People v. Zapata: When Do Police Violate Your Rights After You Ask for a Lawyer?
People v. Zapata: When Do Police Violate Your Rights After You Ask for a Lawyer? If you are under arrest and tell law enforcement, “I want to speak to a lawyer,” that statement carries enormous legal weight. Police officers are required to stop custodial interrogation once you clearly invoke your right to counsel. In People v. Zapata, the California Court of Appeal made it clear: law enforcement cannot sidestep your…
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Bail in California: The Law Presumes Release — Not Jail
Bail in California: The Law Presumes Release — Not Jail If you or a loved one has been arrested in California, one of the most frightening moments often comes after the arrest — learning that bail has been set at an amount that makes release impossible. Many families assume there is nothing that can be done. That is simply not true. Under California law, pretrial release is the rule —…
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When Can a Minor Be Tried as an Adult in California?
When Can a Minor Be Tried as an Adult in California? Did you know that in certain circumstances, minors can be tried as adults in California? Understanding California's laws about when and how minors can be transferred to adult court is important for any family facing this situation. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free…
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Owing Victim Restitution? You Can Still Clear Your Record: What People v. Murphy Means for You
Owing Victim Restitution? You Can Still Clear Your Record: What People v. Murphy Means for You When you’re trying to rebuild your life after a criminal conviction, few legal tools are more important than Penal Code § 17(b) (reducing a felony to a misdemeanor) and Penal Code § 1203.4 (expungement). But many people—and unfortunately, some courts—believe that you cannot get these forms of relief if you still owe victim restitution.…
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Can My Lawyer Get My Criminal Case Dismissed If The District Attorney Waits A Long Time To File Charges?
Can My Lawyer Get My Criminal Case Dismissed If The District Attorney Waits A Long Time To File Charges? When the District Attorney waits many years—or even decades—before filing criminal charges, accused individuals often wonder: Can my lawyer get the case thrown out because the District Attorney took too long? A recent California Court of Appeal decision, People v. McInnis, provides an important look at how courts decide whether an…
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First-Time Restraining Order Violations: What You Need to Know
First-Time Restraining Order Violations: What You Need to Know When a court issues a restraining order, it carries the full weight of legal enforcement. Violating that order—even for the first time—can result in serious criminal charges that may lead to jail time, fines, and a permanent criminal record. Understanding the legal framework surrounding restraining order violations and the potential consequences is crucial for anyone facing these charges. Our experienced criminal…
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You Can Face Federal Criminal Charges If You Photograph Or Videotape The “Private Parts” Of Another Person Without Their Consent
Understanding Video Voyeurism Laws And How To Avoid Conviction: 18 U.S.C. § 1801 Cases In an era where cameras are everywhere and technology continues to advance, understanding federal privacy laws has become increasingly important. One significant piece of legislation that addresses privacy concerns is 18 U.S.C. § 1801, commonly known as the Video Voyeurism Prevention Act. This federal law specifically addresses the serious issue of recording individuals' private areas without…
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Can My Case Be Dismissed for Speedy Trial Violations?
Can My Case Be Dismissed for Speedy Trial Violations? In our criminal justice system, defendants have a constitutional right to a speedy trial. A recent California appellate court decision demonstrates how this protection works in practice and why having an experienced criminal defense attorney who understands these rights is essential. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich…
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The Difference Between Misdemeanors and Felonies in California
The Difference Between Misdemeanors and Felonies in California If you've been charged with a crime in California, one of the first things you need to understand is whether you're facing a misdemeanor or a felony. This distinction isn't just legal jargon—it can dramatically affect the penalties you face, your future opportunities, and how your case proceeds through the criminal justice system. Our experienced criminal defense attorneys at Wallin & Klarich…
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Veterans in California May Qualify for Military Diversion Without Proving Their Service Directly Caused the Offense
Veterans in California May Qualify for Military Diversion Without Proving Their Service Directly Caused the Offense In a recent Orange County case, a Marine Corps veteran was charged with four misdemeanor DUI offenses after a traffic stop. He applied for military diversion under California Penal Code §1001.80, which allows current and former service members to receive treatment instead of facing criminal punishment. The veteran submitted strong evidence, including discharge papers,…
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