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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Pretrial Detention: When Time in Custody Becomes a Sentence
Pretrial Detention: When Time in Custody Becomes a Sentence Imagine being accused of a crime but unable to afford bail. Now, picture spending weeks, months, or even years in custody waiting for a trial that might prove your innocence. For many, this is reality. Pretrial detention, which keeps individuals in custody before their trial begins, impacts those unable to afford bail disproportionately. While meant as a safeguard to ensure court…
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Understanding “Upper Term” Sentencing and Unproven Aggravating Factors
Understanding "Upper Term" Sentencing and Unproven Aggravating Factors When facing criminal charges, accused individuals contend with immense emotional, mental, and financial stress. Adding to this stress is not knowing how long a potential sentence will be due to a judge’s sentencing. Among these complexities lies the concept of “upper term” sentencing—a practice that can significantly increase the penalties faced by someone convicted of a crime. This article sheds light on…
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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…
Read MoreFederal Sentencing Enhancements for Child Pornography Cases
Federal Sentencing Enhancements for Child Pornography Cases The legal landscape of federal sentencing enhancements for child pornography cases is complex and often controversial. These enhancements are designed to impose more severe penalties on individuals convicted of such offenses. This blog aims to explain these enhancements, explain their legal foundations, and examine a recent relevant case. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal…
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How The Newly Passed California Proposition 36 Will Impact Repeat Offenders
How The Newly Passed California Proposition 36 Will Impact Repeat Offenders The measures in Prop 36 aimed to intensify penalties for repeat offenses, especially in theft and drug-related cases, are likely to disproportionately affect Black and Latino communities and economically disadvantaged individuals. These sentencing enhancements effectively penalize individuals twice—first for the original offense and then with mandatory extra years of imprisonment. Prop 36 will sustain a system that strains our…
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It May Not Be Too Late To Challenge Your Prior Criminal Conviction and Sentence
It May Not Be Too Late To Challenge Your Prior Criminal Conviction and Sentence If you or a loved one was found guilty by a jury or plead guilty to a serious felony, it may not be too late to challenge that conviction and prison sentence. If you are seeking legal guidance as to whether you or a loved one may be able to challenge the outcome in their criminal…
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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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