Understanding the Role of Character Witnesses in California Criminal Defense Cases
Understanding the Role of Character Witnesses in California Criminal Defense Cases When it comes to criminal defense cases in California, character witnesses play a crucial role in the outcome of the trial. These individuals are called upon to testify about the defendant's character and provide insight into their behavior, habits, and overall reputation within the community. Having a skilled and experienced defense attorney on your side is crucial if you…
Read More
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…
Read More
People v. Peterson | What Does The Prosecutor Have To Prove To Convict You Of Stalking In California
People v. Peterson | What Does The Prosecutor Have to Prove to Convict You of Stalking? Stalking is a serious criminal offense. It involves persistent and unwanted attention, harassment, or communication directed towards an individual without their consent. In California, stalking is considered a criminal offense and is punishable by law. California has specific laws in place to protect individuals from being stalked. The state’s Penal Code defines stalking as…
Read More
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…
Read More
What Does A Prosecutor Have To Prove In A PC 459 Burglary Case?
What Does A Prosecutor Have To Prove In A Burglary Case? Burglary is the act of unlawfully entering a building with the intention of committing a crime. In accordance with California Penal Code Section 459, burglary charges can be filed even without theft being involved. Burglary occurs when an individual enters a building, home, structure, room, container, or vehicle with the intent to commit larceny or any felony offense. You…
Read More
New Federal Law That Would Increase The Penalty for Carjacking is Politically Motivated Says Wallin and Klarich Senior Partner Paul Wallin
A Republican-Sponsored Bill Would Block Early Prison Release for Federal Carjacking Offenders Carjacking is a serious crime that has caused growing concern among many communities in the United States. In recent years, carjacking cases have become increasingly common, making it a critical issue for legislators to address. To this end, US Senator Tom Cotton of Arkansas recently proposed legislation that would block federal prison inmates convicted of carjacking from being…
Read MoreWhat Are Crimes Involving Moral Turpitude?
What Are Crimes Involving Moral Turpitude? Crimes involving moral turpitude (CIMTs) are a general category of crimes that involve dishonesty or fraud, or a depraved act that shocks the conscience of a reasonable person. Such a crime always requires intent, meaning that the defendant must have willfully or intentionally acted with the knowledge that the action would harm another. Some examples of CIMTs include murder, rape, arson, robbery, child abuse,…
Read More
How Do Prosecutors Prove Hate Crimes?
How Do Prosecutors Prove Hate Crimes? What Are Hate Crimes? California Penal Code Section 422.55 defines a hate crime as a criminal act committed because of an actual or perceived characteristic of the victim, such as the victim’s disability, gender, nationality, race or ethnicity, religion, or sexual orientation. Hate crimes can have an especially devastating effect because they send a message of intolerance and instill fear in the community that…
Read More
Can My Children Be Taken Away if I Smoke Marijuana?
Can My Children Be Taken Away if I Smoke Marijuana? As we all know smoking marijuana or consuming marijuana as an “edible” is now legal in California. This is great news for all adults who enjoy using marijuana in one of many of its forms. However, what about for parents of young children? Can their children be taken away because they use marijuana? The answer to that question is it…
Read More
New Case Helps in the Fight against Felony Murder Convictions
New Case Helps in the Fight against Felony Murder Convictions The fight to change California’s felony murder rule continues, but those in favor of changing it have gotten a powerful new ally. A recent case in the California Court of Appeal has reversed the first degree murder conviction of Ricky Lee Cobbs based on a new law that changed the felony murder rule. The Facts of In re Cobbs Cobbs…
Read More