if you violate a…

The Basics of Making a Plea Agreement in Orange County Many of us are conditioned to think every criminal case…

How Criminal Charges are Filed

June 20, 2016 | Paul Wallin

How Criminal Charges are Filed Being accused of a crime can be potentially devastating. The legal process can be complicated…

10 Things to Know About Probation

June 6, 2016 | Paul Wallin

10 Things to Know About Probation Facing jail time can be truly frightening for anyone. A felony charge could lead…

What a California DUI Means for Arizona Residents Southern California is a picturesque area ideal for those looking for the…

10 Mistakes People Make After Being Arrested Being arrested is one of the most stressful things you could ever experience.…

Are DUI Checkpoints Effective?

May 20, 2016 | Matthew Wallin

Are DUI Checkpoints Effective? When the iPhone first hit the market in 2007, Apple commonly used ads that state “There’s…

How to Appeal a School Expulsion Hearing Decision A child being expelled from school is a serious matter. Not only…

How Could You Get a DUI When You Weren’t Driving a Vehicle? You’re out at a bar and you’ve consumed…

Will a California DUI Affect Me if I Live in Nevada? Many California natives flock to Nevada every weekend for…

I’m on Parole. Can Cops Search My Cellphone? Cellphones have become so ingrained in everyday life that for most people…

The Dangerous Consequences of Burglary

May 2, 2016 | Paul Wallin

The Dangerous Consequences of Burglary In the wake of the December 2015 mass shooting in San Bernardino, President Obama and…

Preliminary Alcohol Screening Device and Its Effect on Your DUI A Preliminary Alcohol Screening (PAS) device is a small handheld…

Can It Be a Crime to Defend Yourself in Your Home? Late at night, you are suddenly awakened by the…

Raise Your Voice, Not Your Fists: A Guide to Lawful Protests As we’ve seen recently, when a controversial figure or…

The 10 Best Defenses to DUI Charges in California DUI convictions carry serious consequences, and these consequences could follow you…

Is it a Crime to Warn Others about DUI Checkpoints? There are few things more frustrating on the road than…

Illegal Reentry to U.S. after Deportation (8 U.S.C. Section 1326) If you are deported from the United States and then…

I Received a Civil Demand Letter. What Should I Do? If you are accused of stealing an item from a…

Fees, Fines, and Freedom: The Cost of Being Convicted of a Crime There is an old saying in criminal justice:…

The 10 Most Common Spring Break Crimes

March 25, 2016 | Paul Wallin

The 10 Most Common Spring Break Crimes Spring break is a welcome break from lectures, midterms and assignments. Some students…

The Benefits of Hiring an Attorney for a Pre-filing Investigation A pre-filing investigation is the stage in which police are…

Can Juveniles Serving Life in Prison Get Parole? In 2012, the U.S. Supreme Court ruled it was unconstitutional for a…

How Your Attorney Can Challenge a DUI Blood Test If you are arrested for driving under the influence of alcohol,…

What Happens When You Refuse to Take a Breathalyzer or Blood Test? If you have ever passed through a DUI…

Can You Be Convicted of Murder if You Didn’t Actually Kill Someone? When you think of murder, you probably think…

Threats Made Over Instagram Often Lead to Criminal Charges Laws that prohibit the making of criminal or “terroristic” threats have…

7 Things You Might Not Expect During Your Riverside DUI Case If you live in Riverside County, you face particularly…

Blowing It: How Your Blood Alcohol Content Level Affects Your DUI Charge Being arrested for DUI is a serious event…

The 10 Most Common Juvenile Crimes

February 24, 2016 | Paul Wallin

The 10 Most Common Juvenile Crimes There is no greater teacher than our own mistakes, and there are very few…

The Body-Induced Intoxication DUI Defense

February 19, 2016 | Paul Wallin

The Body-Induced Intoxication DUI Defense Imagine driving home after having a nice dinner at a restaurant. You had a glass…

First-time DUI in Los Angeles Could Trigger Ignition Interlock Device Should you be required to take a Breathalyzer test to…

Missed Your Court Date? Here’s What to Do Next

February 10, 2016 | Paul Wallin

Missed Your Court Date? Here’s What to Do Next If you were late for your court date or failed to…

Is it Graffiti Art or Vandalism?

February 8, 2016 | Paul Wallin

Is it Graffiti Art or Vandalism? Spend any time driving in Los Angeles, and you are bound to see it.…

Legal Defenses to Bad Check Fraud Charges (PC 476) California Penal Code Section 476 makes it a crime to make,…

What is a Deadly Weapon under California Assault with a Deadly Weapon Laws? (PC 245) When you think of assault…

Is it Better to Take a Blood or Breath Test During a DUI Stop? During a DUI stop, a police…

Appealing a Criminal Conviction in California

January 13, 2016 | Paul Wallin

Appealing a Criminal Conviction in California You have been arrested, charged, and tried for a crime. The jury found you…

Gun Violence Restraining Orders in California Aim to Curb Mass Shootings Southern California has had a harsh time recently. At…

When is Receiving Stolen Property a Crime in California? (Penal Code 496) Under California Penal Code Section 496(a), it is…

California Underage DUI Laws

December 30, 2015 | Matthew Wallin

California Underage DUI Laws Oh, to be young again. Who doesn’t wish they could roll back the clock to the…

How to get Child Custody With a Criminal Record

December 28, 2015 | Stephen Klarich

How to get Child Custody With a Criminal Record Having a criminal record could have devastating consequences that affect you…

Felony Domestic Violence in Los Angeles

December 23, 2015 | Paul Wallin

Felony Domestic Violence in Los Angeles Domestic violence is one of the most commonly reported crimes in Los Angeles County.…

Third Offense DUI Laws in California

December 21, 2015 | Matthew Wallin

Third Offense DUI Laws in California Driving under the influence of alcohol or drugs is a serious crime in California.…

Who Drives Drunk More Often: Men or Women?

December 18, 2015 | Paul Wallin

Who Drives Drunk More Often: Men or Women? For years, men have been paying more for their car insurance because…

I Received Stolen Property. Can I Be Charged With A Crime? (California Penal Code Section 496) Many people do not…

Are There Any Instances in Which a Judge Can Deny Bail? (PC 1271) If you were arrested for a crime,…

California DUI Causing Injury Penalties - CVC 23153(a), CVC 23153(b) You decided to drive home after attending a concert at…

What Rights Do Juveniles in Custody Have?

December 7, 2015 | Paul Wallin

What Rights Do Juveniles in Custody Have? Generally speaking, juveniles must be afforded the same basic constitutional rights that adults…

California Domestic Violence Laws: Is it Domestic Violence if You are Not Dating the Victim? When someone mentions domestic violence…

Possible defenses for corporal injury on a spouse Penal Code 273.5 Many people know that domestic violence is a serious…

What do I do if there is a warrant out for my arrest?

November 25, 2015 | Matthew Wallin

What do I do if there is a warrant out for my arrest? If a warrant is issued against you,…

I Am Accused of Assault with a Deadly Weapon in San Bernardino (PC 245) Under Penal Code section 245(a), assault…

DUI Tests – 15 Minute Observation Period for DUI

November 20, 2015 | Matthew Wallin

DUI Tests - 15 Minute Observation Period for DUI If you are pulled over for DUI in California, you will…

I Am Being Accused of Violating a Restraining Order – PC 273.6 A restraining order is a court order that…

How to Avoid Criminal Charges on Fantasy Sports Sites For many Americans, Sundays are special days. Not only is it…

What is Involuntary Manslaughter? – PC 192 (b)

November 11, 2015 | Paul Wallin

What is Involuntary Manslaughter? – PC 192 (b) Under California Penal Code section 192 (b), involuntary manslaughter is the unlawful…

Punishment for Felony Offenders Charged with Assault with a Deadly Weapon in Riverside (PC 245) Assault with a deadly weapon…

What is a lewd and lascivious act on a child? – California Penal Code Section 288 In California, it is…

3 Defenses An Attorney Can Use If You Are Facing Vandalism Charges In Orange County - California Penal Code 594…

Consequences of DUI If You Are on Probation for a DUI in Riverside County A DUI conviction in Riverside is…

What Does being Charged with a "Wobbler" Offense in California Mean? The term "wobbler" is one that is frequently used…

California Implied Consent DUI Law

October 23, 2015 | Matthew Wallin

California Implied Consent DUI Law One of the most common arguments our DUI attorneys hear from prospective clients is that…

DUI Murder or Vehicular Manslaughter?

October 21, 2015 | Paul Wallin

DUI Murder or Vehicular Manslaughter? We Californians spend much of our lives in cars. Not only is driving necessary for…

The Serious Consequences of Felony Insurance Fraud (PC 548-550) The recent arrests of 15 people in Los Angeles on more…

The Elements of a Killing: How Malice Separates Murder from Manslaughter in California Mark Twain once observed that while all…

Can You Be Convicted of Stalking if You Never Made a Threat? (PC 646.9) According to California Penal Code Section…

Violation Of Restraining Order Cases In California And New Ways To Defend Against Them Restraining and protective orders (PC 527.6…

6 Reasons Why Reducing a Felony Conviction to a Misdemeanor is Worth the Expense If you have been convicted of…

You Need Three Or More Convictions For the Prosecution To Charge A Felony Petty Theft If you're like most people,…

What Are The Punishments For A Second DUI Conviction In Orange County? (CVC 23152(a)) If you are convicted of DUI,…

What is Domestic Violence under Penal Code 243(e) in California? Most people know that domestic violence is a crime in…

Can a Single Crime Lead to Multiple Punishments?

September 28, 2015 | Paul Wallin

Can a Single Crime Lead to Multiple Punishments? Under certain circumstances, you could be charged with multiple crimes for a…

Defenses to Assault with a Deadly Weapon Charges in Los Angeles If you are accused of assault with a deadly…

Domestic Violence: What if the Alleged Victim "Recants" Her Statement to the Police Domestic violence claims are very common in today’s…

Terminate A Domestic Violence Restraining Order

September 18, 2015 | Paul Wallin

Terminate A Domestic Violence Restraining Order If a domestic violence restraining order was issued against you, it could impact your…

California Police Misconduct Laws Passed

September 16, 2015 | Paul Wallin

California Police Misconduct Laws Passed “Police misconduct” is a general phrase used to describe police officials who carry out unlawful…

Are You Violating California Law If You Spank Your Child? From Spock to Dr. Phil to the ‘Tiger Mom’, there…

Jails in California Must Allow Face to Face Lawyer Visits with Inmates One of our most treasured constitutional rights is…

What Happens if You are Deported while on Probation? Under California and United States law, if you are convicted of…

When is Unconsciousness a Valid Legal Defense?

August 24, 2015 | Paul Wallin

When is Unconsciousness a Valid Legal Defense? Unconsciousness can be considered a valid legal defense to crimes of both specific…

Can a Public Defender Properly Handle Your Criminal Case? Think Twice Before Asking for a Public Defender Public defenders in…

As California Drought Continues, Water Theft Comes With Harsher Penalties As California entered its second year of drought in 2013,…

Can Police Seize Your Money if You Haven’t Been Charged with a Crime? (PC 186.1) You probably know that police…

Penalties for Stealing Car Registration Tags (VC 4463) Have you ever considered peeling the registration stickers from the plates on…

How You May Be Able to Avoid Jail Time by Serving House Arrest House arrest or home confinement is an…

6 Reasons to Hire an Attorney to Handle Your Traffic Ticket Receiving a traffic ticket is an expensive and annoying…

Restrictions for First-Time Drivers in California If you just received your driver’s license in California, chances are there are certain…

4 Things You Can’t Do When a Warrant is Out for Your Arrest In California, if there is a warrant…

Benefits of Having a Former Prosecutor as Your Defense Attorney What is a prosecutor? A prosecutor typically represents the government…

Avoiding Punishment for a Third Strike with a Romero Motion In 1994, California’s voters decided that the state needed to…

Does an Anonymous Tip Give Police Probable Cause? Under the Fourth Amendment, police officers must have probable cause before they…

6 Tips to Help You Get a Job with a Criminal Record Finding a job can be difficult. From searching…

How a Pitchess Motion Can Help Your Case (Evidence Code 1043-1047) A Pitchess Motion allows you to make a formal…

Consequences for Marijuana Cultivation in California (HS 11358) California has strict laws regarding illegal drugs. Possessing up to an ounce…

Theft by False Pretenses (PC 484)

June 22, 2015 | Paul Wallin

Theft by False Pretenses (PC 484) Under California Penal Code sections 484 and 532, theft by false pretenses is the…

Is it a Crime for an 18-Year-Old to Hug and Kiss a 17-year-old? -- California Penal Code section 647.6 Most…

The Cost of Not Hiring an Attorney for a Pre-filing Investigation If you are being investigated for a crime but…

Do Police Need a Warrant to Search My Hotel Room? The 4th Amendment protects citizens from unreasonable searches and seizures.…

Could You Be Charged with a Crime if Your Dog Bites Someone? The American Veterinary Medical Association (AVMA) reports that…

The Consequences of School Expulsion

June 1, 2015 | Paul Wallin

The Consequences of School Expulsion If your child is expelled from school, the consequences are not just having to move…

What is a Fitness Hearing in Juvenile Court? (Welfare & Institutions Code 707) Sometimes, because of a juvenile’s criminal history…

He Said, She Said: The Difficulty of Evidence in Domestic Violence Cases If you ask a prosecutor to list the…

Consequences of Mayhem (PC 203)

May 20, 2015 | Paul Wallin

Consequences of Mayhem (PC 203) What exactly constitutes mayhem in California? Although mayhem is more commonly used in everyday language…

Can You Face Grand Larceny Charges for Not Returning a Found Wallet? A man in Carson who allegedly found a…

Consequences of Falsely Reporting a Crime in California (PC 148.5) We’ve all heard the story of the boy who cried…

Consequences of Driving Alone in the Carpool or HOV Lane The High Occupancy Vehicle lane, better known as the carpool…

The Difference between Child Abduction and Kidnapping (PC 207) Kidnapping and child abduction are two separate crimes, though both are…

Restoring Your Gun Rights after a Felony Juvenile Conviction Most of us have done things when we were young that…

A Second Chance for Youth Offenders - Fair Sentencing For Youth Act Carjacking. Murder. At 16 years old, these were…

What Happens to Commercial Drivers Who Get Traffic Tickets in California? In California, commercial drivers like truck drivers, bus drivers,…

Traffic Misdemeanor or Infraction? The Choice in Penal Code Section 17(d) You may have heard the term “wobbler,” which is…

Staying in the U.S. as an Immigrant with a Criminal Conviction The U.S. government is actively looking for immigrants with…

Additional Penalties for Crimes against Elderly or Disabled Persons If you commit certain crimes against elderly or disabled persons, you…

Is It a Crime to Leave Your Child at Home Alone? Perhaps you work long hours, and your child gets…

How Orange County’s DNA Bank Can Actually Help Your Case Orange County is the only county in California to maintain…

10 Things to Know Before Agreeing to Felony Probation Imagine that you are facing felony charges for your first offense.…

Can I Be Charged With Bank Robbery if I Rob Somebody at a Bank ATM? (PC 212.5) On the surface,…

Do You Qualify for Resentencing Under Proposition 47? In November 2014, California voters passed a new law that changed the…

Parental Kidnapping: It’s a Crime to Take Your Own Child (PC 278) Many parents don’t realize that they can be…

Do Probation Violations Have a Statute of Limitations? (PC 1203) For the most part, the criminal justice system in this…

Recanting a Statement (PC 118)

March 23, 2015 | Paul Wallin

Recanting a Statement (PC 118) You have probably heard or read in the news about a witness or an alleged…

Early Termination of Probation and Expungement (California Penal Code Sections 1203.3 and 1203.4) There are many reasons you would want…

Prop 47 Sentence Reduction Process

March 18, 2015 | Paul Wallin

Prop 47 Sentence Reduction Process Passed in November 2014, Prop 47 reduces certain low-level and non-violent felonies and wobblers to…

How Your Attorney May Prevent Any Charges From Being Filed Against You What most people do not understand is that…

What is a 1275 Hold? (California Penal Code Section 1275) Your loved one calls you from jail and says he…

What to Expect if You are Charged with Larceny in California California theft and larceny laws are found in California…

Negligence and Gross Negligence in California Vehicular Homicide Cases If you have been involved in an auto accident in which…

Is It Worth It to Hire an Attorney for Petty Theft? (California Penal Code Section 488) Many people who are…

Is Not Saying Anything Perjury? (California Penal Code 118) Under PC 118, you can face a charge of perjury if…

Penal Code 977(a) and its Impact on Your Criminal Case In most misdemeanor cases, Penal Code Section 977(a) allows your…

How Your Sentence Can Be Affected by Gang Affiliation PC 186.22 Sentencing for a felony depends on a number of…

How Can I Avoid Jail Time by Doing House Arrest? (PC 1203.016) Being ordered to serve time in a county…

Consequences of Threatening a Police Officer or Agency Recently, nine men were arrested in New York City for making threats…

5 of the Biggest White Collar Crimes Ever Committed

February 13, 2015 | Paul Wallin <