California's Assault Weapon Ban
California’s Assault Weapon Ban In late October, the U.S. Court of Appeals for the 9th Circuit ruled on California's "assault weapon" ban (Section 30605 of the Penal Code). The law, prohibiting assault weapon possession, allowed prosecutors to charge suspects with a misdemeanor or felony, carrying up to 3 years of imprisonment. Despite a previous injunction, the 9th Circuit has stayed it, allowing the law to remain in effect during the…
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Parris v. Christopher: How To Successfully Defend Yourself If You Are Facing A Domestic Violence Restraining Order Court Case
Parris v. Christopher: Defending Against Domestic Violence Restraining Order Cases A domestic violence restraining order (DVRO) is a type of restraining order issued to protect people, property, or pets. A DVRO is typically issued against a romantic partner, but it can also be issued against a family member. Having a DVRO issued against you can be a burden. A simple argument can escalade into a restraining order. However, in order…
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People v. Suazo | Second-Degree Murder: Implied Malice in Drunk Driving
People v. Suazo: Implied Malice in Drunk Driving Drinking and driving is a serious crime that carries hefty penalties in California. In California, penalties for driving under the influence are complex and take into account a variety of factors including: prior convictions, circumstances surrounding the incident, and the speed limit. The penalties can range from community service, fines, license suspension, and in some cases, jail time. However, in DUI incidents…
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People v. Pomar | You May Be Able To Prevent The Entire DA's Office From Prosecuting You
People v. Pomar | You May Be Able To Prevent The DA From Prosecuting You The concept of conflicts of interest is not new in the legal world. This is especially true in criminal trials where the stakes are high. A conflict of interest occurs when someone's personal interests or bias interferes with their ability to make impartial decisions that align with their professional obligations. However, as Pomar illustrates, one…
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Can You Appeal A Conviction Years Later?
How Long Do You Have to Appeal a Conviction? If you or someone you know has been convicted of a crime in the state of California, you only have a limited amount of time to file an appeal. In most cases, you have 60 days from your conviction to file an appeal. However, there are certain requirements that must be met and the appeals process can be complex. It is…
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How Does Bail Work? Posting Bail In Irvine, CA
How Does Bail Work? Posting Bail In Irvine, CA Posting bail is a critical part of the criminal justice process. In Irvine, California, this process can be complicated, so it is important to have an experienced defense attorney by your side as you navigate your way through the legal system. If you’re facing legal challenges, consider calling us to see how we can help. We have over 40 years of…
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Top 5 Things NOT To Do If You Have A Warrant For Your Arrest
Top 5 Things NOT To Do If You Have A Warrant For Your Arrest Each year, there are hundreds of thousands of warrants issued for a variety of crimes. Many people do not know what to do when there is a warrant out for their arrest. Doing the wrong things can lead to harsher consequences. If you have a warrant for your arrest, the most important thing to do is…
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New Federal Law That Would Increase The Penalty for Carjacking is Politically Motivated Says Wallin and Klarich Senior Partner Paul Wallin
A Republican-Sponsored Bill Would Block Early Prison Release for Federal Carjacking Offenders Carjacking is a serious crime that has caused growing concern among many communities in the United States. In recent years, carjacking cases have become increasingly common, making it a critical issue for legislators to address. To this end, US Senator Tom Cotton of Arkansas recently proposed legislation that would block federal prison inmates convicted of carjacking from being…
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When is Defense of Others a Valid Legal Defense to Criminal Charges?
When is Defense of Others a Valid Legal Defense to Criminal Charges? In California, it is legal to use force to defend another person. This means defense of another may be a valid legal defense to criminal charges such as assault or battery. However, certain elements must be true to be considered legal self defense. Those elements are: You reasonably believed that another person was in imminent danger of suffering…
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Can You Be Tried for the Same Criminal Charges More Than Once?
Can You Be Tried for the Same Criminal Charges More Than Once? Many people who are facing a criminal charge are told by their lawyer that if they go to a jury trial, they cannot be found guilty if just one out of the twelve jurors votes “not guilty.” While that statement is true, what persons accused of crimes do not realize is that the same is true for a…
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