Your Fourth Amendment Rights May Protect You From Government Intrusion When At Your Home
Your Fourth Amendment Rights May Protect You From Government Intrusion When At Your Home The Supreme Court ruled in a case upholding a citizen’s Fourth Amendment rights in a recent case of Lange vs California, in which police officers entered a person’s garage and cited him for driving while intoxicated. In the case, Lang was followed home by a California Highway Patrol officer because he was playing loud music on…
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IF SOCIAL WORKERS TAKE YOUR CHILD, CAN THE COURT DENY YOU ALL VISITATION WITH YOUR CHILD?
IF SOCIAL WORKERS TAKE YOUR CHILD, CAN THE COURT DENY YOU ALL VISITATION WITH YOUR CHILD? The sad answer to this question is YES that in some cases the court can issue an order that you be denied all visitation with your child. The general rule is that if your child is taken from you by a social worker the court must order visitation “unless doing so would jeopardize…
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WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION?
WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION? Penal Code §1001.36 allows the judge to grant diversion to a defendant, however, it is silent as to when the defendant must request they be placed in a diversion program. Generally, a diversion program is considered a pre-trial issue that can prevent the case from even going to trial. However, as recently as March 2, 2021, the Third District Court of Appeals determined…
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Why Should I Hire Wallin & Klarich If I Have Been Served With A Restraining Order?
Why Should I Hire Wallin & Klarich If I Have Been Served With A Restraining Order? If you have been served with a restraining order, it is imperative that you hire Wallin & Klarich to represent you. A restraining order can involve both civil and criminal action. You will need to go to court and testify against the petitioner of the protective order in front of a judge. This can…
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IF YOU ARE CURRENTLY ON PROBATION NEW LAW MAY ALLOW YOU TO SHORTEN OR GET OFF OR PROBATION NOW
IF YOU ARE CURRENTLY ON PROBATION A NEW LAW MAY ALLOW YOU TO SHORTEN OR GET OFF OR PROBATION NOW A new law went into effect on September 30th, 2020. Assembly Bill 1950 which amended Penal Code section 1203.1(a) which now states the maximum amount of time a person convicted of a felony can be placed on probation is 2 years (absent specific exceptions). Prior to this new law,…
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Charged with felony domestic violence and felony false imprisonment
Charged with felony domestic violence and felony false imprisonment One Wallin & Klarich client was charged with felony domestic violence (P.C. 273.5(a)) and felony false imprisonment (P.C. 236). It was alleged that the client prevented his spouse from leaving a room in their home by locking the door during a verbal argument and that the argument later escalated into a physical confrontation. The spouse suffered injuries and there were other…
Read MoreIF YOU PUNCH A COP YOU LIKELY WILL GO TO JAIL!!!
IF YOU PUNCH A COP YOU LIKELY WILL GO TO JAIL!!! Well, don’t because California Penal Code Section 243(b) makes punching a cop illegal. However, you can only be convicted of battery on a police officer if the following elements can be proven beyond a reasonable doubt: The officer was performing their duties as a peace officer. You willfully touched the police officer in a harmful or…
Read MoreEmbezzlement : Wallin & Klarich Client
Embezzlement : Wallin & Klarich Client Our Client was charged with felony embezzlement under Penal Code section 503 for allegedly stealing over $30,000 from her employer. This offense is a wobbler, meaning it can be charged as a misdemeanor or a felony. Misdemeanor Embezzlement When the value of the items stolen is less than $950.00, embezzlement is a misdemeanor. Misdemeanor embezzlement has a maximum of one year of unsupervised probation…
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Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like?
Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like? Domestic violence restraining orders may be filed by married or registered domestic partners, spouses, significant others, former spouses and significant others, and cohabitants. Children who are 12 years of age or older can file a restraining order on their own. Domestic violence restraining orders may also be filed by someone else on…
Read MoreWhen the Victim Does Not Want to Prosecute
When the Victim Does Not Want to Prosecute We hear it all the time from domestic violence clients, “The case should be dismissed because my wife/girlfriend/husband/boyfriend will not testify against me!” Unfortunately, that is simply not how it works. If the “alleged victim” does not wish to testify, the prosecution will attempt to call the police officer to testify as to what he/she said to the police officer on…
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