Attempting to Dissuade a Witness from Testifying Against You is a Crime (PC 136.1)
Attempting to Dissuade a Witness from Testifying Against You is a Crime (PC 136.1) It makes sense to want to avoid consequences for inappropriate behavior, particularly when facing the severe punishment that comes from a criminal conviction. However, dissuading or attempting to dissuade a witness or a victim of a crime not to testify, under certain circumstances you can be held criminally liable and prosecuted under California law. Pursuant to…
Read MoreA Person with a Low IQ Cannot Waive His or Her Right to Jury Trial
A Person with a Low IQ Cannot Waive His or Her Right to Jury Trial The rules of court in a criminal proceeding require that a defendant who waives his or her right to a jury trial may only do so if certain conditions are met. However, a person with a low I.Q. cannot waive his or her right to a jury trial. Our attorneys at Wallin & Klarich want…
Read MoreConsequences of Committing Perjury in San Bernardino (Penal Code Section 118)
Consequences of Committing Perjury in San Bernardino (Penal Code Section 118) Pursuant to Penal Code Section 118, you commit perjury in San Bernardino if you willfully and while under oath state as true any material matter which you know to be false. The law applies to every person who testifies, declares, deposes or certifies under penalty of perjury of the laws of the state of California. The prosecution bears the…
Read MoreIdentity Theft Punishment: What are the consequences of I.D. theft ?
Identity Theft Punishment in California Identity theft and computer crime are typically prosecuted as fraud in California, and both offenses are usually “wobblers” – meaning the prosecutor has the option of charging you with a misdemeanor or a felony depending on: The circumstances of the offense; and Your criminal background. You could face up to one year in jail and/or a maximum $5000 fine if you are convicted of misdemeanor…
Read MoreThe Felony Murder Rule: How a Dangerous Felony Can Turn into Murder Charges - Penal Code Section 189
The Felony Murder Rule: How a Dangerous Felony Can Turn into Murder Charges - Penal Code Section 189 California law describes murder as the intentional and malicious killing of another person or unborn child (Penal Code Section 187). However, committing certain crimes that result in a killing, even accidentally, can elevate the charges against you to murder. This is what is known as the “felony murder rule." Felony murder, unlike…
Read MoreWhy Can’t Criminal Defense Attorneys Tape Witness Statements without Consent while Cops Can?
Why Can’t Criminal Defense Attorneys Tape Witness Statements without Consent while Cops Can? For years, it has been deemed legal by our courts to permit law enforcement to tape conversations with suspects and witnesses without their knowledge. Those tape recordings are used by prosecutors on a regular basis in their attempt to obtain convictions. However, criminal defense attorneys who are fighting for justice and doing all they can to see…
Read MoreHow Sexual Battery Charges Affect Your College Career – Penal Code Section 243.4
How Sexual Battery Charges Affect Your College Career – Penal Code Section 243.4 College football fans in Tallahassee, Fla. are rejoicing today knowing that Jameis Winston, star quarterback of the top-ranked Florida State Seminoles and favorite to win the Heisman Trophy, won’t have to face sexual assault charges. His college career remains unaffected and he is on track to play in the biggest college football game of the year, the…
Read MoreNew Law Prohibits Asking About Criminal Convictions on State Job Applications
New Law Prohibits Asking About Criminal Convictions on State Job Applications On Oct. 11, California Governor Jerry Brown signed Assembly Bill 218 clarifying what the government can ask you on state and local government job applications. With this newly signed law, California joins nine other states with similar legislation. Essentially, AB 218 prohibits state and local agencies from asking about criminal convictions on state job applications. The law bans state…
Read MoreDrug Treatment under Proposition 36 may still be Available after Previous Failures in California - PC 1201.1
Drug Treatment under Proposition 36 may still be Available after Previous Failures in California - PC 1201.1 In a recent California Court of Appeal case that should be of interest to anyone who has previously failed to complete drug treatment under Proposition 36 “Drug Treatment” laws¹, the court held that prior refusals to complete treatment does not disqualify eligibility in a future case. People v. Juhasz, California Court of Appeal,…
Read MoreMan Escapes Guilty Verdict after Involvement in Major Copyright Infringement Scheme
Man Escapes Guilty Verdict after Involvement in Major Copyright Infringement Scheme In the summer of 2003, owner of Super DVD, Julius Liu, was convicted of copyright infringement and trafficking in counterfeit labels. Liu’s company was involved in commercially replicating DVDs and CDs for various clients on a very large scale. While Liu was replicating these works, he was under the impression that all of his clients had permission from the…
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