September 10, 2021 | Paul Wallin
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…
COVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment
December 14, 2020 | Paul Wallin
The question before the court in Lacayo v. Superior Court was whether there were such “extraordinary circumstances” presented by the…
Prop 57 May Not Apply To Juvenile Offenders Sentenced In A Trial Court
November 23, 2020 | Paul Wallin
Defendant Jesus Lizarraga (“Lizarraga”) was 17 years old when he shot and killed a member of a rival gang. In…
New Title IX Rules Secure Due Process Rights for Students in California Universities and Colleges
August 31, 2020 | Matthew Wallin
New Title IX rules by Education Secretary Betsy DeVos seek to standardize the Title IX process and give more protections…
California Court of Appeals Finds that Requiring Probationer to Surrender Electronic Devices to Search at Any Time was Burdensome and Intrusive
May 12, 2020 | Paul Wallin
Probation Restrictions Many people might be surprised to know that a judge cannot simply impose any restriction or condition simply…
Your Good Conduct in Custody Can Now Satisfy “Honest and Upright Life” Requirement for Expungements [Penal Code section 1203.4a(a)]
April 29, 2020 | Paul Wallin
Does a criminal defendant’s subsequent good conduct while serving in custody time count as rehabilitation for expungement purposes per Penal…
HOW BAD JURY INSTRUCTIONS IN YOUR CASE MIGHT GET YOU A NEW TRIAL
February 26, 2020 | Paul Wallin
In People v. Wetle, a commercial fisherman was prosecuted under sections of the California Code of Regulations 14 section 632(a)(1)(C)…
Success Stories Military Veteran Gets a Fair Shake
October 1, 2019 | Paul Wallin
Unfortunately, our client put his faith in someone whose idea to get some extra money involved fraud and auto theft.…
PAUL WALLIN GUEST SPEAKER FOR AVID STUDENTS AT COLUMBUS TUSTIN MIDDLE SCHOOL
June 15, 2019 | Paul Wallin
Senior Partner Paul Wallin had the privilege of speaking at the Columbus Tustin Middle School (CTMS) career day.…
Experienced School Expulsion Attorney Having Highlight Year
May 30, 2019 | Paul Wallin
Matthew B. Wallin Continues to Ensure Fair School Disciplinary Processes for Students in 2019 The Law Firm of Wallin…
Can I Be Charged with Felony DUI in Los Angeles?
July 15, 2016 | Matthew Wallin
In Los Angeles, DUI is a “wobbler” offense, which means you could be charged with a felony or a misdemeanor…
When is Receiving Stolen Property a Crime in California? (Penal Code 496)
January 4, 2016 | Paul Wallin
Under California Penal Code Section 496(a), it is a crime to receive stolen property that you know to be stolen.…
California Underage DUI Laws
December 30, 2015 | Matthew Wallin
Oh, to be young again. Who doesn’t wish they could roll back the clock to the days of blissful youth,…
How to get Child Custody With a Criminal Record
December 28, 2015 | Stephen Klarich
Having a criminal record could have devastating consequences that affect you for the rest of your life. Not only will…
Felony Domestic Violence in Los Angeles
December 23, 2015 | Paul Wallin
Domestic violence is one of the most commonly reported crimes in Los Angeles County. In 2012, there were 39,253 reports…
Third Offense DUI Laws in California
December 21, 2015 | Matthew Wallin
Driving under the influence of alcohol or drugs is a serious crime in California. If you are convicted of DUI,…
Who Drives Drunk More Often: Men or Women?
December 18, 2015 | Paul Wallin
For years, men have been paying more for their car insurance because of the assumed increased risk of drunk driving…
I Received Stolen Property. Can I Be Charged With A Crime? (California Penal Code Section 496)
December 16, 2015 | Paul Wallin
Many people do not realize that you could be charged with a crime if you receive stolen property in California. If…
Are There Any Instances in Which a Judge Can Deny Bail? (PC 1271)
December 14, 2015 | Paul Wallin
If you were arrested for a crime, your first instinct is probably to pay bail so that you can be…
California DUI Causing Injury Penalties – CVC 23153(a), CVC 23153(b)
December 9, 2015 | Matthew Wallin
You decided to drive home after attending a concert at the Santa Ana Observatory. Despite consuming several drinks, you believed…
What Rights Do Juveniles in Custody Have?
December 7, 2015 | Paul Wallin
Generally speaking, juveniles must be afforded the same basic constitutional rights that adults have in criminal cases. However, juveniles do…
California Domestic Violence Laws: Is it Domestic Violence if You are Not Dating the Victim?
December 4, 2015 | Paul Wallin
When someone mentions domestic violence you probably imagine a scenario where a husband performs an act of violence against his…
Are Bar Fights Between Roommates Domestic Violence?
December 2, 2015 | Paul Wallin
It is Sunday, and for you, that means going to a bar to watch your football team play its weekly…
Possible defenses for corporal injury on a spouse Penal Code 273.5
November 30, 2015 | Paul Wallin
Many people know that domestic violence is a serious crime. But they aren't aware exactly what domestic violence is under…
What do I do if there is a warrant out for my arrest?
November 25, 2015 | Matthew Wallin
If a warrant is issued against you, it means that you could placed under arrest at any time. Your name…
I Am Accused of Assault with a Deadly Weapon in San Bernardino (PC 245)
November 23, 2015 | Matthew Wallin
Under Penal Code section 245(a), assault with a deadly weapon charges can have serious consequences. If you are accused of…
DUI Tests – 15 Minute Observation Period for DUI
November 20, 2015 | Matthew Wallin
If you are pulled over for DUI in California, you will likely be asked to take a blood or breath…
I Am Being Accused of Violating a Restraining Order – PC 273.6
November 18, 2015 | Paul Wallin
A restraining order is a court order that forbids you from contacting any individual protected under the order and from…
How to Avoid Criminal Charges on Fantasy Sports Sites
November 16, 2015 | Paul Wallin
For many Americans, Sundays are special days. Not only is it a day of worship for many different faiths, but…
What is Involuntary Manslaughter? – PC 192 (b)
November 11, 2015 | Paul Wallin
Under California Penal Code section 192 (b), involuntary manslaughter is the unlawful killing of a human being that occurs either:…
Punishment for Felony Offenders Charged with Assault with a Deadly Weapon in Riverside (PC 245)
November 9, 2015 | Matthew Wallin
Assault with a deadly weapon is a serious crime in California, and you can expect to face harsh consequences if…
What is a lewd and lascivious act on a child? – California Penal Code Section 288
November 6, 2015 | Stephen Klarich
In California, it is a crime for any person to commit a lewd act on a child. Specifically, Penal Code…
How Wallin & Klarich Can Keep Your Criminal Record Clean
November 4, 2015 | Stephen Klarich
This week, a Wallin & Klarich attorney represented a client in court in West Covina who was charged with battery,…
3 Defenses An Attorney Can Use If You Are Facing Vandalism Charges In Orange County – California Penal Code 594
November 2, 2015 | Paul Wallin
What you think is a harmless prank could actually result in serious criminal charges against you. It's Halloween and you…
Consequences of DUI If You Are on Probation for a DUI in Riverside County
October 30, 2015 | Paul Wallin
A DUI conviction in Riverside is a life-changing event. You suddenly find yourself facing a myriad of criminal penalties, fines,…
What Does being Charged with a “Wobbler” Offense in California Mean?
October 28, 2015 | Paul Wallin
The term "wobbler" is one that is frequently used with regards to the penalties, punishment and sentencing associated with California…
California Implied Consent DUI Law
October 23, 2015 | Matthew Wallin
One of the most common arguments our DUI attorneys hear from prospective clients is that they never agreed to take…
DUI Murder or Vehicular Manslaughter?
October 21, 2015 | Paul Wallin
We Californians spend much of our lives in cars. Not only is driving necessary for transportation to and from work…
The Serious Consequences of Felony Insurance Fraud (PC 548-550)
October 19, 2015 | Paul Wallin
The recent arrests of 15 people in Los Angeles on more than 130 felony charges show the severe consequences you…
The Elements of a Killing: How Malice Separates Murder from Manslaughter in California
October 16, 2015 | Paul Wallin
Mark Twain once observed that while all animals kill, “man is the only one… that kills in malice.”1 While the…
Do You Have Miranda Rights if You are Not Under Arrest?
October 14, 2015 | Paul Wallin
“You have the right to remain silent.” We’ve all heard that phrase in movies and TV shows for years. This…
Can You Be Convicted of Stalking if You Never Made a Threat? (PC 646.9)
October 12, 2015 | Paul Wallin
According to California Penal Code Section 646.9(a), any person who “follows or willfully and maliciously harasses another person and who…
Violation Of Restraining Order Cases In California And New Ways To Defend Against Them
October 9, 2015 | Paul Wallin
Restraining and protective orders (PC 527.6 and 527.9) are court orders prohibiting you from having any contact (or having violent contact)…
6 Reasons Why Reducing a Felony Conviction to a Misdemeanor is Worth the Expense
October 7, 2015 | Stephen Klarich
If you have been convicted of a felony, you probably know the effect your felony conviction has on your life.…
You Need Three Or More Convictions For the Prosecution To Charge A Felony Petty Theft
October 5, 2015 | Paul Wallin
If you're like most people, you've probably been tempted to steal something before in your life -- not something as…
What Are The Punishments For A Second DUI Conviction In Orange County? (CVC 23152(a))
October 2, 2015 | Matthew Wallin
If you are convicted of DUI, you face serious consequences. However, many people fail to understand the severity of these…
What is Domestic Violence under Penal Code 243(e) in California?
September 30, 2015 | Paul Wallin
Most people know that domestic violence is a crime in California. However, many people do not understand the complex laws…
Can a Single Crime Lead to Multiple Punishments?
September 28, 2015 | Paul Wallin
Under certain circumstances, you could be charged with multiple crimes for a single act. This commonly happens in DUI cases,…
Defenses to Assault with a Deadly Weapon Charges in Los Angeles
September 25, 2015 | Matthew Wallin
If you are accused of assault with a deadly weapon in Los Angeles, you face severe consequences. In order to…
Domestic Violence: What if the Alleged Victim “Recants” Her Statement to the Police
September 23, 2015 | Paul Wallin
Domestic violence claims are very common in today’s society. They can result from a minor verbal fight or from a non-verbal…
Assault and Battery
September 21, 2015 | Paul Wallin
Assault and battery charges are forms of violent crimes. These are popular crimes in California, and they carry very serious punishment.…
Terminate A Domestic Violence Restraining Order
September 18, 2015 | Paul Wallin
If a domestic violence restraining order was issued against you, it could impact your ability to live a normal life.…
California Police Misconduct Laws Passed
September 16, 2015 | Paul Wallin
“Police misconduct” is a general phrase used to describe police officials who carry out unlawful actions, typically taking advantage of…
Are You Violating California Law If You Spank Your Child?
September 9, 2015 | Paul Wallin
From Spock to Dr. Phil to the ‘Tiger Mom’, there are thousands of books on what the authors believe are…
Jails in California Must Allow Face to Face Lawyer Visits with Inmates
September 8, 2015 | Paul Wallin
One of our most treasured constitutional rights is the right to have a lawyer if you are accused of a…
The Definition of Detention and How It Affects Your Rights
September 2, 2015 | Paul Wallin
It is common knowledge that when you are arrested, the arresting officer is required to read you your Miranda rights.…