Paul Wallin
For more articles and useful information regarding criminal defense and family law matters in California, visit the Wallin & Klarich main site at www.wklaw.com
Articles by Paul Wallin
November 19, 2009
The Prison Rape Elimination Act requires the Bureau of Justice Statistics to administer a complete and broad statistical evaluation and analysis of the occurrence and effects of prison rape every calendar year. It further specifies that the review and analysis shall be based on a random sample of no...
November 19, 2009
After pleading no contest to possession of cocaine base for sale, a man sought to withdraw his plea. His attorney however, did not make a motion to withdraw his plea, since he found that there was no good cause for such a motion. The defendant now appeals his conviction, saying that the court has ma...
November 19, 2009
In this day and age, millions of people are undergoing relationship dilemmas. Do not think that your situation is a unique and isolated occurrence. Many others are going through the same painful thing right now. Here are some pointers on how to at least try to save your once shared blissfulness.
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October 22, 2009
The Supreme Court´s last session dealt a blow to the rights of the accused. In a case decided last January (Herring v. United States), the Court held that evidence illegally seized as the result of a faulty warrant could still be admitted and evaluated by the jury. The Court reasoned that wh...
October 12, 2009
In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court reinterpreted the Confrontation Clause in the Sixth Amendment to bar the admission of certain hearsay evidence. California courts have subsequently refined the Supreme Court ruling to further limit evidence that may be admitted.
The...
September 16, 2009
In a recently released and much talked about opinion, the United States Supreme Court stated that post-conviction DNA testing was not a constitutional right. The decision, District Attorney´s Office for the Third Judicial District v. Osborne (2009 DJDAR 8847), sparked a firestorm of media cove...
August 15, 2009
A parent whose child is arrested for a crime in California experiences a wide range of emotions and is often left feeling helpless, overwhelmed, and as if options donīt exist - but they do. California juvenile defense attorney Paul Wallin offers advice to parents of juveniles who find themselves in the justice system.
August 25, 2009
As Child Support Awareness Month, August brings with it the chance for a parent with a suspended license for failing to pay child support the opportunity to have his or her license reinstated, but it is only available for a limited time, according to a recent press release. The "Get Back on the Road...
July 31, 2009
Divorce is acknowledged as one of the most stressful experiences that people can go through. All of the practical considerations aside, often emotive issues mean that communications between the two parties can become strained and, as a result, non-productive. Divorce mediation in California is valua...
July 31, 2009
In emergency cases quick decisions have to me made, and where the safety of a child or children is concerned emergency temporary jurisdiction comes into play.
When is Emergency Temporary Jurisdiction Implemented in a Californian Court?
A Californian court might see fit to exercise temporary ju...
July 31, 2009
Court must consider all relevant evidence, including post-probation conduct, when deciding whether to expunge a record of conviction. (People v. McClernon).
Under Penal Code section 1203.4, a defendant who has been convicted of a crime and granted probation is entitled to have his record expunged...
July 31, 2009
The Ninth Circuit Court of Appeals recently overturned a first degree murder conviction in US v. Begay (2009 DJDAR 7955). Begay was convicted of two counts of first degree murder and two counts of using a firearm during a crime of violence. The District Court imposed mandatory concurrent life senten...
July 09, 2009
The term īemancipation,ī when used in a legal context, describes a process by which a child is given certain adult rights prior to reaching the recognized legal adult age of 18 years.
Under child of age and reason custody rights, the emancipated child is no longer in the custody of his or her par...
July 07, 2009
Criminal law, prosecution and sentencing, as well as legal definitions of behaviors, can be interpreted and applied in more than one way. This can lead to a common sense of discrepancy for laypersons when defendants appear to be treated differently under the law. In actuality, though, the judicial p...
June 30, 2009
Sexual battery in California and similar charges are serious crimes, and the state of California has developed specific standards in pursuing these cases. However, it can be difficult to distinguish legitimate and serious cases from allegations that can ultimately damage the involved parties and the...
June 29, 2009
The state of California has provided residents the option to file restraining orders against anyone who represents a threat to an individual based on past behavior. A restraining order can have several very real effects on the individual it is filed against; not limited to a restriction of contact b...
June 12, 2009
In People v. Coon, the admissibility of a writing in court was addressed in relation to faxed copies of documents properly admitted per secondary evidence rule where no genuine dispute existed as to authenticity. The case of People v. Coon began with James Dale Coon being convicted of drug crimes in...
June 09, 2009
Everyone knows that speeding or running a red light or stop sign can result in being pulled over and given a traffic ticket for your brief slip in judgment. However, what most people arenīt aware of is that there are hundreds of California Vehicle Code sections you can violate every single time you ...
May 22, 2009
Everyone knows that speeding or running a red light or stop sign can result in being pulled over and receiving a traffic ticket for a momentary lapse in judgment. But did you know that there are literally hundreds of California Vehicle Code sections you can violate every single time you get in your ...
May 22, 2009
People v. Waldie Background
A jury convicted defendant Waldie of sex crimes in California on two counts of lewd and lascivious conduct against a child under the age of 14 years. On appeal, defendant claimed the court erred by permitting comment on defendant´s pre-arrest silence and his lack o...
May 06, 2009
United States Court of Appeal for the Ninth Circuit Rules that for Purposes of Miranda, Defendant not in Custody When Interrogated in Workplace Conference Room with Detectives for Over Two Hours
The United States Court of Appeal for the Ninth Circuit recently ruled that a defendant who was interv...
May 06, 2009
The Uniform Interstate Family Support Act (also known as UIFSA) lays out the guidelines by which child support orders can be modified and enforced across state boundaries. Different states have different laws on the books regarding how child support obligations should be handled. In interstate dispu...
May 06, 2009
Driving under the influence of alcohol is a very serious offense, and is even more severe for an underage DUI in California. The stern penalties for drunk drivers under the age of 21 with a 0.01 percent BAC are implemented to discourage under age drunk driving. The administrative license suspension ...
May 06, 2009
What is Paternity?
Paternity in California is the legal identification of the father of a child. If the parents are not married, legal paternity must be addressed by a court, even if one party admits they are father of the child and both parents are listed on the birth certificate. If the parents a...
April 27, 2009
In a case of critical importance to California criminal defense attorneys (and those persons facing criminal charges) the Court of Appeal, Second Appellate District has recently granted a stay in response to a writ filed in a case that our law firm is handling in regards to whether MySpace and Facebook can be compelled to turn over records pursuant to a subpoena which is validly served by a criminal defendant in a pending criminal case.
April 22, 2009
Divorce cases don't just involve the couple in question. Children and grandparents can often form a bone of real contention in the divorce process. Here's what you need to know about grandparents' custody and visitation rights in California:
California determines custody and visitation depending...
April 20, 2009
Relationships come and go, and divorce is the eventual outcome of over 50% of marriages in this country. Here's a quick overview of California divorce laws for your reference:
Grounds: In California, there are only two grounds for divorce: incurable insanity or irreconcilable differences. You ...
April 17, 2009
Election night 2008 was greeted with elation and disappointment by many. But the hair-thin defeat of Proposition 8 left many same-sex families reeling. What does Proposition 8 mean for same-sex couples?
In simple terms, Proposition 8 defines the word "marriage" in California to be a union betwee...
April 16, 2009
Domestic violence in California or any state in the context of family law matters can be one of the most important aspects of the case.
When one spouse claims that domestic violence has occurred they need to retain a lawyer promptly so the lawyer can file the appropriate legal papers to receive a...
March 03, 2009
Three-year old sonīs out-of-court statement implicating father in motherīs murder is deemed inadmissible as spontaneous statement
People v. Gutierrez Los Angeles County:
On October 1, 1996, Dawn Nakatani, defendantīs ex-girlfriend and the mother of his child, was beaten, strangled, and lef...