Military law - court martial

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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Family Law Child Custody Lawyer Wallin & Klarich Orange County

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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insufficient evidence - misdemeanor

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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Supreme Court Ruling

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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DUI

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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Sealed Arrest Record (PC 851.91)

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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evading a police officer

Court Upholds Controversial Jailhouse Sting Operation: What Police Can (and Cannot) Do Before Questioning You

Court Upholds Controversial Jailhouse Sting Operation: What Police Can (and Cannot) Do Before Questioning You When you are accused of a crime, law enforcement will often use every tactic available to get you to talk — even before your first formal interrogation. A recent California Court of Appeals case, People v. Michael Leslie Goehner, highlights a troubling issue: what the police can and cannot do before questioning a defendant who…

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juvenile law attorney

Orange County Jailhouse Informant Scandal: DOJ Agreement Signals the End of Unconstitutional Practices

Orange County Jailhouse Informant Scandal: DOJ Agreement Signals the End of Unconstitutional Practices The U.S. Department of Justice (DOJ) has officially announced that it has completed its reform agreement with the Orange County Sheriff’s Department (OCSD) to end the unconstitutional use of jailhouse informants — a practice that, for nearly a decade, violated the constitutional rights of defendants in Orange County. The agreement, signed in January 2025, followed DOJ findings…

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Federal Cases Government Shutdown

Federal Immigration Conviction Overturned Due to Weak Evidence: Why Strong Legal Representation Matters Now More Than Ever

Federal Immigration Conviction Overturned Due to Weak Evidence: Why Strong Legal Representation Matters Now More Than Ever In a recent case, a federal appeals court reversed the conviction of Wardy Liberato, a Dominican national who had been charged with illegal reentry under 8 U.S.C. § 1326(a). His case serves as a powerful reminder that even in serious federal prosecutions, the government must meet a strict burden of proof—and when they…

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Burglary attorney

Appeals Court Allows Man to Withdraw Guilty Plea After Lawyer Failed to Explain Immigration Consequences

Appeals Court Allows Man to Withdraw Guilty Plea After Lawyer Failed to Explain Immigration Consequences At Wallin & Klarich, we know how devastating it can be when a guilty plea leads to unexpected immigration consequences. Recently, a man won his appeal after the court found that his original attorney failed to properly advise him about the risk of deportation before pleading guilty to a felony. Our experienced criminal defense attorneys…

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