A 20-Year Sentencing Error Gets Exposed: How People v. Cervantes Opens the Door to New Resentencing Relief
A 20-Year Sentencing Error Gets Exposed: How People v. Cervantes Opens the Door to New Resentencing Relief When it comes to criminal sentencing in California, the law is clear: if a court imposes a term that the law does not permit, that sentence is considered unauthorized. And when a sentence is unauthorized, courts have the inherent authority—and duty—to correct it at any time, even decades after the original judgment. The…
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Owing Victim Restitution? You Can Still Clear Your Record: What People v. Murphy Means for You
Owing Victim Restitution? You Can Still Clear Your Record: What People v. Murphy Means for You When you’re trying to rebuild your life after a criminal conviction, few legal tools are more important than Penal Code § 17(b) (reducing a felony to a misdemeanor) and Penal Code § 1203.4 (expungement). But many people—and unfortunately, some courts—believe that you cannot get these forms of relief if you still owe victim restitution.…
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U.S. Driving Law Changes: What California Drivers Should Know
U.S. Driving Law Changes: What California Drivers Should Know While many traffic violations result in fines and points on your driving record, certain offenses can lead to jail time, thousands of dollars in fines, and a permanent criminal record. Understanding which driving-related crimes carry the most severe consequences is essential for every California driver. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process.…
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Can My Lawyer Get My Criminal Case Dismissed If The District Attorney Waits A Long Time To File Charges?
Can My Lawyer Get My Criminal Case Dismissed If The District Attorney Waits A Long Time To File Charges? When the District Attorney waits many years—or even decades—before filing criminal charges, accused individuals often wonder: Can my lawyer get the case thrown out because the District Attorney took too long? A recent California Court of Appeal decision, People v. McInnis, provides an important look at how courts decide whether an…
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Understanding Restitution Orders in California
Understanding Restitution Orders in California When facing criminal charges in California, defendants often focus primarily on potential jail time, probation terms, and fines. However, another critical component of many criminal sentences is restitution—a court-ordered payment to victims for losses resulting from the crime. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your…
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WHAT CAN YOU DO IF YOUR LAWYER FAILED TO REPRESENT YOU PROPERLY AND YOU WERE CONVICTED OF A CRIME?
WHAT CAN YOU DO IF YOUR LAWYER FAILED TO REPRESENT YOU PROPERLY AND YOU WERE CONVICTED OF A CRIME? When facing criminal charges, your right to effective legal representation isn't just a formality—it's a constitutional guarantee. But what happens when your attorney's performance falls so far below acceptable standards that it costs you years of your life? A recent California court decision shows just how serious the consequences of ineffective…
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First-Time Restraining Order Violations: What You Need to Know
First-Time Restraining Order Violations: What You Need to Know When a court issues a restraining order, it carries the full weight of legal enforcement. Violating that order—even for the first time—can result in serious criminal charges that may lead to jail time, fines, and a permanent criminal record. Understanding the legal framework surrounding restraining order violations and the potential consequences is crucial for anyone facing these charges. Our experienced criminal…
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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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