Conviction for Robbery Reversed by Court of Appeals (PC 211)
Conviction for Robbery Reversed by Court of Appeals (PC 211) Recently, the California Court of Appeals ruled that a criminal defendant does not receive a fair trial where a court fails to inform both parties and the jury of the details regarding a victim’s recanted statements. The appellate court explained that a trial court errs when it allows testimony that is known to be false to be presented at trial…
Read MoreOJ Simpson is trying for a “Hail Mary” Motion for a New Trial
OJ Simpson is trying for a “Hail Mary” Motion for a New Trial As we all know OJ Simpson is currently serving a prison sentence from 9 to 33 years in a Nevada State Prison. All of Simpson’s appeals have been denied. However, in typical OJ “never say die” style Mr. Simpson’s new lawyers have filed for a “writ of habeas corpus” asking that he be granted a motion for…
Read MoreProsecution Fails to Disclose Police Officer’s History of Lying
Prosecution Fails to Disclose Police Officer’s History of Lying Although most police officers are good and honest people, like any other profession, there are bad cops that will do just about anything to obtain a conviction. This includes lying about a case while under oath. Thus, the importance of consulting with a California criminal defense attorney to protect your rights when you are accused of a crime. The Case Against The Defendant…
Read MoreShould I Hire A Los Angeles Appellate Lawyer?
Should I Hire A Los Angeles Appellate Lawyer? In California, it is very difficult to win a criminal appeal. You will need a strong and aggressive Los Angeles Appellate lawyer if you are going to be successful. To be successful on appeal, the lower court must have made a mistake that is so serious that you were denied the right to a fair trial. Examples of mistakes that may warrant a…
Read MoreCalifornia Court Of Appeal Rules That Medical Marijuana Use Is Not A Basis To Detain A Child From His Father
California Court Of Appeal Rules That Medical Marijuana Use Is Not A Basis To Detain A Child From His Father A major ruling from a California Court of Appeal in December means that a Father, who has no history of abuse or neglect regarding his young child, cannot be denied placement of his child solely because he uses legally prescribed medical marijuana. He also cannot be forced to participate in…
Read MoreAppeals Process: How Do You Appeal A Criminal Case? (PC 1237)
Appeals Process: How Do You Appeal A Criminal Case? (PC 1237) To begin the appeals process, an appeal may be taken by the defendant: (a) From a final judgment of conviction except as provided in Section 1237.1 and Section 1237.5. A sentence, an order granting probation, or the commitment of a defendant for insanity, the indeterminate commitment of a defendant as a mentally disordered sex offender, or the commitment of…
Read MoreIf Prosecutors Unlawfully Withold Evidence From You In Your Case You May Have Grounds For A New Trial Or Even A Dismissal
If Prosecutors Unlawfully Withold Evidence From You In Your Case You May Have Grounds For A New Trial Or Even A Dismissal There are many instances in which prosecutors engage in the unethical practice of law. One common unethical practice prosecutors engage in is the withholding of evidence that is favorable to the defense in criminal cases. In such cases, prosecutors face the possibility of being disbarred from the practice…
Read MoreWhat Can I Do If My Son Was Wrongfully Convicted Of A Crime And He Was Sentenced To Prison?
What Can I Do If My Son Was Wrongfully Convicted Of A Crime And He Was Sentenced To Prison? If your son has already been sentenced, then he has only sixty days in which to file a notice of appeal. This will preserve his right to appeal his conviction and sentence. You should retain an experienced appellate lawyer at Wallin and Klarich to help you. When a person has been…
Read MoreAs Wallin And Klarich Predicted, Bustamante’s Attorney Demands In Motion To Dismiss Charges Due To DA’s Prejudicial Comments
As Wallin And Klarich Predicted, Bustamante’s Attorney Demands In Motion To Dismiss Charges Due To DA’s Prejudicial Comments "The DA's Prejudicial Comments Against Bustamante are Unethical," Explains Paul Wallin The day that the DA chose to conduct a news conference when they arrested Bustamante for numerous sex offenses, leading Orange County criminal defense attorney Paul Wallin was asked to go on 1150 AM radio on the David Cruz program to…
Read MoreThe Evidence Suppressed by a Judge can be Used Against You at a Probation Violation Hearing
The Evidence Suppressed by a Judge can be Used Against You at a Probation Violation Hearing Does that seem fair? Imagine this scenario: The police violate your constitutional rights when you are arrested on a new drug charge. You hire the experienced Riverside criminal defense attorneys at Wallin and Klarich, and they file a motion to suppress the evidence against you pursuant to Penal Code Section 1538.5. Your lawyers argue…
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