Veteran Wins Appeal for Resentencing Under California Law
Veteran Wins Appeal for Resentencing Under California Law When you or a loved one is facing a lengthy prison sentence, it can feel like there is no hope for a second chance. But as the case of Eric Hayde shows, the law provides opportunities for resentencing — and having the right legal team on your side can make all the difference. Our experienced criminal defense attorneys at Wallin & Klarich…
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Setting Aside a Guilty Plea Due to Mental Unfitness: What You Need to Know
Setting Aside a Guilty Plea Due to Mental Unfitness: What You Need to Know Plea bargains are common practice in our legal system, but there are circumstances where a guilty plea might be deemed invalid or unjust. One such circumstance involves mental unfitness or impairment that prevented the defendant from fully understanding the consequences of their plea. Our skilled criminal defense attorneys at Wallin & Klarich can guide you through…
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Unlocking Second Chances: How Penal Code Section 1172.1 Can Lead to Resentencing
Unlocking Second Chances: How Penal Code Section 1172.1 Can Lead to Resentencing For individuals currently serving time in California prisons or jails, Penal Code Section 1172.1 offers a ray of hope. This groundbreaking legal provision enables a judge to revisit a defendant’s sentence and potentially resentence them for any number of reasons. These reasons can include changes in statutory or case law, as well as factors that were not adequately…
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Compassionate Release in California: A Comprehensive Guide
Compassionate Release in California: A Comprehensive Guide Compassionate release is a critical yet often misunderstood component of California’s legal system. Designed to provide relief to incarcerated individuals facing extraordinary circumstances, it offers a means for humanity to intersect with justice. But how does compassionate release work, who qualifies, and what challenges accompany the process? Whether you're an accused individual or someone advocating for a loved one, understanding the framework for…
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Navigating New Horizons in Justice: A Legal Insight into CA Prop 36 and Sentencing Evolution
Navigating New Horizons in Justice: A Legal Insight into CA Prop 36 and Sentencing Evolution The November 2024 election could bring significant changes to California's legal landscape, particularly for individuals facing criminal charges. Proposition 36, a major talking point in the legal community, aims to reform the state's sentencing laws. For those accused of crimes, understanding this proposition could provide critical insights into potential outcomes and strategies. This blog post…
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Waidla v. Davis: New Sentencing Hearing Due to Ineffective Assistance of Counsel
Waidla v. Davis: New Sentencing Hearing Due to Ineffective Assistance of Counsel In Waidla v. Davis, the defendant Tauno Waidla was sentenced to the death penalty for first-degree murder. His lawyer appealed his conviction by filing a petition for habeas corpus, but it was turned down by all of the state courts. However, Waidla refused to give up hope. He then had his lawyer file a writ to the federal…
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Can I Get My Prison Sentence Modified in California?
Can I Get My Prison Sentence Modified in California? If you or a loved one is convicted of a crime and sentenced to prison, it is important that you not lose hope. In some cases, it may be possible to modify your sentence so that you do not spend so much time in custody. However, you need to act immediately if you wish to have your sentence modified. Who is…
Read MoreSentence Modification: Can I Avoid Jail Time?
Sentence Modification: Can I Avoid Jail Time? Being convicted of a crime does not always mean that you will be required to serve time in jail. Serving a straight jail sentence can be very devastating, especially if you have a job or other obligations. Fortunately, there are alternative sentences that enable people who qualify to serve out their sentence without it interfering with their work schedule. The Work Release program…
Read MoreReducing felony convictions to misdemeanors – California Penal Code 17(b) PC
Reducing felony convictions to misdemeanors – California Penal Code 17(b) PC The judicial relief of reducing a felony conviction to a misdemeanor offers several benefits. Some of the most common include: (a) being able to say honestly that you have never been convicted of a felony (which is important for job, housing, and loan applications), (b) obtaining or maintaining professional licenses, (c) regaining the right to serve on a jury,…
Read MoreHow Do I Modify My Criminal Sentence?
How Do I Modify My Criminal Sentence? There are several ways to modify or correct a criminal sentence. The trial court may, without recalling a criminal sentence, modify or correct only clerical errors in a judgment. A clerical error occurs when an error is made while recording the judgment rendered by the trial court. To be characterized as clerical, an error must not be reasonably attributed to the exercise of…
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