When Can I Use 'Heat of Passion' As A Defense In My Murder Case?
When Can I Use 'Heat of Passion' As A Defense In My Murder Case? Dealing with criminal charges can be scary, especially when your freedom is on the line. If you're in a situation where you need to defend yourself legally, it's important to know what you can do. In California, there's the "heat of passion" defense, and it could make a big difference in how your case turns out.…
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Never Talk To Someone In A Jail Cell With You As You May Be Talking To A Cop
Never Talk To Someone In A Jail Cell With You As You May Be Talking To A Cop People v. Felix The Miranda Rights are a critical component of the criminal justice process, designed to protect an individual's Fifth Amendment rights against self-incrimination. Stemming from the landmark 1966 U.S. Supreme Court case Miranda v. Arizona, these rights must be read by law enforcement officers to a suspect before questioning them in…
Read MoreCriminal Appeals in Irvine, CA: When and How to Challenge Convictions
Criminal Appeals in Irvine, CA: When and How to Challenge Convictions Have you ever been convicted of a crime in California and wondered if there was any way to challenge or overturn your conviction? You may be surprised to learn that there is a process called criminal appeal specifically for this purpose. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best…
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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…
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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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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…
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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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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…
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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,…
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