Should I Hire an Attorney or Represent Myself?
We have many choices in life but when it comes to criminal defense, divorce, family law, custody of the children, and child support, the choice you make about representation can be the difference in winning and losing your case. Hiring an experienced attorney can provide you the valuable advice needed from a professional that can make all the difference in the world. One way to find out if an office…
Read MoreViolation of Sex Offender Registration Overturned After Prosecution Could Not Prove that the Defendant Remained in California – California Penal Code Section 290
Violation of Sex Offender Registration Overturned After Prosecution Could Not Prove that the Defendant Remained in California - California Penal Code Section 290 A recent California Appeals Court decision, People v. Wallace, held that the prosecution must prove that the defendant remained in California after failing to register a new address. The Defendant (Wallace) was a convicted sex offender and was required to register as a sex offender as long…
Read MoreHow to Defend a Felony Case, Part 10: Trial
How to Defend a Felony Case, Part 10: Trial Part 9: Motion to Dismiss the Information or Indictment The tenth step in a felony case is the trial itself. If the case has not been resolved, you have a right to have a trial by a jury of your peers where the prosecutor will have to convince all twelve jurors that you are guilty of all of the charges beyond…
Read MoreHow to Defend a Felony Case, Part 9: Motion to Dismiss the Information or Indictment, California Penal Code Section 995
How to Defend a Felony Case, Part 9: Motion to Dismiss the Information or Indictment, California Penal Code Section 995 Part 8: Preliminary Hearing The ninth step involves a motion called a 995 and trial preparation. Your lawyer need not bring a 995 motion. Your lawyer will file a 955 motion when he wants to ask the judge to dismiss the case against you. This will only happen if the…
Read MoreHow to Defend a Felony Case, Part 8: Preliminary Hearing, California Penal Code Section 738
How to Defend a Felony Case, Part 8: Preliminary Hearing, California Penal Code Section 738 Part 7: Follow Through The eighth step in defending a felony charge is the preliminary hearing. The preliminary hearing occurs when the case has not been resolved at the readiness conferences because the prosecutors would not dismiss the charges and the client would not plead guilty. The preliminary hearing is like a mini trial, without…
Read MoreHow to Defend a Felony Case, Part 7: Follow Through
How to Defend a Felony Case, Part 7: Follow Through Part 6: Pretrial Conference At Wallin & Klarich, we have defended thousands of people in southern California against felony charges. The seventh step in defending a felony charge is the follow up stage. This includes the previous efforts of fact-finding and character-building, along with another readiness conference. It basically entails all work that has not yet been completed, but that…
Read MoreHow to Defend a Felony Case, Part 6: Pretrial Conference
How to Defend a Felony Case, Part 6: Pretrial Conference Part 5: Character Building: Defend the person not just the crime At Wallin & Klarich, we have defended thousands of people in southern California against felony charges. One of the questions we are frequently asked is what an attorney can do to defend them against felony charges. We have already discussed the first few steps in defending a criminal felony…
Read MoreHow to Defend a Felony Case, Part 4: Fact-Finding, Building a Defense to Your Case
How to Defend a Felony Case, Part 4: Fact-Finding, Building a Defense to Your Case Part 3: Bail Review Hearing The fourth step in defending a felony charge is the fact-finding stage. This part may involve a lot of work. It is your lawyer’s job to find out what evidence the prosecutors have against you, and then to determine how strong or how weak that evidence is. For example, if…
Read MoreHow to Defend a Felony Case, Part 1: Pre-Filing
How to Defend a Felony Case, Part 1: Pre-Filing At Wallin & Klarich, we have defended thousands of people in southern California against felony charges. Many of our clients find us through our website. One of the questions we are frequently asked is what an attorney can do to defend them against felony charges. In this guide, you will learn a lot about the procedure involved in defending a criminal…
Read MorePleading the Fifth: How the Tactic is Often Used against Defendants
Pleading the Fifth: How the Tactic is Often Used against Defendants We have all seen the movies where the defendant gets on the stand and asserts their Fifth Amendment right against self incrimination. Often, this tactic is wisely employed by the defendant’s attorney so as to avoid loose and complex examination by the prosecutor that could be used elicit incriminating statements. However, prosecutors recently have tried to use this tactic…
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