Can a Probation Officer Send You to Jail for Violating Probation — or Does Only the Court Have That Power?
Can a Probation Officer Send You to Jail for Violating Probation — or Does Only the Court Have That Power? Many accused individuals on probation believe that if a probation officer says they violated probation, they can automatically be sent to jail. That is not how the law works. A recent California case, People v. Emrick, made clear that probation officers cannot be given unlimited authority to punish someone on…
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California Supreme Court Limits Felony Murder Liability for Non-Killers in People v. Morris
California Supreme Court Limits Felony Murder Liability for Non-Killers in People v. Morris The California Supreme Court recently issued a major decision in People v. Morris that could significantly affect individuals accused of aiding and abetting a homicide during the commission of another crime. For years, prosecutors relied heavily on California’s felony murder rule to charge non-killers with murder, even when they never personally caused a death. But the Court’s…
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Proposed Changes To California’s Elderly Parole Program: What It Could Mean For Serious Offenders
Proposed Changes To California’s Elderly Parole Program: What It Could Mean For Serious Offenders California lawmakers are taking a closer look at the state’s elderly parole program, especially when it comes to individuals convicted of serious sex offenses involving children. A new bill, Assembly Bill 2727, is gaining attention as prosecutors and lawmakers debate how to balance rehabilitation with public safety. Our experienced criminal defense attorneys at Wallin & Klarich…
Read MoreWhy a Conviction Isn’t the End: Two Cases That Prove You Should Never Give Up
Why a Conviction Isn’t the End: Two Cases That Prove You Should Never Give Up Being convicted of a crime after a trial can feel like the end of the road. But in reality, it often isn’t. Appellate courts regularly review trial records for serious legal errors, and when those errors affect fairness, convictions can be reversed and cases sent back for a new trial. Two California cases—In re Melson and People…
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Did You Plead Guilty Without Understanding the Immigration Consequences? Lessons from People v. Avena
Did You Plead Guilty Without Understanding the Immigration Consequences? Lessons from People v. Avena If you are not a U.S. citizen and have been accused of a crime, the decisions you make in your case can have permanent consequences. In many situations, a conviction does not just mean jail time or probation—it can lead to deportation, denial of reentry, or being permanently barred from the United States. A California case, People v.…
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How People v. Valencia Could Help Accused Individuals Facing Serious Charges
How People v. Valencia Could Help Accused Individuals Facing Serious Charges At Wallin & Klarich, we often remind clients that even after a conviction, the law still provides important protections during sentencing. Courts must follow strict rules when calculating prison terms, especially in cases involving multiple charges and enhancements. A recent appellate decision, People v. Valencia, shows how sentencing errors can lead to a new sentencing hearing—and potentially a reduced…
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Loose Marijuana in Your Car Does Not Automatically Justify a Search: What Sellers v. Superior Court Means for Your Case
Loose Marijuana in Your Car Does Not Automatically Justify a Search: What Sellers v. Superior Court Means for Your Case When voters approved recreational marijuana in California, they did not authorize unlimited vehicle searches. In Sellers v. Superior Court (People), the California Supreme Court made that clear—and the decision has important implications for anyone facing gun or drug charges after a traffic stop. At Wallin & Klarich, our experienced criminal…
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People v. Zapata: When Do Police Violate Your Rights After You Ask for a Lawyer?
People v. Zapata: When Do Police Violate Your Rights After You Ask for a Lawyer? If you are under arrest and tell law enforcement, “I want to speak to a lawyer,” that statement carries enormous legal weight. Police officers are required to stop custodial interrogation once you clearly invoke your right to counsel. In People v. Zapata, the California Court of Appeal made it clear: law enforcement cannot sidestep your…
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Court Rules Public Defenders May Decline Racial Justice Act Habeas Cases: What Accused Individuals Need to Know
Court Rules Public Defenders May Decline Racial Justice Act Habeas Cases: What Accused Individuals Need to Know A recent published decision from the California Fourth District Court of Appeal has clarified an important—and often confusing—issue for accused individuals seeking postconviction relief under the California Racial Justice Act (RJA): county public defenders cannot be forced to represent inmates in RJA habeas proceedings. This ruling may significantly affect how RJA claims are…
Read MoreHeld Too Long, Case Thrown Out: Why Benavides v. Superior Court Reinforces California’s 10-Day Rule
Held Too Long, Case Thrown Out: Why Benavides v. Superior Court Reinforces California’s 10-Day Rule When an accused individual is sitting in jail waiting for a preliminary hearing, California law imposes strict deadlines on the prosecution. Those deadlines are not suggestions. They are mandatory—and when they are violated, the case must be dismissed. That is exactly what the Court of Appeal reaffirmed in Benavides v. Superior Court (People), a recent…
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