What Is “Reasonable Articulate Suspicion” | Traffic Stops
When Can I Use ‘Heat of Passion’ As A Defense In My Murder Case?
When Can I Use 'Heat of Passion' As A Defense In My Murder Case? Dealing with criminal charges can be scary, especially when your freedom is on the line. If you're in a situation where you need to defend yourself legally, it's important to know what you can do. In California, there's the "heat of passion" defense, and it could make a big difference in how your case turns out.…
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Never Talk To Someone In A Jail Cell With You As You May Be Talking To A Cop
Never Talk To Someone In A Jail Cell With You As You May Be Talking To A Cop People v. Felix The Miranda Rights are a critical component of the criminal justice process, designed to protect an individual's Fifth Amendment rights against self-incrimination. Stemming from the landmark 1966 U.S. Supreme Court case Miranda v. Arizona, these rights must be read by law enforcement officers to a suspect before questioning them in…
Read MoreDomestic Violence Restraining Orders | PC 273.6 Explained
Domestic Violence Restraining Orders | PC 273.6 Explained Domestic violence is a serious issue that affects many individuals and families across the world. In the state of California, domestic violence is defined as abuse or threats of abuse against an intimate partner, such as a spouse or ex-spouse, cohabitant, or someone with whom the abuser has had a dating relationship. This can also include abuse against a child or elderly…
Read MoreNavigating the Legal Maze: How to Find the Right Criminal Defense Attorney in Irvine, CA
Navigating the Legal Maze: How to Find the Right Criminal Defense Attorney in Irvine, CA So, you're looking for a criminal defense attorney in Irvine, California? You've come to the right place! First of all, let's talk about why finding the right attorney is so important. Criminal charges can have serious consequences, and having the right lawyer on your side can make all the difference. But how do you know…
Read MoreThe Ins and Outs of Criminal Appeals: When and How to Challenge Convictions
The Ins and Outs of Criminal Appeals: When and How to Challenge Convictions Appealing a criminal conviction is a legal process in which a defendant who has been found guilty of a crime in a court of law asks a higher ("appellate") court to review specific aspects of their case. The purpose of an appeal is not to rehear or retry the case, but to evaluate whether legal errors occurred…
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How Long Does The DA Have To File Charges In California?
How Long Does The DA Have To File Charges? In California, the District Attorney (DA) has a certain amount of time to file charges against someone who is suspected of committing a crime. This time period varies depending on the severity of the crime and other factors. If you are awaiting charges to be brought against you, you need an aggressive defense attorney on your side. Choosing Wallin & Klarich…
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What Crimes Require An Ankle Monitor In California?
What Crimes Require An Ankle Monitor? There are a variety of reasons that a court may issue an ankle monitor on someone. One of the most common is as an alternative way of sentencing. For those that qualify for this, instead of jail time, they will receive an ankle monitor to be worn. Other reasons for issuing an ankle monitor include pretrial release, probation. Additionally, in California, certain crimes require…
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Are There Open Carry Laws In California?
Are There Open Carry Laws In California? Wondering if you can openly carry a firearm? Prior to 2012, it was legal for anyone to carry an unloaded and unconcealed firearm in public. However, after the enactment of California Penal Code 26350 PC, it became illegal for anyone to openly carry a firearm in public. Choosing Wallin & Klarich to represent your case puts you in a better position to receive…
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California Knife Laws | What You Need To Know
California Knife Laws | What You Need To Know The regulations pertaining to the possession and carrying of knives in California can be intricate. While it is not universally unlawful to carry a knife, having any type of weapon on your person can heighten the likelihood of encountering legal issues with law enforcement. Even if you are ultimately determined to be acting lawfully, you may still undergo the inconvenience of…
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What Is “Reasonable Articulate Suspicion” | Traffic Stops
What Is “Reasonable Articulate Suspicion” When it comes to traffic stops, the Fourth Amendment of the United States Constitution protects drivers from unreasonable searches and seizures. However, police officers have been given broad authority when it comes to conducting traffic stops based on what is known as "reasonable articulate suspicion". In California, this means that an officer can stop a driver in certain circumstances if they have reasonable grounds to…
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