DNA Testing Evidence Allowed if Identity is a Critical Issue – PC Section 1405

DNA Testing Evidence Allowed if Identity is a Critical Issue – PC Section 1405 Recently, the California Court of Appeals ruled that DNA testing evidence left at the crime scene by a defendant may be performed if the perpetrator’s identity is a critical issue and there is a “reasonable probability” the verdict would be more favorable had the DNA testing been performed. Jointer v. Superior Court and DNA Testing Evidence…

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I Am Being Accused of Lewd Acts in Public – PC 647(a)

I Am Being Accused of Lewd Acts in Public – PC 647(a) Penal Code 647(a) aims to punish an individual who: “Solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” This means that it is illegal to commit “deviant” conduct in public, or to ask another person to do…

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I Was Arrested For Sexual Assault In Newport Beach (PC 243.4)

If you are convicted for sexual assault in Newport Beach under California Penal Code section 243.4, the court will require you to register as a sex offender under California Penal Code section 290. Registering as a sex offender would change your life profoundly. To avoid this life-changing consequence, it is crucial that you hire an experienced Newport Beach Wallin & Klarich Sexual Assault Defense Attorney to represent you in your…

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I Am Falsely Accused of Sexual Assault in San Bernardino – PC 243.4

Under California Penal Code section 243.4, it is illegal to touch an intimate part of another person against his or her will for the purpose of sexual arousal, sexual gratification or sexual abuse. If you are being falsely accused of sexual assault in San Bernardino, there are a number of defenses available that could result in a dismissal of your charge. Here are some successful defenses that your San Bernardino…

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Punishment For Gross Vehicular Manslaughter in Orange County (PC 191.5)

Punishment For Gross Vehicular Manslaughter in Orange County (PC 191.5) Under California Penal Code section 191.5, gross vehicular manslaughter  is the unlawful killing of a human being resulting from driving while intoxicated without premeditation or malice aforethought. This crime is always charged as a felony and the punishment is severe. If you or a loved one is facing allegations of gross vehicular manslaughter in Orange County it is imperative that…

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Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632)

Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632) The answer is NO in most circumstances. Under Penal Code Section 632, enacted under the California Invasion of Privacy Act, makes it illegal for an individual to monitor or record a "confidential communication" whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone,…

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Wallin & Klarich Can Help Get Your Name Removed From The Megan’s Law Website (CPC 290.46)

Wallin & Klarich Can Help Get Your Name Removed From The Megan’s Law Website (CPC 290.46) California Penal Code Section 290.46, known as Megan’s Law, requires the California Department of Justice to maintain an internet website that posts information about California registered sex offenders. This website allows the public to easily access information about you if you are a registered sex offender including your name, home address, the sex crime…

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Can I Face Charges Of Negligent Discharge Of A Firearm By Firing My Handgun Into The Sky?

Can I Face Charges Of Negligent Discharge Of A Firearm By Firing My Handgun Into The Sky? The answer is yes. In fact law enforcement all over Southern California is on high alert for this weekend because of so many such incidents in recent years. The fear is that falling ammunition can seriously injure or kill people because of the velocity of the spent rounds. Penal Code 246.3 PC, California's…

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Federal Courts Cannot Restrict A Convicted Sex Offender From Seeing His Own Children

Federal Courts Cannot Restrict A Convicted Sex Offender From Seeing His Own Children Neither the Court nor Probation can prohibit you from access to your own children without justified reason to do so.  In this day and age, Courts and Probation officers bend over backwards to restrict convicted sex offenders from being around children – any children – even their own; regardless of whether the underlying conviction or crime had…

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What is the Watson Murder rule?

What is the Watson Murder rule? In California, if you have been convicted of a DUI in the past and then caused the death of another person in a subsequent DUI-related incident then you can be charged with murder and face a minimum of 15 years to life in prison. This situation is known as a “Watson Murder,” originated with the case of People v. Watson, where a defendant had…

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