The Supreme Court’s recent decision in Van Buren v. United States significantly narrows the reach of the Computer Fraud and Abuse Act’s prohibition against exceeding authorization to access information. Before Van Buren, courts were split on the reach of the Act; the...
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COVID19 ANNOUNCEMENT
If you or anyone you know has been accused of a crime related to the COVID19 outbreak, please contact our office immediately for a free consultation.
Primary Caregiver Diversion: How This California Law Looks Towards the Next Generation
When California Penal Code 1001.83 went into effect in January 2020, it was met with little fanfare. In some ways, this was surprising - the passage of 1001.83, or Primary Caregiver Diversion, was - and continues to be - transformative piece of legislation. Why?...
What is the Difference Between Corporal Injury on a Spouse and Domestic Battery in California?
Introduction California’s prohibition against domestic violence consists of two statutes: domestic battery under Penal Code section 243(e)(1) and corporal injury on a spouse under 273.5(a). Even though both statutes criminalize domestic violence, the offenses - and...
COVID-19, Compassionate Release, and the CARES Act: Prison Release in the Pandemic
At first glance, Death Row Records co-founder Michael Harris, notorious “Pharma Bro” Martin Shkreli, and Ponzi scheme king Bernie Madoff may not seem to have much in common. However, all three men recently sought to reduce their lengthy federal prison sentences...
Schemes, Scams and Swindles: Legal Challenges During the COVID Crisis (Law.com, The Recorder)
This article was originally published in the May 14, 2020 issue of Law.com's The Recorder, available here. Keith Middlebrook promised investors he was developing a cure to the coronavirus, and he claimed it was coming soon. He created a phony company, Quantum...
What Does the Ninth Circuit’s Holding in Miller Mean for Wire Fraud Prosecutions?
On March 20, 2020, the Ninth Circuit ruled in United States v. Miller, 2020 WL 1317275 (9th Cir.) that wire fraud requires the intent to deceive and to cheat, i.e., to deprive a victim of money or property by means of deception, overruling United States v....
What are we going to do about cash bail? It is unfair and discriminatory.
Monetary bonds are a disgrace in our criminal justice system. Here's a community taking action: http://chicagoreporter.com/a-community-solution-to-cash-bail/
California Supreme Court Rules that Conduct Alone is Insufficient to Support Finding of Ties between Subsets of Criminal Street Gang
The California Supreme Court held last month in People v. Prunty, S210234, that when the prosecution seeks to prove the street gang enhancement (Pen. Code, sec. 186.22(b)) by showing a defendant committed a felony to benefit a given gang, but establishes the...
Guest Blog: Why You Need to Do Your Research Prior to Hiring an Appellate Attorney
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...
Individuals Cannot Get Two Strikes for the Same Criminal Act Even if They are Convicted of Two Strike Felonies
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...