Bail in California: The Law Presumes Release — Not Jail
Bail in California: The Law Presumes Release — Not Jail If you or a loved one has been arrested in California, one of the most frightening moments often comes after the arrest — learning that bail has been set at an amount that makes release impossible. Many families assume there is nothing that can be done. That is simply not true. Under California law, pretrial release is the rule —…
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When Can a Minor Be Tried as an Adult in California?
When Can a Minor Be Tried as an Adult in California? Did you know that in certain circumstances, minors can be tried as adults in California? Understanding California's laws about when and how minors can be transferred to adult court is important for any family facing this situation. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free…
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When a Court Ignores Mental Health Experts: How Siam v. Superior Court (People)Strengthens Mental Health Diversion Rights in California
When a Court Ignores Mental Health Experts: How Siam v. Superior Court (People) Strengthens Mental Health Diversion Rights in California California’s mental health diversion law, Penal Code section 1001.36, was created to give individuals with qualifying mental health conditions an opportunity for treatment instead of incarceration. The law reflects a clear legislative preference for rehabilitation over punishment when mental illness plays a role in criminal conduct. However, as the recent…
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DUI Second-Degree Murder: Understanding California's Watson Murder Rule
DUI Second-Degree Murder: Understanding California's Watson Murder Rule The recent conviction of a man for second-degree murder following a fatal DUI crash in Santa Ana serves as a reminder of how driving under the influence can transform into a murder charge under California law. This case exemplifies the serious consequences defendants face when they drive impaired after receiving a Watson admonishment during a prior DUI conviction. Our experienced criminal defense…
Read MoreRacially Charged Police Remarks Can Open the Door to a New Hearing—and Possibly a Reversed Conviction
Racially Charged Police Remarks Can Open the Door to a New Hearing—and Possibly a Reversed Conviction When police officers allow racial bias to influence their decisions, the consequences can extend far beyond an unlawful stop or an improper search. Under California’s Racial Justice Act (RJA), racially charged remarks—whether spoken during a traffic stop or written into a police report—can form the basis for meaningful postconviction relief, including a new evidentiary…
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Arrested After an Online Sting? A California Court Just Reversed a Conviction Based on Mistake of Age
Arrested After an Online Sting? A California Court Just Reversed a Conviction Based on Mistake of Age Being accused of an online sex offense involving a minor can feel overwhelming and frightening—especially when law enforcement claims the case is “open and shut.” But a critical California appellate decision, People v. Ismaiel, proves that what you actually believed matters, even if prosecutors say your belief was “unreasonable.” This case is important…
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If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed
If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed If you've been convicted of a crime in California, you might think your legal battle is over. But what if the judge and prosecutor were communicating about your case behind closed doors—without you or your attorney knowing? This type of ex parte communication is…
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When Your Lawyer Isn't Ready
When Your Lawyer Isn't Ready If you're facing criminal charges, you have a constitutional right that goes beyond simply having a lawyer in the courtroom. You have the right to effective representation—a lawyer who is actually prepared to defend you. When a trial court denies your attorney the time needed to prepare your defense, that decision can be so unfair that it constitutes an error, potentially giving you a do-over…
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Conviction Reversed In Rape Case Where Judge Refused To Give Battery Instruction To Jury
Conviction Reversed In Rape Case Where Judge Refused To Give Battery Instruction To Jury When your loved one is accused of a serious felony like rape, it may feel like the odds are stacked against them. But every accused individual has constitutional rights—and when judges or prosecutors fail to follow the law, it can result in a reversal of the conviction and a brand-new trial. A recent California Court of…
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A 20-Year Sentencing Error Gets Exposed: How People v. Cervantes Opens the Door to New Resentencing Relief
A 20-Year Sentencing Error Gets Exposed: How People v. Cervantes Opens the Door to New Resentencing Relief When it comes to criminal sentencing in California, the law is clear: if a court imposes a term that the law does not permit, that sentence is considered unauthorized. And when a sentence is unauthorized, courts have the inherent authority—and duty—to correct it at any time, even decades after the original judgment. The…
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