How Long Does The DA Have To File Charges In California?
How Long Does The DA Have To File Charges? In California, the District Attorney (DA) has a certain amount of time to file charges against someone who is suspected of committing a crime. This time period varies depending on the severity of the crime and other factors. If you are awaiting charges to be brought against you, you need an aggressive defense attorney on your side. Choosing Wallin & Klarich…
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What Crimes Require An Ankle Monitor In California?
What Crimes Require An Ankle Monitor? There are a variety of reasons that a court may issue an ankle monitor on someone. One of the most common is as an alternative way of sentencing. For those that qualify for this, instead of jail time, they will receive an ankle monitor to be worn. Other reasons for issuing an ankle monitor include pretrial release, probation. Additionally, in California, certain crimes require…
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Are There Open Carry Laws In California?
Are There Open Carry Laws In California? Wondering if you can openly carry a firearm? Prior to 2012, it was legal for anyone to carry an unloaded and unconcealed firearm in public. However, after the enactment of California Penal Code 26350 PC, it became illegal for anyone to openly carry a firearm in public. Choosing Wallin & Klarich to represent your case puts you in a better position to receive…
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California Knife Laws | What You Need To Know
California Knife Laws | What You Need To Know The regulations pertaining to the possession and carrying of knives in California can be intricate. While it is not universally unlawful to carry a knife, having any type of weapon on your person can heighten the likelihood of encountering legal issues with law enforcement. Even if you are ultimately determined to be acting lawfully, you may still undergo the inconvenience of…
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What Is “Reasonable Articulate Suspicion” | Traffic Stops
What Is “Reasonable Articulate Suspicion” When it comes to traffic stops, the Fourth Amendment of the United States Constitution protects drivers from unreasonable searches and seizures. However, police officers have been given broad authority when it comes to conducting traffic stops based on what is known as "reasonable articulate suspicion". In California, this means that an officer can stop a driver in certain circumstances if they have reasonable grounds to…
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Do I Need A Criminal Lawyer?
Do I Need a Criminal Lawyer to Help Me? In the face of a criminal accusation, individuals find themselves thrust into a complex and daunting legal landscape. The stakes are high, and the potential consequences can be life-altering. In these challenging times, the guidance and expertise of an experienced criminal defense lawyer become invaluable. This blog explores the pivotal role that an experienced criminal defense attorney from Wallin and Klarich…
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California's Assault Weapon Ban
California’s Assault Weapon Ban In late October, the U.S. Court of Appeals for the 9th Circuit ruled on California's "assault weapon" ban (Section 30605 of the Penal Code). The law, prohibiting assault weapon possession, allowed prosecutors to charge suspects with a misdemeanor or felony, carrying up to 3 years of imprisonment. Despite a previous injunction, the 9th Circuit has stayed it, allowing the law to remain in effect during the…
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People v. Suazo | Second-Degree Murder: Implied Malice in Drunk Driving
People v. Suazo: Implied Malice in Drunk Driving Drinking and driving is a serious crime that carries hefty penalties in California. In California, penalties for driving under the influence are complex and take into account a variety of factors including: prior convictions, circumstances surrounding the incident, and the speed limit. The penalties can range from community service, fines, license suspension, and in some cases, jail time. However, in DUI incidents…
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People v. Peterson | What Does The Prosecutor Have To Prove To Convict You Of Stalking In California
People v. Peterson | What Does The Prosecutor Have to Prove to Convict You of Stalking? Stalking is a serious criminal offense. It involves persistent and unwanted attention, harassment, or communication directed towards an individual without their consent. In California, stalking is considered a criminal offense and is punishable by law. California has specific laws in place to protect individuals from being stalked. The state’s Penal Code defines stalking as…
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What Does A Prosecutor Have To Prove In A PC 459 Burglary Case?
What Does A Prosecutor Have To Prove In A Burglary Case? Burglary is the act of unlawfully entering a building with the intention of committing a crime. In accordance with California Penal Code Section 459, burglary charges can be filed even without theft being involved. Burglary occurs when an individual enters a building, home, structure, room, container, or vehicle with the intent to commit larceny or any felony offense. You…
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