When Appeals Matter: How a Murder Conviction Can Be Reversed in California
When Appeals Matter: How a Murder Conviction Can Be Reversed in California Being convicted of a serious crime like murder can feel like the end of the road. Many defendants believe that once a jury returns a guilty verdict, their fate is sealed. However, California's appellate process provides an opportunity for freedom after a wrongful conviction and legal errors that may have occurred during trial. A recent California Court of…
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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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Department of Justice and Orange County District Attorney Reach Settlement Over Jailhouse Informant Violations
Department of Justice and Orange County District Attorney Reach Settlement Over Jailhouse Informant Violations The Department of Justice (DOJ) and the Orange County District Attorney’s Office (OCDA) recently reached a landmark settlement addressing the mishandling of jailhouse informants. This resolution stems from years of alleged violations that undermined the rights of accused individuals, raising significant concerns about transparency and fairness in the justice system. This settlement not only highlights critical…
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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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The Primary Defenses To A Robbery Charge – Penal Code Section 211
The Primary Defenses To A Robbery Charge - Penal Code Section 211 Facing robbery charges can be a daunting experience. Robbery is a serious crime that involves taking someone's property through force or intimidation. Knowing your rights and understanding the defenses available can significantly impact the outcome of your case. If you are looking for a criminal defense attorney near you, then you can reach out to us at any…
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How To Beat A Dissuading A Witness Charge – Penal Code Sections 136.1, 140
How To Beat A Dissuading A Witness Charge - Penal Code Sections 136.1, 140 If you've found yourself accused of dissuading a witness, it's imperative to understand the ins and outs of the legal landscape you're stepping into. This blog aims to equip you with knowledge of charges about dissuading a witness, effective defense strategies that can be applied to this situation, and how a criminal defense attorney can offer…
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The Primary Defenses Against Drug Possession And Distribution Charges In California – Health And Safety Codes 11350, 11351, 11352, 11357, 11379
The Primary Defenses Against Drug Possession And Distribution Charges In California - Health And Safety Codes 11350, 11351, 11352, 11357, 11379 The legal consequences of drug-related crimes in California can vary significantly depending on the nature of the offense and the specific state statutes involved, particularly in relation to Health and Safety Codes. Understanding these laws is crucial, not only for compliance but also for protecting your rights and future.…
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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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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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