Your Constitutional Right to Confront Your Accuser in Court
Trevor Bauer: The Vague Line Between ‘Rough’ Sex & Sexual Assault
Trevor Bauer: The Vague Line Between ‘Rough’ Sex & Sexual Assault In recent news, Trevor Bauer has been accused of sexually assaulting a woman, with whom he was romantically involved. During a recent court hearing on July 23rd, a judge granted a temporary restraining order against Mr. Bauer. However, this is just the beginning of what is likely to be a very complicated legal matter to resolve. This article will…
Read MoreSan Fernando Valley Residents Convicted of a Crime May Be Eligible for Resentencing
San Fernando Valley Residents Convicted of a Crime May Be Eligible for Resentencing Effective December 8, 2020, the Los Angeles County District Attorney George Gascon created a new Resentencing Policy that will allow prisoners convicted of some serious crimes to qualify for resentencing. Under the new policy, up to 20,000 prisoners who were convicted of crimes in San Fernando Valley will be eligible for resentencing. The new directive is technical…
Read MoreAre you Eligible for Resentencing in LA County?
Are you Eligible for Resentencing in LA County? Effective December 8, 2020, the Los Angeles County District Attorney George Gascon created a new Resentencing Policy that will allow prisoners convicted of some serious crimes to qualify for resentencing. Under the new policy, up to 20,000 prisoners who were convicted of crimes in Los Angeles will be eligible for resentencing. The new directive is technical so please call us if you…
Read MoreCivil Harassment Restraining Orders
Civil Harassment Restraining Orders A Civil Harassment Restraining Order (CHRO) is a court order that helps to protect people from violence, threats of violence, serious harassment or stalking. It applies to strangers and people outside your immediate family or dating history. If you are related to the person harassing you, or if they are your husband, wife, girlfriend, boyfriend, ex-husband, ex-wife, ex-boyfriend, or ex-girlfriend, the law classifies such problems as…
Read MoreWhat is the Statute of Limitations for Child Molestation Charges?
What is the Statute of Limitations for Child Molestation Charges? Being accused of a sex crime can be a very emotionally difficult experience. The legal process is complicated, and the penalties you face if convicted are harsh and long-lasting. That is why California law attempts to protect people from false accusations. What is the statute of limitations? If there’s a lack of evidence against you, formal charges will not likely…
Read MoreWhat is a “No-Contest” Plea? | A Breakdown
What is a "No-Contest" Plea? | A Breakdown In California, the vast majority of criminal cases (most estimates put the number over 95%) are not resolved by taking the matter to trial. When a defendant in a courtroom proclaims “Not guilty” through defense counsel that begins a contested process where the final outcome is rarely rendered by a jury. The vast majority of cases are settled through a “plea agreement”. …
Read More3 Ways Murder Becomes a Federal Crime
3 Ways Murder Becomes a Federal Crime Murder is a crime specified under Federal statute, at 18 U.S.C. § 1111, as well as the California Penal Code, 187(a) PC. Typically, murders committed in California are prosecuted by the state, but there are three categories of notable exceptions. A murder may be prosecuted as a Federal crime if: The murder falls under the crimes enumerated under 18 U.S.C. Chapter 51 Homicide…
Read MoreSubpoenas Can Now Be Served Electronically
Subpoenas Can Now Be Served Electronically Witness Subpoenas California just made it easier for witnesses to be served with subpoenas. Prior to 2020, subpoenas had to be served either personally to the witness, or through the mail or messenger service. Starting in 2020, SB 471 makes it possible for a witness in a criminal case to be served by fax or electronically. If you have witnessed a crime, you may…
Read MoreOrange County Law Firm Will Offer Virtual Consultations Throughout the Duration of the COVID-19 Pandemic
Orange County Law Firm Will Offer Virtual Consultations Throughout the Duration of the COVID-19 Pandemic [TUSTIN, CA]: The offices of Wallin & Klarich will remain open to assist clients and potential new clients during the COVID-19 Coronavirus pandemic, in accordance with Mandated Safety Guidelines by the World Health Organization. To better serve our clients, Wallin & Klarich is now offering virtual consultations to encourage social distancing. How Can I Set…
Read MoreYour Constitutional Right to Confront Your Accuser in Court
Your Constitutional Right to Confront Your Accuser in Court State legislatures and prosecution lobbyists frequently find ways to have laws enacted that erode valuable constitutional rights. Not least among these rights is the Sixth Amendment's right to confront your accusers in open court. Minor in Court In California, current law (Penal Code § 1347) allows a trial court to order that the testimony of a minor may be had by…
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