Loose Marijuana in Your Car Does Not Automatically Justify a Search: What Sellers v. Superior Court Means for Your Case
Loose Marijuana in Your Car Does Not Automatically Justify a Search: What Sellers v. Superior Court Means for Your Case When voters approved recreational marijuana in California, they did not authorize unlimited vehicle searches. In Sellers v. Superior Court (People), the California Supreme Court made that clear—and the decision has important implications for anyone facing gun or drug charges after a traffic stop. At Wallin & Klarich, our experienced criminal…
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People v. Zapata: When Do Police Violate Your Rights After You Ask for a Lawyer?
People v. Zapata: When Do Police Violate Your Rights After You Ask for a Lawyer? If you are under arrest and tell law enforcement, “I want to speak to a lawyer,” that statement carries enormous legal weight. Police officers are required to stop custodial interrogation once you clearly invoke your right to counsel. In People v. Zapata, the California Court of Appeal made it clear: law enforcement cannot sidestep your…
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Court Rules Public Defenders May Decline Racial Justice Act Habeas Cases: What Accused Individuals Need to Know
Court Rules Public Defenders May Decline Racial Justice Act Habeas Cases: What Accused Individuals Need to Know A recent published decision from the California Fourth District Court of Appeal has clarified an important—and often confusing—issue for accused individuals seeking postconviction relief under the California Racial Justice Act (RJA): county public defenders cannot be forced to represent inmates in RJA habeas proceedings. This ruling may significantly affect how RJA claims are…
Read MoreHeld Too Long, Case Thrown Out: Why Benavides v. Superior Court Reinforces California’s 10-Day Rule
Held Too Long, Case Thrown Out: Why Benavides v. Superior Court Reinforces California’s 10-Day Rule When an accused individual is sitting in jail waiting for a preliminary hearing, California law imposes strict deadlines on the prosecution. Those deadlines are not suggestions. They are mandatory—and when they are violated, the case must be dismissed. That is exactly what the Court of Appeal reaffirmed in Benavides v. Superior Court (People), a recent…
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Bail in California: The Law Presumes Release — Not Jail
Bail in California: The Law Presumes Release — Not Jail If you or a loved one has been arrested in California, one of the most frightening moments often comes after the arrest — learning that bail has been set at an amount that makes release impossible. Many families assume there is nothing that can be done. That is simply not true. Under California law, pretrial release is the rule —…
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When Can a Minor Be Tried as an Adult in California?
When Can a Minor Be Tried as an Adult in California? Did you know that in certain circumstances, minors can be tried as adults in California? Understanding California's laws about when and how minors can be transferred to adult court is important for any family facing this situation. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free…
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When a Court Ignores Mental Health Experts: How Siam v. Superior Court (People)Strengthens Mental Health Diversion Rights in California
When a Court Ignores Mental Health Experts: How Siam v. Superior Court (People) Strengthens Mental Health Diversion Rights in California California’s mental health diversion law, Penal Code section 1001.36, was created to give individuals with qualifying mental health conditions an opportunity for treatment instead of incarceration. The law reflects a clear legislative preference for rehabilitation over punishment when mental illness plays a role in criminal conduct. However, as the recent…
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DUI Second-Degree Murder: Understanding California's Watson Murder Rule
DUI Second-Degree Murder: Understanding California's Watson Murder Rule The recent conviction of a man for second-degree murder following a fatal DUI crash in Santa Ana serves as a reminder of how driving under the influence can transform into a murder charge under California law. This case exemplifies the serious consequences defendants face when they drive impaired after receiving a Watson admonishment during a prior DUI conviction. Our experienced criminal defense…
Read MoreRacially 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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Arrested After an Online Sting? A California Court Just Reversed a Conviction Based on Mistake of Age
Arrested After an Online Sting? A California Court Just Reversed a Conviction Based on Mistake of Age Being accused of an online sex offense involving a minor can feel overwhelming and frightening—especially when law enforcement claims the case is “open and shut.” But a critical California appellate decision, People v. Ismaiel, proves that what you actually believed matters, even if prosecutors say your belief was “unreasonable.” This case is important…
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