Can You Be Convicted of Murder Even If You Were Not Driving at the Time of the Collision?
Can You Be Convicted of Murder Even If You Were Not Driving at the Time of the Collision? The answer is YES. A recent California Court of Appeal decision makes clear that you can be convicted of murder—even if you were not driving your vehicle at the exact moment a fatal crash occurred—if your actions while driving under the influence directly led to someone’s death. In People v. Nevarez, the…
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Charged with Watson Murder? Why You Need an Experienced Criminal Defense Attorney
Charged with Watson Murder? Why You Need an Experienced Criminal Defense Attorney In California, prosecutors can file second-degree murder charges against drivers involved in fatal crashes — even if they never meant to hurt anyone. This type of case, known as a Watson murder, is based on the 1981 California Supreme Court decision in People v. Watson. Since that case, prosecutors have used the Watson rule to pursue murder charges…
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What You Need to Know About Pitchess Motions in California
What You Need to Know About Pitchess Motions in California When you are facing criminal charges in California, your defense often comes down to credibility. Police officers are usually the main witnesses for the prosecution, and their testimony carries a lot of weight with judges and juries. But what happens if the officer who arrested you has a history of misconduct? How can you uncover that information to strengthen your…
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Orange County Man Faces Life Sentence for Threatening Judge: Understanding California’s Criminal Threat Laws
Orange County Man Faces Life Sentence for Threatening Judge: Understanding California's Criminal Threat Laws A recent case out of Orange County serves as a reminder of how seriously California treats criminal threats—even when no physical harm occurs. This case illustrates the severe consequences that can result from a moment of anger or frustration, particularly for those with prior convictions under California's Three Strikes law. Our experienced criminal defense attorneys at…
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Veterans in California May Qualify for Military Diversion Without Proving Their Service Directly Caused the Offense
Veterans in California May Qualify for Military Diversion Without Proving Their Service Directly Caused the Offense In a recent Orange County case, a Marine Corps veteran was charged with four misdemeanor DUI offenses after a traffic stop. He applied for military diversion under California Penal Code §1001.80, which allows current and former service members to receive treatment instead of facing criminal punishment. The veteran submitted strong evidence, including discharge papers,…
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The Court Cannot Take Legal Custody Away From Father Of Child Even If He Is In Prison If He Has Created A Proper Care Plan For His Children
The Court Cannot Take Legal Custody Away From Father Of Child Even If He Is In Prison If He Has Created A Proper Care Plan For His Children California law is clear: a parent’s incarceration alone does not justify removing their child from their custody if that parent has taken responsible steps to ensure the child is safe and cared for. A recent Court of Appeal decision highlights this important…
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When the Prosecutor Screws Up You Need to Hire an Experienced Criminal Defense Lawyer to Help You Get Your Loved One Out of Prison
When the Prosecutor Screws Up You Need to Hire an Experienced Criminal Defense Lawyer to Help You Get Your Loved One Out of Prison Imagine spending more than four decades behind bars for a crime you did not commit, only to discover that key evidence in your case had been hidden from the defense. That’s exactly what happened to Guy Scott, who was recently released from prison after 44 years…
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California Supreme Court Overturns Death Sentence in Orange County Case Due to Gang Law Changes
California Supreme Court Overturns Death Sentence in Orange County Case Due to Gang Law Changes The California Supreme Court recently overturned the death sentence of a man convicted of murder and attempted murder in Orange County, citing changes in California’s gang laws. While the convictions for murder and attempted murder remain, the death penalty and gang-related findings were reversed, and the case has been sent back for retrial on the…
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Things To Know When Facing A DUI Trial: Implied Consent in California
Things To Know When Facing A DUI Trial: Implied Consent in California If you've been arrested for driving under the influence (DUI) in California, you may have heard the term "implied consent". Understanding what implied consent means and how it affects your case is extremely important for anyone facing DUI charges. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin &…
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Civil vs. Criminal Cases: What Happens When They Collide?
Civil vs. Criminal Cases: What Happens When They Collide? When you are accused of a crime, the nightmare doesn’t always stop in criminal court. The same conduct can also trigger a civil lawsuit—a situation known as parallel proceedings. At Wallin & Klarich, we want you to understand how these two very different systems work, and more importantly, how they can impact your future. Our experienced criminal defense attorneys at Wallin…
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