San Francisco & Bay Area Criminal Defense Lawyers

In United States v. Edwards, 2014 WL 3747130 (9th Cir. July 31, 2014) the United States Court of Appeals for the Ninth Circuit addressed two issues: the first one was whether the stop of Edwards was only an investigatory stop or a de facto arrest and the second was whether there was enough reasonable suspicion for the police to stop and detain Edwards. The facts of the case are as follows: an anonymous call to the Inglewood Police Dept said that there was a young black male shooting at passing cars and entering the “Penny” liquor store. The anonymous 911 caller described the suspect as being 5’7’’ to 5’9’’ and wearing a black jacket and khaki pants. Police arrived at the described location and 75 feet away from the liquor store they saw Edwards who was 5’11’’ wearing a black long-sleeved shirt and grey pants. The police held Edwards at gunpoint and handcuffed him. They conducted a pat search of his person and discovered a .22 caliber handgun. The caller did not want to participate fu...

Written By: Paul J. Wallin , Senior Partner of Wallin & Klarich, A Law Corporation. If you have been convicted of a felony crime, you have options available to you. A guilty verdict does not necessarily have to be the final judgment. Many criminal convictions may be reversed or modified on appeal. I cannot stress enough the importance of conducting meticulous research before selecting an attorney to represent you.  Regarding trial lawyers, attorney Julia Jayne handles all of her cases fairly and ethically, she is also a tenacious fighter who will work vigorously to make certain that her clients obtain the justice they desire and deserve. If you were found guilty of felony charges because you were unable to retain a trial attorney of Ms. Jayne’s caliber, you may still have a second chance through an appeal. However, this time you must ensure that you conduct the adequate research necessary to select the right lawyer to handle your appeal. An attorney who is experience...

The California Supreme Court recently resolved the issue of whether a single act resulting in two strike-able felony convictions can be used as two strikes. In People v. Vargas , 14 Cal. Daily Op. Serv. 7786, 2014 Daily Journal D.A.R. 9070, Darlene Vargas was sentenced to a third strike under the three strikes law for her burglary conviction in 2008. Vargas had two prior convictions from 1999 for carjacking and robbery which were for the same act; Vargas pled guilty to carjacking and robbery in return for a plea deal of 3 years. For the 2008 burglary conviction the lower court counted the two convictions as two separate strikes for sentencing purposes. Under the three strikes law Vargas would have to serve 25 to life for the third strike. On Appeal, the California Supreme Court concluded that the 1999 conviction should only count for one strike. This meant that Vargas’ sentence should be calculated as a second strike rather than a third which would be consistent with the legislative i...

The Supreme Court of the United States in Abramski v. U.S . , 134 S.Ct. 2259 (2014) held that misrepresenting oneself as an actual firearms purchaser versus a “straw purchaser” was a material misrepresentation. Abramski was convicted of making a false statement that was material to the lawfulness of a firearm sale and making a false statement with respect to information required to be kept in the records of a licensed firearms dealer. The law in part reads that it shall be unlawful to “make any false or fictitious oral or written statement ..., intended or likely to deceive such [dealer] with respect to any fact material to the lawfulness of the sale or other disposition of such firearm.” 18 U.S.C. § 922(a)(6) Abramski purchased a handgun for his uncle who could legally own a firearm. The reason Abramski did this was so he could use his old police I.D. and obtain a law enforcement discount on the handgun. The form Abramski filled out was ATF Form 4473 which is required to be fill...

Summarized beautifully in this blog: http://justsecurity.org/12219/scotus-cell-phone-searches-digital/

California Penal Code §1203.4a provides that an individual convicted of a misdemeanor, who is not granted probation and who is not serving a current sentence for any offense may withdraw his plea of guilty or nolo contendere for the misdemeanor after one year has passed from the imposition of the judgment. During the one year the individual must have served and complied with the sentence of the court. After the imposition of the judgment the individual must also have “lived an honest and upright life and . . . conformed to and obeyed the laws of the land.” Under §1203.4a the individual will be eligible to be released “from all penalties and disabilities resulting from the offense of which he or she has been convicted.” The California Court of Appeals in People v. Hamdon , 225 Cal.App.4th 1065 (2014) interpreted that “all penalties and disabilities resulting from the offense” did not include California penal code § 290, which requires mandatory sex offender registration. The ...

Last week the Supreme Court of California ruled on whether a defendant can bring an “un reasonable self-defense” claim based on his delusional mental state at the time of the murder . In People v. Elmore the Court refused to give the jury an instruction of voluntary manslaughter based on an imperfect self-defense. The California Supreme Court Majority stated that, “California cases reflect the understanding that unreasonable self-defense involves a misperception of objective circumstances, not a reaction produced by mental disturbance alone.” The majority went on to give a definition between misperception and a delusion: “A delusional defendant holds a belief that is divorced from the circumstances. The line between mere misperception and delusion is drawn at the absence of an objective correlate.” In the instant case, the court concluded that the defendant Elmore was acting on a delusion devoid of any correlating facts when he attacked the victim. The facts of the case were as f...