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Criminal Law

Southern California Criminal Defense Blog

Information about California Defense Law as well as up-to-date news from the legal sector.
By Walin & Klarich

Post Frequency: 9.1/day

Last Entry: April 01, 2011 at 15:11:30

Prevent the District Attorneys from Discovering Your Secrets and Strategies by Hiring Smart and Creative Lawyers

Posted on July 10, 2008
There are serious battles being fought in the field of criminal law as we speak, and most of California is completely unaware of what is happening. This battle is waging especially strong in San Diego, where Wallin & Klarich attorneys are on the front lines...

US Supreme Court Reverses Murder Conviction

Posted on July 09, 2008
Today, the US Supreme Court reversed a murder conviction and ruled the introduction of the victim?s prior reports of domestic violence to the police violated the defendant?s right to confront and cross-examine his accusers. The prosecutor in the case of Giles v...

California Law Bans Cell Phone Use While Driving

Posted on July 08, 2008
A new California Vehicle Code prohibits individuals from using a wireless telephone while driving unless that telephone allows for hands-free listening and talking. Eliciting a fine of $20 for a first offense and $50 for each subsequent offense, this law went into effect July 1, 2008...

When Are A Rape Victim's Prior False Allegations "False Enough"?

Posted on July 07, 2008
When is a prior false allegation of rape by a rape victim really "false enough" to have it admitted at your trial when you are accused of a sexual offense? When an accused is facing allegations of rape or molestation or any related crime and the defendant or his family tells you that the alleged victim has a "history" of bringing false allegations of rape or sexual assault in the past what do you need to do as a competent criminal defense attorney to be able to get that information before the jury? A recent decision by the Court of Appeals on June 17, 2008 would indicate that you have to do a "whole lot" before that prior "false allegation" will be admitted at the trial...

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Pretext Telephone Calls

Posted on July 04, 2008
A recent report in a newspaper in the United Kingdom reported that police in that country are planning to start using ?pretext? telephone calls and text messages in an attempt to get rape suspects to implicate themselves. The tactic involves alleged victims who, under police supervision, contact alleged perpetrators via text message or telephone call in an attempt to get the alleged perpetrator to make admissions that corroborate the victim?s allegations...

Attorney Client Privilege Under Attack

Posted on July 03, 2008
hose involved in defending persons accused of committing crimes would no doubt agree that no judge, legislator, governor, or president ever lost his or her job for advocating laws that erode the rights of those accused of committing a crime but, indeed the trend is quite the opposite...

Supreme Court Lets Child Porn Conviction Stand

Posted on July 02, 2008
In a recent opinion, the United States Supreme Court upheld the validity of a federal child pornography statute. United States v. Williams. In Williams, the Defendant, Williams, using a sexually explicit screen name, signed in to a public Internet chat room...

Some Crimes Cannot be Reduced to Misdemeanors

Posted on July 01, 2008
This point was made clear in a recent decision by the California Court of Appeal in People v. Mauch. In that case, the Defendant was convicted of cultivation of marijuana, in violation of Health and Safety Code section 11358. That statute provides that anyone found guilty of cultivation of marijuana shall be ?punished by imprisonment in the state prison...

More Hate Crme Laws Hit the Books

Posted on June 30, 2008
Much has been written regarding ?hate crime? laws and whether enactment of such laws is appropriate or even consistent with the US Constitution. While, on the one hand, crimes committed in the name of ?hate? cannot be condoned in a free society, on the other hand, as US Supreme Court Justice Robert Jackson noted: ?"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein...

Calculating Child Support

Posted on June 27, 2008
The internet has made it easier and easier for someone to calculate their child support. There are numerous websites that charge fees to calculate child support. People think that all they have to do is plug in the parties income and time share into the DissoMaster (program used to calculate support) to determine the child support...

I Want More Child Support

Posted on June 26, 2008
Is the child support payment in California that you are receiving not what it should be? Or, is the father or mother of your child not paying any child support at all, even though they should be? Or, are you are paying too much child support? If you answered yes to any one of these three questions, you are not alone...

Same Sex Marriage in California

Posted on June 25, 2008
On May 15, 2008, the Supreme Court of California overturned the ban on same-sex marriage. Marriage licenses will be issued to same-sex couples beginning June 17, 2008, barring any last minute stays. Before this landmark moment, California had already permitted domestic-partner registration with the secretary of state, wherein same sex-couples could be afforded the same rights as traditional male/female marriages...

Attorneys Who Conduct Thorough Investigations Can Save You Thousands of Dollars

Posted on June 24, 2008
Money issues often play an important role in California divorce proceedings, California child custody proceedings, and child and spousal support or alimony proceedings. This is especially the case in San Diego, where the cost of living frequently far outweighs the income for the average household...

The Costs of Divorce

Posted on June 23, 2008
With the divorce rate as high as 60%, it is no wonder that the family law courts are backlogged with the volume of cases filed each year. Typically divorces can last for years before they are resolved or a final judgment is entered. In the rare instances and the minority, there have been couples that have been able to divorce easily and quickly, this of course is the exception and not the rule and certain factors come into play...

Want to Get Re-Married

Posted on June 20, 2008
You?re in the process of divorcing and have been for six months; however, you must legally wait six months to be divorced. Because you?ve been in the process for six months does this mean you are legally divorced? No, you are not. All of the necessary paperwork must be filed with the court and your judgment must be completed in order for your marital status to be terminated...

Defendants Have Right to Exculpatory Evidence

Posted on June 19, 2008
Prosecution must make favorable material evidence available to defendants. California court affirms defendants constitutional right to exculpatory evidence. In the case People v. Ubire, the prosecution failed to give the defense a video taken during the only physical medical examination of the alleged victim...

Arrears

Posted on June 18, 2008
If you have arrears that are owed for child support or spousal support and the other party has agreed to waive arrears for a lower amount that you will pay them in a lump sum. You would need to have an agreement and stipulation drafted, signed, and filed with the court...

Britney Spears is Still Unfit to Participate in Legal Proceedings

Posted on June 17, 2008
The court commissioner found Thursday that Britney Spears was still unable to participate in any meaningful way in legal proceedings and needs further tests. The court will not make further determination without further medical testing and diagnosis...

Warrantless Search of Utah Man's Home To Be Supreme Court Case

Posted on June 16, 2008
The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a warrant. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling methamphetamine out of his home...

GPS Devices And Probation

Posted on June 13, 2008
Senate Bill 619 was enacted as urgency legislation in October 2005. Eventually, Penal Code section 1210.7 and Penal Code section 1210.16 was enacted. This law allows local probation departments to use these global positioning devices to those who require a high level of supervision...

Making Sure Your Lawyer is Familiar with Current Law

Posted on June 12, 2008
The lawyers at the Wallin & Klarich San Diego office spend a great deal of their time in court representing clients accused of crimes. We know the judges. We know the prosecutors. We know the other criminal defense lawyers. And we know the law. Because we have so many opportunities to see other lawyers in court, we also know that many of them do not know the law...

Exercising Your Right To Remain Silent

Posted on June 11, 2008
?I ?ain?t? telling you nothing.? Believe it or not, the United States Constitution allows you to tell that to any law enforcement agent, when questioned by them! Under the Fifth Amendment to the Constitution, we all have a right to remain silent! While many of us might have learned about this right in grade school, most times we forget about it and do not exercise it...

Undocumented Gang Members Run Risk of Being Deported

Posted on June 10, 2008
"Go Back to Your Country!? This is what several gang members in Los Angeles could be hearing soon if some local politicians have their way. Dennis Zine, a Los Angles City Councilman, proposed a policy last week that would require police officers from the LAPD to report gang members who are in the United States (US) ?undocumented? (and/or illegally) to Immigration officials! As part of the policy, police officers would be required to report ?undocumented? gang members who are not even under arrest to Immigration...

Phone Calls Made From San Diego Jails

Posted on June 09, 2008
Do the police listen to calls coming from the jail? Absolutely! The San Diego Sheriff tapes every call made from the jail. Here?s how it works. Inmates can call out collect. To make the call, they are supposed to use their booking number. The calls are all saved in the computer...

A Death Can Be Lethal

Posted on June 06, 2008
You can be put to death by lethal injection! This is the ruling of the United States Supreme Court. The court ruled a few weeks ago that it was constitutional for states to execute certain condemned criminals, as long as the procedure was done properly...

DRUG TESTING IN FAMILY LAW MATTERS

Posted on June 05, 2008
It is not uncommon for parties in a family law case to allege drug use and drug abuse against the other parent in custody disputes. The most common methods used today to determine if someone is ?dirty? or has used illegal drugs recently is the use of the hair follicle test and the urine test...

JUDGE THROWS OUT BREATH TEST RESULTS

Posted on June 04, 2008
A judge in Arizona has thrown out 49 breath test results because the breath machine?s manufacturer has refused to turn over the internal workings of the machine to the defense. The internal workings or ?source code? is the computer code that is used by the manufacturer to measure the blood alcohol concentration in a person?s breath...

JUDGE GRANTS DEFENDANT NEW TRIAL WHEN PROSECUTION VIOLATES DEFENDANTS RIGHT BY FAILING TO TURN OVER DISCOVERY

Posted on June 03, 2008
When you are accused of a crime the prosecution must turn over discovery to your lawyer so that he can assist you to prepare your defense. In a recent federal criminal prosecution the defendants conviction was reversed when a federal judge found that the prosecution had ?persistently and recklessly violated its constitutional responsibilities to discovery and disclose crucial information? to the defense...

YOUR FELONY CASE MUST BE DISMISSED IF YOUR PRELIMINARY HEARING IS DELAYED BEYOND STATUTORY TIME PERIOD

Posted on June 02, 2008
A recent court of appeals opinion has ordered that felony charges be dismissed against a defendant when his preliminary hearing was continued due to the illness of the prosecutor and when the sheriff failed to bring the defendant to court to waive his right to an earlier hearing...

I Want More Child Support

Posted on May 30, 2008
Is the child support payment that you are receiving not what it should be? Or, is the father or mother of your child not paying any child support at all, even though they should be? Or, are you are paying too much child support? If you answered yes to any one of these three questions, you are not alone...

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