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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What Is A "Heat Of Passion" Defense?
“Heat Of Passion” Defense The heat of passion defense is one of the defenses available to those accused of committing a crime in California. It's based on the principle that a person who acts in the heat of passion, without sufficient time for their passion to cool, and with an honest and reasonable belief that their actions were necessary for self-defense or defense of another, should not be held liable…
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What Crimes Can A Governor Pardon In California?
What Crimes Can A Governor Pardon? The governor of California has the power to pardon individuals convicted of crimes, but it's important to understand what type of crimes they're able to pardon. It varies by state, and this article will provide an overview of the kinds of offenses that can be pardoned in California. In general, the governor of California has the power to reduce sentences, commute death penalties to…
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Should You Take A Plea Bargain In California?
Should You Take A Plea Bargain? If you are facing criminal charges in California, it is important to understand your options. One of the possibilities available to defendants is a plea bargain. Taking a plea bargain can be complex and have serious consequences, so it's important to weigh all of your options carefully with the help of a qualified defense attorney. A plea bargain is an agreement between the defendant…
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