The Importance of EvidenceCode Section 352 in Criminal Defense
The Importance of EvidenceCode Section 352 in Criminal Defense A recent California case, People v. Caratachea, shows how a defense attorney's failure to use the rules of evidence to their advice (Evidence Code Section 352) can have profound consequences for their client. This case serves as a crucial reminder of why experienced criminal defense representation can make the difference between winning and losing your case. Our experienced criminal defense attorneys…
Read More
Understanding Consent Laws: A Legal Defense Guide to California Penal Code 261
Understanding Consent Laws: A Legal Defense Guide to California Penal Code 261 When facing criminal charges in California, understanding the complexities of consent laws can mean the difference between a strong defense and a conviction. Penal Code 261 establishes strict guidelines around consent in sexual encounters, but interpreting and applying these laws requires deep legal expertise. Our criminal defense team has successfully defended numerous cases involving consent-related charges, and we've…
Read More
Understanding Selective Prosecution: Recent Court Ruling Raises New Questions
Understanding Selective Prosecution: Recent Court Ruling Raises New Questions A recent Ninth Circuit Court of Appeals decision has highlighted the ongoing challenges defendants face when claiming selective prosecution in federal cases. This ruling, which reversed a lower court's dismissal of charges in an arson case, demonstrates the increasingly high bar defendants must clear to succeed with selective prosecution claims. Our skilled criminal defense attorneys at Wallin & Klarich can guide…
Read More
What to Do If You’re Facing Murder Charges: Critical First Steps
What to Do If You're Facing Murder Charges: Critical First Steps Being charged with murder in California is one of the most serious legal situations a person can face. The consequences of a murder conviction are severe, potentially including life imprisonment in certain cases. If you or a loved one is facing murder charges, the actions you take immediately following your arrest can significantly impact the outcome of your case.…
Read More
New California Law Expands Diversion Programs for Veterans: A Major Update for 2025
New California Law Expands Diversion Programs for Veterans: A Major Update for 2025 In a significant move to support our veterans, California has expanded its military diversion program through SB 1025, effective January 1, 2025. This landmark legislation extends pretrial diversion eligibility to veterans charged with felonies, marking a substantial evolution in how our state's criminal justice system treats veterans who find themselves in legal trouble. Our skilled criminal defense…
Read More
Mental Health Diversion is Working
Mental Health Diversion is Working For individuals caught up in the criminal justice system due to their mental health struggles, California’s mental health diversion programs represent a compassionate alternative to traditional prosecution and sentencing. These programs aim to address the root causes of criminal behavior by offering treatment instead of punishment. If you're facing legal trouble and struggling with mental health, understanding these programs could open a pathway to recovery…
Read More
Commercial vs. Residential Burglary: Different Charges, Different Defenses
Commercial vs. Residential Burglary: Different Charges, Different Defenses When facing burglary charges, understanding the specific type of offense is crucial for building an effective defense strategy. While both commercial and residential burglary involve unlawful entry with intent to commit a crime, the legal system treats these offenses differently. This blog explores the key distinctions between commercial and residential burglary and the various defense strategies that may be used in each…
Read More
Understanding First vs. Second Degree Murder Charges in California: A Comprehensive Guide
Understanding First vs. Second Degree Murder Charges in California: A Comprehensive Guide When facing murder charges in California, understanding the distinctions between first and second-degree murder is crucial. These classifications significantly impact potential sentences and defense strategies. This blog breaks down the key differences and what they mean for defendants in the California criminal justice system. Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the…
Read More
Understanding Presidential and State Pardons: A Path to Second Chances
Understanding Presidential and State Pardons: A Path to Second Chances The recent presidential pardon of President Biden’s son, Hunter Biden, has brought attention to the pardon power and its role in our justice system. In this blog, we’ll explore what pardons mean for those seeking a fresh start and how our law firm can help you navigate this complex process. Our experienced criminal defense attorneys at Wallin & Klarich can…
Read More
Laguna Beach’s DUI Notification Policy Sparks Debate On Liability
Laguna Beach’s DUI Notification Policy Sparks Debate On Liability Did you know Laguna Beach has the highest per capita DUI arrest rate in California? In a bold move, Laguna Beach has implemented a notification system that notifies bar establishments when a patron is arrested on DUI charges after leaving the establishment. Recent data from the California Office of Traffic Safety reveals that local law enforcement made 269 DUI apprehensions in…
Read More