People v. Reynoza: Dissuading A Witness
People v. Reynoza: Dissuading A Witness Many people find themselves charged with improper crimes due to the prosecutor misconstruing or attempting to broaden the definition of certain legal language to convict someone of something when they are grasping at straws to find a sufficient charge. The case of People v. Reynoza is such a case where a defendant in a firearms possession case who had already been charged was…
Read MoreThree Very Important Things to Remember for Your Restraining Order Hearing
Three Very Important Things to Remember for Your Restraining Order Hearing 1. A respondent must be served with the restraining order documents. The first thing that a petitioner must do after filing the appropriate paperwork with the courthouse is arrange to have the respondent served. Service means that the respondent has been provided a copy of all the documents that have been filed with the court. The reason a respondent…
Read MoreMan Charged With Vehicular Homicide After Starting Chain-Reaction Of Collisions
Being involved in a fatal accident is a serious matter. Depending on the circumstances you can be charged with vehicular homicide as a misdemeanor, as a felony, or a more serious charge such as second-degree murder. If you are convicted of any of these charges you can spend a significant amount of time in jail. Recently, an Orange County jury found a 26-year-old Las Vegas man guilty of second-degree murder…
Read More
BIG Break For Those Facing Serious Jail Time In California
BIG Break For Those Facing Serious Jail Time In California Governor of California signs new law allowing judges to dramatically lower potential sentences for those facing serious crimes A new law signed into law by Governor Newsom (Senate Bill 81) mandates judges to dismiss certain sentence enhancements if the court finds that it is in the interest of justice to do so. District Attorneys regularly file “enhancements which are capable…
Read More
I am charged with a felony. Can Wallin & Klarich help me get mental health diversion?
I am charged with a felony. Can Wallin & Klarich help me get mental health diversion? Some people will be surprised to find out that most felony and misdemeanor charges are eligible for mental health diversion. Yes, this even includes crimes involving so-called strike enhancements! As of June 27, 2018, criminal defendants suffering from recognized mental conditions (i.e. depression, PTSD, anxiety, etc.) could have their criminal charges dismissed upon successful…
Read More
Could Be Convicted Of A Serious Felony In Some Cases Even If The Witness Who Identified You Doesn’t Testify At Trial
Could Be Convicted Of A Serious Felony In Some Cases Even If The Witness Who Identified You Doesn’t Testify At Trial You might be wondering “how is it possible that you or a loved one could be convicted of a crime such as a robbery, even when the witness who said you confessed to the crime doesn’t testify at your trial?” When you go to law school one of the…
Read More
People vs. Nieves: Death Penalty Sentence Overturned
People vs. Nieves: Death Penalty Sentence Overturned In an opinion issued May 3rd, 2021 the California Supreme Court overturned the death sentence of a mother who was convicted of killing her 4 children due to misconduct by the court during the penalty phase of the case. The Guilt Phase and The Penalty Phase The United States Supreme Court has set a two-step procedure for death penalty cases where the jury…
Read More
District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of Mind
District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of Mind Upon being charged with a crime, it is a common tactic for the District Attorney (DA) to request that the bail be set at maximum or raised, which often requires you to stay in jail for a prolonged period of time. Luckily, hiring an experienced defense attorney can greatly…
Read More
New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused
New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused For years, persons facing a strike crime in California as an adult could be facing 25 years to life if the prosecutor could prove that the person had 2 prior strikes. Until now, one or both of the prior strikes could have been convictions that the person pleads…
Read More
Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case
Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case Negotiating favorable plea deals is an artform. The defense attorney must balance the interests and desires of their client while navigating the realities of the facts of the case and the evidence at hand. Each type of criminal offense has a specific strategy a defense attorney must utilize to obtain the best possible plea deal. For example, we…
Read More