Pretrial Detention: When Time in Custody Becomes a Sentence
Pretrial Detention: When Time in Custody Becomes a Sentence Imagine being accused of a crime but unable to afford bail. Now, picture spending weeks, months, or even years in custody waiting for a trial that might prove your innocence. For many, this is reality. Pretrial detention, which keeps individuals in custody before their trial begins, impacts those unable to afford bail disproportionately. While meant as a safeguard to ensure court…
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Understanding “Upper Term” Sentencing and Unproven Aggravating Factors
Understanding "Upper Term" Sentencing and Unproven Aggravating Factors When facing criminal charges, accused individuals contend with immense emotional, mental, and financial stress. Adding to this stress is not knowing how long a potential sentence will be due to a judge’s sentencing. Among these complexities lies the concept of “upper term” sentencing—a practice that can significantly increase the penalties faced by someone convicted of a crime. This article sheds light on…
Read MoreFederal Sentencing Enhancements for Child Pornography Cases
Federal Sentencing Enhancements for Child Pornography Cases The legal landscape of federal sentencing enhancements for child pornography cases is complex and often controversial. These enhancements are designed to impose more severe penalties on individuals convicted of such offenses. This blog aims to explain these enhancements, explain their legal foundations, and examine a recent relevant case. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal…
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How The Newly Passed California Proposition 36 Will Impact Repeat Offenders
How The Newly Passed California Proposition 36 Will Impact Repeat Offenders The measures in Prop 36 aimed to intensify penalties for repeat offenses, especially in theft and drug-related cases, are likely to disproportionately affect Black and Latino communities and economically disadvantaged individuals. These sentencing enhancements effectively penalize individuals twice—first for the original offense and then with mandatory extra years of imprisonment. Prop 36 will sustain a system that strains our…
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It May Not Be Too Late To Challenge Your Prior Criminal Conviction and Sentence
It May Not Be Too Late To Challenge Your Prior Criminal Conviction and Sentence If you or a loved one was found guilty by a jury or plead guilty to a serious felony, it may not be too late to challenge that conviction and prison sentence. If you are seeking legal guidance as to whether you or a loved one may be able to challenge the outcome in their criminal…
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Navigating New Horizons in Justice: A Legal Insight into CA Prop 36 and Sentencing Evolution
Navigating New Horizons in Justice: A Legal Insight into CA Prop 36 and Sentencing Evolution The November 2024 election could bring significant changes to California's legal landscape, particularly for individuals facing criminal charges. Proposition 36, a major talking point in the legal community, aims to reform the state's sentencing laws. For those accused of crimes, understanding this proposition could provide critical insights into potential outcomes and strategies. This blog post…
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How Aggravating and Mitigating Factors Can Alter Your Sentence Length
How Aggravating and Mitigating Factors Can Alter Your Sentence Length Understanding California's sentencing rules can be daunting, especially for those facing criminal charges. Understanding the delicate balance between aggravating and mitigating factors is crucial for accused individuals. These factors, which can either increase or decrease the severity of a sentence, play a vital role in determining the outcome of a case. This blog post will unravel the complexities of these…
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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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What is a Statement of Mitigation and How Could It Help Me in Sentencing?
What is a Statement of Mitigation and How Could It Help Me in Sentencing? When you are convicted of a crime, you probably think your case is over. However, one of the most important steps comes next: sentencing. Sentencing is where the court determines the penalties you will face for your conviction. The good news is that if your lawyer is experienced, then he will file a Statement in Mitigation…
Read MoreWhat Happens When a Judge Sentences a Defendant to Four Years in Prison When They Should Have Sentenced Him to Six Years?
What Happens When a Judge Sentences a Defendant to Four Years in Prison When They Should Have Sentenced Him to Six Years? That is exactly what happened in the recent case of People vs. Kingsberry. The defendant was originally placed on probation for a violation of Penal Code Section 288 (child molestation). The defendant was found to be in violation of his probation and the court sentenced the defendant to…
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