Understanding “Upper Term” Sentencing and Unproven Aggravating Factors
Understanding "Upper Term" Sentencing and Unproven Aggravating Factors When facing criminal charges, accused individuals contend with immense emotional, mental, and financial stress. Adding to this stress is not knowing how long a potential sentence will be due to a judge’s sentencing. Among these complexities lies the concept of “upper term” sentencing—a practice that can significantly increase the penalties faced by someone convicted of a crime. This article sheds light on…
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Navigating California DUI Laws: What You Need to Know
Navigating California DUI Laws: What You Need to Know Driving under the influence (DUI) is a serious offense in California, with potentially life-altering consequences. California has some of the strictest DUI laws in the country, designed to ensure public safety and penalize impaired driving. This post will walk you through California DUI laws, the legal process, and what to expect after a DUI arrest. Our experienced criminal defense attorneys at…
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How Wallin & Klarich Can Help Get Your Sentence Reduced or Vacated
How Wallin & Klarich Can Help Get Your Sentence Reduced or Vacated California Penal Code Section 1172.6 offers hope for those looking for a chance to reduce or vacate their prison sentences. This means some actions that were once considered felonies might not be any longer. This blog talks about Section 1172.6 and how it can help people who were affected by these old laws. It explains how this law…
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Compassionate Release in California: A Comprehensive Guide
Compassionate Release in California: A Comprehensive Guide Compassionate release is a critical yet often misunderstood component of California’s legal system. Designed to provide relief to incarcerated individuals facing extraordinary circumstances, it offers a means for humanity to intersect with justice. But how does compassionate release work, who qualifies, and what challenges accompany the process? Whether you're an accused individual or someone advocating for a loved one, understanding the framework for…
Read MoreFederal Sentencing Enhancements for Child Pornography Cases
Federal Sentencing Enhancements for Child Pornography Cases The legal landscape of federal sentencing enhancements for child pornography cases is complex and often controversial. These enhancements are designed to impose more severe penalties on individuals convicted of such offenses. This blog aims to explain these enhancements, explain their legal foundations, and examine a recent relevant case. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal…
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Why Objecting to Expert Testimony is Crucial in Legal Defense
Why Objecting to Expert Testimony is Crucial in Legal Defense Navigating a legal trial as an accused individual can be daunting, particularly when expert testimony is involved. Expert witnesses bring specialized knowledge that can profoundly influence the jury's perspective. Thus, it is crucial for trial lawyers to safeguard their client's rights by critically evaluating and objecting to expert testimonies when necessary. This article highlights the significance of this practice, offering…
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Understanding Self-Defense as a Viable Defense in Murder Cases
Understanding Self-Defense as a Viable Defense in Murder Cases When faced with a murder charge, few things are as overwhelming as navigating the legal maze ahead. However, one argument that can be a lifeline for the accused is self-defense. This legal defense is built on the principle that individuals have a right to protect themselves from imminent harm—even if doing so results in another's death. Understanding how self-defense is viewed…
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The Importance Of Challenging Police Searches
The Importance Of Challenging Police Searches Navigating the criminal justice system can be overwhelming for anyone accused of a crime. Beyond the immediate stress and uncertainty, there is the critical matter of understanding your rights—particularly when it comes to police searches. Did you know that hiring a law firm with extensive experience in challenging the legality of police searches could be pivotal? It might even result in your case being…
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How The Newly Passed California Proposition 36 Will Impact Repeat Offenders
How The Newly Passed California Proposition 36 Will Impact Repeat Offenders The measures in Prop 36 aimed to intensify penalties for repeat offenses, especially in theft and drug-related cases, are likely to disproportionately affect Black and Latino communities and economically disadvantaged individuals. These sentencing enhancements effectively penalize individuals twice—first for the original offense and then with mandatory extra years of imprisonment. Prop 36 will sustain a system that strains our…
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California Proposition 36 Just Passed … Now What?
California Proposition 36 Just Passed … Now What? California voters overwhelmingly passed Proposition 36. As a result, there will be an increase in parent deportations and family separations due to convictions for minor offenses such as shoplifting and simple drug possession. Proposition 36 will not only overcrowd jails, divert funds from treatment programs, and impose financial burdens on taxpayers, but also facilitate the deportation of immigrants for low-level crimes. This…
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