How Long Does The DA Have To File Charges In California?
How Long Does The DA Have To File Charges? In California, the District Attorney (DA) has a certain amount of time to file charges against someone who is suspected of committing a crime. This time period varies depending on the severity of the crime and other factors. If you are awaiting charges to be brought against you, you need an aggressive defense attorney on your side. Choosing Wallin & Klarich…
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Are There Open Carry Laws In California?
Are There Open Carry Laws In California? Wondering if you can openly carry a firearm? Prior to 2012, it was legal for anyone to carry an unloaded and unconcealed firearm in public. However, after the enactment of California Penal Code 26350 PC, it became illegal for anyone to openly carry a firearm in public. Choosing Wallin & Klarich to represent your case puts you in a better position to receive…
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What Is “Reasonable Articulate Suspicion” | Traffic Stops
What Is “Reasonable Articulate Suspicion” When it comes to traffic stops, the Fourth Amendment of the United States Constitution protects drivers from unreasonable searches and seizures. However, police officers have been given broad authority when it comes to conducting traffic stops based on what is known as "reasonable articulate suspicion". In California, this means that an officer can stop a driver in certain circumstances if they have reasonable grounds to…
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Do I Need A Criminal Lawyer?
Do I Need a Criminal Lawyer to Help Me? In the face of a criminal accusation, individuals find themselves thrust into a complex and daunting legal landscape. The stakes are high, and the potential consequences can be life-altering. In these challenging times, the guidance and expertise of an experienced criminal defense lawyer become invaluable. This blog explores the pivotal role that an experienced criminal defense attorney from Wallin and Klarich…
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California’s Assault Weapon Ban
California’s Assault Weapon Ban In late October, the U.S. Court of Appeals for the 9th Circuit ruled on California's "assault weapon" ban (Section 30605 of the Penal Code). The law, prohibiting assault weapon possession, allowed prosecutors to charge suspects with a misdemeanor or felony, carrying up to 3 years of imprisonment. Despite a previous injunction, the 9th Circuit has stayed it, allowing the law to remain in effect during the…
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People v. Pomar | You May Be Able To Prevent The Entire DA’s Office From Prosecuting You
People v. Pomar | You May Be Able To Prevent The DA From Prosecuting You The concept of conflicts of interest is not new in the legal world. This is especially true in criminal trials where the stakes are high. A conflict of interest occurs when someone's personal interests or bias interferes with their ability to make impartial decisions that align with their professional obligations. However, as Pomar illustrates, one…
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Federal Judge Blocks California Law Restricting Handgun Sales
Federal Judge Blocks California Law Restricting Handgun Sales Last Monday, a federal judge in Orange County blocked parts of a California law restricting the sale of new handguns in the state, ruling the provisions to be unconstitutional. Below, we explain California’s current requirements for new handguns and the challenges to these laws. What Are California’s Requirements for New Handguns? In California, new handguns must meet certain requirements under the Unsafe…
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District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of Mind
District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of Mind Upon being charged with a crime, it is a common tactic for the District Attorney (DA) to request that the bail be set at maximum or raised, which often requires you to stay in jail for a prolonged period of time. Luckily, hiring an experienced defense attorney can greatly…
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8,000 California Inmates Could be Released by August—Are you or your loved one eligible?
8,000 California Inmates Could be Released by August—Are you or your loved one eligible? As we mentioned at the beginning of the pandemic in California, the state’s justice system has implemented unprecedented protocols in an attempt to quell the surge in COVID-19 cases among incarcerated inmates by releasing 3,500 California inmates within 60 days. The Los Angeles Times reported on July 10, 2020—that as many as 8,000 California prisoners…
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When is Defense of Others a Valid Legal Defense to Criminal Charges?
When is Defense of Others a Valid Legal Defense to Criminal Charges? In California, it is legal to use force to defend another person. This means defense of another may be a valid legal defense to criminal charges such as assault or battery. However, certain elements must be true to be considered legal self defense. Those elements are: You reasonably believed that another person was in imminent danger of suffering…
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