Can Prior Convictions Affect Federal Sentencing Enhancements?
Can Prior Convictions Affect Federal Sentencing Enhancements? In federal criminal cases, prior convictions can significantly impact sentencing outcomes, particularly in cases involving serious offenses. A recent federal court ruling highlights how the legal system approaches mandatory minimum sentencing enhancements when a defendant has prior convictions. This blog explains these enhancements and what they mean for those facing federal charges. Our skilled criminal defense attorneys at Wallin & Klarich can guide…
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Court Holds That A Parent with A “Drug Problem” Can Retain Custody of Their Child If They Provide Adequate Care To Their Child - Welfare and Institutions Code Section 300(b)
Court Holds That A Parent with A “Drug Problem” Can Retain Custody of Their Child If They Provide Adequate Care To Their Child - Welfare and Institutions Code Section 300(b) If you find yourself accused of substance abuse and are facing a child dependency case per Welfare and Institutions Code 300, then you likely will need our law firm's help. When a child dependency case is filed against you it…
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Degrees Of Murder | What's The Difference?
Degrees Of Murder And The Differences In California, murder is defined as the killing of a human being with malice aforethought. There are three levels of murder in the state: first-degree, second-degree, and manslaughter. First-degree murder is premeditated killing or involves special circumstances such as torture, child abuse, or lying in wait. Second-degree murder is an intentional killing without premeditation, as well as killings that occur during the commission of…
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Top 3 Things NOT to Do When You Are Pulled Over
Top 3 Things Not to Do When You Are Pulled Over Each year millions of people are pulled over for traffic violations in the United States. Getting pulled over for a traffic violation can quickly lead to an arrest. It is important to know what to do - and NOT do if you are pulled over. Continue reading to learn the top three things not to do when you are…
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How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate
How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate Penal Code Section 1473.7 permits a defendant to vacate their plea in two ways: 1) Legal invalidity with actual or potential Immigration Consequences; or 2) Newly discovered evidence of actual innocence. The Court in Espinoza reviews the first one and provided the following guideline below to determine the reasonable probability of prejudicial error:…
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Degrees of Murder: What’s the Difference?
Degrees of Murder: What’s the Difference? Murder is one of the most severe crimes in California, and the penalties for conviction often involve a lifetime in jail. However, the different degrees of murder can be confusing and complex, as your charges will often depend on the specific circumstances of your case and your intentions. Below, our attorneys explain the differences between the different degrees of murder. First-Degree Murder First-degree murder…
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5 Things You Can’t Do If You Have a Warrant for Your Arrest
5 Things You Can’t Do If You Have a Warrant for Your Arrest In southern California, an arrest warrant authorizes police officers to arrest and detain you for a suspected crime. A warrant for your arrest in California can seriously limit your freedom, preventing you from performing everyday tasks. Whether it’s an arrest warrant for a felony or misdemeanor or a bench warrant for a probation violation, you may be…
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What is the Difference Between 1st and 2nd Degree Burglary in Los Angeles?
What is the Difference Between 1st and 2nd Degree Burglary in Los Angeles? California Penal Code 459 defines burglary as breaking and entering a structure with the intent to steal or commit a felony. A structure could include a residence, a business, a cargo container, or even a tent or a storage unit. That is the basic definition of burglary in California, but what makes a burglary a first-degree burglary,…
Read MoreWhat do I do if there is a warrant out for my arrest?
What do I do if there is a warrant out for my arrest? If a warrant is issued against you, it means that you could placed under arrest at any time. Your name goes into a nationwide database. If you are stopped by law enforcement or police officers run your license plate number, you will likely be placed in custody. So what can you do if a warrant is issued…
Read MoreDefenses to Assault with a Deadly Weapon Charges in Los Angeles
Defenses to Assault with a Deadly Weapon Charges in Los Angeles If you are accused of assault with a deadly weapon in Los Angeles, you face severe consequences. In order to fight for your freedom, you will need the help of an experienced criminal defense attorney. A skilled assault with a deadly weapon attorney will know how to defend you against these charges. Our attorneys have been successfully defending our…
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