How to Avoid Paying Restitution
What Is Restitution? Avoid paying restitution As authorized under California Penal Code Section 1202.4, many criminal cases require a guilty defendant to pay restitution to the victim. Restitution is a penalty that is used to compensate the victim for any property damage, medical expenses, or other financial harms they suffered as a result of the crime. In California, there is no maximum amount that a judge can order for restitution,…
Read MoreHow Long Can You Be Held Without Bail?
What Is Bail? Bail After a defendant has been charged with a crime and taken into custody, the court will set a bail amount. Bail is money or property that is posted with the court in order to be released from jail before trial. This money ensures that the defendant will show up for mandatory court appointments. If the defendant fails to appear, the bail can be forfeited. What Is…
Read MoreWhat Happens in a Hung Jury?
What Is a Hung Jury? In most jurisdictions, a unanimous jury decision is required for a verdict to be given, meaning all jurors must agree on whether the defendant is guilty or not. A hung jury, also known as a deadlocked jury, is a jury whose members are unable to agree on a verdict of guilty or not guilty. What Happens in a Hung Jury? If there is a hung…
Read MoreWhat Are Sex Offenders Prohibited from Doing?
What Are Sex Offenders Prohibited from Doing? California enforces strict laws regarding sex crimes and imposes serious penalties for violators. A sex crime conviction may hold negative impacts on many areas of one's life, in addition to having serious legal repercussions. Specifically, sex offender registration may wreak havoc on your personal and professional life and prevent you from doing many of the things you used to enjoy. The best way…
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5 Things You Can’t Do If You Have a Warrant for Your Arrest
5 Things You Can’t Do If You Have a Warrant for Your Arrest In southern California, an arrest warrant authorizes police officers to arrest and detain you for a suspected crime. A warrant for your arrest in California can seriously limit your freedom, preventing you from performing everyday tasks. Whether it’s an arrest warrant for a felony or misdemeanor or a bench warrant for a probation violation, you may be…
Read MoreWhat is the Minimum Sentence for Child Molesters Under California Penal Code 647.6 PC
What is the Minimum Sentence for Child Molesters Under California Penal Code 647.6 PC If you have been accused or charged with child molestation, chances are you are worried about the impact a child molestation conviction could have on your life and what is the minimum sentence for child molesters in California. The skilled attorneys at Wallin & Klarich have been successfully defending clients facing child molestation charges for more…
Read MoreIs Spanking a Child Illegal in California?
Is Spanking a Child Illegal in California? Under California law, spanking your child, or using some other reasonable form of corporal punishment, isn't necessarily illegal. However, physical punishment inflicted on a child should not be excessive and cause injury. If the punishment you inflict causes injury to your child, there is a good chance that you could be charged with child abuse under PC 273d of the California Penal Code.…
Read MoreHow Long After Being Molested Can You Press Charges in California?
How Long After Being Molested Can You Press Charges in California? A statute of limitations determines the timeline for criminal charges to be brought against the perpetrator of a crime. Although the statute of limitations will often vary from crime to crime, charges for child molestation will typically have a considerably longer statute of limitations window compared to other criminal offenses. That makes it possible for charges to be filed…
Read MorePeople v. Avalos: Conviction Reversed Due to Miranda Violation
People v. Avalos: Conviction Reversed Due to Miranda Violation By law, a police officer must read you your rights when you are arrested. This is called a “Miranda warning” and consists of the following statements: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney,…
Read MorePeople v. Ware: Specific Intent to Kill Required for Murder Conviction
People v. Ware: Specific Intent to Kill Required for Murder Conviction In the case of People v. Ware, the Supreme Court of California held that there must be evidence of a specific intent to kill in order for a defendant to be convicted of murder. Even if there is evidence for conspiracy to commit murder, this is not enough unless the prosecution can prove intent. If you or your loved…
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