Can I Be Charged for Not Reporting a Crime in California?
Can I Be Charged for Not Reporting a Crime in California? Understanding when you must report a crime—and when you have the right to remain silent—is crucial for protecting yourself from potential criminal charges. This blog examines California's laws regarding failure to report crimes, the specific situations where reporting is mandatory, and the potential consequences of non-compliance. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through…
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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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Domestic Violence Charges in California: Defenses and Legal Options
Domestic Violence Charges in California: Defenses and Legal Options Facing domestic violence charges in California can be overwhelming. These allegations can carry serious consequences that extend far beyond potential jail time, affecting your employment, housing opportunities, custody rights, and reputation. Understanding your legal rights and available defenses is crucial when navigating this challenging situation. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process.…
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What Happens at Your First Court Appearance? A Criminal Defense Attorney Explains
What Happens at Your First Court Appearance? A Criminal Defense Attorney Explains If you've been charged with a crime, your first court appearance can feel overwhelming and intimidating. Understanding what to expect can help ease your anxiety and ensure you're prepared for this critical step in your case. As experienced criminal defense attorneys, we've guided countless clients through this process and want you to know exactly what happens when you…
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Can Prosecutors Add Charges to My Case?
Can Prosecutors Add Charges to My Case? If you've been charged with a crime in California, you have constitutional rights that protect you throughout the criminal justice process. One of the most important—yet often misunderstood—is your right to receive proper notice of all charges against you. A recent California appellate decision shows how critical this protection is, and what can happen when prosecutors try to add serious charges after your…
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When Jury Instructions Misstate the Law: Understanding "Force" in California Sex Offense Cases
When Jury Instructions Misstate the Law: Understanding "Force" in California Sex Offense Cases In criminal trials, jury instructions serve as the foundation for how jurors understand and apply the law. When these instructions are incorrect or misleading, it can result in a wrongful conviction. A recent California appellate decision shows how proper jury instructions are in sex offense cases, particularly regarding the legal definition of "force." Our experienced criminal defense…
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You Can Face Federal Criminal Charges If You Photograph Or Videotape The “Private Parts” Of Another Person Without Their Consent
Understanding Video Voyeurism Laws And How To Avoid Conviction: 18 U.S.C. § 1801 Cases In an era where cameras are everywhere and technology continues to advance, understanding federal privacy laws has become increasingly important. One significant piece of legislation that addresses privacy concerns is 18 U.S.C. § 1801, commonly known as the Video Voyeurism Prevention Act. This federal law specifically addresses the serious issue of recording individuals' private areas without…
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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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Things To Know When Facing A DUI Trial: Prior Enhancements
Things To Know When Facing A DUI Trial: Prior Enhancements When facing DUI charges in California, your past can significantly impact your future. Prior DUI convictions don't just disappear after a few years—prior DUI convictions will be used to enhance penalties for new offenses, leading to more severe consequences including longer jail sentences, higher fines, extended license suspensions and even result in charges for murder if someone is killed due…
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Can My Case Be Dismissed for Speedy Trial Violations?
Can My Case Be Dismissed for Speedy Trial Violations? In our criminal justice system, defendants have a constitutional right to a speedy trial. A recent California appellate court decision demonstrates how this protection works in practice and why having an experienced criminal defense attorney who understands these rights is essential. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich…
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