Racially Charged Police Remarks Can Open the Door to a New Hearing—and Possibly a Reversed Conviction
Racially Charged Police Remarks Can Open the Door to a New Hearing—and Possibly a Reversed Conviction When police officers allow racial bias to influence their decisions, the consequences can extend far beyond an unlawful stop or an improper search. Under California’s Racial Justice Act (RJA), racially charged remarks—whether spoken during a traffic stop or written into a police report—can form the basis for meaningful postconviction relief, including a new evidentiary…
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If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed
If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed If you've been convicted of a crime in California, you might think your legal battle is over. But what if the judge and prosecutor were communicating about your case behind closed doors—without you or your attorney knowing? This type of ex parte communication is…
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The Court Cannot Take Legal Custody Away From Father Of Child Even If He Is In Prison If He Has Created A Proper Care Plan For His Children
The Court Cannot Take Legal Custody Away From Father Of Child Even If He Is In Prison If He Has Created A Proper Care Plan For His Children California law is clear: a parent’s incarceration alone does not justify removing their child from their custody if that parent has taken responsible steps to ensure the child is safe and cared for. A recent Court of Appeal decision highlights this important…
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When the Prosecutor Screws Up You Need to Hire an Experienced Criminal Defense Lawyer to Help You Get Your Loved One Out of Prison
When the Prosecutor Screws Up You Need to Hire an Experienced Criminal Defense Lawyer to Help You Get Your Loved One Out of Prison Imagine spending more than four decades behind bars for a crime you did not commit, only to discover that key evidence in your case had been hidden from the defense. That’s exactly what happened to Guy Scott, who was recently released from prison after 44 years…
Read MoreYour Right to Legal Counsel: Protections for Defendants Seeking to Withdraw Pleas Due to Immigration Consequences
Your Right to Legal Counsel: Protections for Defendants Seeking to Withdraw Pleas Due to Immigration Consequences When facing criminal charges, one of the most fundamental rights protected by the Constitution is the right to legal counsel. This right becomes even more critical when defendants later discover that their guilty pleas carry severe immigration consequences they were never warned about. Our experienced criminal defense attorneys at Wallin & Klarich can guide…
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Court Upholds Controversial Jailhouse Sting Operation: What Police Can (and Cannot) Do Before Questioning You
Court Upholds Controversial Jailhouse Sting Operation: What Police Can (and Cannot) Do Before Questioning You When you are accused of a crime, law enforcement will often use every tactic available to get you to talk — even before your first formal interrogation. A recent California Court of Appeals case, People v. Michael Leslie Goehner, highlights a troubling issue: what the police can and cannot do before questioning a defendant who…
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Appeals Court Allows Man to Withdraw Guilty Plea After Lawyer Failed to Explain Immigration Consequences
Appeals Court Allows Man to Withdraw Guilty Plea After Lawyer Failed to Explain Immigration Consequences At Wallin & Klarich, we know how devastating it can be when a guilty plea leads to unexpected immigration consequences. Recently, a man won his appeal after the court found that his original attorney failed to properly advise him about the risk of deportation before pleading guilty to a felony. Our experienced criminal defense attorneys…
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It May Not Be Too Late to Appeal Your Criminal Conviction
It May Not Be Too Late to Appeal Your Criminal Conviction At Wallin & Klarich, we’ve represented thousands of clients who feared their criminal case was over after a conviction. Many of them asked: Is it too late to appeal? The truth is, as the recent reversal in the Etan Patz case shows—sometimes, it’s not too late at all. Our experienced criminal defense attorneys at Wallin & Klarich can guide…
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Even in the Most Serious Sex Crime Cases, the Law Still Controls
Even in the Most Serious Sex Crime Cases, the Law Still Controls When someone is convicted of a serious sex crime — especially one involving a child — it’s natural to assume the courts will impose the harshest penalties available. But even in these emotionally charged cases, California law sets clear limits, and courts must follow those limits. This principle was put to the test in the case of Mark…
Read MoreCan a DUI Lead to Losing Custody of Your Child?
Can a DUI Lead to Losing Custody of Your Child? When most people think about DUI penalties, they focus on the immediate consequences: jail time, fines, license suspension, and increased insurance rates. However, there's a devastating consequence that many parents don't consider until it's too late—the loss of custody of their children. A DUI conviction, especially one involving a child passenger, can trigger dependency proceedings that may result in losing…
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