Why Hiring an Experienced Criminal Defense Attorney Matters: A Cautionary Tale from the Racial Justice Act
At Wallin & Klarich, we understand that your freedom, reputation, and future are on the line when you’re facing criminal charges. That’s why having a knowledgeable and experienced criminal defense attorney by your side isn’t just helpful—it’s essential. A recent California appellate decision involving Brandon Wagstaff shows just how much is at stake when defense counsel fails to preserve a critical issue during trial.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.
The Case: Racial Bias Alleged, But the Record Wasn’t Preserved
Brandon Wagstaff, a Black man, was convicted of felony false imprisonment. On appeal, he argued that the trial court violated California’s Racial Justice Act (RJA) during jury selection and sentencing. He pointed to several disturbing comments made by the judge, including calling him a “strong young buck”—a phrase historically used to dehumanize enslaved Black men—and referring to him as a “boy” while encouraging him to “become a man” and make “manly decisions.”
Under Section 745(a) of the RJA, racial bias or discriminatory language from any party involved in a criminal case can be grounds for serious legal consequences. In fact, even the California Attorney General conceded that the judge’s use of “strong young buck” constituted a violation of the statute.
But despite this, the Court of Appeal affirmed the conviction. Why? Because Wagstaff’s trial attorney failed to object to these racially charged statements at the time they were made.
The Critical Mistake: Failure to Object
Under California law, objections during trial are necessary to preserve issues for appeal. The appellate court explained that because Wagstaff’s attorney didn’t object to the judge’s language during trial, the defense forfeited the ability to fully challenge it later. The court emphasized that proving a RJA violation requires a clear record showing racially biased conduct. Without timely objections and a developed record, the appellate court had no way to evaluate the full context of the judge’s remarks.
This was a major missed opportunity. Had the objection been properly raised and documented, the defense may have been able to obtain a new trial, a dismissal, or at minimum, a resentencing before a different judge.
Why Legal Experience Makes All the Difference
This case is a powerful reminder that knowing the rules of evidence and trial procedure can be the difference between freedom and incarceration. At Wallin & Klarich, our attorneys have decades of experience navigating the courtroom and protecting our clients’ rights at every stage of the legal process.
When you hire our firm, you’re getting more than just a lawyer—you’re getting a team that understands how to build a strong defense, preserve important legal issues, and fight to expose any violation of your constitutional or statutory rights.
Why This Wouldn’t Happen with Wallin & Klarich
At Wallin & Klarich, our attorneys are not just experienced—they’re battle-tested in real California courtrooms. We don’t just know the law. We live and breathe criminal defense. Our team understands how to recognize when a judge or prosecutor crosses the line, and we act immediately to preserve our clients’ rights.
- We know how to object properly and strategically to harmful statements or evidence.
- We file the right pretrial motions to protect our clients from racial bias, misconduct, and unfair treatment.
- We build a clear and complete record at trial so that if an appeal is needed, the court has everything it needs to rule in our client’s favor.
Contact Wallin & Klarich Today
If you have been charged with a crime and could face racially charged statements, you need to contact an experienced attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
