Wallin & Klarich Orange County Criminal Defense Attorney Jury Instructions

Improper “Kill Zone” Jury Instructions Could Result in Your Conviction Being Overturned

Improper "Kill Zone" Jury Instructions Could Result in Your Conviction Being Overturned In every criminal trial, one of the most critical yet often overlooked components is the set of instructions given to the jury. Before deliberation begins, the judge provides the jury with carefully worded instructions that explain the relevant laws, define legal terms, outline the elements of each charged offense, and describe how to properly evaluate evidence. These instructions…

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Wallin & Klarich Orange County Criminal Defense Attorney Jury Instructions

The Jury and Not The Judge Will Decide What Your Sentence Will Be If You Are Convicted of Most Felonies – Penal Code Section 1170

The Jury and Not The Judge Will Decide What Your Sentence Will Be If You Are Convicted of Most Felonies - Penal Code Section 1170 One crucial aspect of felony cases is determining whether "aggravating factors" exist, which can significantly increase your prison sentence if convicted. Under California Penal Code Section 1170, it's not a judge but a jury that must decide on these aggravating factors. Let's explore how this…

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Courtroom Trial attorney

When You May Want to Waive Your Right to a Jury Trial

When You May Want to Waive Your Right to a Jury Trial The right to a jury trial is recognized and protected twice in the U.S. Constitution: in Article III, Section 2 and the Sixth Amendment. However, you also have the right to waive a jury trial in favor of a bench trial, which is a trial in which the judge alone decides the verdict. In most cases, you probably…

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