Your Rights Against Unreasonable Searches and Seizures in California
Your Rights Against Unreasonable Searches and Seizures in California Under the 4th Amendment of the U.S. Constitution, you have the right to be protected against unreasonable searches and seizures by law enforcement. If you feel that you have been the victim of an unreasonable search and seizure, contact our experienced attorneys at Wallin & Klarich today to see how we can help you protect your rights. What Is an Unreasonable…
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What Happens When Someone Presses Charges Against You?
What Happens When Someone Presses Charges Against You? When someone presses charges against you, they are prosecuting a criminal case against you as a suspect of a crime. Despite common belief, only a prosecutor may press charges against you. Although any other persons, including the alleged victim and law enforcement, may not press charges, they can file a police report. A police report permits the prosecution to press charges and…
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What Does a Public Defender Do?
What Is a Public Defender? In criminal prosecutions, all defendants have a right to an attorney under the Sixth Amendment of the Constitution. Public defenders provide legal defense for those who are not financially able to employ counsel. Public defenders are licensed attorneys and are paid by the government to provide representation. While the Constitution guarantees your right to an attorney, you typically cannot pick who your public defender will…
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How to Get Out of Statutory Rape Charges
How to Get Out of Statutory Rape Charges What Is Statutory Rape? In California, statutory rape is defined as unlawful sex with a minor under the age of 18, even if the sex is consensual. Minors are assumed to be incapable of giving informed consent to sex. Statuory rape can be classified as the four following types: Oral sex between a minor who is less than 18 and a defendant…
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How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate
How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate Penal Code Section 1473.7 permits a defendant to vacate their plea in two ways: 1) Legal invalidity with actual or potential Immigration Consequences; or 2) Newly discovered evidence of actual innocence. The Court in Espinoza reviews the first one and provided the following guideline below to determine the reasonable probability of prejudicial error:…
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Can I Obtain A New Trial if the Judge Gave Wrong Jury Instructions?
The California Court of Appeal determined whether a defendant is allowed the right to a new trial when the defendant demonstrates it was possible that the jury had convicted him based on improper jury instructions. People v. Maldonado In People v Maldonado, police recovered the body of a victim who suffered fatal stab wounds. Police had reason to believe Reynaldo Maldonado had information about this incident but were not able to…
Read MoreHow Long Does It Take to Press Charges?
How Long Does It Take to Press Charges? How Long Does It Take a Prosecutor to File Charges? A criminal case begins when a law enforcement officer cites or arrests an alleged offender and writes a report. After reviewing the report, a prosecutor then decides whether to file charges and, if so, what charges to file. Depending on the alleged crime, the prosecutor may decide to charge the crime as…
Read MoreHow to Win a Revocation Hearing
What Is a Revocation Hearing? When criminal offenders receive probation as a punishment, they must follow certain terms and conditions set for a specified period. If an offender repeatedly or grossly violates the terms of probation, he may return to jail or face other legal consequences. To determine whether probation should be revoked and the defendant sent back to jail, a probation revocation hearing is held to determine if the…
Read MoreHow Much Is a Reckless Driving Ticket?
How Much Is a Reckless Driving Ticket? What Is Reckless Driving? Under California Vehicle Code Section 23103, reckless driving is driving a vehicle “in willful or wanton disregard for the safety of persons or property.” You can be charged with reckless driving on a highway, as well as in an off-street parking facility. Reckless driving is a misdemeanor and usually results in a fine. However, you may incur more severe…
Read MoreWhat Happens If Charges Are Dropped Before Trial?
What Happens If Charges Are Dropped Before Trial? If you are charged with a crime in California, you will face legal action from the state. However, not all hope is lost because charges in both misdemeanor and felony cases may be dropped. Only the prosecution side may decide to drop the charges, and the charges may be dropped before or after the prosecution files your case. To find out whether…
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