Criminal Law
Southern California Criminal Defense Blog 
Information about California Defense Law as well as up-to-date news from the legal sector.
Post Frequency: 1.9/day Last Entry: November 20, 2009 at 10:00:00 Recent Entries: 667
By Walin & Klarich
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Petition for Factual Innocence Can Help Those Wrongfully Accused
Posted on November 20, 2009Many people are wrongfully arrested by law enforcement. Often the police officer makes an ?honest mistake? or the police officer may arrest a person wrongfully due to a faulty identification by a witness. In other cases, the police officer may arrest someone without probable cause in an attempt to harass or obtain information from a person...
California Court Rules that Search of a Computer Not Specifically Mentioned in Search Warrant, Violated Defendant's Rights
Posted on November 19, 2009Police obtained a warrant to search the property of a defendant thought to be a drug dealer. While in the house executing the search warrant, police officers decided to also search the defendant?s computer and discovered child pornography. As a result of the search of the computer, the homeowner was charged with unlawful possession of child pornography...
Lancaster Reckless Driving and DUI Lawyers
Posted on November 19, 2009Situated in Southern California?s Antelope Valley, the city of Lancaster is the ninth fastest growing city in the United States. It is no surprise then, that Lancaster is the eight largest city in Los Angeles County with an approximate population of 145,243...
A Person Who is Charged with Assault with a Deadly Weapon May Be Surprised When their Driving Privilege is Suspended for Life
Posted on November 18, 2009In some situations, being convicted of assault with a deadly weapon may result in serious penalties. Most people are generally aware of the potential consequences associated with a conviction for assault with a deadly weapon. A person convicted of assault with a deadly weapon may be unfortunate enough to get a lifetime suspension of driving privileges by the Department of Motor Vehicles...
United States Supreme Court to Decide Whether Locking Up Children for Life is Constitutional
Posted on November 17, 2009The United States Supreme Court is set to hear a wide variety of cases as it begins its new term. Among these cases, the Supreme Court will decide whether a sentence of life imprisonment without the possibility of parole imposed on juvenile offenders constitutes cruel and unusual punishment...
Pasadena Reckless Driving and DUI Lawyers
Posted on November 17, 2009The city of Pasadena is located in the San Gabriel Valley and is a bustling region of Los Angeles County. Known nationally for hosting the Tournament of Roses parade and the annual Rose Bowl Football game, Pasadena is also recognized for being a safe and diverse community...
California Law Seeks to Prevent Minors Drunk in Public
Posted on November 16, 2009It has been well established that minors will consume alcohol before they are legally permitted to at 21. Lawmakers in California hope a new law will help deter minors from not only drinking, but from being drunk in public. As of 2009, the California Courts will impose a suspension or delay of driving privileges on minors who are convicted of being drunk in public...
Some Big Cities Eliminate Criminal History Questions from Job Applications
Posted on November 15, 2009Employers face many decisions when deciding who to hire for a job. Undoubtedly one of these considerations is whether or not the prospective employee has had a criminal history. Currently many job applications ask criminal history questions. However across the United States, many big cities are starting to eliminate these types of questions...
A California Court Has Ruled that Prohibiting a Juvenile from Possessing a Firearm Does Not Violate the Second Amendment
Posted on November 14, 2009On appeal, a Defendant in California sought to overturn his conviction for gross negligence in discharging a firearm, possession of a firearm by a juvenile. The defendant in this case was previously made a ward of the juvenile court. As such, he was prohibited from possessing a firearm until the age of 30...
Do Criminal Defense Attorneys Have to Advise Immigrants of the Consequences to Their Immigration Status Before They Plead Guilty to a Crime?
Posted on November 13, 2009On Tuesday, October 13, 2009, the United States Supreme Court heard oral arguments in Padilla v. Kentucky in which the issue was whether criminal defense attorneys are required to advise their clients of the consequences to immigration status if he or she pleads guilty to a crime...
What is "Drunk in Public" Under California Law?
Posted on November 12, 2009California Penal Code 647(f) makes it a misdemeanor crime to be found in any public place under the influence of any liquor, drug or controlled substance if: (a) The person's public intoxication makes him or her unable to exercise care for his or her own safety or the safety of others; or (b) By reason of the public intoxication, the person "interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way...
Hollywood Reckless Driving and DUI Defense Lawyers
Posted on November 12, 2009The city of Hollywood is a renowned district in Los Angeles, California. Situated just west-northwest of Downtown LA, Hollywood is widely known for being the historical center of movie stars and movie studios. Some of the most prominent landmarks in Hollywood include the Hollywood Bowl, Grauman?s Chinese Theatre, Capitol Records, the Griffith Park Observatory, and the Shrine Auditorium...
Overhaul of Federal Immigration Detention Facilities
Posted on November 11, 2009On Tuesday, October 6, 2009, Federal Officials promised to do a comprehensive review of every contract and consider new agreements to reform the immigration detention system. Back in 2007, federal officials were to pay $51 million to expand the Mira Loma facility to house and additional 1,400 immigrants...
Are Treatment or Specialty Courts the Answer?
Posted on November 10, 2009In California, there are 217 ?problem-solving? courts. Many are Proposition 36 courts that treat non-violent but severely addicted drug offenders. Other courts are drug treatment courts for juvenile, parents in dependency court, and regular drug treatment court...
Valencia Reckless Driving and DUI Attorneys
Posted on November 10, 2009The city of Valencia is a planned community that along with three other communities, joined to form Santa Clarita, California in 1987. The region of Valencia is frequently used as filming locations for many TV series', past and present. Valencia is also recognized for its paseos, a network of walkways that connect the entire community without crossing streets at grade...
Criminal Defendant Wanted a Jury Instruction But Failed to Set Up the Proper Defense
Posted on November 09, 2009In May of 2009, in the County of Riverside, Michael Houston Chaffin was convicted of committing domestic battery. At his trial, the defendant argued that the trial court erred by refusing to instruct the jury on his affirmative defense. Meaning, the defendant argued that the judge made a mistake when he or she failed to instruct the jury ?on the right of a landowner to use reasonable force to eject a trespasser...
Prosecution Has Wide Discretion in Deciding What Criminal Charges to File, If Any
Posted on November 08, 2009In Orange County, California, Joel Miranda, has been indicted on gross vehicular manslaughter charges for killing a pedestrian while driving a vehicle under the influence of alcohol. Miranda's blood alcohol level was almost three times the legal limit, at 0...
Recent "Pulp Fiction" Writer's DUI Sentencing
Posted on November 07, 2009The Associated Press recently reported the following story: 'Pulp Fiction' writer sentenced in fatal DUI crash VENTURA, Calif. ? An Oscar-winning screenwriter of "Pulp Fiction" has been sentenced to a year in jail for causing a fatal traffic crash in Southern California...
Paving the Way for Not Guilty by Reason of Insanity?
Posted on November 06, 2009Recently CNN reported that Philip Garrido, the Northern California man who is accused of abducting Jaycee Lee Dugard, believed that he was able to speak to his neighbors and anyone in the world through a black box without speaking. Authorities claim that the Garridos held Jaycee Dugard captive for almost twenty years...
Mel Gibson Does His Best to Forget His 2006 Conviction for Drunk Driving
Posted on November 05, 2009Mel Gibson?s 2006 misdemeanor conviction for driving under the influence of alcohol never happened. At least according to his criminal record. Los Angeles County Superior Court Judge Lawrence J. Mira granted Actor Mel Gibson?s request to have his criminal record expunged...
Ontario Reckless Driving and DUI Attorneys
Posted on November 05, 2009The city of Ontario is a great contributor to San Bernardino County?s culture and prosperity. With an estimated population of 171,691 in 2000, it may not surprise many people that Ontario?s population has increased to almost one hundred times the size it was one hundred years ago...
Clean Your Record
Posted on November 04, 2009In todays world, employers are doing background checks on perspective employees looking for criminal records. It is more important then ever to make sure your record is as clean as possible. Many doors of opportunity may close if you do not clean up your criminal record...
Legality Of Stop And Search Of A Vehicle (Part 3)
Posted on November 03, 2009The concepts of "independent source" and "inevitable discovery" may serve to allow the introduction of illegally seized items into evidence. The prosecution must be able to show that the items discovered would have been inevitably discovered regardless of the illegal search or seizure...
Irvine Reckless Driving and DUI Attorneys
Posted on November 03, 2009As a major suburb in Orange County, the city of Irvine has an approximate population of 207,500. As the home of many Universities and situated within close proximity to popular beach sites such as Newport and Laguna, Irvine?s population is on the rise and receives many tourists on a regular basis...
Legality Of Stop And Search Of A Vehicle (Part 2)
Posted on November 02, 2009For the "exclusionary rule" to apply, the search and seizure must have been conducted by a peace officer or other "state agent." Evidence discovered by a non peace officer or private citizen does not fall within the protections of the exclusionary rule, and need not necessarily be suppressed...
Legality Of Stop And Search Of A Vehicle (Part 1)
Posted on November 01, 2009If it can be determined that law enforcement conducted an illegal search of a motor vehicle, that does not necessarily mean that the evidence which results must be suppressed. There are certain circumstances which trigger an exception to the "exclusionary rule...
Hofstra University Student Falsely Accused of Rape Return to School
Posted on October 31, 2009On Friday, September 18, 2009 a Hofstra University Student returns to school to after being falsely accused of rape. Authorities dropped charges and freed four men, one of which was a Hofstra student, hours after their accuser told law enforcement that she had made up the sexual assault...
Mental Disease or Defect in a Homicide Case
Posted on October 30, 2009When a person causes an unlawful killing of another human being with ?malice aforethought?, this is considered murder. ?Malice aforethought? is when the defendant had the intent to kill, the intent to cause serious bodily harm, consciously disregarded human life or committed a felony and a person was killed as a direct result of that felony...
Part 2 - In California, Speed Limits Are "Absolute" On Freeways, but "Presumed" Almost Everywhere Else
Posted on October 29, 2009ATTACKING OFFICER'S DETERMINATION OF YOUR SPEED When you are charged with exceeding a posted speed limit in an area where the limit is absolute, you are guilty if it can be determined that you drove over the speed limit. However, you are not without viable defenses...
San Bernardino Reckless Driving and DUI Attorneys
Posted on October 29, 2009As a main area of California?s Inland Empire, the city of San Bernardino is home to approximately 205,010 inhabitants. Within its stretch of 78.5 square miles in size, San Bernardino is the eighteenth largest city in California based on population. Situated at the foothills of the San Bernardino Mountains, San Bernardino draws visitors from all across California and from out-of-state...
Part 1 - In California, Speed Limits Are "Absolute" On Freeways, but "Presumed" Almost Everywhere Else
Posted on October 28, 2009There are two basic types of speed limits in California: Absolute Presumed Each type of speed-limit violation often requires a unique defense. It is key to hire an experienced attorney who understands each of the different types traffic violations. "Absolute" speed laws apply in a situation where you are driving on a highway where the maximum speed limit is 65 miles per hour...
Huntington Beach Reckless Driving and DUI Defense Lawyers
Posted on October 27, 2009Up and down the California coast, beautiful scenery blankets city after city. Huntington Beach, California is one such city that can truly be deemed picturesque. Housing a population of 192,620 as of July 2008, and measuring 31.6 square miles in size, Huntington Beach, commonly known as Surf City, welcomes a large number of tourists each and every year...
Driver Can Be Prosecuted and Convicted of Second-Degree Murder
Posted on October 27, 2009In the case of People v. Watson (1981) 30 Cal.3d 290, the California Supreme Court ruled that if a person drives a car in a manner demonstrating a conscious disregard for human life, this will constitute ?implied malice,? and the driver can be prosecuted and convicted of second-degree murder...
Prosecution's Burden to Justify a Warrantless Search or Seizure
Posted on October 26, 2009It is the prosecution?s burden to justify a warrantless search or seizure. People v. Williams (1999) 20 Cal. 4th 119. The defendant has the right to suppress evidence when the evidence is obtained by an illegal detention, arrest, or search in violation of both the United States Constitution and Cal Pen...
Once a Driver is in Custody, He or She Must Be Afforded the Protections of Miranda
Posted on October 25, 2009Once it can be shown that a motorist is ?in custody,? he or she must be afforded the constitutional protections of Miranda. It is settled amongst the courts that the safeguards prescribed by Miranda become applicable as soon as a suspect?s freedom of action is curtailed to a ?degree associated with formal arrest...
In Tough Economic Times, an Expungement of a Criminal Conviction Can Help
Posted on October 24, 2009Recent unemployment numbers out of California show the unemployment rate at 12 percent. Experts predict that the unemployment rate nationally will top 10 percent. In today?s competitive job market, the difference between being hired or passed over for a position often comes down to minor factors...
Withdrawing a Guilty or No Contest Plea
Posted on October 23, 2009An Experienced Criminal Defense Firm Can Help You Withdraw Your Plea At any time before judgment or within 6 months after an order granting probation, and if entry of judgment was suspended, the court may permit the withdrawal of a guilty plea in California and the entry of a not guilty plea upon a showing of good cause...
Felony Committed While Out On Bail or Released On Your Own Recognizance
Posted on October 22, 2009A defendant who is released on bail or on his or her own recognizance will face serious additional punishment if it is proven that he committed a new offense while his first case is still pending. Section 12022.1 provides that a defendant who commits a crime while released pending another criminal matter ?shall be subject to a penalty enhancement of an additional two years in state prison which shall be served consecutive to any other term imposed by the court...
Glendale Reckless Driving and DUI Defense Lawyers
Posted on October 22, 2009Located at the eastern side of the San Fernando Valley, the city of Glendale is a major part of Los Angeles County. With a population of 207,303 as of January 2009, Glendale is the third largest city in Los Angeles County. As with any bustling city, Glendale experiences its share of reckless driving arrests in which those who stand accused deserve to receive help from a skilled Glendale reckless driving defense attorney...
Get an Attorney for Your Child (Part 2)
Posted on October 21, 2009Often times, a criminal investigation or charge involving your minor child will result in an expulsion hearing at their public school. It is important to seek a competent and aggressive attorney for assistance. If the criminal charges arise from a school incident, this could trigger expulsion by the school district...
Get an Attorney for Your Child (Part 1)
Posted on October 20, 2009Your son or daughter is being charged with a crime in California. You do not know what to do or who to turn to for help. You are embarrassed or perhaps ashamed of your child?s conduct. The laws in Juvenile Court are very different than in adult court...
Chula Vista Reckless Driving and DUI Defense Lawyers
Posted on October 20, 2009Chula Vista is a beautiful California coastal city that spans 51.2 square miles in size. Housing a population of 217,478, and with over 20% population growth since the year 2000, Chula Vista finds itself home to more and more people each year, not to mention the large number of tourists that blanket Chula Vista?s streets and roadways year-round...
Does an Officer's Observations of Tinted Windows Provide Requisite Reasonable Suspicion to Justify a Stop?
Posted on October 19, 2009In People v. Butler, the court reversed appellant?s conviction for transporting cocaine, because the arresting officer lacked reasonable suspicion to stop appellant?s vehicle due to tinted windows. The court ?disagreed with the People?s suggestion that seeing someone lawfully driving with tinted glass raises a reasonable suspicion of illegality such that a reasonable inquiry is justified...
Conviction for Assault is Reversed Where the Judge Denied Defense Counsel's Motion for Separate Trials
Posted on October 18, 2009In People v. Earle, the trial court denied the defendant?s motion for separate trials. 172 Cal.App.4th 372 (2009). The defendant was charged with one count of misdemeanor indecent exposure and another count of felony assault in California. These counts occurred on different days, in different locations and with different victims...
An Accused Who Has Invoked His Right to Counsel is Protected
Posted on October 17, 2009It is a Wise Decision to Never Speak to Law Enforcement Until You Have Spoken to an Experienced Criminal Defense Attorney Once an accused has invoked the right to counsel, he may not be subjected to further interrogation unless the accused himself initiates further communication with the police...
Exigent Circumstances May Justify a Warrantless Entry into One's Home
Posted on October 16, 2009In some situations, a search may be found reasonable despite the lack of a warrant. However, to establish the presence of emergency or "exigent" circumstances, there must be a showing of necessity. People v. Sutton (1976) 65 Cal.App.3d 341, 351. Specifically, at the time the warrantless entry is made, there must be an ?imminent and substantial threat to life, health, or property...
The Fourth Amendment of the United States Constitution Prohibits Brief Investigatory Stops of Moving Vehicles without "Reasonable Suspicion"
Posted on October 15, 2009The Fourth Amendment of the United States Constitution prohibits brief investigatory stops of moving vehicles without ?reasonable suspicion? that its occupants have been, are, or are about to be engaged in criminal activity. The concept of ?reasonable suspicion? becomes extremely important when facing pending allegations of Driving Under the Influence of alcohol or drugs...
Riverside Reckless Driving and DUI Defense Lawyers
Posted on October 15, 2009With an approximate population of 311,575, Riverside is the biggest city in the Inland Empire Metropolitan Area. Located in Southern California, Riverside attracts many residents for its prime location 12 miles southwest of San Bernardino and 60 miles east of Los Angeles...
Protect Yourself from Being Arrested in Your Home
Posted on October 14, 2009In the case of People v. Ramey, 16 Cal.3d 263 (1976), the California Supreme court limited but did not prohibit the right of police officers to arrest a suspect in the home. The Court in Ramey held, ?in the absence of a bona fide emergency, or consent to enter, police action is seizing the individual in the home must be preceded by the judicial authorization of an arrest warrant...
New Court Ruling Results in Murder Reversal: The Criminally Accused Have a Right to Confront the Witnesses Against Them - Part II
Posted on October 13, 2009The California Third District Court of Appeal reversed a 2006 second-degree murder conviction. People v. Dungo, 2009 DJDAR 12630. In Dungo, the defendant was convicted and sentenced to 15-years-to-life for choking his girlfriend to death. This reversal came after Melendez, discussed in the previous blog...
Anaheim Reckless Driving and DUI Attorneys
Posted on October 13, 2009The city of Anaheim is located in Orange County and has an estimated population of 348,467. As the tenth most-populated city in California, Anaheim is also ranked the fifty-fourth most-populated city in the United States. Known for its theme parks, convention center, and sports teams, Anaheim is a favorable destination for tourists, which can greatly contribute to traffic on Anaheim roads...
New Court Ruling Results in Drug Conviction Reversal: The Criminally Accused Have a Right to Confront the Witnesses Against Them - Part I
Posted on October 12, 2009In Melendez-Diaz v. Massachusetts, the defendant was convicted of drug possession. 129 S.Ct. 2527 (2009). The conviction went all the way up to the Supreme Court of the United States. The Supreme Court reversed the defendant?s drug conviction because the trial court violated the defendant?s Sixth Amendment rights...
Confessions and Admissions that are Product of Illegal Search are Subject to Suppression in Court
Posted on October 11, 2009Depending upon the facts of your case, your confession and/or admission may be inadmissible if the statements were the product of an illegal search. However, the defendant must show a relationship between the unlawful search and the defendant?s statement...
Medical Marijuana Card Does Not Necessarily Protect Against Vehicle Search
Posted on October 10, 2009An officer with probable cause to search is not prevented from doing so by someone presenting a medical marijuana card or a medical marijuana prescription. Various courts have held that, once the officer has probable cause, the officer is entitled to continue to search and investigate, and determine whether the subject of the investigation is in fact possessing the marijuana for personal medical needs, and is adhering to the eight-ounce limit on possession.
Impound and Inventory of a Vehicle (Part 2)
Posted on October 09, 2009The United States Supreme Court case of South Dakota v. Operman, 427 US 364 (1976) set for the following criteria for the lawful impound and inventory of a vehicle: The vehicle must be lawfully in police custody. For example, following a traffic stop or lawful arrest of a driver...
Impound and Inventory of a Vehicle (Part 1)
Posted on October 08, 2009Generally, a police officer can seize any vehicle they have probable cause to believe contains illegal items or evidence of a crime. Once the vehicle has been "seized," police can then conduct a search at a police facility or impound lot. The California Vehicle Code details when a car can and cannot be impounded...
Santa Ana Reckless Driving and DUI Defense Lawyers
Posted on October 08, 2009The city of Santa Ana is the most populous city within the vast spread of Orange County with approximately 339,130 inhabitants. Situated along the Santa Ana River in Southern California, Santa Ana is only 10 miles from some of California?s most beautiful beaches...
Am I Eligible for a Certificate of Rehabilitation?
Posted on October 01, 2009Have you been convicted of a Felony in California, or been convicted of a Felony or Misdemeanor sex offense that requires you to register as a sex offender? If so, you may not have to carry the weight of your past on your shoulders anymore. With a Certificate of Rehabilitation, you can move on with your life...
San Diego Reckless Driving and DUI Attorneys
Posted on October 01, 2009San Diego is the eighth biggest city in population in the United States. Located in the Southwest area of California along the Pacific Ocean, San Diego is 372.1 square miles in size. With its closeness to beautiful beaches and other relaxing areas, San Diego is a major tourist center in the state of California...
U.S. Attorney Misconduct Leads to Another Overturned Conviction
Posted on September 30, 2009Why Having an Experienced Criminal Defense Attorney Can Make a Difference A U.S. District Judge recently ruled that supermarket mogul George Torres did not get a fair trial after it was discovered that the federal prosecutors failed to provide the defense with evidence that harmed the credibility of two key witnesses...
Crime Down in Los Angeles
Posted on September 29, 2009The Los Angles County Sheriff?s department announced this week that the overall crime rate in Los Angeles County has dropped in 2009! According to its statistics, property crimes dropped 11% compared to 2008. Moreover, homicides in Los Angeles County dropped 23...
Los Angeles Reckless Driving and DUI Defense Lawyers
Posted on September 29, 2009As the largest city in California and the second largest in the U.S., Los Angeles has much to offer its residents and the hundreds of tourists who visit throughout the entire year. Also known as the ?City of Angels?, Los Angeles had an estimated population in July 2008 of 3,833,995 occupying its 498...
Facebook Poll on Assassination of President Leads to Criminal Investigations: Why It's Never Too Early to Hire an Attorney
Posted on September 29, 2009The Secret Service is investigating an online survey that asked whether people thought President Obama should be assassinated. The poll was quickly taken off of the popular social networking site, Facebook, after company officials were alerted to its existence...
Getting a Governor's Pardon, Getting Your Life Back!
Posted on September 28, 2009Have you ever been convicted of a Felony, or of a Misdemeanor Sex offense in California? Are you embarrassed by your record and constantly reminded of your mistakes? Do you wish to have your rights restored? Such as being able to serve on a jury, or being employed as a state parole officer or as a county probation officer? Do you want to be able to own or possess a firearm? If so, a Governor?s Pardon is what you are looking for...
Defendant Convicted of First Degree Murder Has Sentence Overturned Based on Insufficient Evidence
Posted on September 27, 2009Why You Need an Experienced Criminal Defense Lawyer on Your Side 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...
Serious Criminal Case Dismissed in Riverside County Due to Lack of Courtrooms
Posted on September 26, 2009On March 7, 2006, Tony Wagner and his friend, Scott lamb, went into a residence occupied by Jerry Jackson in the city of Hemet, California, which is located in Riverside County. They were accompanied by Jackson?s ex-girlfriend, Celeste Trzepacz, who wanted to get her dog back form Jackson...
Under California's Felony Murder Rule, an Unarmed, First-Time Offender Served 29 Years in Prison for Waiting in a Getaway Car During a Robbery
Posted on September 25, 2009Connie Keel was charged with first-degree murder for participating as an aider and abettor in the robbery of a liquor store that resulted in the death of the store clerk. Keel was convicted of murder in California at her 1981 trial, even though she was never accused of killing anyone with her own hands...
More on WIT Court ? Once Accepted into WIT Court, What Are the Benefits?
Posted on September 24, 2009The last two days, we have been blogging on WIT Court. But I am sure most readers are wondering; what is the benefit of being in this program anyway? A participant is accepted into WIT Court program after pleading guilty to a non-violent criminal offense...
Simi Valley DUI and Criminal Defense Attorneys
Posted on September 24, 2009As Ventura County?s third biggest city, Simi Valley had an estimated population of 126,300 in August 2009. Located in Southern California, Simi Valley is considered to be quite hidden by hills and mountains, but that doesn?t stop new inhabitants from joining the community...
More on WIT Court ? How You or Your Loved One Can Get Accepted into this Program
Posted on September 23, 2009"WIT" Court or "Whatever it Takes Court" is a collaborative court program that seeks to aid those who are mentally ill and on the verge of homelessness to stabilize their life through treating the mental illness. As mentioned in yesterday?s post, to be eligible for the program the defendant must have (1 )a ?serious and persistent? mental health disorders, (2) must be homeless or on the verge of homelessness and (3) must have ?non-violent? charges...
Van Nuys DUI and Criminal Defense Attorneys
Posted on September 22, 2009The city of Van Nuys occupies the center of the San Fernando Valley region of Los Angeles. Its main street, Van Nuys Boulevard, is known for its vast array of car dealerships. The TV show Beverly Hills 90210 was filmed on a set in Van Nuys. The city had an estimated population in 2000 of 136,443 people...
"Whatever it Takes" Court or "WIT" Court Helps Those Who Committed a Crime Because of a Mental Illness
Posted on September 22, 2009An Experienced Criminal Defense Lawyer is Knowledgeable About All Rehabilitative Court Programs Whatever it Takes or WIT Court is a collaborative court program similar to DUI or Drug Court in Orange County. However, unlike DUI or Drug Court, WIT is a judicial construct, not a legislative one...
Bail Explained
Posted on September 21, 2009How an Experienced Criminal Defense Attorney Can Save You Thousands of Dollars After a person is arrested and taken into custody, at the first appearance before a judge they have a right to a ?bail hearing? where the amount of bail is set. When a defendant makes ?bail? this means they are giving a specified amount of money to the court in exchange for being let out of jail with a promise that they will return to court at their next scheduled appearance...
Encounters With Police - Know Your Rights to Avoid Arrest and Conviction
Posted on September 20, 2009Street encounters with police occur with varying degrees of coercion. An encounter with police is best understood by breaking it down into three categories: Where a citizen feels "free to leave" and terminate the encounter at will. Here, there has been no "detention" under the law...
Community is a Haven for Sex Offenders
Posted on September 19, 2009An Experienced Criminal Defense Firm Will Do Everything Possible in Order to Prevent their Client from Having to Register as a Sex Offender Antioch, a small community outside of San Francisco, has recently been making national headlines for being the home of over 100 sex offenders...
O.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge
Posted on September 18, 2009A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, including stalking, possession of a destructive device with intent to injure, possession of a homemade deadly weapon and possession of a loaded firearm in public...
Kidnapped Girl Found 18 Years after Being Abducted
Posted on September 17, 2009An Experienced Criminal Defense Attorney Will Take All Steps Necessary to Neutralize Any Prejudice a Criminal Defendant Faces in the Press While Diligently Defending Against Serious Charges A report filed by Elizabeth Espinosa for KTLA.com details the incredible story of a 29-year-old girl who was recently found after being kidnapped and held captive for 18 years...
Torrance DUI and Criminal Defense Attorneys
Posted on September 17, 2009Located within the lively expanse of Los Angeles County, Torrance had an estimated population of 140,820 in July 2008. Torrance?s population is sure to keep growing as more and more people are drawn to convenient access to beaches, pleasant weather, secure communities, and successful businesses...
A Father Who Faces Murder Charges Also Faces a Prejudiced Jury
Posted on September 16, 2009An Experienced Criminal Defense Attorney Will Negate Any Prejudicial Effect and Fight for Your Right to a Fair Trial There are two sides to every story. A trial was held when a man pled not guilty to allegedly throwing his daughter off a 120-foot cliff to avoid paying child support...
Legislature Passes Reducing Offense to Infraction for Office Sports Betting Pools
Posted on September 15, 2009You no longer can be thrown in jail for taking part in that office betting pool when March Madness or Super Bowl comes around. In early August Governor Schwarzenegger signed a law that changes the penalty for participation in a non-commerical or an office ?sports betting pool? from a misdemeanor, punishable by fines up to $1,000, to an infraction, punishable by a fine not to exceed $250...
Palmdale DUI and Criminal Defense Attorneys
Posted on September 15, 2009The city of Palmdale has grown immensely as a city located in the northeast region of Los Angeles County. Palmdale had an estimated population of 151,346 in January 2009, drawing new residents to live close to the stunning San Gabriel Mountain range. As a city that is mostly full of family communities, Palmdale?s growth and popularity has made it California?s largest desert city...
A Court May Consider a Dismissed Charge When Imposing Probation Conditions
Posted on September 14, 2009An Experienced Criminal Defense Attorney Knows How to Argue Against Facts Underlying a Dismissed Charge A California appellate court has recently held that trial courts have broad discretion in granting or denying probation and imposing probation conditions...
Vehicle Searches Incident to Arrest
Posted on September 13, 2009Evidence from Warrantless Vehicle Search Incident to Passenger?s Arrest is Suppressed where Defendant was Inside Patrol Vehicle when Searched Defendant, Gonzalez, was convicted of Possession of a Firearm and Ammunition. This conviction resulted when a firearm was found during a June 19, 2006 traffic stop of a car in which Gonzalez was riding...
LA Man Found Guilty of Second Degree Murder instead of First Degree Murder for the Killing of a USC Film Student
Posted on September 12, 2009A Skilled Defense Attorney Can Prevent a Defendant from Facing the Death Penalty or Life without Parole The man who invoked fear and uneasiness throughout the USC campus and surrounding community has been found guilty of second degree murder by a Los Angeles court, according to the latimes...
Statute of limitations for Filing Grand Theft Charge Commences when Government Entity with Duty to Investigate and Report Crime Discovers Offense
Posted on September 11, 2009Penal Code section 801.5 provides that prosecution of certain offenses, including grand theft, fraud and perjury, ?shall be commenced within four years after discovery of the commission of the offenses . . . .? (emphasis added). Section 803, subdivision (c), provides that the four-year statute of limitations ?does not commence to run until the discovery of [the] offense ...
Lancaster DUI and Criminal Defense Attorney
Posted on September 10, 2009Lancaster is located in Southern California?s Antelope Valley and is the ninth fastest growing city in the United States. With an estimated 145,243 residents living in the city in 2008, Lancaster is the eighth largest city in Los Angeles County. The city draws national and local companies in from many different types of businesses and industries...
Severe Penalties Associated with Driving Under the Influence Emphasizes the Necessity of Hiring an Experienced Criminal Defense Attorney
Posted on September 10, 2009Arrests for Driving Under the Influence (DUI) continue to rise in California. Along with the increase number of arrests, the penalties associated with a conviction continue to escalate. California Vehicle Section 23152 states that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle...
From Misdemeanor Drunk in Public to Felony Escape of Police Custody
Posted on September 09, 2009An Experienced Criminal Defense Attorney is the Only Place to Turn to Avoid a Lengthy Prison Stay Unfortunately for many people, criminal charges tend to follow after a night of drinking. Such was the case for a 24 year old man arrested on August 3, 2009...
A Drinking and Driving Complaint May Give Rise to a Warrantless Search of Your Home
Posted on September 08, 2009An Experienced Criminal Defense Attorney Will Protect Your Right from a Warrantless Search of Your Home Any person can call law enforcement and complain to tell them that a person is drinking and driving. If a complaint names the suspected drunk driver, law enforcement may be able to go the house of the named suspect and lawfully search the home without a warrant...
Pasadena DUI and Criminal Defense Attorneys
Posted on September 08, 2009Located within the vast spread of Los Angeles County, Pasadena is a diverse city mostly known for putting on the nationally viewed Tournament of Roses parade and the annual Rose Bowl Football game. With an approximate population of 146,518 reported in 2007, Pasadena is the sixth largest city in LA County and has attracted many new residents and returning visitors as a cultural hot spot in the San Gabriel Valley...
Officer's Have Heightened Duty to Confirm an Anonymous Tipster's Information
Posted on September 07, 2009An Experienced Criminal Defense Firm will Expose a Lack of Reliability from an Anonymous Informant An anonymous tip, standing alone, seldom will exhibit sufficient indicia of reliability to support reasonable suspicion for an investigatory or traffic stop...
Courts Give a Presumption of "Reasonable Suspicion" Established from a Citizen Informant's Statements
Posted on September 06, 2009An Experienced Criminal Defense Attorney Knows How to Effectively Rebut this Presumption As discussed in the blog yesterday, a person who tips officers to suspected criminal conduct is called an ?informant.? A citizen informant generally gains knowledge of an alleged criminal offense by being either a witness or a victim...
A Traffic Stop Based on an Anonymous Informant's Tip Must Be Reliable to be a Legal Stop
Posted on September 05, 2009Why You Need a Criminal Defense Attorney Who Knows Search and Seizure Laws In order to conduct a legal traffic stop, an officer must have what is called ?reasonable suspicion? to stop the car. Often, officers will rely on a tip they received from someone who may know the suspect, one who may have seen the suspect engage in an illegal activity, or a person with a hunch to create the requisite reasonable suspicion...
Conviction Reversed and Defendant Wins New Trial After Appeal is Granted: You Have the Right to a Fair Trial
Posted on September 04, 2009The California Court of Appeal in People v. Hernandez found that when an armed sheriff stood behind the defendant while the defendant was testifying this violated the defendant?s right to a fair trial. An experienced defense attorney knows that there are many factors a court may not consider in ensuring the defendant?s right to a fair trial...
Do Standardized Field Sobriety Tests Accurately Assess a Driver's Mental and Physical Impairment?
Posted on September 03, 2009During a California DUI detection process, the officer screens (or tests) a driver prior to making an arrest decision. The pre-arrest screening phase starts out with the administration of the standardized field sobriety tests. These tests are said to be designed to assess a driver?s mental and physical impairment...
Hollywood DUI and Criminal Defense Attorneys
Posted on September 03, 2009Hollywood is a well-known district in Los Angeles, California located just west-northwest of Downtown LA. Hollywood is most known for being the historical center of movie stars and movie studios. A few out of many landmarks in Hollywood include the Hollywood Bowl, Capitol Records, Grauman's Chinese Theatre, the Shrine Auditorium, and the Griffith Park Observatory...
Supreme Court Rules that Juvenile "Strikes" Can be Used Under Three Strikes Law
Posted on September 02, 2009Why You Need an Experienced Three Strikes Criminal Defense Law Firm In the recent case of Superior Court v. Nguyen held that a juvenile who was adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California Three Strike Laws will count as a strike if that juvenile offender commits another felony...
Inconsequential "Clues" Considered Together May Amount to Reasonable Suspicion of Criminal Activity
Posted on September 01, 2009Why You Need a Criminal Defense Attorney to Defend Your Rights During the course of an ordinary traffic stop, an officer may detect clues of an illegal drug crime in California. These clues, while seemingly inconsequential, when considered in the aggregate, may provide the additional reasonable suspicion required to detain an individual for further investigation...
Valencia DUI and Criminal Defense Attorneys
Posted on September 01, 2009Valencia, California is a planned community that along with three other communities, merged to form Santa Clarita, California in 1987. The area is extensively used as filming locations for many TV series', past and present. Some of these shows include The Power Rangers, NCIS, Weeds and Melrose Place...
Goleta Man Arrested in Craigslist Lure
Posted on August 31, 2009An Experienced Sex Crime Defense Attorney can Quietly Move This Case Through the Criminal System A Goleta Man who lured women to his home under the guise of a job posting to clean his home was arrested on suspicion of exposing himself, according to an article on the LATIMES...
Supreme Court Rules DNA Tests for Prisoners Not a Constitutional Right
Posted on August 30, 2009Why You Need an Experienced Criminal Appeals Attorney Fighting for You A report published on LATIMES.COM discussed the recent Supreme Court decision regarding the rights of prisoners to have crime samples tested for DNA. The important decision cleared the way for individual states to legislate the issue themselves as the Court found that there was no need for a constitutional amendment that would dictate the criminal court procedures for all 50 states...
Ineffective Assistance of Counsel is Cause to Withdraw a Plea When Counsel Failed to Have Defendant's Statements Excluded
Posted on August 29, 2009An ineffective assistance of counsel claim is one reason to withdraw a plea agreement. In order to prevail on an effective assistance of counsel claim, defendant must demonstrate that his counsel?s representation was ?deficient? and that deficiency caused a result that would not have happened but for the inadequate representation...
Double Jeopardy and Vehicular Homicide
Posted on August 28, 2009The California Supreme court determined in People v. Traylor, that a defendant could be tried under a second complaint for negligent vehicular manslaughter when the first complaint, vehicular manslaughter with gross negligence, had been dismissed. In California, even though the original charge had been dismissed, a second charge could be filed based on the exact same conduct...
Ontario Criminal Defense and DUI Attorneys
Posted on August 27, 2009Ontario is a flourishing city in San Bernardino County, California. Ontario?s population, which was estimated to be 171,691 in 2000, has increased to nearly one hundred times the size it was one hundred years ago. Today, it hosts a small international airport and an ECHL hockey team, the Ontario Reign...
OC Mom Admits Running High End Prostitution Ring
Posted on August 27, 2009An Experienced Criminal Defense Attorney Can Effectively Guide a Person through the Severe Charges They Face and Provide a Persuasive Defense A KTLA.COM news report has detailed the story of an Orange County mom who ran a high end prostitution ring. The mother of two pleaded guilty to money laundering and transporting a person from Orange County to New York City for purposes of prostitution...
What Standard is Used to Determine Whether an Officer Had Probably Cause to Arrest?
Posted on August 26, 2009Probable cause to arrest exists when the facts known to the officer and the inferences that can be fairly drawn therefrom would cause a reasonable and prudent person to believe that the suspect has committed a crime. Beck v. Ohio, 379 U.S. 89 (1964). In essence, probable cause is a reasonable belief that a suspect is about to commit, is committing, or imminently will commit a crime...
Chris Brown Setenced For Rhianna Assault - Avoids Jail Time
Posted on August 26, 2009CHRIS BROWN AVOIDS JAIL TIME DUE TO HIS WISE DECISION TO HIRE AN EXPERIENCED CRIMINAL DEFENSE LAWYER WHO KNEW ABOUT ALTERNATIVES TO JAIL TIME Singer and R&B star Chris Brown was sentenced yesterday for his February assault on his former girlfriend, pop star Rihanna...
California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part II
Posted on August 25, 2009A previous article began the discussion of how the California Supreme Court decided in March 2009 that immigrants facing deportation are no longer provided with the option of two common post conviction challenges. These include the legal procedures of a writ of habeas corpus and a write of error coram nobis, which provide post conviction relief if immigration consequences have been altered...
Irvine Criminal Defense and DUI Attorneys
Posted on August 25, 2009Located in Orange County, Irvine has an estimated population of 207,500. Irvine is home to many Universities and is located closely to popular beach sites such as Laguna and Newport. In 2008, Irvine was chosen by CNNMoney.com as the fourth best place to live in the entire United States due to its good housing, jobs, and schools...
California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part I
Posted on August 24, 2009The California Supreme Court ruled in March 2009 that immigrants who are facing deportation may no longer rely on two common post-conviction challenges: the legal procedures of a writ of habeas corpus or a writ of error coram nobis that provide post conviction relief if immigration consequences have been altered...
Can an Officer Just Stop You for Any Reason?
Posted on August 23, 2009Comments from a Traffic Ticket and Criminal Defense Attorney Officers may stop and detain a vehicle upon reasonable suspicion of any traffic offense, no matter how minor the offense. The scope of the initial traffic detention will depend on the reason for the initial stop, as well as the facts developed during the stop...
No Legal Obligation for a DUI Arresting Officer to Advise a Suspect of their Miranda Rights
Posted on August 22, 2009Comments From a California Criminal Defense Attorney The Courts have held that the questions asked by a police offer during a California DUI stop are asked before the person is in custody for purposes of Miranda. Meaning, in most instances, there is no legal obligation for an arresting officer to advise a suspect of their Miranda rights...
No Reasonable Suspicion is Required Prior to Asking for Voluntary Consent to Search a Vehicle at a Traffic Detention
Posted on August 21, 2009Most courts rule that no reasonable suspicion is required prior to asking for voluntary consent to search a vehicle at a traffic detention. (United States v. Burton, 334 F.3d 514, 2003). However, the prosecution carries a heavy burden to show that the consent was truly voluntary (United States v...
San Bernardino Criminal Defense and DUI Attorneys
Posted on August 20, 2009The city of San Bernardino stretches 78.5 square miles in size, and is part of California?s Inland Empire. Housing an estimated population of 205,010 as of 2006, San Bernardino is the 18th largest city in California based on population, and is located at the foothills of the San Bernardino Mountains...
Officers Must Have Facts Demonstrating a Sufficient Connection Between the Suspect and the Drugs to Find Possession
Posted on August 20, 2009Wallin & Klarich Defense Attorneys Elaborate To show that a suspect constructively possesses contraband and therefore may be arrested, an officer must have facts demonstrating a sufficient connection between the suspect and the drugs/contraband. This connection must be sufficient enough to infer that the suspect had both the power and intent to exercise dominion and control over the contraband...
California Law Allows All Arrest and Prosecution Records Sealed and Destroyed When a Petition for Factual Innocence is Granted
Posted on August 19, 2009Being arrested can be one of the most frightening and stressful experiences an individual can go through. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long lasting. However, under certain circumstances, the California Penal Code allows for all records of an arrest to be sealed and destroyed through a Petition for Factual Innocence...
Huntington Beach Criminal Defense and DUI Attorneys
Posted on August 18, 2009Located in Orange County, Huntington Beach, California is known for its picturesque beaches and preserved wetlands. With a population of just about 190,000 as of the 2000 United States census, Huntington Beach is 31.6 square miles in size. Commonly referred to as Surf City, Huntington Beach hosts a variety of surfing events each year, consequently drawing even larger crowds to it?s already much visited beaches...
Probable Cause to Arrest Does Not Necessarily Ensure a Conviction
Posted on August 18, 2009What an Experienced Criminal Defense Attorney Can Do For You There are numerous widely accepted sources of probable cause to arrest. Some of those include: Crime in the Officer's Presence: an officer can always arrest a person for a crime committed in the officer's presence, no matter how minor the crime...
Every DUI in California Will Trigger Two Separate and Distinct Cases
Posted on August 17, 2009Why you Need a DUI Attorney Most DUI arrests in California will trigger two separate and distinct cases: one, a criminal court case, and the other, an administrative matter with the Department of Motor Vehicles. In most DUI arrests the arresting officer will take away your driver?s license and hand you a pink sheet of paper entitled, ?Notice of APS Action and Temporary License?...
Several Grounds Give Law Enforcement Authority to Make a Misdemeanor Arrest
Posted on August 16, 2009Comments from a Wallin & Klarich Criminal Defense Attorney There are several grounds that give law enforcement authority to arrest for a misdemeanor offense. Both statute and common law give authority to arrest for a misdemeanor committed in the officer's presence...
Know the Rules of the Road: Failure to Yield Tickets Part II
Posted on August 15, 2009In a previous article, we provided some of the most common failure to yield traffic violations that drivers make the mistake of committing. Everyone knows that speeding or running a red light or stop sign can result in being pulled over and being given a traffic ticket for a momentary lapse in judgment...
Know the Rules of the Road: Failure to Yield Tickets Part I
Posted on August 14, 2009Being sighted for one of the many traffic violations in California associated with failing to yield can end up costing you hundreds of dollars in fines, a suspension of your license, and even a raise in car insurance premiums. To help prevent having to deal with these consequences, here are a few of the most common failure to yield violations to become familiar with...
Glendale Criminal Defense and DUI Attorneys
Posted on August 13, 2009Housing a population of 207,303 as of January 1, 2009, Glendale, California is the third largest city in Los Angeles County. Spanning 30.7 square miles, Glendale has an estimated population density of 6,770.6 people per square mile. Glendale is home to entertainment giants such as The Walt Disney Company and Dreamworks SKG, and multinational companies such as Nestlé...
Immigration Officers Arresting Suspected Illegal Aliens in Los Angeles Immigration Courtrooms
Posted on August 13, 2009A recent report in the Los Angeles Daily Journal indicates that in the last few months several suspected illegal immigrants were arrested inside downtown Los Angeles immigration courts while they waited for their court hearings to begin. One local Immigration attorney stated that these arrests are ?shocking?...
Paul Wallin Selected as One of Orange County's Top Defense Attorneys
Posted on August 12, 2009Senior partner Paul J. Wallin was selected as one of the top criminal defense attorneys in Orange County by OC METRO magazine in their August, 2009 publication after conducting a "comprehensive look at the men and women who are shaping and leading the important and vibrant law industry in Orange County...
Do I Really Know Who I am Talking to Online?
Posted on August 11, 2009Tips from a Criminal Defense Attorney It?s a question that you may ask yourself after hearing about men being arrested for having sexual relationships with underage girls that they met online. In one case, a man in his 50s portrayed himself as being in his early 20s, met a 14 year old girl online and began having an online relationship with her...
Chula Vista Criminal Defense and DUI Attorneys
Posted on August 11, 2009The southern San Diego County city of Chula Vista, California boasts a population of 217,478. The second largest city in San Diego County according to population, Chula Vista is 51.2 square miles size. With over 20% population growth since the year 2000, and its close proximity to the California coast, Chula Vista welcomes more and more people every year either as new permanent residents or tourists...
Why an Arresting Officer?s Failure to Give Miranda Warnings Will Not Result in a DUI Case Being Dismissed
Posted on August 10, 2009Tips From a DUI Attorney Miranda warnings are intended to prevent overreaching by law enforcement in situations that are deemed inherently coercive. This specifically applies to those law enforcement encounters in which there is a ?custodial interrogation...
Juvenile Strikes in California Count
Posted on August 09, 2009Why You Should Call a Juvenile Defense Attorney The recent case of Superior Court v. Nguyen held that a juvenile adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California?s Three Strike Laws will count as a strike if that juvenile offender commits another felony...
What You Might NOT Know About DMV Hearings
Posted on August 08, 2009Tips From a DMV Attorney Many people arrested for a DUI do not demand a DMV hearing in California within the required time limit and the result is that their driver?s license is suspended. Some people think that you have a choice between having a DMV hearing and having a Court hearing...
A Felony Arrest Will Be Deemed Unconstitutional in Violation of the Fourth Amendment if the Arrest is Not Supported by Probable Cause
Posted on August 07, 2009Insight from a Criminal Defense Lawyer An officer can generally arrest without a warrant for a felony in California not committed in the officer's presence. However, there must also be probable cause to believe that the felony was committed and that the suspect committed it, and the arrest must be in a public place...
Tension between Pretextual Stops and Profiling Stops
Posted on August 06, 2009Trained Perspectives From a Criminal Defense Attorney The pertextual rule of UNITED STATES v. WHREN (Whren v. United States, 517 U.S. 806, 1996) allows an officer to stop a vehicle any time the officer has reasonable suspicion of a violation, even if the officer has hopes or intentions of finding evidence of a more serious crime...
Riverside DUI and Criminal Defense Attorneys
Posted on August 06, 2009With an estimated population of 311,575 in 2008, Riverside, California is the largest city in the Inland Empire region of California, and the 12th largest city statewide. The United States Census Bureau reports that Riverside has a total area of 98.4 square miles, with a population density of 3,267...
How to Have Your Arrest Record Destroyed
Posted on August 05, 2009Insight from an Experienced Criminal Defense Attorney Many people do not realize that if you are arrested, even if the charges are dropped or never filed, the arrest will remain on your record. If you go to trial and receive a not guilty verdict, or have the conviction successfully expunged, the arrest will stay on your record as well...
The Power of Prop 36: Are you Eligible? Part Two
Posted on August 04, 2009In a previous article, we began our discussion regarding Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, which commands that qualified individuals convicted of CA nonviolent drug possession offenses be sentenced to probation and narcotics treatment as an alternative to incarceration...
Anaheim DUI and Criminal Defense Attorneys
Posted on August 04, 2009Anaheim, California, with its 348,467 residents, is the tenth largest city in California (based on population). Located in Orange County, Anaheim is 50.5 square miles in size, and is a popular Southern California tourist destination. Anaheim is well known for Disneyland, Disney?s California Adventure, and the Anaheim Convention Center...
The Power of Prop 36: Are you Eligible? Part One
Posted on August 03, 2009In this article and one to follow, the Substance Abuse and Crime Prevention Act of 2000, also known as Prop 36, will be discussed. This complex and most interesting proposition requires that eligible people convicted of nonviolent drug possession offenses in California be sentenced to probation and narcotics treatment instead of incarceration...
Distinguishing Between Investigative Stops and Arrests
Posted on August 02, 2009Perspectives From a Criminal Defense Attorney In distinguishing between an investigative stop and an arrest, courts consider a variety of factors, including: (a) display of weapons by officers; (b) presence of numerous officers; (c) physical restraint or touching of the suspect; (d) blocking a suspect's exit route; (e) use of handcuffs or other restraints; (f) tone of voice and authoritative commands; and (g) length and manner of the detention...
Minor in Possession Requires an Experienced Criminal Defense Attorney
Posted on August 01, 2009Are you a minor who was recently cited for drinking alcohol? If your answer is yes, you are not alone. There are many incidents that involve underage drinkers. It is illegal for anyone under the age of 21 to have any alcohol in their system. Maximum penalties can include License suspension for one year, fines, and could possibly affect school and employment...
?Reasonable Person Free to Leave? Standard Used to Determine if an Arrest Was Made
Posted on July 31, 2009To decide if an arrest was made, courts consider where "in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." (United States v. Mendenhall, 466 U.S. 544, 1980). An arrest must be based upon probable cause to believe that a crime was committed and that the arrestee committed it (Beck v...
Sobriety Checkpoints and Roadblocks in California
Posted on July 30, 2009What a Criminal Defense Attorney Can Tell You The United States Supreme Court has specifically approved the use of limited sobriety checkpoints. The Court in Michigan v. Sitz, 496 U.S.444 (1990) held that sobriety checkpoints must: (1) present only a slight intrusion; (2) operate according to a plan that limits participating officers' discretion; and (3) be aimed at curbing the problem of impaired drivers...
Santa Ana DUI and Criminal Defense Attorney
Posted on July 30, 2009Santa Ana, California is the most populous city in Orange County, with an estimated 2007 population of 339. If current estimates hold true, Santa Ana?s population will have grown to 355,662 by 2009. Santa Ana, according to the 2000 United States Census, is one of the most densely populated cities in the United States (of cities that have more than 300,000 people), with 12,471...
Facebook and Myspace Disclosure of Evidence that Holds a Defendant?s Innocence
Posted on July 29, 2009As the law offices of Wallin & Klarich work alongside attorney Robert C. Kasenow, II in defending the rights of our client accused of alleged sexual offenses, we have filed a petition for review with the California Supreme Court seeking evaluation of a lower court order...
Marijuana Possession Conviction Occurring Before Current Offense Does Not Negate Eligibility for Deferred Entry of Judgment
Posted on July 29, 2009Why Hiring an Experienced Criminal Defense Firm Can Assure You Are Given Access to All Available Court Programs Defendant, Oscar Armando Ochoa pled guilty to possessing cocaine after the trial court denied his motion to defer entry of judgment under penal code §1000...
Clearing Arrest Record After a False Arrest
Posted on July 28, 2009Lessons From a Criminal Defense Lawyer It is possible for an officer to unintentionally or unlawfully arrest a person? If an officer arrests a person without sufficient probable cause, this is often referred to as a "false arrest." The consequences of an improper arrest can include suppression of any testimonial statements by the suspect, suppression of physical evidence, and personal liability for the officer...
Long Beach DUI and Criminal Defense Attorney
Posted on July 28, 2009Long Beach, California is situated about 20 miles south of downtown Los Angeles. The second largest city in Los Angeles County, Long Beach boasts an estimated population of about 493,000 throughout its 65.9 square miles. Long Beach is home to the Port of Long Beach, one of the world?s largest shipping ports...
Know Your Rights: Students Are Protected from Strip Searches by School Officials
Posted on July 27, 2009The U.S. Supreme Court recently decided a strip search was illegal where a minor student was suspected of carrying Ibuprofen on campus. During an incident in 2003 at Safford Middle School, a student told school officials that Savana Redding was carrying the painkillers...
The Fourth Amendment and Consent to Search a Vehicle
Posted on July 26, 2009Whether Consent Given by Driver to Search Vehicle Was Given Voluntarily Requires Analysis by an Experienced Criminal Defense Attorney Who Understands the Fourth Amendment Voluntariness of consent to search must be analyzed under the Fourth Amendment and Article 1, section 5 of The United States Constitution "by examining the totality of the circumstances...
An Arrest Occurs When an Officer Deprives a Person of Liberty in a Significant Way
Posted on July 25, 2009Lessons From a Criminal Defense Attorney The traditional definition of arrest by an officer includes the following elements: (1) intent to arrest communicated by words or actions of the officer; (2) show of the officer's authority; (3) submission to custody or sufficient force to achieve custody by the officer; and (4) the person's understanding that he or she is under arrest...
9th District Federal Court of Appeals Reverses Murder Conviction After all State Courts Reject Appeal
Posted on July 24, 2009Why You Need a Highly Skilled Criminal Appeals Law Firm to Help You In a case decided on July 7, 2009, the 9th District Federal Court of Appeals reversed the murder conviction of Mohammend Ali due to the courts finding that the prosecutor had committed prejudicial error when he excused the only two black prospective jurors from the jury pool...
Court of Appeals Holds that Defendant is not Entitled to County Paid Experts at Sentencing Hearing
Posted on July 23, 2009In People vs. Stuckey, decided by the 3rd District Court of Appeals on July 9, 2009 the court held that a defendant who is facing sentencing does not have the right to court appointed experts. The court held that the right to court appointed experts exists only up to the time of jury trial...
San Diego DUI and Criminal Defense Attorneys
Posted on July 23, 2009San Diego is the eighth largest city in population in the United States. Located along the Pacific Ocean in the Southwest portion of California, San Diego is 372.1 square miles in size. San Diego?s economy is fueled by defense (home to the largest naval fleet in the world), manufacturing (home to companies such as Qualcomm Incorporated), and tourism (home to numerous points of interest that include the San Diego Zoo and Sea World)...
Pot Dispensary Owner Sentenced to Prison in Los Angeles
Posted on July 22, 2009Thoughts by a Wallin & Klarich Criminal Defense Attorney A Morro Bay pot dispensary owner was sentenced to one year and one day in prison by a federal judge in Los Angeles, according to a published report on latimes.com. Charles Lynch, 47, was prosecuted for illegally distributing marijuana from his Central Coast Compassionate Caregivers facility, despite having the blessing of Morro Bay?s mayor, city attorney and other civic leaders...
Esparanza Arsonist Sentenced to Death
Posted on July 21, 2009Commentary On the Conviction by a Wallin & Klarich Homicide Criminal Defense Attorney Raymond Lee Oyler was sentenced to death on June 6, 2009, according to a published report on the LA Times website. Oyler was convicted of setting the Esparanza blaze in 2006, which claimed the lives of 5 firefighters...
Los Angeles DUI and Criminal Defense Attorney
Posted on July 21, 2009As the largest city in the state of California and the second largest in the United States, Los Angeles is home to almost 3.8 million residents. Los Angeles is a hub of tourism and commerce within its 498.3 square miles and visitors from across the world who choose to become ?Angelinos? contribute to its diversity every day...
Man Arrested Trying to Smuggle Marijuana Ashore on Surfboard
Posted on July 20, 2009He Will Need an Experienced California Criminal Defense Attorney A Mexican national was arrested about 200 yards off of Imperial Beach by U.S. Border patrol officials, according to an article by Tony Perry on the June 9th, 2009 Los Angeles Times website...
Judge Dismisses Racketeering Convictions
Posted on July 19, 2009Wallin & Klarich Criminal Defense Attorneys Compliment the Successful Use of a Government Misconduct Motion A recent article in the Los Angeles Times describes the story of George Torres, a 52 year old supermarket mogul, who was recently convicted in a massive racketeering case and was awaiting sentencing in federal prison...
California Domestic Violence: What You Need to Know Part 2
Posted on July 18, 2009Why You Need a Skilled Criminal Defense Attorney In a previous article, California Penal Code § 243(e)(1), or ?simple domestic battery,? was discussed as one of the ways in which a person can be prosecuted for domestic violence in California. There are three ways someone can be prosecuted for domestic violence under California?s domestic violence laws and this article explains the remaining factors...
California Domestic Violence: What You Need to Know Part I
Posted on July 17, 2009Why You Need an Experienced Criminal Defense Attorney There are three ways someone can be prosecuted for domestic violence under California?s domestic violence laws. First, there is Penal Code § 243(e)(1), which is simple domestic battery. Second, there is Penal Code § 273...
San Bernardino Theft and Burglary Defense Attorneys
Posted on July 16, 2009San Bernardino, CA has an estimated population of 205,010 as of 2006, making it the 18th largest city in California (based on population). San Bernardino is part of the ?Inland Empire? and measures 78.5 square miles in size. The city is roughly 60 miles east of Los Angeles, and is located at the foothills of the San Bernardino Mountains...
Capital Punishment: You Cannot Proceed Without a Highly Experienced Criminal Defense Attorney
Posted on July 16, 2009A Corona man could face the death penalty after being charged Tuesday with two counts of murder and one count of attempted murder in the stabbing of his two young children and his wife. Prosecutors can file a special circumstances allegation of committing multiple murders, which makes someone eligible for the death penalty if the District Attorney chooses to seek capital punishment and you are convicted...
Attempted Lewd Act Conviction Did Not Require Police to Wait Until Defendant Actually Enter a Hotel Room With a Minor
Posted on July 15, 2009Jeffrey MacKanin, a California Department of Justice special agent supervisor who oversaw a Federal and State task force investigating child exploitation crimes, posed on line as a 13-year-old runaway girl named ?Hope.? On December 7, 2004 Arthur Crabtree, an attorney who sometimes acted as a ?Pro Tem Judge? and was once a city of Glendale Police Officer, contacted ?Hope? online...
Huntington Beach Theft and Burglary Defense Attorneys
Posted on July 14, 2009Huntington Beach, California is a coastal city located in Orange County. With a total area of 31.6 square miles, Huntington Beach, or ?Surf City? as it?s popularly referred to as, houses a population just shy of 190,000 (as of the 2000 United States census)...
Unlawful for Officer to Arrest without Probable Cause to Detain a Driver
Posted on July 14, 2009What an Experienced Criminal Defense Attorney Can Do for You An officer must see an objective violation of the law, or have reasonable suspicion that a crime is about to occur or has occurred, before an officer may detain an individual. Whren v. United States, 517 U...
Federal Court of Appeals Reverses Child Molest Conviction
Posted on July 13, 2009Criminal Defense Attorney Precluded from Asking Alleged Victim about Prior Statements about Sexual Matters On June 16, 2009 the 9th Circuit Federal Court of Appeals issued a critical ruling that anyone who is facing child molestation charges must be familiar with if they are going to be able to properly defend themselves from these serious charges...
Stages of the Criminal Process: Arraignment
Posted on July 12, 2009When a person is charged with a crime, the first formal legal process is the arraignment. The arraignment is a hearing before a judge where several important things occur. If a person is in custody, the arraignment must occur within two to three days...
Domestic Violence and Victim Restitution
Posted on July 11, 2009Why You Need to Protect Yourself Even After Disposition by Hiring an Experienced Domestic Violence Attorney If you are facing California criminal charges of domestic violence, it is important to know that there is more to your case than simply the sentence imposed by the court...
What it Means to ?Expunge? a Criminal Record
Posted on July 10, 2009If you have been convicted of a crime, the stigma associated with the conviction is something that can haunt you for the rest of your life. Having to check ?yes? on a job application when asked if you have ever been convicted of a crime is often enough to cost you the job, especially in these tough economic times...
Glendale Theft and Burglary Defense Attorneys
Posted on July 09, 2009Glendale, California is part of Los Angles County and located at the eastern end of the San Fernando Valley. Glendale has a population of 207,303 as of January 1, 2009, and is the third largest city in Los Angeles County. The city spans 30.7 square miles and it is estimated that Glendale has a population density of 6,770...
Know Your Rights: Even Minors Are Protected From the Tyranny of Illegal Searches
Posted on July 09, 2009The California Court of Appeal recently decided In re H.H. (2009 DJDAR 7935), a case involving a minor who was illegally searched after being pulled over for riding a bicycle without proper lighting equipment. When the minor was pulled over he was asked to ?step from the bicycle? at which time he took off the backpack he was wearing and said ?I am not on probation? and refused to give consent to search his person or his backpack...
California Sentencing Laws for Multiple Convictions Can Be Complicated
Posted on July 08, 2009Why You Need the Assistance of a Criminal Defense Law Firm Often, a defendant is charged with multiple crimes stemming out of the same incident. For example, a person involved in a bar fight may be charged with both disturbing the peace and assault in California...
Chula Vista Theft and Burglary Defense Attorneys
Posted on July 07, 2009Chula Vista, California is located in southern San Diego County. The city is the second largest in San Diego County according to population, and the 14th largest statewide in California (also in terms of population numbers). Chula Vista is 51.2 square miles in size, and houses a population of about 217,478 residents...
United States Supreme Court Rules that Police May Not Automatically Search the Car of Anyone They Pull Over for a Traffic Infraction
Posted on July 07, 2009Recently in Arizona v. Gant, United States Supreme Court ruled that it was not proper for officers to have the authority to automatically search the car of a person who is stopped over a traffic infraction. The court held that in order to justify a search, the police must either reasonably fear that the arrestee might have access to a weapon in the car or have a reasonable prospect of finding evidence of the crime that the driver committed...
Child Abuse Central Index ? Self Inquiry
Posted on July 06, 2009The Office of the Attorney General has a page on its website that allows those individuals who may be listed on the Child Abuse Central Index (CACI) to check their ?list status.? The page was added to the site to adhere to California Penal Code section 11170, which in pertinent part, explains that: (f) (1) Any person may determine if he or she is listed in the Child Abuse Central Index by making a request in writing to the Department of Justice...
Crime Down In Los Angeles and Other Parts of California
Posted on July 05, 2009An article in the Los Angeles Times discusses recent L.A. Sheriff?s statistics that show crime in Los Angeles and across Southern California has reduced in recent months. The reduction comes despite an economic downturn which has resulted in an unemployment rate in double digits, an imploded housing market, and the closing of countless businesses...
San Fernando Valley Doctor Convicted Of Selling Painkillers
Posted on July 04, 2009Masoud Bamdad, 55, was convicted of 13 counts of illegal drug distribution and faces a maximum sentence of more than 300 years in prison for improperly prescribing powerful painkillers to his drug-addicted patients and undercover DEA agents. Prosecutors portrayed Bamdad as little more than a common drug dealer...
Law Students Help Free Three-Strike Offenders
Posted on July 03, 2009A recent article in the Los Angeles Times discusses a clinic at Stanford Law School that focuses entirely on convicts who are serving extended sentences because of California?s Three Strikes Law. The students at this law clinic are devoting their time and effort to reversing what they view as miscarriages of justice under the California Law...
Riverside Theft and Burglary Defense Attorneys
Posted on July 02, 2009With an estimated population of 311,575 in 2008, Riverside, California is the largest city in the Inland Empire region of California, and the 12th largest city statewide. The United States Census Bureau reports that Riverside has a total area of 98.4 square miles, with a population density of 3,267...
19 Years to Life for ?Wall of Sound? Producer: He Will Need an Experienced Criminal Defense and Appellate Attorney
Posted on July 02, 2009The website thecalifornian.com reported in a story on May 29, 2009 that Phil Spector, 69, has been sentenced to 19 years to life for the murder of actress Lana Clarkson, 40, nearly six years after he shot her. Clarkson was found shot through the mouth in the famous music producer?s mansion in Alhambra...
Chris Brown to Face Rihanna In Court: He?ll Be Sure to Have an Experienced Criminal Defense Attorney
Posted on July 01, 2009The website seattlepi.com reported in an article on May 28, 2009 that prosecutors will be calling Rihanna, 21, as one of the witnesses at a preliminary hearing against R & B singer Chris Brown, 19, who faces assault charges. Rihanna?s lawyer, Daonald Etra, told new reporters that prosecutors have informed him that Rihanna, whose real name is Robyn Rihanna Fenty, will be receiving a subpoena to testify in June...
Anaheim Theft and Burglary Defense Attorneys
Posted on June 30, 2009Anaheim, California, with its 348,467 residents, is the tenth largest city in California (based on population). Located in Orange County, Anaheim is 50.5 square miles in size, and is a popular Southern California tourist destination. Anaheim is well known for Disneyland, Disney?s California Adventure, and the Anaheim Convention Center...
Sex Crime Conviction Reversed in Federal Court of Appeals
Posted on June 30, 2009Federal Court of Appeals Reverses Child Molest Conviction when Criminal Defense Attorney Precluded from Asking Alleged Victim about Prior Statements about Sexual Matters On June 16, 2009 the 9th Circuit Federal Court of Appeals issued a critical ruling that anyone who is facing child molestation charges must be familiar with whether they are able to properly defend themselves from these serious charges...
Roommate Suspected of Killing Man
Posted on June 29, 2009The website seattlepi.com reported on May 28, 2009 that police found a man stabbed to death in the 7400 block of Rainier Avenue South, and according to police they suspect that his roommate is the murderer. Police held a news conference to announce that they are searching for Valente Alvarez-Guerrero, 40 for his alleged role in the stabbing death of his roommate whose name was not released...
Appealing a Felony Conviction in California
Posted on June 28, 2009Felony Conviction Reversed when Prosecutors Fail to Turn Over Evidence to Defense: Why You Need an Experienced Criminal Appeals Lawyer to Win Your Case The Federal Court of Appeals has reversed the conviction of a defendant who had been found guilty of being a felon in possession of a firearm due to prosecutorial misconduct...
Protect Yourself Against Unreasonable Searches and Seizures
Posted on June 27, 2009Prosecution Has the Burden to Prove the Consent Given to Search Was Free, Voluntary and Unequivocal ? What a Criminal Defense Attorney Can Do for You The People have the burden of proof upon them to demonstrate affirmatively by a preponderance of the evidence that the consent to a search was free, voluntary and unequivocal...
California Probation Issues: Modification and Termination
Posted on June 26, 2009The Court Has Authority to Modify Probation at Any Time During the Probationary Term ?Success Requires the Knowledge and Skill of an Experienced Criminal Defense Attorney Penal Code section 1203.3 provides in pertinent part as follows: (a) ?The court shall have authority at anytime during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence...
Have Your Fourth Amendment Rights Been Violated?
Posted on June 25, 2009Will You Know When Your Fourth Amendment Rights Have Been Violated by the Police? ? You Need to Have a Business Card for a Wallin & Klarich Criminal Defense Attorney on You at All Times! Limited intrusions into personal privacy must comport with state and federal constitutional prohibitions against unreasonable searches and seizures...
Santa Ana Theft and Burglary Defense Attorneys
Posted on June 25, 2009Santa Ana, California is the most populous city in Orange County, with an estimated population of 339,555 as of 2007. If current estimates hold true, Santa Ana?s population will have grown to 355,662 by 2009. Santa Ana, according to the 2000 United States Census, is one of the most densely populated cities in the United States (of cities that have more than 300,000 people), with 12,471...
New California Court Of Appeal Decision Highlights the Need to Hire an Aggressive Criminal Defense Attorney
Posted on June 24, 2009The California Court of Appeal recently held that incriminating statements made by a defendant, after taking a fake polygraph test, and seeing fake test results, may properly be admitted into evidence. In the present case, a defendant was questioned by police about his involvement in a shooting violent crime which lead to the death of the victim...
Can a Judge Be Removed from Your Case?
Posted on June 23, 2009Getting Your Judge Removed From Case Just Got a Little Easier-Why You Need a Highly Skilled Criminal Defense Attorney Who Knows the Law on Your Side The United States Supreme Court in a 5 to 4 decision ruled recently that you can make a motion to have your judge removed from the case in certain circumstances...
Long Beach Theft and Burglary Defense Attorneys
Posted on June 23, 2009Long Beach, California is situated about 20 miles south of downtown Los Angeles. The second largest city in Los Angeles County, Long Beach boasts an estimated population of about 493,000 throughout its 65.9 square miles. Long Beach is home to the Port of Long Beach, one of the world?s largest shipping ports...
Reducing Your Felony Conviction to a Misdemeanor
Posted on June 22, 2009An Experienced Criminal Defense Attorney May Be Able to Obtain a Reduction of Your Felony Conviction to a Misdemeanor A court may hear a petition to reduce certain felony offenses in California to a misdemeanor at any time following the suspension of judgment and granting of probation...
Miranda Rights and Initiating Further Communication with the Police
Posted on June 21, 2009The United States Supreme Court has made it clear that an accused person who invokes his right to have counsel present during custodial interrogation may not be subjected to further interrogation by authorities without the presence of counsel, unless the accused initiates further communication with the police...
INS Agents Arresting Suspected Illegal Aliens in Los Angeles Courtrooms
Posted on June 20, 2009A recent report in the Los Angeles Daily Journal indicates that in the last few months several suspected illegal immigrants were arrested inside downtown Los Angeles immigration courts while they waited for their court hearings to begin. One local INS attorney stated that these arrests are ?shocking...
Big Bear and Needles Criminal Courts to Be Closed
Posted on June 19, 2009Criminal Courts in Big Bear and Needles to Close-Why You Will Need a Criminal Defense Law Firm in Barstow and Victorville to Help You With Your Case The San Bernardino County Courts have just advised that effective very soon, all criminal cases pending in the Needles or Big Bear courts will be transferred and heard in other San Bernardino Court locations...
San Diego Theft and Burglary Defense Attorneys
Posted on June 18, 2009San Diego, CA, located along the Pacific Ocean in the Southwest portion of California, is the eighth largest city in population in the United States. San Diego is 372.1 square miles in size, and enjoys a Mediterranean to Semi-arid climate year round. San Diego?s economy is fueled by defense (home to the largest naval fleet in the world), manufacturing (home to companies such as Qualcomm Incorporated), and tourism (home to numerous points of interest that include the San Diego Zoo and Sea World)...
Juveniles Facing Life in Prison Challenging Sentencing Based Upon Cruel and Unusual Punishment Provision of United States Constitution
Posted on June 18, 2009It was reported in the Los Angeles Daily Journal recently that there are over 2,000 juveniles in custody facing life sentences without the possibility of parole in the United States at this time. Two cases pending before the United States Supreme Court challenge the constitutionality of these harsh sentences for juvenile crimes...
What is Important in a California DMV Hearing?
Posted on June 17, 2009Do Not Take Your DMV Hearing Lightly, the Risks Are Too High ? Hire an Experienced DMV Hearing Attorney Generally, only 8% of people arrested for a DUI request a DMV hearing in California. Of these 8%, however, 34% of them actually keep their driving privileges as a result of demanding such hearings...
Los Angeles Theft and Burglary Defense Attorneys
Posted on June 16, 2009Los Angeles, CA is the second largest city in the United States in terms of population. Measuring in at 498.3 square miles, Los Angeles is a hub of commerce and tourism, and is home to over 3.8 million residents. Los Angeles is one of the most diverse cities in the world, with visitors from across the globe choosing to become ?Angelinos? everyday...
The Difference Between a Lawful and Unlawful Arrest Without a Warrant
Posted on June 16, 2009Arrest Without a Warrant Must Be Supported by Objective Facts Justifying a Reasonable Belief that an Individual Has Violated the Law ? What an Experienced Criminal Defense Attorney Can Do for You In order to justify an arrest without a warrant, the actions of the arresting officer must be objectively reasonable...
California Theft Crimes and Specific Intent: How a Skilled Attorney Can Win Your Case
Posted on June 15, 2009To a person unfamiliar with the law, theft in California may seem to be a very simple and easy-to-prove crime when in fact, it is not. To convict a person of theft, the prosecution must show beyond a reasonable doubt that a person took property that did not belong to him or her with ?the specific intent? to permanently deprive the true owner of that property...
Consequences of Underage Drinking and Possession of Alcohol
Posted on June 14, 2009Minor in Possession of Alcohol: You Need an Experienced Criminal Defense Attorney to Fight the Charges Are you a minor who was recently cited for drinking alcohol? Does your son or daughter face these charges? If your answer is yes, you are not alone...
Anonymous Tip Can Lead To A DUI Stop and Investigation
Posted on June 13, 2009The anonymous tip is becoming an increasingly annoyance to the drunken driver. More and more California DUI arrests are the result of another person making an anonymous phone call to police reporting what appears to be a drunk driver. Unfortunately, courts are becoming increasingly more lenient in the legal requirements necessary to initiate a police stop based upon an anonymous tip...
Educating Your Kids About the Law to Prevent Juvenile Crimes
Posted on June 12, 2009Being a parent can be overwhelming, especially knowing we are legally responsible for our kids? actions until they reach the age of majority. Eighteen is the age of majority is most states including California. While we do the best we can to teach our kids good morals and values, right from wrong, there might come a time when kids make the wrong choices...
A Vehicle Stop Can Be Based Solely On a Vehicle Code Equipment Violation
Posted on June 11, 2009One of the most frequent causes of drunk driving arrests is being pulled over for something as trivial as a vehicle equipment violation. Some commonly cited equipment violations frequently used to justify a stop and subsequent DUI investigation include: defective headlight, taillight, brake light, absence of license plate, etc...
City of Orange Child Custody and Support Attorneys
Posted on June 11, 2009The City of Orange is located in Orange County, California with a population of over 138,000 in 2005. Orange is known for its charming downtown area with houses build before 1920, reflecting its town motto, ?A slice of downtown charm?. As home to thousands of businesses, ranging from major Fortune 500 companies to family-owned stores, Orange is home to the oldest university in Orange County, Santiago Canyon College...
Grounds for Being Convicted of Receiving Stolen Property
Posted on June 10, 2009A California Appellate Court affirmed once again that a person convicted of theft in California cannot also be convicted of receiving stolen property when the property in question is the property of the theft. The courts have long recognized that a crime of theft and/or robbery is the taking of personal property of another...
California's Secondary Evidence Rule (Part 2)
Posted on June 09, 2009Continued here is a discussion of People v. Coon in which the admissibility of writing in court, such as faxed documents, calls for analysis under the Best Evidence Rule, referred to as the Secondary Evidence Rule in California. James Dale Coon challenged his charges in a California appeal based on the argument that the trial court prejudicially erred in admitting faxed copies of certified court records to determine he was on bail when he committed the crimes...
Alameda County Child Custody and Child Support Attorneys
Posted on June 09, 2009Alameda County, CA occupies most of the East Bay region of the San Francisco bay area, and measures around 737 square miles. Alameda County is the 7th largest county in the state of California. In 2008, Alameda County?s population was estimated at 1,474,368...
California's Secondary Evidence Rule (Part 1)
Posted on June 08, 2009THE ADMISSIBILITY OF A WRITING IN COURT REQUIRES ANALYSIS UNDER THE BEST EVIDENCE RULE, KNOWN IN CALIFORNIA AS THE SECONDARY EVIDENCE RULE PEOPLE v. COON Faxed copies of documents properly admitted per secondary evidence rule where no genuine dispute existed as to authenticity...
Challenging the Justification for a Protective Order On the Basis of Insufficient Evidence
Posted on June 07, 2009The issue in People v. Ponce circulated around jurisdictional validity of the trial court's decision to issue a three-year protective order during sentencing. At defendant Ponce?s sentencing hearing, the prosecutor requested the court to issue a protective order for Lucero...
California Constitutional Rights: Being Approached Without Probable Cause or Reasonable Suspicion Doesn?t Justify Accosting an Officer
Posted on June 06, 2009Just because an Officer violates your Constitutional Rights doesn?t mean you can break the law. A California Appellate Court reasoned recently that if an officer approaches you without probable cause or reasonable suspicion and in violation of your Constitutional Rights, it doesn?t give you the right to accost or assault him or violate the law yourself...
911 Calls and Anonymous Tips are Enough for an Officer to Detain you and Conduct a Cursory Search for Weapons
Posted on June 05, 2009Recently a California Court of Appeals decision affirmed that an officer is not violating your constitutional rights if he stops you and searches you for weapons based on an anonymous tip, so long as that tip provides the officers with detailed information...
How is Driving Under the Influence of Drugs in California Different than Driving Under the Influence of Alcohol?
Posted on June 04, 2009Anyone who drives while using drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, DUID is prosecuted in much the same manner as driving under the influence of alcohol (DUI). However, unlike drunk-driving cases, there is no legal limit when it comes to driving under the influence of drugs in California...
Fresno County Child Custody and Child Support Attorneys
Posted on June 04, 2009Fresno County, California is the tenth most populous county in California, and is the sixth largest in size. It is home to an estimated 1,002,284 residents, and is located south of Stockton and north of Bakersfield. According to the 2000 census, Fresno County, CA is one of the largest, most diverse, and fastest growing counties in the state of California...
Family Law Attorneys and Divorce Lawyers in Los Angeles County
Posted on June 04, 2009Los Angeles County is a booming economic region within the country, providing employment for hundreds of thousands of families. Los Angeles County is the largest county by population in the United States at over 10 million people. With such a growing population, an increase in couples starting a family and calling Los Angeles County home is inevitable...
Los Angeles Child Custody and Child Support Attorneys
Posted on June 04, 2009Los Angeles is the largest city in California and the second largest in the United States. As a booming economic region within the country, it?s no wonder that Los Angeles is part of the largest county by population in the United States at over 10 million people...
California Threshold Blood Alcohol Content Lowered for Drivers With Prior DUI Offense
Posted on June 03, 2009California recently lowered the threshold blood-alcohol content for drivers who have already been convicted of a DUI offense in California. Now, anyone on probation for driving under the influence can be judged as a repeat offender if found to be behind the wheel with any measurable alcohol on his or her breath...
Reckless Driving in California: Understanding the Law and What You Can Do if Accused
Posted on June 02, 2009Reckless driving, defined in Section 23103, is one of the most vaguely worded statutes in the California Vehicle Code. It states that ?[a]ny person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving...
San Bernardino County Child Custody and Support Attorney
Posted on June 02, 2009San Bernardino County, California is 20,160 square miles of valleys and mountains located in the southeastern part of California. It is the largest county by area in the United States, and is part of the Inland Empire. About 90% of the county is desert, with the remaining 10% consisting of the San Bernardino Valley and the San Bernardino Mountains...
California Sexual Assault Charges against 78 Year Old Respected Medical Doctor
Posted on June 01, 2009Recently a 60 year old patient has accused Dr. Horace Newhard, a family doctor who has been a medical doctor since 1973, of sexual assault in California. The patient alleges that during a medical exam of her vaginal area that the doctor "thrust something into her" and then she felt the doctor touch her breasts...
Vehicular Manslaughter Charges Filed in Death of Angels Pitcher
Posted on May 31, 2009According to an latimes.com report, Andrew Thomas Gallo, 22, of San Gabriel was charged with three counts of murder, hit and run, and drunk driving in Orange County for his alleged role in the death of 3 individuals: a promising Angel?s pitcher, a Cal State Fullerton communications student and an aspiring sports agent...
Tips for Victims of Identity Theft
Posted on May 30, 2009The office of the attorney general has published a page on its website dedicated to those who are victims, or suspect they may be victims, of identity theft. Identity theft is currently among the fastest growing crimes in America. It affected approximately 10 million victims in 2008 (a 22% increase from 2007)...
California DUI Deaths in 2007
Posted on May 29, 2009Drunken Drivers Generate No Shortage Of Grim Statistics: This Is Why You Need a Criminal Defense DUI Attorney According to the National Highway Traffic Safety Administration, in 2007 drunken drivers caused nearly 13,000 deaths in the United States, including 1,555 in California...
Orange County Federal Witness Tampering Charges Against Sheriff: Working to Appeal on Ethical Violations
Posted on May 28, 2009A United States District Court sentenced former Orange County Sheriff Michael Carona to five and half years behind bars on charges of federal witness tampering. United States District Court Judge Andrew J. Guilford made it clear on Monday that he considered Carona?s conviction on a single charge very serious...
Ventura County Child Custody and Support Attorneys
Posted on May 28, 2009Ventura County, California is located in Southern California and, like Orange County, is widely considered as one of the safest and most affluent counties in the country. One contributing factor to Ventura?s wealth is the presence of the ?Tech Coast? area, which houses many biotech, healthcare and telecommunications corporations...
California Non-DUI Alcohol-Related Offenses Part II
Posted on May 27, 2009There are literally hundreds of California Vehicle code sections that you can violate every single time you get into your car. This includes some laws that don?t even require you to be driving. A non-DUI alcohol-related offense can increase your car insurance premiums, cost you hundreds of dollars in fines, and even result in suspension of your license...
California Non-DUI Alcohol-Related Offenses Part I
Posted on May 26, 2009If you?ve been cited for one of the many violations dealing with non-DUI alcohol-related offenses, it could end up costing you hundreds of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. However, with a skilled attorney experienced in defending traffic tickets, you can fight your traffic ticket and win...
Riverside County Child Custody and Support Attorneys
Posted on May 26, 2009Riverside County, California is part of southern California?s Inland Empire. Its borders stretch from Orange County to the Colorado River on the California-Arizona border. Home to most of the Joshua Tree National Park, Riverside County is primarily a desert...
CA DUI Conviction Where Blood Alcohol Content is Below the Legal Limit
Posted on May 25, 2009To obtain a conviction under California Vehicle Code 23152(a), the prosecution must prove that: (1) defendant drove a vehicle; (2) while under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage and drug...
California Drug Possession Crime: ?Actual? Possession vs. ?Constructive? Possession
Posted on May 24, 2009The most important thing to keep in mind when dealing with a charge involving drug possession in California is an understanding that "ownership" of the substance has little bearing on the question of possession. California criminal drug crimes are based on violations of laws that do not take into account whether the substance found actually belonged to you or another person...
All Los Angeles County Courts to Close One Day a Month Due to Budget Crisis
Posted on May 23, 2009It was announced on May 19, 2009 by Los Angeles Superior Court officials that all Los Angeles County Trial Courts will be closed the third Wednesday of every month commencing July 15, 2009. This order is in effect until further notice. This decision was in response to an estimated 90 million dollar shortfall to keep the courts running...
Protection Under the Fifth Amendment Right against Self-Incrimination is Applicable to Defendant?s Pre-Arrest Silence
Posted on May 22, 2009In the case of People v. Waldie, harmless error was established where the prosecutor was allowed to comment on the defendant?s failure to return numerous calls by police prior to arrest. A jury had convicted defendant Waldie of sex crimes that amounted to two counts of lewd and lascivious conduct against a child under the age of 14 years...
Prosecution Rates Lowered by Budget Cuts
Posted on May 21, 2009Budget Cuts to Lower Prosecution Rates across California: What an Experienced Criminal Defense Attorney Can Tell You It the midst of America?s economic downturn, even state departments and government funded agencies are feeling the heat. District attorneys all over California have been buzzing about the upcoming budget cuts in their departments explaining that basically, less money means fewer prosecutions...
Orange County Child Custody and Support Attorneys
Posted on May 21, 2009Orange County, California is famous as a largely suburban area populated primarily by affluent and powerful people. Orange County is unique in that it is not identified by a large or dominant urban center, as there are no such areas in the county. There are many tourist attractions in Orange County, including Disneyland in Anaheim and excellent surfing conditions on its many beaches, especially those in the Huntington Beach area...
Multiple Charges for One Crime in California
Posted on May 20, 2009One Crime but Many Charges? What an Experienced Criminal Defense Attorney Can Do for You How can the government charge many crimes when it?s only one event? It?s done everyday. They will say its different theories of the same event. An example is the recent California case of People v...
Hearsay and Out of Court Statements in California: What your Criminal Defense Attorney Needs to Know
Posted on May 19, 2009You?re charged with a crime. Does victim identification always have to be confirmed in court? The answer is not always. In California one of the exceptions is in California Evidence Code 1240. That allows some out of court statements of a witness where the statement was made spontaneously while the declarant was under the stress of excitement caused by such perception...
Los Angeles County Child Custody and Support Attorneys
Posted on May 19, 2009Los Angeles County, California is the largest county by population in the United States at over 10 million people. There are countless attractions throughout LA County, from hiking and skiing in the mountains in the eastern and southeastern portions of the county to the beaches along the Pacific coast...
Orange County Felony Charges Against Couple
Posted on May 18, 2009Orange County Couple is Arrested in State?s Biggest Fraud Case Ever, and Need an Experienced Criminal Defense Attorney A Laguna Hills couple has been arrested on charges of alleged fraud in California of nearly $30 million in insurance premiums. 50-year-old Michael Vincent Petronella and his 44-year-old wife Devon Lynn Kile are facing 106 felony counts including conspiracy, insurance fraud, tax charges and theft and are facing up to 102 years in prison...
California Deportation for Drunk Driving
Posted on May 17, 2009Deportation for Drunk Driving? You Need an Experienced Criminal Defense Attorney A new court decision may allow persons convicted of drunk driving in California to be deported. On March 4, 2009, the United States Appeals Court for the 9th circuit decided the case of Marmolejo-Campos v...
California Robbery with Multiple Employees Present Influences Charges
Posted on May 16, 2009California Supreme Court Confirms Its Position on Robbery Issue, Meaning You Need an Experienced Criminal Defense Attorney The California Supreme Court recently clarified a conflict in the Court of Appeal concerning whether, for purposes of Robbery, all employees have constructive possession of the employer?s property while on duty and thus may be separate victims of the employer?s business...
California Division of Juvenile Justice
Posted on May 15, 2009The Department of Juvenile Justice (DJJ) is part of California?s criminal justice system that deals exclusively with the crimes and subsequent punishment and rehabilitation of our youth. Originally known as the California Youth Authority (CYA), the division began in 1943, providing training and parole supervision for juvenile and young adult offenders...
San Diego County Divorce and Family Law Attorneys
Posted on May 14, 2009San Diego County is the second most populated county in California. San Diego County is just north of the Mexican border and located near the Pacific Ocean. In 2008, the estimated population was 3,146,274. The county seat is the city of San Diego. Out of about 994, 677 households, thirty-four percent had children under the age of 18 living with them and fifty percent were married couples living together...
Juvenile Sex Crime Appealed
Posted on May 14, 2009Cursory Investigation of Potentially Exculpatory Evidence Amounts to Inadequate Assistance of Counsel for Minor ? Why You Need an Experienced Juvenile Defense Attorney When hiring a criminal defense attorney in California to represent your child, be sure he/she is competent, aggressive and thorough...
Damaging Evidence Taken From Facebook and Myspace: Yet Another Example of Why You Need an Experienced Criminal Defense Attorney
Posted on May 13, 2009This story is an interesting case. According to the article, it might be unethical for an attorney who represents someone to ask the opponent witness or alleged victim in a case to be a friend by using a fake friend request on Facebook.com What does that mean? That means your attorney can?t ask to ?friend? the alleged victim in a case without disclosing the fact that it?s the attorney who is requesting the friend, or that it?s a person sent by the attorney...
West Covina Divorce and Family Law Attorneys
Posted on May 12, 2009The city of West Covina is in Los Angeles County, California and located in the eastern San Gabriel Valley. West Covina was originally an agricultural area cultivating oranges and walnuts, but has grown into a suburban area with more than ninety percent of its land developed...
Clearing Your Criminal Record in California: Are You Eligible?
Posted on May 12, 2009California law has several ways in which a person may clean up their criminal record. Depending on the time since your conviction and the circumstances surrounding the charge, it may be possible to have the conviction expunged from your record. When a criminal record is expunged you may legally answer ?no? when asked by private employers if you have ever been convicted of a crime...
California Attempted Murder Charges: People v. Stone
Posted on May 11, 2009California Supreme Court Holds Attempted Murder May Be Found Where The Defendant Shoots At Group Of People With Intent To Kill A Person And Not Specific Victim A recent ruling by the California Supreme Court underscores the necessity of hiring an aggressive criminal defense attorney...
Bad Economy = Overworked Public Defenders!
Posted on May 10, 2009Budget Cuts, Hiring Freezes Impact Caseloads of Public Defender?s Offices, Which Means You Should Hire A Private Criminal Defense Attorney In the landmark 1963 case of Gideon v. Wright, the Supreme Court held that every person accused of a serious crime, whether they could afford an attorney or not, had a right to effective assistance of counsel...
Marijuana Offense Sentence Delayed
Posted on May 09, 2009U.S. District Judge Delays Sentencing for Convicted Marijuana Distributor Represented by Criminal Defense Attorney A federal judge recently delayed the sentencing of a Morro Bay man on March 24, 2009, who was facing drug charges for running a medical marijuana dispensary, according to the LA Daily Journal...
Federal Court Puts Limits on Inmate Routine Strip Searches
Posted on May 08, 2009Due to Experienced Criminal Defense Attorney?s Efforts, Federal Court Makes Limits On Prison Officials? Ability To Routinely Strip Search Inmates Having to go to prison can be one of the most frightening experiences any person can go through. Couple that fear with the embarrassment and humiliation of being strip searched and the experience can be absolutely terrible...
Victorville Divorce and Family Law Attorneys
Posted on May 07, 2009Victorville is a city within the Victor Valley of western San Bernardino County in California. Victorville is located at the southern edge of the Mojave Desert with an estimated population of 107,721 in 2008. Out of about 30,000 households, forty-three percent have children under the age of eighteen living with them and fifty-four are married couples living together...
California Sex Crime Conviction Reversed
Posted on May 07, 2009California Court of Appeal Reverses Conviction of Defendant Found Guilty of Sex Crime for Showing Harmful Matter to a Minor A jury in California found a defendant guilty of California Penal Code Section 288.2(a) for showing a 16-year-old girl pornographic images on the television...
Statutory Right for Juveniles to Petition to Seal Records
Posted on May 06, 2009If You Have a Juvenile Record, You Have a Statutory Right to Hire a Juvenile Defense Attorney to Petition the California Juvenile Court to Seal Your Record You would be hard pressed to find anyone who has not made a mistake as a youth. Youthful indiscretions, no matter how common, may greatly affect an individual?s life thereafter...
Ventura Divorce and Family Law Attorneys
Posted on May 05, 2009The city of Ventura is commonly referred to as San Buenaventura and is the county seat of Ventura County in California. Ventura is known for having some of the best surfing spots in Southern California and downtown Ventura is home to the San Buenaventura Mission...
Ninth Circuit Court Ruling Permits Use of Statements Made before Miranda Rights are Advised
Posted on May 05, 2009Ninth Circuit Court Ruling Holds a Person is not in Custody Even After Being Questioned by Officers for Over Two Hours Few things are more intimidating than law enforcement interrogating you about your possible involvement in a crime. Often, it is this intimidation that causes people to confess to criminal charges...
California Traffic Violations and Senate Bill 1407
Posted on May 04, 2009California?s Budget Problem Leads to More Expensive Traffic Tickets, Requiring the Defense of an Experienced Criminal Defense Attorney With the economy hurting and the California budget billions of dollars in the red, lawmakers have recently tapped a new source of income that will hit motorists in the wallet, and hard...
Prosecutors Face Criminal Investigation over Withholding Evidence in Prosecution of United States Senator
Posted on May 03, 2009A federal judge has ordered that several United States Attorneys be criminally investigated for their conduct in the recent prosecution of United States Senator Ted Stevens. The judge in the case stated, ?In nearly 25 years on the bench, I?ve never seen anything approaching the mishandling and misconduct that I?ve seen in this case?...
California Certificate of Rehabilitation
Posted on May 02, 2009How Do I Apply for a Certificate of Rehabilitation? Do I Need to Hire a Criminal Defense Attorney? If you?ve ever been convicted of a crime in California, you know that the feeling of regret soon follows. You try your best to live the rest of your life as a different person, a better person than the person you were at the time of your arrest, but the shadow of your past remains over you...
LA Clipper Arrested for Alleged DUI
Posted on May 01, 2009Arrest of LA Clipper Randolph for DUI Highlights the Need for a Person Accused of DUI to Retain an Experienced DUI Attorney It was reported that recently, Los Angeles Clipper forward Zach Randoph was arrested by the CHP for an alleged violation of driving under the influence...
Van Nuys Divorce and Family Law Attorneys
Posted on April 30, 2009Van Nuys is in the center of the San Fernando Valley region of Los Angeles. The main thoroughfare, Van Nuys Boulevard, is known for its car dealerships. The TV show Beverly Hills 90210 was filmed on a set in Van Nuys. The city had an estimated population in 2000 of 136,443 people...
California Criminal Charges and Guilty Pleas
Posted on April 30, 2009Criminal Charges and Their Civil Consequences: Why you Need an Experienced Criminal Defense Attorney Many people who face criminal charges are often deluded into thinking that a quick plea agreement will essentially bring their case to a close. Unfortunately, this is not always the case...
California Prison Population Reduction
Posted on April 29, 2009California must Reduce Prison Population by 57,000 People, Raising the Question of Whether There Will be an Increased Need for Criminal Defense Attorneys Three federal judges have ruled that California must reduce its prison population by 57,000 people over the next two or three years, which could have quite an influence on the demand for skilled criminal defense attorneys in California...
Valencia Divorce and Family Law Attorneys
Posted on April 28, 2009Valencia, California is a planned community that along with three other communities, merged to form Santa Clarita, California in 1987. The area is extensively used as filming locations for many TV series', past and present. Some of these shows include The Power Rangers, NCIS, Weeds and Melrose Place...
Phil Spector Found Guilty of Second Degree Murder
Posted on April 28, 2009Eccentric music producer Phil Spector was convicted on Monday April 13, 2009 of second degree murder, for the 2003 death of actress of Lana Clarkson, and will likely spend the rest of his life in prison. In his second trial, held after a jury deadlocked in 2007, Spector was found guilty of second degree murder in Los Angeles and will be facing 18 years to life in prison when he is sentenced on May 29th...
Prosecutors Face Criminal Charges Over Ted Stevens Prosecution
Posted on April 27, 2009PROSECUTORS FACE CRIMINAL INVESTIGATION OVER WITHHOLDING EVIDENCE IN PROSECUTION OF UNITED STATES SENATOR A federal judge has ordered that several United States Attorneys be criminally investigated for their conduct in the recent prosecution of United States Senator Ted Stevens...
Zach Randolph Arrested For DUI
Posted on April 26, 2009ARREST OF LA CLIPPER RANDOLPH FOR DUI HIGHLIGHTS THE NEED FOR A PERSON ACCUSED OF DUI TO RETAIN AN EXPERIENCED DUI ATTORNEY It was reported that recently, Los Angeles Clipper forward Zach Randoph was arrested by the CHP for an alleged violation of driving under the influence in California...
Former Los Angeles Police Officer is Sentenced to One Year in Jail
Posted on April 25, 2009Anthony Razo, a 49-year-old former police officer for the Los Angeles Police Department pled guilty on Tuesday April 7, 2009 to charges of California insurance fraud and filing a false police report; he was immediately sentenced to one year in jail and three years probation...
?Sexting? Can Lead to Jail Time and Being Registered as a Sex Offender
Posted on April 24, 2009Recently a well known 18 year old actor decided to "get back" at his 16 year old girlfriend by sending naked photos via text message of the minor to several people, an act known as ?Sexting?. The 16 year old became upset and told her parents. Her parents told local police...
Tustin Divorce and Family Law Attorneys
Posted on April 23, 2009Tustin, California is a small city located near the county seat of Orange County, Santa Ana. The city was founded late in the 19th century on what was formerly part of the great Rancho Santiago de Santa Ana. Since then it served a small role during World War II as a naval anti-submarine airship base...
Orange County Woman Charged with Attempted Murder of Husband
Posted on April 23, 2009A 46-year-old Orange County woman was arrested and charged with mayhem and attempted murder in California on Tuesday April 7, 2009. It is alleged by the Orange County District Attorneys office that Mary Sharpski, a mother of two, and her lover Michael Shores II, conspired to have Sharpski?s husband murdered...
Experienced Criminal Defense Attorney Obtained a Mistrial for Teacher Accused of Defrauding LAUSD
Posted on April 22, 2009According to a report in the Los Angeles Times, a mistrial was declared in the California fraud trial of Matthias Vheru, 53, who was accused by prosecutors of conning the district into placing a $3.7 million order to buy math textbooks that he had written...
Temecula Divorce and Family Law Attorneys
Posted on April 21, 2009Temecula, California is a primarily middle to upper-class community of 100,000 residents. It is considered, when combined with Murrieta, to be the southwestern anchor of California?s Inland Empire region. The city is adorned with nine golf courses and the Pechanga Resort and Casino...
Rapper Coolio Charged With Cocaine Possession and Will Likely Seek Representation by an Experienced Criminal Defense Attorney
Posted on April 21, 2009An article in the Los Angeles Times describes the arrest and charging of rapper and actor ?Coolio? with battery and possession of cocaine after a run-in at the Los Angeles International Airport. The well known entertainer allegedly grabbed a screener?s arm to prevent the search of his luggage, which allegedly uncovered rock cocaine...
Newport Beach Manslaughter Charges against Man in Ferrari Crash
Posted on April 20, 2009According to an article in the Los Angeles times, a Coast Mesa man, Jeffery David Kirby, 51, was charged with leaving the scene of an accident and vehicular manslaughter and DUI in California for his roll in the death of a well-known mixed-martial-arts figure who died after his Ferrari spun into a light pole in Newport Beach...
Beaumont Boy, 12, Accused Of Killing His Friend, Needs a Juvenile Criminal Defense Attorney
Posted on April 19, 2009In a tragic story published in the Los Angeles Times, a 12 year old Beaumont boy had been accused of shooting and killing his friend, who was also 12. The boy was arrested and booked into Riverside Juvenile Hall on suspicion of murder in California. Police have also arrested the parents of the boy, Patricia and Christopher Willis, and charged them with negligent storage of firearms and child endangerment...
California Appeals: Making the Right Objections in Court
Posted on April 18, 2009What Happens If My Criminal Defense Attorney Does Not Make the Right Objections During Trial? In a criminal trial, the district attorney may introduce evidence against a defendant that the jury should not consider. If the defendant is not represented by a skilled criminal defense attorney in California, the prosecution may be successful in introducing this evidence...
California Home Detention Qualifications
Posted on April 17, 2009Can my Criminal Defense Attorney Help me Serve my Jail Time in Home Detention? The answer to this will depend on whether you make the sound decision to retain the legal services of a knowledgeable, reputable and experienced criminal defense attorney in California at Wallin and Klarich...
Immigration Consequences of a Convicted Crime in California
Posted on April 16, 2009What Happens If I Plead Guilty To A Crime And I?m An Immigrant? Can My Status Be Revoked? Do I Need A Criminal Defense Attorney? If you have been charged with a serious crime in San Bernardino, or in any other county in California, and are thinking of pleading guilty or no contest, there is some important information you should consider, especially if you?re an immigrant to this country...
San Bernardino Divorce and Family Law Attorneys
Posted on April 16, 2009San Bernardino is the county seat of San Bernardino County. Located in the southwestern area of the county, San Bernardino occupies most of the San Bernardino Valley and is a large part of California?s Inland Empire. San Bernardino?s population was estimated 205,010 in 2006 as the eighteenth largest city in California...
California Parole Violators Right to Legal Counsel Restored by Federal Judge
Posted on April 15, 2009The voters in California in November, 2008 approved a new ?victims rights? initiative that stated that only in rare cases would a person facing a parole violation be entitled to a skilled criminal defense lawyer in Los Angeles or another city in California to defend him or her from the allegations...
Juvenile Criminal Convictions Reversed
Posted on April 14, 2009Hundreds of Juvenile Court Criminal Convictions Reversed Due to Alleged Actions of Judge who Took Millions of Dollars in Kickbacks It was reported in the Los Angeles Times on March 27, 2009 that a state Supreme Court has reversed convictions in hundreds of juvenile crime cases due to the corrupt actions of a former judge...
Riverside Divorce and Family Law Attorneys
Posted on April 14, 2009Riverside is located near, and named for, the Santa Ana River. As home of most of the Joshua Tree National Park, Riverside County is primarily a desert. Riverside is the county seat of Riverside County and the birthplace of the citrus industry in California...
California Police Informant Tips can be Unreliable
Posted on April 13, 2009What If The Police Used An Informant In My Case? What Can My Criminal Defense Attorney Do? Before a police officer can stop a person, they must have reasonable suspicion that criminal activity is occurring. One way in which police can get reasonable suspicion is through informants? tips...
California Appeal Reverses Sex Offense Conviction
Posted on April 12, 2009Often a defendant is accused in one criminal complaint of many different crimes. A very powerful weapon in many cases is for your experienced California criminal defense attorney to bring a motion to sever the cases so you can receive separate trials...
San Diego Drug Diversion Program Granted By Judge
Posted on April 11, 2009Judge Reverses 19-Year Sentence and Gives Criminal Defendant Drug Diversion Program On Appeal by Criminal Defense Attorney Chauncey Lee Harris was convicted in San Diego Superior Court of transportation of a controlled substance and possession of narcotics paraphernalia in San Diego...
California Deportation for Drunk Driving On a Suspended License
Posted on April 10, 2009Drunk Driving On A Suspended License Is a Deportable Crime Requiring the Assistance of a Criminal Defense Attorney A recent ruling by the United States Appeals Court for the 9th District underscores the necessity of hiring an aggressive and skilled California criminal defense attorney...
Redondo Beach Divorce and Family Law Attorneys
Posted on April 09, 2009Redondo Beach is a city located in the South Bay region of the greater Los Angeles area. Redondo Beach is one of the three major beach cities in Los Angeles County. The city was initially part of the 1784 Rancho San Pedro Spanish land grant. In 2007, Redondo Beach had an estimated population of 67,019 people...
California Preliminary Hearings Deny Use Of Officer History
Posted on April 09, 2009Defense Hands are Further Tied By New Court Holding, Requiring More Experienced Criminal Defense Attorneys to Handle Cases Properly The court has found more ways to limit a defendant?s ability to fight his or her California felony case at the Preliminary Hearing...
Riverside County Criminal Case Dismissal Rate Highest in California
Posted on April 08, 2009According to a Los Angeles Daily Journal report, ?Riverside County courts dismiss more criminal cases than any other in the state for missing trial deadlines.? Since Riverside County District Attorney Rod Pacheco was voted into office in January 2007, Riverside County criminal crimes in court have dismissed more felony and misdemeanor trials than any other county in the State...
Rancho Bernardo Divorce and Family Law Attorneys
Posted on April 07, 2009Rancho Bernardo, California is a community situated among the hills and canyons north of San Diego. Rancho Bernardo is a planned community of primarily wealthy residents and boasts in a sprawling community of largely affluent tract homes, golf courses, office parks, and shopping malls...
California Sex Offender Laws Influenced by Emotion, Not Facts
Posted on April 07, 2009Sex Offender Laws are Based on Emotion Rather Than Facts, And That Is Why You Need A Criminal Defense Attorney In 2008, the State of California spent $22 million to house sex offenders on parole who must abide by Jessica?s Law or Proposition 83. The proposition, which passed a little over two years ago, requires those convicted of sex crimes in California from living within 2,000 feet of schools, parks, and other places where children often are present...
Immigrant?s Options when Facing Deportation Narrowed
Posted on April 06, 2009The California Supreme Court ruled this month that immigrants who are facing deportation may no longer rely on two common post-conviction challenges. The court ruled in two separate cases that a writ of habeas corpus, or writ of error coram nobis, would no longer be available to a defendant once they had served a sentence and were no longer on parole or probation...
Calilfornia Juvenile Record Sealing Regulations
Posted on April 05, 2009Juvenile crimes in California do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing...
California Medical Marijuana Prescription Doesn't Hinder Driver's License Renewal
Posted on April 04, 2009Department Of Motor Vehicles Officials Say California Drivers Cannot Lose Their License Just Because They Have A Medical Marijuana Prescription Medical marijuana prescription holders are breathing a little easier after the Department of Motor Vehicles issues a training memo which states California drivers cannot lose their license just because they have a medical marijuana prescription...
Equal California Protection Rights of Criminal Defendants
Posted on April 03, 2009Criminal Defense Attorney Proves the Sex Offender Registration Imposed 20 Years Ago Violated Equal Protection Rights of Criminal Defendants Twenty years after a sex offender was convicted by a jury of oral copulation with a minor and was required to register as a sex offender, the offender moved to lift the lifetime registration requirement...
California Legal Right to Bail
Posted on April 02, 2009If You Are Convicted of a Misdemeanor After a Trial, You Have the Legal Right to Bail as a Matter of Right Recently a person called our office after he had been found guilty by a jury of a misdemeanor offense. The judge sentenced him to six months in county jail...
Pasadena Divorce and Family Law Attorneys
Posted on April 02, 2009Pasadena is a city in Los Angeles County most famous for hosing the annual Rose Bowl Football game and the Tournament of Roses parade. Pasadena is the sixth largest city in LA County and is the main cultural center of the San Gabriel Valley. The estimated population of Pasadena in 2007 was reported to be 146,518...
California Dismissed Appeals Can Be Re-Examined
Posted on April 01, 2009There is Good News for Criminal Defendants Who Lose an Appeal Because Their Attorney Negligently Handled the Matter A recent ruling by the California Court of Appeals gives defendants the opportunity to have their appeal heard by the court if the dismissal of the appeal must result due to the neglect or misconduct of the appellate attorney...
Juvenile Attempted Child Molestation
Posted on March 31, 2009Juvenile Defendant Wins New Trial in Child Molest Case Based Upon Ineffective Assistance of Counsel for Failure to Properly Investigate the Facts of Case Recently the court of appeals has reversed the conviction of a juvenile who was accused of attempted child molestation after the juvenile was found guilty by a judge of committing the alleged offense...
Palm Desert Divorce and Family Law Attorneys
Posted on March 31, 2009Palm Desert is a city in the Coachella Valley in Riverside County, California. Palm Desert?s area was originally referred to as the Old MacDonald Ranch, which changed to Palm Village in the 1920s when date palms were planted. Many vacationers from colder climates enjoy the warm climate of Palm desert, increasing the population by an estimated 31,000 each winter...
Probation California Revocation Hearings
Posted on March 30, 2009What If My Probation Is Revoked? What Do I Do If I Have A Probation Hearing Coming Up? Do I hire a Criminal Defense Attorney? If you are facing a probation revocation hearing in California, it is important that you hire a private attorney immediately...
California Multiple Criminal Charges for One Crime
Posted on March 29, 2009One Crime but Many Charges? Why You Must Have A Criminal Defense Lawyer How can the government charge many crimes when it's only one event? It?s done everyday. They will say it?s different theories of the same event. An example is the recent California case of People v...
California Hearsay and Out of Court Statements in Criminal Courts
Posted on March 28, 2009You?re charged with a crime. Does a victim identification always have to be confirmed in court? The answer is not always. In California one of the exceptions is in California Evidence Code 1240. It allows some out of court statements of a witness where the statement was made spontaneously, while the declarant was under the stress of excitement caused by such perception...
California Drunk Driving Could Result in Deportation
Posted on March 27, 2009Deportation for Drunk Driving: Why You Need a Criminal Defense Attorney A new court decision may allow persons convicted of drunk driving to be deported. On March 4, 2009, the United States Appeals Court for the 9th circuit decided the case of Marmolejo-Campos v...
New Evidence May Allow Second Suppression Hearing
Posted on March 26, 2009Criminal Defense Attorneys May Have More Than One Attempt At Suppressing Damaging Evidence You may be able to get a second bite at the apple for suppression hearings, but there must be new evidence that justifies the second bite, or your request will be denied...
Palmdale Divorce and Family Law Attorneys
Posted on March 26, 2009Palmdale is one of the largest cities in the Mojave Desert of California. Palmdale was and continues to be a key location during much of the research and development on many of the United States Air Force's modern aircraft. Some of the better known projects include the SR-71 Blackbird, F-117 Nighthawk, B2 Spirit and the F-35 JSF...
California Juvenile Crime Records Can be Sealed
Posted on March 25, 2009What Does it Mean to Seal your Juvenile Record? Sealing the records for your juvenile crimes in California means that all records held by the police department, the court, the district attorney, and the probation department will be deemed not to have occurred...
Yvonne Pampellonne Retains Law Offices of Wallin & Klarich
Posted on March 25, 2009FOR IMMEDIATE RELEASE MARCH 25, 2009 On March 24, 2009 Yvonne Pampellonne retained the law offices of Wallin and Klarich to represent her as it relates to pending criminal charges of Second Degree Burglary, Grand Theft, and Unauthorized use of personal identifying information in the West Orange County Justice Center...
Selling Drugs in California: Concurrent & Consecutive Sentences
Posted on March 24, 2009If You Are Arrested for Selling Drugs and the Police Saw You Making Several Sales, You Must Hire an Experienced Criminal Defense Attorney. If you were arrested for selling drugs in a California drug crime, you should know the difference between consecutive and concurrent sentences because new case law might affect your maximum exposure to time in prison...
Ontario Divorce and Family Law Attorneys
Posted on March 24, 2009Ontario is a thriving city in San Bernardino County, California. Ontario?s population has exploded; increasing to nearly one hundred times the size it was one hundred years ago. Today, it hosts a small international airport and an ECHL hockey team, the Ontario Reign...
Filing a Second Motion to Suppress Evidence
Posted on March 23, 2009Why You Need an Experienced Criminal Law Firm to Help You Make that Decision You may be able to get a second chance for suppression hearings, but there better be new evidence that justifies the request, or your request will be denied. Late last year, a California Appellate Court ruled that a Defendant was not entitled to a new hearing on a suppression motion at the retrial, unless the defendants could present additional evidence that would justify a different ruling...
Dishonest Testimonies Have Consequences
Posted on March 22, 2009Aggressive Criminal Defense Attorney Exposes Law Enforcement Officers Who Lied While Testifying In Prosecution Last month a story surfaced which highlights the troubling phenomenon of law enforcement officials lying while testifying for the prosecution...
California Procedural Rights & Stipulation
Posted on March 21, 2009Absent A Stipulation, A Commissioner Lacks the Authority to Rule on an Issue Contested by the Criminal Defense Attorney A Defendant refused to sign a stipulation giving a commissioner the authority to continue a preliminary hearing. In Harutyunyan v...
California Juvenile Possession of Marijuana
Posted on March 20, 2009What Happens If I?m A Juvenile And I?m Caught With Marijuana In My Possession? What Are The Consequences If I?m Convicted? A conviction for possession of marijuana, even for a small amount, can have serious consequences. This is especially true if you are under the age of 18...
California Personal Possession of Child Pornography
Posted on March 19, 2009?Personal Possession? of Child Pornography Can Be Supported By Many Different Forms of Circumstantial Evidence In Tecklenburg v. Superior Court, child pornography was found in the defendant?s home on the family computer. The defendant argued that the child pornography was not his and that it may have been the result of accidental internet use or involuntary computer pop-ups...
Newport Beach Divorce and Family Law Attorneys
Posted on March 19, 2009Newport Beach is located along the Pacific coast in Orange County. There are several notable attractions in Newport Beach but the most famous landmark is the Balboa Pavilion. Established in 1906, it now performs many functions including a ferry service to Catalina Island, conference center and skiff rentals...
Proposition 215 May Allow Hashish to be Used for Medical Purposes, According to the Attorney General
Posted on March 18, 2009According to Attorney General Bill Lockyer, concentrated cannabis, or hashish, is included within the meaning of ?marijuana? and may be used for medical purposes under Proposition 215. Lockyer told Menocino County Sheriff-Coroner Anthony J. Craver that voters must have intended to include all forms of cannabis when they passed the ?Compassionate Use Act of 1996...
California Sex Offender Registration
Posted on March 17, 2009The Sex Offender Registration Imposed 20 Years Ago Violated Equal Protection Twenty years after a sex offender was convicted by a jury of oral copulation with a minor and was required to register as a sex offender, the offender moved to lift the lifetime registration requirement...
Monrovia Divorce and Family Law Attorneys
Posted on March 17, 2009Monrovia is located in the San Gabriel Valley in the San Gabriel Mountain foothills of Los Angeles County, California. In 2005, Monrovia had an estimated population of 37,954. Monrovia is the fourth oldest general law city in the Los Angeles Basin and County...
California Child Pornography
Posted on March 16, 2009Simultaneous Possession of Multiple Child Pornography Materials in Multiple Computers at the Same Location is Chargeable, But As One Violation of State Law In People v. Manfredi, the defendant was found with multiple images of child pornography in his home on multiple computers, hard drives, discs and tapes...
Miranda Rights In California
Posted on March 15, 2009Pay Attention to Your Miranda Rights You learned from the television that police officers are supposed to read you your Miranda rights if you are arrested. Do you know how many Miranda rights you have? Do you know what your Miranda rights are? Do you know how important they can be? A judge recently decided that if a police officer does not tell the person he arrests all of his Miranda rights, the criminal case against the individual might be dismissed...
Inform Your Lawyer About Past Conduct
Posted on March 14, 2009Don?t Let Your Ghost of Christmas Past Come Back to Haunt You If you are charged with a crime, there is always a chance that your case will end up going to jury trial. When considering whether or not to go to trial, you and your lawyer must first determine what evidence will be presented to the jury...
Chris Brown Restraining Order
Posted on March 13, 2009Chris Brown was charged with two felony counts of assault and making criminal threats against singer, Rihanna, on March 5, 2009. When he appeared in court, the judge ordered a protective order; Chris Brown must not molest, annoy, harass, make threats, or have any negative contact against anyone...
California Probation Laws
Posted on March 12, 2009What Can Happen If I?m Given Probation As A Term Of My Sentence? How Probation Can Affect You Owning A Pet Probation can be a major intrusion into your life no matter how lenient the terms of the probation are. Unfortunately, the intrusiveness of probation just got a whole lot worse...
Long Beach Divorce and Family Law Attorneys
Posted on March 12, 2009Long Beach is part of the Los Angeles metropolitan area and is one of the largest cities in California. The Port of Long Beach is one of the largest ports in the world and the primary distribution point for goods arriving in the United States from Asia...
California DUI Law Imposes Stricter License Suspension Criteria
Posted on March 11, 2009Are You on Probation for a DUI? If so, please keep reading because recent changes in California Law make having your California driver?s license suspended much easier. Beginning January 1, 2009 California Vehicle Code section 23154 will impose a zero tolerance policy on people on probation for DUI?s...
Los Angeles Murder Conviction Overturned
Posted on March 10, 2009Judge Throws Out A Nearly 30-year-Old Murder Conviction After Finding Prosecutorial Misconduct. A Los Angeles County Superior Court judge tossed out a nearly 30-year-old murder conviction. Judge David S. Wesley found that the prosecutors had violated the defendant?s rights and withheld evidence from defense attorneys...
Lancaster Divorce & Family Law Attorneys
Posted on March 10, 2009Lancaster is located in Southern California?s Antelope Valley and is the ninth fastest growing city in the United States. With an estimated 145,243 residents living in the city in 2008, Lancaster is the eighth largest city in Los Angeles County. The city draws national and local companies in from lots of different businesses and industries...
California Deputy DA Suspended for Professional Misconduct
Posted on March 09, 2009Some DA?s may go as far as to violate the law to put you in jail When facing serious criminal charges it?s extremely important to have a criminal defense attorney present in order to properly defend you. The consequences of being convicted of these crimes can be severe and for that reason you need an attorney that knows the law and has vast experience in criminal defense in order to be properly defended...
License Suspension in California Can Result from Various Traffic Violations
Posted on March 08, 2009Your license can still be suspended even if you are not convicted of a DUI in California Although it is well-known that if you are convicted of DUI, your driver?s license will most likely be suspended. What is not as commonly known is that there are many cases in which if you are convicted of a violation other than DUI you can still get your driver?s license suspended...
California Appellate Attorney Proves Self Defense in Homicide Appeals Case
Posted on March 07, 2009Accidentally firing a weapon is a defense to murder - why hiring an experienced criminal defense firm can save you from prison A recent California appeals case, People v. Villanueva, held that the trial court was mistaken when the trial court failed to instruct the jury that they could find the defendant not guilty based on self-defense...
California Divorce And Child Custody: Should I File Myself?
Posted on March 06, 2009Have you ever tried to file for divorce or custody of your children on your own, and found the process extremely frustrating? If so, you are not alone! First of all, there are several forms to fill out. Thus, just figuring out what forms you need can give you a headache...
California hit and run statute does not require defendant's actual knowledge that the collision involved another person
Posted on March 05, 2009California Drug Diversion Program under Penal Code 1000 Minimizes Collateral Damage
Posted on March 03, 2009Hemet Divorce & Family Law Attorneys
Posted on February 26, 2009Hemet, California is a city in Riverside County and the site of the world?s largest outdoor play, Ramona, which takes place once every year. The Hemet-Ryan airport is actually the site of the former flight school that was used to train over 6,000 pilots for the United States Air Force during World War II...
California Child Abuse Central Index: Are You on the List?
Posted on February 26, 2009How Can I Find Out if My Name is Listed on the Child Abuse Registry Under the Child Abuse Neglect Reporting Act, California must maintain a registry of actual and suspected child abusers. This registry is known as The Child Abuse Central Index: aka CACI...
California Appeal Results in Vacated Forgery Convictions
Posted on February 25, 2009New California Appeals Court Ruling Underscores The Need For An Experienced Criminal Defense Attorney in Forgery Cases A recent California Court of Appeals decision held that multiple forged signatures on a single document constitute only one count of forgery in California...
Drivers License Suspension A Possible Punishment for Speeding in California
Posted on February 24, 2009Under New California Law, A Person Who Is Convicted Of Driving In Excess Of 100 MPH May Have Their Driving Privileges Suspended. Under California law, the court may impose a drivers license suspension on drivers convicted of driving in excess of 100 mph...
Costa Mesa Divorce & Family Law Attorneys
Posted on February 24, 2009Costa Mesa is a city located in Orange County, California. Its reported population was 113,143 in 2005. Costa Mesa was once a semi-rural family community that has become a suburban city. The city?s economy depends heavily on commerce, some manufacturing, but mostly on retail, with the single largest shopping center at South Coast Plaza...
California Alcohol and Chemical Testing
Posted on February 23, 2009Do I Need A California DUI Attorney? I Took an Alcohol and/or Chemical Test and I Need a DUI Lawyer Under California law drivers pulled over for suspicion of driving under the influence have the right to refuse a preliminary alcohol screening test. A person lawfully detained for suspicion of DUI in California can refuse the PAS test, and only have to submit to a breath or chemical test after being arrested for suspicion of DUI...
California Sex Crime Conviction Can Cost You Your License
Posted on February 22, 2009If I Am Charged with Lewd Conduct, Soliciting ad Engaging in Prostitution, Do I Need a Criminal Defense Attorney to Protect Me? Can I Lose My Driver's License? Under California law, the court may impose a suspension of driving privileges on individuals convicted of lewd conduct, or soliciting or engaging in prostitution in California...
Traffic Ticket Lawyers on Text Messaging While Driving Citations
Posted on February 21, 2009Can I Really Get A Ticket For Text Messaging While I Drive? Why You Need An Experienced Law Firm To Help You Handle Traffic Tickets. In California, under California Vehicle Code Section 23123.5(a), a person my not drive a car while using an electronic wireless communications device to write, send, or read a text-based communication...
Illegal Aliens Arrested in Record Numbers Under National Fugitive Operation Program
Posted on February 20, 2009The government reported that the number of non-criminal immigrants that were arrested by federal authorities under the National Fugitive Operation Program skyrocket from 4,363 in 2005 to 26,200 in 2008. This is a massive increase and should concern all those that care about how our federal government is spending our tax dollars...
California DUI Laws Surprise Defendants with Two Counts for One Crime
Posted on February 19, 2009How Can I Be Found Guilty Of Two Counts For One DUI? When you are stopped and arrested for Driving Under the Influence (DUI), by the time you get to court you might be surprised that you have been charged with two counts for the same DUI, or the same incident...
El Cajon Divorce & Family Law Attorneys
Posted on February 19, 2009El Cajon, California lies within San Diego County. The city?s name, El Cajon means, in Spanish, ?The Box.? Its origin comes from describing the plot of land originally granted to the enormous Mission San Diego de Alcala that was used by missionaries in the area for farming...
Property Rights During Divorce Proceedings
Posted on February 18, 2009My Spouse Claims That I Have No Right to The House or Other Property if I Choose to Divorce Him/Her. California is a community property state and therefore any property acquired during marriage is a community asset. Thus, in regards to division of property in California, each spouse has a full right to all property acquired during that marriage...
Misdemeanor Charge Dismissal and ClearingYour Criminal Record
Posted on February 17, 2009How Can I Get My Misdemeanor Charges Dismissed? Why an Experienced Law Firm Can Help Keep Your Record Clean. When you are charged with a misdemeanor offense in California, it is important to get the best legal advice so that every alternative is explored in getting your case resolved...
Calabasas Divorce & Family Law Attorneys
Posted on February 17, 2009Calabasas is a city in Los Angeles County, California that had a reported population of 22,300 in 2007. Located at the southwestern part of the San Fernando Valley, the city of Calabasas is twenty-two miles away from Downtown Los Angeles. The red-tailed hawk is depicted in the city?s official logo, which symbolizes a pledge to preserve Calabasas? natural beauty and semi-rural quality of life...
Boating Under the Influence and DMV License Suspensions
Posted on February 16, 2009Can I lose my driver's license for boating under the influence? Do I need a DUI defense attorney? California Vehicle Code section 305 defines ?driver? as ?a person who drives or who is in actual physical control of a vehicle.? The term ?Driving? has been defined in various ways by courts, and the issue was most recently addressed by the California Supreme Court in Mercer v...
Gang Members Charged in Canoga Park Murder
Posted on February 15, 2009Why you need an experienced criminal defense attorney. Three Canoga Park men believed to be members of a Latin street gang have been hit with various California murder charges stemming from a December 22, 2008 shooting outside Canoga Park Bowl, a neighborhood bowling alley...
Attempted Lewd Act in California Does Not Require Physical Proximity
Posted on February 14, 2009To Be Convicted of Attempted Lewd Act Does Not Require You to Have Actually Entered the Room with a Minor Jeffrey MacKanin, a California Department of Justice special agent supervisor who oversaw a Federal and State task force investigating child exploitation crimes, posed online as a 13-year-old runaway girl named ?Hope?...
Domestic Violence and Physical Abuse: Do I Need A Criminal Defense Attorney Now?
Posted on February 13, 2009Physical abuse is the type of abuse most people think of when they think of domestic violence. Under California law, ?abuse? can be intentionally or recklessly injuring someone, trying to injure someone, or putting someone in reasonable fear of immediate injury...
Restraining Order Penalties in California Steep
Posted on February 12, 2009The Devastating Ramifications of Having a Restraining Order Granted against You: Why You Need a Qualified Restraining Order Lawyer The consequences of having a California restraining order granted against you can be severe. If a restraining order is filed against you, it is of the utmost importance to retain the services of a qualified restraining order law firm to come to your defense...
Sexual Abuse and Domestic Violence Charges in California
Posted on February 12, 2009I am falsely accused of sexual abuse and/or domestic violence. Do I need a sexual abuse attorney and/or a domestic violence attorney? Sexual abuse in California is not a specific charge, but a blanket term for many criminal charges that have to do with unwanted or inappropriate sexual contact...
California Restraining Orders - How They Can Affect You
Posted on February 11, 2009The consequences of having a California restraining order granted against you are severe. If a restraining order is filed against you, it is of the utmost importance to retain the services of a qualified restraining order attorney in California to make sure that the restraining order against you is not granted...
Forgery and Counterfeiting Charges in California
Posted on February 10, 2009I am accused of forgery and/or counterfeiting and need a defense attorney Forgery has several definitions under the law. At its most basic, forgery is knowingly and intentionally creating false documents that are held out as genuine. That includes: Signing someone else?s name, or the name of a person who doesn?t existForging someone else?s handwritingAltering or forging documents used as evidence in courtFalsifying, altering or forging a wide variety of legal documents, or trying to pass falsified documents as genuine, or knowingly receiving forged or counterfeited materialsWriting a bad check The list of legal documents that may not be altered or forged is long, but it includes wills, court judgments, checks and other financial documents, deeds or certificates of ownership, medical records, tickets for public or private transit, driver?s licenses and lottery tickets...
California DUI Probation Prevents Driver From Having Any Alcohol in System
Posted on February 09, 2009Without An Experienced Criminal Defense Attorney, Driver?s On Probation For A DUI In California May Lose Their License Under New California Law, If Found To Be Driving With Any Measurable Level Of Alcohol In Their System Under previous California law, the Department of Motor Vehicles or the California Courts will typically suspend the driver?s driving privilege for up to a year on a first time DUI, and place the driver on probation...
California Domestic Violence Defense Attorney - Where to Find One
Posted on February 08, 2009I AM ACCUSED OF DOMESTIC VIOLENCE, WHERE DO I FIND A DOMESTIC VIOLENCE DEFENSE ATTORNEY? One of the most notorious penalties for a domestic violence conviction is mandatory counseling. If you are granted probation after a domestic violence conviction, the court must order you to at least a year of a ?batterer?s program,? which means weekly classes of at least two hours each...
California Elder Abuse Charges
Posted on February 07, 2009WHAT IS ELDER ABUSE, AND DO I NEED AN ELDER ABUSE ATTORNEY IF CHARGED WITH ELDER ABUSE AS A CRIME? Elder abuse (and abuse of younger dependent adults, such as adults with mental disabilities) includes all of the same physical abuse that most people think of when they think of domestic violence...
Accused of Emotional Abuse In California
Posted on February 06, 2009IM ACCUSED OF EMOTIONAL ABUSE AND NEED AN EMOTIONAL ABUSE ATTORNEY TO DEFEND ME Emotional abuse is any behavior that helps the abuser emotionally dominate and control the victim. It includes, but is not limited to: Frequent put-downs Constant criticism Threats Harassment Stalking Unreasonable restrictions on the victim?s freedom Emotional abuse is not itself a crime in California, but our state criminal law does recognize it as an effect of physical and verbal abuse and neglect (e...
Charged With Shoplifting In California?
Posted on February 05, 2009I AM BEING CHARGED WITH SHOPLIFING, DO I NEED A SHOPLIFING ATTORNEY? Shoplifting is not a crime in California, but a name for a certain kind of theft. Because most people who commit shoplifting steal items worth less than $400, it is usually charged as petty theft and is most likely to be a misdemeanor...
DVC-011909 - Police Officer Charged with Murder
Posted on February 04, 2009Yes, even police officer?s can be charged with a crime! Last week, a former police officer for the Bay Area Rapid Transit (BART) was arrested and extradited back to California where he will face charges of murder in Alameda County. On New Year?s morning, the officer was on duty and was responding to a fight that had broken out on one of the BART trains when he allegedly shot an un-armed passenger in the back ...
YOU MAY BE ABLE TO HAVE YOUR CRIMINAL CASE DISMISSED BASED UPON THE STATUTE OF LIMITATIONS
Posted on February 03, 2009Many people do not realize that the date when the alleged criminal offense occurred may be critical to the defense of your case. There is a ?time limit? in which crimes in California may be prosecuted. If the District Attorneys office fails to file criminal charges against you within that time period then a skilled California criminal defense attorney can file the appropriate legal motion to have your case dismissed...
VC 23152(a) and VC 23152(b) - Enhancements that can make your DUI even more of a pain.
Posted on February 02, 2009Most people already know that DUI arrests are unpleasant events. However, most people don?t realize that not all DUI?s are created equal. Some DUI?s carry stiffer penalties depending on the facts of the case. Sometimes, the facts of the case can make your DUI arrest worthy of a felony...
Assault in Battery in California: Self Defense a Fine Line
Posted on February 01, 2009I Am Being Charged with Assault and Battery: Do I Really Need A Criminal Lawyer for Assault and Battery Charges? Unfortunately, California assault and battery crimes not easily defined. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another...
Driver's License Attorneys: Do I Need a Lawyer to Get My Driver's License Back?
Posted on January 30, 2009One of the harder punishments of a DUI is license suspension. The lack of options for public transportation in California makes this even harder. There are various options available to individuals who have had their licenses suspended as a result of a DUI...
Child Endangerment Attorneys in California
Posted on January 30, 2009What you think is leaving your child at home for a short while to run an errand can very easily be seen as child endangerment in California. The laws governing the way you care for your children are very stringent and diligently enforced. There are a lot of household hazards that parents are unaware of, and leaving your child unattended increases their risk of exposure to these hazards and endangers their well being...
California Restraining Order Attorney Consultation a Must Prior to Restraining Order Hearing
Posted on January 29, 2009When You Are Served With A Temporary Restraining Order You Need An Experienced Law Firm To Protect Your Rights At The Retraining Order Hearing In California, a temporary restraining order is commonly granted in order to restrict a person from having any contact with the protected person...
Receiving Stolen Property in California May Be A Felony
Posted on January 28, 2009California Three Strikes Felony Defense Lawyer for Receipt of Stolen Property: How They Will Fight Your Case You can be charged with receiving stolen property if prosecutors believe you bought or otherwise accepted property that you knew to be stolen...
Felony Bribery in California Carries Stiff Penalties
Posted on January 27, 2009Do I Really Need A Bribery Defense Lawyer? Bribery is giving or offering to give something of value to another person in order to influence their decisions. It is explicitly forbidden to offer or make a bribe to the following persons: Judges and other judicial officersJurorsReferees and umpiresArbitratorsElected officialsState, city or county government workers and members of public corporations; &Anyone else authorized by law to decide any question or controversy Those serving in the roles above will also be guilty of bribery should they accept an actual bribe or offer one...
Violations Of The California Vehicle Code
Posted on January 26, 2009Driving With An Air Freshener Hanging From Your Rearview Mirror Many people have air fresheners dangling from their rearview mirror in order to keep the car smelling fresh. However, those air fresheners can get you into some trouble. Under California Vehicle Code 26708 subdivision (a)(2), a person shall not drive a car with any object or material placed, affixed, or installed on the vehicle which obstructs or reduces the driver's clear view through the windshield or side windows...
Fraud and Issuing Bad Checks on the Rise
Posted on January 25, 2009Do I Need a Bad Check Attorney if I am Charged with Fraudulently Issuing Bad Checks? With the economic downturn our law firm is seeing a rise in the number of persons who are calling our office for help and who find themselves accused of writing a ?bad check?...
California DUI Convictions for Out-of-State Residents
Posted on January 24, 2009There is a well-known saying in a certain coastal town in Southern California that goes ?come on vacation, leave on probation.? All too often, many people who come to Southern California for a little getaway end up leaving with something that they would rather not have acquired, namely criminal charges...
California Murder Charges Filed in New Year's Day Shooting, Self Defense Plea Expected
Posted on January 23, 2009Do I Need a Southern California Murder Defense Attorney If I Shot Someone in Self Defense? Alameda County District Attorney Tom Orloff filed a murder charge against an ex-transit police officer. The charge sprung from the New Year?s Day fatal shooting of ?an unarmed and allegedly restrained black man...
Felony Theft Charges Handled Differently by Public Defender than Private Attorney
Posted on January 22, 2009The Difference Between a Public Defender and a Privately Retained Attorney for Felony Matters At Wallin and Klarich we receive calls from prospective clients all the time who are worried about the representation they are receiving from the public defender...
San Bernardino County Child Support and Family Law Attorneys
Posted on January 22, 2009San Bernardino County, California is an enormous county in Southern California. It is the largest county in the nation by land area, aside from several districts of Alaska, and is larger than nine U.S. states. San Bernardino County stretches from the urban sprawl of the Greater Los Angeles Area, over the San Bernardino Mountains, through the Mojave Desert, to the Nevada and Arizona borders and Colorado River...
Driving Over the Posted Speed Limit In a School Zone
Posted on January 21, 2009Why You Need An Experienced California Traffic Attorney When Cited For A Traffic Ticket If you are cited for driving over the posted speed limit, it is imperative that you hire an experienced, aggressive traffic attorney. California Vehicle Code Section 22352 states that when approaching or passing a school building, the speed limit is 25 mph, regardless of the posted speed limit...
What do I do if I admitted I committed a crime to the police?
Posted on January 20, 2009Admitting you committed a crime to the police is obviously not an intelligent decision. Often times, people will confess their crimes because they feel bad about what they did, because they think there is no way they can disprove their case, or because they simply just gave up...
Ventura County Family Law and Divorce Lawyers
Posted on January 20, 2009The Ventura County family law attorneys at Wallin & Klarich have more than 30 years of experience representing child support and child custody clients who are facing losing custody of their children or increasing child support payments. Ventura County, California is located in Southern California and, like Orange County, is widely considered as one of the safest and most affluent counties in the country...
Embezzlement Charges, Other Felony Charges Faced by Dane Cook's Brother
Posted on January 19, 2009Comedian Dane Cook?s Brother Arrested Comedian Dane Cook?s half brother embezzled millions of dollars from him and was arraigned on felony charges that include larceny and forgery. Cook?s Brother is facing years in prison. He will need an experienced embezzlement defense attorney to help him in this matter and to get him the best possible outcome...
Driving On A Suspended License Can Result In Significant Punishment In California
Posted on January 18, 2009Why you need an experienced driving on suspended license attorney when facing this charge If you are charged with driving on a suspended license, it is imperative that you hire an experienced, aggressive California criminal defense attorney. California Vehicle Code Section 14601 makes it a misdemeanor to drive with a suspended license...
Charles Barkley Arrested for DUI
Posted on January 17, 2009NBA great and commentator Charles Barkley was arrested on suspicion of driving under the influence early on December 31, 2008. Barkley was pulled over at around 1:30 AM. Authorities said that Barkley was pulled over after failing to acknowledge a stop sign outside a popular nightclub...
Internet Sex Crimes in California Includes Obscene Electronic Communication With Minor
Posted on January 16, 2009Be careful who you chat with on the Internet With the advent of the computer world, there is more and more legislation regarding proper and improper use of the internet. Recent California laws make it a crime to e-mail or electronically communicate with a child under 18...
Restitution Payments to be Made Before Court Fines or Other Penalties
Posted on January 15, 2009Victim comes first with the passage of Proposition 9 by California voters The people of California were asked to vote on a new ?victims bill of rights? in the name of Proposition 9 a few months ago. This initiative passed with 54% of the voters approving it...
Riverside County Family Law and Child Support Lawyers
Posted on January 15, 2009The Riverside County family law attorneys at Wallin & Klarich have more than 30 years of experience defending Riverside clients who are dealing with spousal support, modification of custody, restraining orders or other family law issues. Riverside County, California is part of southern California?s Inland Empire...
California Appeals Attorneys Gets Three Strikes Felony Sentence Reversed
Posted on January 14, 2009Federal Court of Appeal reverses 28 years to life sentence based upon three strikes felony law, proving you should never stop fighting your conviction of sentence by hiring an experienced California criminal appeals attorney The 9th Circuit Court of Appeals has reversed a 28 year to life sentence that was handed down to a California man who failed to register as a sex offender...
Orange County Divorce Lawyers and Family Law Attorneys
Posted on January 13, 2009The Orange County family law attorneys at Wallin & Klarich have more than 30 years of experience representing child support and child custody clients who are facing losing custody of their children or increasing child support payments. Orange County, California is famous as a largely suburban area populated primarily by affluent and powerful people...
Los Angeles County Family Law Attorneys and Alimony Lawyers
Posted on January 08, 2009Los Angeles County, California is the largest county by population in the United States at over 10 million people. There are countless attractions throughout LA County, from hiking and skiing in the mountains in the eastern and southeastern portions of the county to the beaches along the Pacific coast...
Sex Offenders to Lose More Privacy Rights in New 2009 Law
Posted on January 07, 2009Government Robs Sex Offenders of Their Privacy Rights A Georgia law set to take effect on January 1, 2009 would require sex offenders to hand over their Internet passwords, screen names, and e-mail addresses to law enforcement authorities. This would allow law enforcement officers to read e-mails between sex offenders and their family members...
California Moving Violations to Include Texting While Driving on January 1st
Posted on January 06, 2009If you haven?t heard, California Vehicle Code Section 23123.5 will take effect on January 1st 2009. For those of you who don?t happen to have a California Vehicle Code book sitting on your lap like I do, VC 23123.5 is the brand new ?texting? law that will prohibit you from text messaging while driving...
Rancho Bernardo Spousal Support and Family Law Attorneys
Posted on January 06, 2009The Rancho Bernardo family law attorneys at Wallin & Klarich have more than 30 years of experience defending San Diego County clients who are dealing with spousal support, modification of custody, restraining orders or other family law issues. Rancho Bernardo, California is a community situated among the hills and canyons north of San Diego...
Private California Criminal Defense Lawyers not a Gamble Like Public Defenders
Posted on January 05, 2009Why you should retain a private southern California criminal defense attorney According to a recently published New York Times article, it appears that opting for what accused criminals generally consider to be a free public defender is becoming an even more risky proposition...
California Probation Laws Checked by San Bernardino County Appeals Court
Posted on January 04, 2009Court holds probation department must explain why it wishes to require probationer to wear GPS monitoring device Over the last several years the legislature has expanded the rights of the probation departments in California to impose new terms of probation as well as to set the level and type of supervision that each probationer will require...
California Appeals and Supreme Court Affirm DUI Charges Followed a Lawful Stop
Posted on January 03, 2009People v. Raymond C. (2008 DJDAR 18112) Traffic stop is reasonable where juvenile failed to place temporary operating permit in preferred rear location of vehicle In this companion case to People v. Hernandez (Dec 12, 2008, S150038), the Court concluded that the officer acted with sufficient particularized suspicion to justify the traffic stop...
California Appeals Court Reverses Drug Conviction on Unreasonable Stop
Posted on January 02, 2009People v. Hernandez (2008 DJDAR 18109) Officer may not stop vehicle displaying temporary operating permit in lieu of license plates on hunch that permit is forged The California Supreme Court recently held that an officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid...
STATE PARDON DOES NOT ENTITLE INADMISSABLE ALIEN CONVICTED OF CRIME RELATED TO CONTROLLED SUBSTANCE TO WAIVER OF DEPORTABILITY
Posted on December 31, 2008A recent 9th Circuit Court of Appeal decision held that a state pardon does not remove all legal consequences of a conviction. This case involves an illegal alien who had a long history of illegal presence in the United States. On February 4, 1993 he pled guilty to unlawful possession of cocaine...
San Diego Criminal Defense Lawyer Simplifies Restraining Order Case
Posted on December 30, 2008Hiring a Lawyer on a Restraining Order Case Can Help You Win the Easy Way In our San Diego criminal defense law office, we receive many calls from people who want help with restraining order matters, including both people who want to file a restraining order and people who need help defending a restraining order...
Rancho Santa Margarita Mediation and Family Law Attorneys
Posted on December 30, 2008Rancho Santa Margarita, California is a relatively new city, in terms of date of incorporation, of approximately 50,000 in Orange County. The city, on its very first day of incorporation, took the title of the longest city name in California. Rancho Santa Margarita is a master planned community; as a result, most of the neighborhoods are managed by one of several homeowners associations...
Los Angeles Attempted Rape Charges Decend on LAPD
Posted on December 29, 2008LAPD officer arrested on accusations of attempted rape An off-duty LAPD officer was arrested Sunday December 7, 2008 in connection with an alleged attempted rape in Los Angeles. The incident allegedly occurred after a Los Angeles Police Department-sanctioned holiday party at a hotel near Los Angeles International Airport...
Little Known Statute May Serve Veterans With PTSD
Posted on December 28, 2008A little known statute may become more prominently cited in the courtroom in the near future as more veterans begin to return from the tours of duty in the Middle East. Pc 1170.9 ?lets judges, under certain circumstances, sentence combat veterans suffering from PTSD (Post Traumatic Stress Disorder) to psychiatric help instead of jail time for their crimes?...
California Criminal Defense Attorneys Dismantle Prosecution's Case
Posted on December 27, 2008Don't accept the police narrative Recently, one of my clients was charged with assault with a deadly weapon in California. According to the police report, my client stabbed the alleged victim for without provocation and was the apparent aggressor in the case...
California Drunk Driving and Elements of a DUI Case
Posted on December 26, 2008What you don?t say and do might help you If you?re over 21, what you don?t say in the course of a California driving under the influence investigation might be the difference between winning and losing your case. In order to know what I mean by this, you have to understand how many prosecutors break down a DUI case...
California Sex Crimes and Internet Crimes Involving Minors
Posted on December 23, 2008Sexual Internet Crimes The internet gives us the freedom to look at anything we want. But what happens when looking is not enough? People will often look at adult content on the internet and some of it is not adult at all. This brings us to the act of looking at underage photos and/or videos on the internet...
Temecula Family Law and Spousal Support Lawyers
Posted on December 23, 2008Temecula, California is a primarily middle to upper-class community of 100,000 residents. It is considered, when combined with Murrieta, to be the southwestern anchor of California?s Inland Empire region. The city is adorned with nine golf courses and the Pechanga Resort and Casino...
Clearing Your Criminal Arrest Record
Posted on December 22, 2008Sealing & Destroying Your Arrest Record Have you ever been arrested in California for criminal charges that you were completely innocent of? Which, you then appear in court for and find out that your case has been dismissed or the District Attorney?s Office never filed the charges against you or rejected you?re case completely...
California Child Abuse Index Laws
Posted on December 21, 2008Suspected of Child Abuse or Child Neglect in California and Your Name On The Child Abuse Central Index Report Are you being accused, investigated, or charged with any type of child abuse or neglect? Or are you a day care provider or foster care parent who has recently been accused of child abuse or neglect? If you have been, then your name may be listed on the Child Abuse Central Index Report (CACI)...
UNLAWFUL SEARCH OF VEHICLE VIOLATES FOURTH AMENDMENT
Posted on December 20, 2008Defendant and Appellant Boot Hughston was arrested and charged with possession of cocaine for sale, possession of methylenedioxymethamphetamine for sale, possession of psilocybin mushrooms for sale, and possession of nitrous oxide in the summer of 2006...
Los Angeles Gang Members May Have Assets Seized by Government
Posted on December 19, 2008Los Angeles prosecutors have filed California?s first lawsuit seeking to seize homes, businesses, and other assets of known members of Los Angeles?s largest gang, the 18th Street gang. The suit was filed on Monday December 8, 2008 against nine leaders of the gang...
If you are questioned about a crime do not talk to the police without an attorney
Posted on December 18, 2008A case that has made international headlines has solemnly reminded all persons accused or being questioned about a crime to not speak with law enforcement prior to consulting with a criminal defense attorney. In 2007, five contract guards working for Blackwater Worldwide shot dead 14 innocent Iraqis and wounded dozens of others in what witnesses and family members claim was an unprovoked attack...
Simi Valley Family Law and Divorce Lawyers
Posted on December 18, 2008The Simi Valley family law attorneys at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing domestic violence or child abuse charges. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients the Simi Valley divorce representation they need to guarantee a favorable result in their case...
Child Custody Attorneys Appointed by Court Not Committed to Your Case
Posted on December 17, 2008Has your child been declared a ward of the state and you don't feel that you are getting adequate representation by your court appointed lawyer? When your child is declared a ward of the state and placed in foster care you will find yourself in Dependency Court...
Gang Affiliation Enhancement to Criminal Charges Increases Sentence
Posted on December 16, 2008I am being charged with a crime with gang enhancements; what does that mean? Gang affiliation is an enhancement that prosecutors can add to a criminal charge. It is important to remember that most times a criminal charge becomes far more serious when made against an alleged gang member...
Orange Child Support and Family Law Attorneys
Posted on December 16, 2008The Orange family law attorneys at Wallin & Klarich have more than 30 years of experience representing Orange County child support and child custody clients who are facing losing custody of their children or increasing child support payments. Orange, California is located in Orange County just a few miles from the county seat, Santa Ana...
OJ Simpson Sentenced for Kidnapping and Assult with a Deadly Weapon
Posted on December 15, 2008OJ Sentenced to prison in Nevada Last Friday, OJ Simpson was sentenced to a maximum of 33 years in a Nevada State prison for his role in a September 2007 kidnapping and assault with a deadly weapon in Las Vegas. In sentencing Simpson, Judge Jackie Glass indicated that the evidence against Simpson was overwhelming...
California Criminal Defense Law Firm Also Handles Family and Dependency Law
Posted on December 14, 2008Wallin and Klarich attorneys practice both California dependency law and family law Often times when a family finds themselves in Dependency Court they also have an existing family law case. When the Dependency Court becomes involved the family law matter is placed on hold...
Buena Park Hit and Run Driver Turns Himself In
Posted on December 13, 2008Hit & Run and Consequences It was a dark, busy intersection, and a woman was not using a crosswalk. The woman was killed near the intersection of Beach Boulevard and La Palma Avenue in Buena Park, CA. The man who turned himself in is Salvador Sanchez Perez, Sr...
Child Abuse Central Index: How to Remove Your Name
Posted on December 12, 2008I JUST FOUND OUT THAT MY NAME IS ON THE CHILD ABUSE CENTRAL INDEX; WHAT CAN I DO TO REMOVE MY NAME. Within 5 business days of the county submitting information to the Department of Justice (DOJ) to list any individual on the Child Abuse Central Index (CACI), the county is supposed to provide you with written notice...
Sexual Assault Conviction Overturned on Fair Trial Violation
Posted on December 12, 2008Nebraska Supreme Court Overrules Sexual Assault Conviction The Nebraska Supreme Court overturned a 2006 sexual assault conviction on Friday October 24, 2008 after hearing defendant Steven Parker?s case. Parker, of Colorado Springs, Colorado, was convicted of first degree sexual assault in 2006 and sentenced to 10 to 16 years in prison...
Newport Beach Family Law and Child Custody Attorneys
Posted on December 11, 2008The Newport Beach criminal defense lawyers at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing criminal charges, including everything from misdemeanors to felonies to DUI/DWI and DMV hearings. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients the Newport Beach felony defense they need to guarantee a favorable result in their case...
Failure to Appear in Court May Increase Your Sentence
Posted on December 11, 2008Skipping Trial Can Result in Worse Sentencing On October 27, 2008 the California Supreme Court upheld the 27 year sentence of a man accused of carjacking in California who was absent during the most critical stages of the trial. Ryan Conception escaped from custody, briefly enjoying his freedom several miles away from the court house until he was re-apprehended...
Expungements and Cleaning up Your Criminal Record
Posted on December 10, 2008Your right to expunge or seal your criminal records - why expungements are important A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, voting, obtaining certain licenses (nursing, realtor, medical, and other professional licenses), running for political positions, and other benefits of society we take for granted...
Mission Viejo Family Law Attorneys and Divorce Lawyers
Posted on December 09, 2008The Mission Viejo criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending Orange County clients who are facing criminal charges, including misdemeanors, felonies, federal and internet crimes. Mission Viejo, California is located in the Saddleback Valley in Orange County...
California DUI Checkpoint and Drunk Driving Arrests
Posted on December 09, 2008Sobriety Roadblocks and Checkpoints If you were charged with drunk driving in California after a sobriety checkpoint investigation, you need the help of a competent attorney as soon as possible. Please contact Wallin & Klarich at (888) 749-0034 or www...
Bench Warrant Issued for DMX Due to Failed Court Appearance
Posted on December 08, 2008For Rapper DMX, rehab does not halt court proceedings. Admitting yourself into a rehab facility will not halt court proceedings and could result in a bench or arrest warrant being issued against you. Such is the case with rapper DMX. Once again he was a no-show to court today because he admitted himself to an undisclosed residential rehabilitation center...
California Marijuana Defense Attorneys Can Help You
Posted on December 07, 2008BUSTED FOR MARIJUANA? The law firm of Wallin & Klarich has been defending those charged with possession of marijuana in California for over 30 years. Whether it be cultivating, transporting or selling marijuana, our law firm has been successful in defending against these charges...
Criminal Defense Attorneys for OJ Simpson Did Their Best
Posted on December 06, 2008ATTORNEYS THAT KNOW THE INS AND OUTS OF THE COURT THEY PRACTICE IN CAN MAKE A DIFFERENCE IN THE REPRESENTATION As we have all heard or seen in the highly publicized OJ Simpson case in Nevada, OJ was sentenced for numerous counts of crimes ranging from robbery to assault and conspiracy...
Violent Domestic Abuse May Call For Restraining Order
Posted on December 05, 2008Domestic Violence Restraining Orders, Do I Need One? As you have likely heard in the news more recently, American Idol?s own Jennifer Hudson lost her mother, her brother and young nephew to violent domestic violence crimes. The suspect is believed to be the estranged husband of Jennifer Hudson?s sister, and this individual is not even the biological father of Ms...
California Family Law Attorneys Wrestled Conflicting State and Federal Law
Posted on December 04, 2008Gay Marriage Dilemma in California On May 15, 2008 the California Supreme Court voted declared unconstitutional a state ban on same-sex marriage. While a victory for thousands of gay couples across the state and nation, the case did not appear to give them more substantive rights than previously enjoyed under California?s Domestic Partnership Law...
California Appeals Court Reverses Guilty Verdict due to Juror Coercion
Posted on December 03, 2008You may be able to get conviction reversed if the judge pressures juror to change their vote A recently decided case highlights a problem that faces accused criminals in the court system: judges pressuring jurors to change their vote from not guilty to guilty...
California Supreme Court holds that trial court may not modify material term of plea agreement granting probation without both parties' consent
Posted on December 02, 2008It was alleged that on May 29, 2005, Defendant Luis Gregorio Segura inflicted corporal injury upon his spouse, a serious or violent three-strikes felony within the meaning of the ?Three Strikes? law. Segura negotiated with the prosecutor a plea of no contest to the present charge in exchange for which a prior conviction allegation for felony battery, also a serious or violent felony within the meaning of the Three Strikes law, would be dismissed...
Criminal Defense Attorneys Now More Difficult to Prosecute
Posted on December 01, 2008Retaining the best criminal defense law firm is critical in you case because if you hire the wrong lawyer and he makes legal errors it is almost impossible to bring a successful lawsuit against a California criminal defense attorney Over the past few decades, criminal defense attorneys have gained more and more respect in the legal community...
Compassionate release program may assist state prison inmates with early release from prison
Posted on November 30, 2008Of the various ways California prisoners may try to be released from confinement early, only a few capable Southern California criminal defense lawyers are aware of a method called compassionate release. Prisoners are occasionally freed from prison if it can be show that they have six months or less to live, and that they no longer present a threat to society...
Felony Assault and Solicitation Charges against LA Police Office
Posted on November 29, 2008LAPD officer charged with soliciting sex and sexual assault in Los Angeles to a young west LA woman Officer Russel Mecano was charged Tuesday November 4, 2008 with one misdemeanor count of solicitation of prostitution and felony counts of sexual battery by unlawful restraint, penetration by a foreign object by a public official, and penetration by a foreign object under duress...
Felony Grand Theft and Insurance Fraud Conviction against Los Gatos Chiropractor
Posted on November 28, 2008Los Gatos chiropractor to server two years in prison for insurance fraud Robert Arnold Demarco, a 42-year-old chiropractor was convicted of defrauding insurance companies of more than $250,000 by over billing for services he didn?t perform. The Los Gatos Chiropractor was sentenced to two years in state prison by Santa Clara Superior Court after pleading guilty to one count of felony grand theft in California and one count of false insurance claim...
Newport Beach Murder Suspect Sentenced to Death
Posted on November 28, 200829-year-old man sentenced to death for murder of Newport Beach couple A Santa Ana jury Thursday ordered the death penalty for Skylar Deleon who was convicted on October 21, 2008 for the 2004 murder of Tom and Jackie Hawks. The Newport Beach murder took place on their yacht where the couple was allegedly was lashed to the anchor of the yacht and thrown overboard...
California Appeals Court to Hear Hollywood Movie Director's Guilty Plea Withdrawal
Posted on November 26, 2008Director of "Die Hard" movie appeals decision with argument to withdraw previous guilty plea U.S. District Judge Dale S. Fischer may have to reconsider Hollywood movie director John McTiernan?s argument to withdraw his guilty plea of lying to the FBI over his links to disgraced private eye Anthony Pellicano...
Torrance Divorce Lawyers and Family Law Attorneys
Posted on November 26, 2008The Torrance family law attorneys at Wallin & Klarich have more than 30 years of experience defending Los Angeles County clients who are dealing with spousal support, modification of custody or restraining orders. Torrance, California is a community of nearly 140,000 residents that was founded nearly a century ago...
ACLU Study Reveals LAPD Racial Profiling
Posted on November 25, 2008Recent ACLU study released shows serious racial profiling by LAPD against African Americans and Hispanics The American Civil Liberties Union released a study saying that ?when compared with whites, African Americans and Hispanics are much more likely to be stopped, frisked, searched ? with and without their consent ? and arrested...
Felony Possession of a Dirk or Dagger in California Conviction Overturned on Appeal
Posted on November 24, 20082006 switchblade felony conviction on appeal closes in favor of appellant, original charges reinstated A December felony complaint against Gary Plumlee was recently reinstated the Superior Court of Tulare County. Plumlee was originally charged on December 4, 2006 with ?carrying a dirk or dagger concealed upon the person? (pc 12020), a felony offense in California, and ?using or being under the influence of methamphetamine...
Former Georgetown Police Officer Convicted of Rape
Posted on November 23, 2008Former police officer convicted of raping a drunk woman after responding to a domestic disturbance call Jimmy Lewis Fennell Jr., a former police officer in Georgetown, Texas, was convicted on Friday September 19, 2008 of raping a drunken woman after responding to a domestic disturbance call...
San Jose Murder Conviction Nearly 30 Years After the Incident
Posted on November 22, 2008San Jose rape and murder trial comes to a close as 56-year-old parolee is convicted of a 1979 murder 56-year-old Timothy William Brown was found guilty of raping, beating, and stabbing to death a mother of two in 1979. A Santa Clara County jury closed the 30-year-old case on Thursday September 18, 2008 as they found Brown guilty of the San Jose murder of Virginia Correa, an electronics technician and mother of two who had last been seen back on January 15, 1979...
Murder Conviction Allows for Parole in 25 Years
Posted on November 21, 200819-year-old former University of Arizona student is convicted of first degree murder Galareka Harrison, a 19-year-old former student at the University of Arizona was convicted of first-degree murder on Friday September 19, 2008. Harrison was convicted of murder in the death of her 18-year-old roommate Mia Henderson after she was found guilty of stabbing Henderson 23 times...
California Child Abuse Index Law Held Unconstitutional
Posted on November 20, 2008Parents and others who have their name added to the child abuse index now can take legal action to have their names removed A recent 9th Circuit Court of Appeal panel ruled that a couple?s inability to remove their names from the Child Abuse Central Index is illegal and unconstitutional...
Palmdale Family Law and Domestic Violence Lawyers
Posted on November 20, 2008Palmdale, California is one of the largest cities in the Mojave Desert. Palmdale was and continues to be a key location during much of the research and development on many of the United States Air Force's modern aircraft. Some of the better known projects include the SR-71 Blackbird, F-117 Nighthawk, B2 Spirit and the F-35 JSF...
Criminal Defense Attorney Private Investigation Leads to Dismissal
Posted on November 19, 2008It really pays to hire an attorney who will independently investigate your case My case started like a bad dream. One night, after being out all night with my girlfriend, I went over later in the evening to another one of my friend?s house to visit him...
Ontario Family Law and Child Support Lawyers
Posted on November 18, 2008Ontario, California is a thriving city in San Bernardino County. The city?s population has exploded; increasing to nearly one hundred times the size it was one hundred years ago. Today, it hosts a small international airport and an ECHL hockey team, the Ontario Reign...
Orange County Murder and Great Bodily Injury Faced by Man Following Police Chase
Posted on November 18, 2008Murder of a Fetus In recent news, a man who was accused of murder for causing a car crash that killed an eight-month old fetus is facing one felony charge of murder in Orange County , after evading authorities while recklessly driving with a sentencing enhancement for causing great bodily injury...
Britney Spears' Los Angeles County Child Custody Battle Continues
Posted on November 17, 2008Britney Spears? Custody Battle It is unlikely that Britney Spears will regain child custody in Los Angeles County or have her visitation increased anytime soon, due to her father having been awarded permanent conservatorship and retaining control of her finances...
Los Angeles County Sexual Assault Cases to go Unprosecuted
Posted on November 16, 2008Los Angeles County District Attorney?s Office Unable to Prosecute More Than 200 Sexual Assault Cases According to the results of an audit released last month, more than 200 open cases of sexual assault in Los Angeles County will not be prosecuted. This is the result of the LAPD?s Scientific Investigations Division failing to test DNA evidence before the 10 year Statute of Limitations passed...
California Restraining Orders Affords Protection Under the Law
Posted on November 15, 2008Restraining Order, Do I need one to protect myself legally if someone is harassing or stalking me? If someone is stalking, harassing, threatening you, etc. you can seek a civil harassment restraining order (RO). A civil harassment RO is appropriate if you are not related to, not married to, do not have children with, do not have a dating relationship, etc with the person that is stalking/harassing/threatening you...
California Felony Charges with Great Bodily Injury by Pregnancy
Posted on November 14, 2008Pregnancy Can Be Considered "Great Bodily Injury" Under California law, anyone who in the commission of a felony ?personally inflicts great bodily injury?.shall be punished by an additional and consecutive term of imprisonment.? (Penal Code §12022.7, subd...
Immigration Law and Vacating a Plea
Posted on November 13, 2008People v. Akhile For those considering filing a motion to vacate a plea based on Penal Code Section 1016.5, familiarity with this case is a must. In the above case, Appellant is a Native of Nigeria who entered the United States on a Tourist Visa and never left...
San Bernardino Family Law and Divorce Attorneys
Posted on November 13, 2008San Bernardino, California is the county seat of San Bernardino County. Located in the southwestern area of the county, San Bernardino occupies most of the San Bernardino Valley and is a large part of California?s Inland Empire. San Bernardino has had the unfortunate distinction as one of America?s most dangerous cities from 2003 through 2005...
Faulty Fingerprinting Analysis Results in Innocent People Being Wrongfully Accused
Posted on November 12, 2008After an internal investigation by the LAPD, LAPD officials recently acknowledged that two innocent people were wrongfully accused of committing crimes after they were erroneously identified by LAPD fingerprint experts! Even more alarming is the fact that LAPD officials acknowledge that several other individuals were likely wrongfully accused in the past as result of faulty fingerprinting analysis, but they do not have the resources to pay for a thorough audit to find out just how many...
California Minor in Possession Law Explained
Posted on November 11, 2008Minor in Possession of Alcohol Many people under the age of 21 think it is okay to consume alcohol as long as they stay under the 0.08% limit. It is true that according to the law, intoxication is defined as having a blood alcohol level of 0.08% or higher and driving under the influence of alcohol if behind the wheel...
Riverside Criminal Defense and DUI Lawyers
Posted on November 11, 2008The Riverside criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending Riverside County clients who are facing criminal charges, including misdemeanors, felonies, federal and internet crimes. Riverside, California is the county seat of Riverside County...
California Drug Crime Consequences to be Decided on Prop 5
Posted on November 10, 2008California Drug Offenses There exists a need for expanding access to drug treatment programs for those individuals who need it and will benefit from it. Incarceration is not the answer. California voters passed Proposition 36 in 2000 and now we face another important decision to make with Proposition 5...
California Drivers License Suspension for Speeding
Posted on November 07, 2008Speeding over 100 MPH in California In California you can lose your drivers license if caught driving 100 mph or more. California Vehicle Code 22348(b)(1) allows a judge to leave you with a suspended drivers license for 30 days if your caught doing 100 mph...
California Criminal Defense Attorneys Must Keep Their Clients Informed
Posted on November 06, 2008You Need a Lawyer Who Tells You What Your Rights Are A recent appellate decision came down where judges reiterated the fact that lawyers need to tell clients what their rights are. Most California criminal defense lawyers of course know that part of their job duties includes telling their clients what their rights are...
San Diego Criminal Defense Attorneys and DUI Lawyers
Posted on November 06, 2008San Diego, California is the county seat of San Diego County and the second largest city in California. San Diego hosts two major league sports teams: the San Diego Chargers (NFL) and the San Diego Padres (MLB). Other attractions include the San Diego Zoo and the many miles of fine beaches...
Internet Sex Crimes Can Start in a Chat Room
Posted on November 05, 2008Be careful on the Internet If you find yourself in a chat room or talking to someone online, be careful of the age of that other person. California makes it a crime to discuss sexual matters online to someone who is under 18 years old, or somoene who you ?think? is under 18 years old...
Orange County DUI Charges Dismissed after Statutory Period Passes
Posted on November 04, 2008DUI dismissed when lawyer withdraws waiver of time and defendant is not brought to trial within statutory period In a recent Orange County DUI case it was decided that the defendant be able to have his case dismissed because the court did not have his case tried within the statutory period...
Manhattan Beach DUI Lawyers and Criminal Defense Attorneys
Posted on November 04, 2008The Manhattan Beach criminal defense attorneys at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing criminal charges, including everything from misdemeanors to felonies to DUI/DWI and DMV hearings. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients the Manhattan Beach three strikes defense they need to guarantee a favorable result in their case...
Expunging Your Criminal Record
Posted on November 03, 2008Why hiring a California expungement lawyer to clean up your criminal record is so important A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, voting, obtaining certain licenses, running for political positions, and other benefits of society we take for granted...
California Criminal Defense Attorney Weighs in on Posting Bail
Posted on October 31, 2008Why i should have the assistance of a California criminal defense lawyer before i make the decision to bail out my loved one What Is Bail, and How Is It Set? The amount of bail is a sum of money that an accused must deposit with the court to ensure that you will appear...
California Criminal Defense: Changing Judges or Commissioners
Posted on October 30, 2008What can i do if i do not like the judge or commissioner that is assigned to my case? Do you have a case where you do not like the commissioner or judge and want your case to be heard in front of a different judicial officer? It is common when a judicial officer does not rule in your favor or you feel that they are biased towards the opposing party, you want your case to be heard by someone else...
Los Angeles DWI/DUI and Criminal Defense Attorneys
Posted on October 30, 2008The Los Angeles criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending Los Angeles County clients who are facing criminal charges, including misdemeanors, felonies, federal and internet crimes. Los Angeles, California is the second largest city in the United States with a population of approximately 3...
Regaining Child Custody and Terminating Child Guardianship
Posted on October 29, 2008How do I terminate a guardianship to get my kids back? When parents have marital problems and/or are addicted to drugs and alcohol, the grandparents may realize that the children are not in a healthy environment and request guardianship of the children...
Criminal Defense Attorneys and Self-Representation
Posted on October 28, 2008Can i represent myself in my criminal case? What can an experienced criminal defense lawyer do for me? You need a qualified and aggressive criminal defense attorney to fight for you and your freedom. Call WALLIN & KLARICH 24 hours a day 7 days a week at 1-888-749-0034 or find us online at www...
Tustin Drunk Driving Attorneys and Criminal Defense Lawyers
Posted on October 28, 2008Tustin, California is a small city located near the county seat of Orange County, Santa Ana. The city was founded late in the 19th century on what was formerly part of the great Rancho Santiago de Santa Ana. Since then it served a small role during World War II as a naval anti-submarine airship base...
California Appeals Court Rules that DA Cannot "Surprise Defendant" With New Torture Charges
Posted on October 27, 2008Criminal defense attorney files writ to have charges missed due to unfair surprise A California Court of Appeals recently reviewed a writ of prohibition to restrain the Superior Court of San Diego County from proceeding further on torture charges that were pending against Augustin Robert Quinones...
San Francisco Lawyer Convicted of Second Degree Murder
Posted on October 24, 2008Dog mauling conviction for second degree murder in California results in 15 year to life sentence for former lawyer A San Francisco County Superior Court Judge sentenced Marjorie Knoller to 15 years to life in prison for the mauling death of her neighbor Diane Whipple...
Valencia Criminal Defense and DUI Attorneys
Posted on October 23, 2008Valencia, California is a planned community that along with three other communities, merged to form Santa Clarita, California in 1987. The area is extensively used as filming locations for many TV series', past and present. Some of these shows include The Power Rangers, NCIS, Weeds and Melrose Place...
Fourth Rape Charge Faced by Former Deputy Sheriff
Posted on October 22, 2008Retaining a skilled felony criminal defense law firm is critical when facing rape charges Sheriff?s Sgt. Mike Rodriguez was arrested recently on suspicion of his fourth rape charge along with two other felony counts including possession of firearms and ammunition while under a restraining order...
Ventura DUI/DWI Lawyers and Criminal Defense Attorneys
Posted on October 21, 2008The Ventura criminal defense attorneys at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing criminal charges, including everything from misdemeanors to felonies to DUI/DWI and DMV hearings. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients the Ventura felony defense they need to guarantee a favorable result in their case...
Federal Criminal Case Judges Can Reject Plea Bargains
Posted on October 20, 2008Judges have the power to reject plea bargains in federal criminal cases; hiring an experienced federal criminal attorney can assist you in obtaining a positive result in your case A federal judge recently rejected a plea bargain made between the accused and the prosecutors that would have given an Orange County billionaire probation for lying to regulators about his role in an alleged $2...
California Drug and Weapons Charges Prompts Pat Down Legality Dispute
Posted on October 17, 2008When you are facing drug charges you need the legal representation of highly qualified criminal defense lawyers to help you win your case. Tyree Christopher Collier was denied his motion to suppress evidence on Thursday, September 18, 2008 and plead guilty to concealed firearm charges in California...
Victorville Criminal Defense and Drunk Driving Lawyers
Posted on October 16, 2008The Victorville criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending San Bernardino County clients who are facing criminal charges, including misdemeanors, felonies, federal and internet crimes. Victorville, California is located in the Victor Valley of western San Bernardino County...
Orange County Federal Crime Plea Agreement Denied on Samueli Case
Posted on October 15, 2008$12.2 million payment and five year probation plea for Orange County billionaire and Broadcom co-founder Henry Samueli rejected On Monday September 8, 2008 a federal judge in Orange County Federal Court rejected the felony plea deal for Henry Samueli to pay $12...
La Mirada DUI/DWI and Criminal Defense Lawyers
Posted on October 14, 2008The La Mirada criminal defense attorneys at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing criminal charges, including everything from misdemeanors to felonies to DUI/DWI and DMV hearings. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients the La Mirada felony defense they need to guarantee a favorable result in their case...
Vehicular Manslaughter Defendant Receives Probation in San Diego
Posted on October 13, 2008Vehicular manslaughter case results in probation for defendant tue to excellent work by his San Diego criminal defense attorney On September 10, 2008 19-year-old Alec O?Keefe was ordered to serve a year in county jail and was placed on five years? probation...
Assault with Deadly Weapon Charges against School Janitor
Posted on October 10, 2008Accused of Pistol-whipping, Janitor is charged with Assault with Deadly Weapon Often times, anger and bitterness can lead to outrages acts. It is extremely important to realize that although we may consider ourselves calm and collected people, life may throw something unexpected our way and there?s no telling how we might react...
Huntington Beach Criminal Defense and DUI Defense Attorneys
Posted on October 09, 2008Huntington Beach, California is a city of nearly 200,000 situated along the coast in northern Orange County. It is most famous for its impressive 12-mile beach and excellent surfing conditions. Its position relative to Catalina Island creates a unique natural effect that generates pristine surf that attracts surfers from all over the world...
DUI Defense Attorneys Can Keep You Out of Court
Posted on October 08, 2008If you retain a criminal defense law firm to represent you when you are arrested for a DUI you do not have to appear in court If you have been arrested for a DUI you should have been given a citation by the police officer indicating the date of your initial court appearance...
Hemet Criminal and DUI Defense Lawyers
Posted on October 07, 2008Hemet, California is a city in Riverside County and the site of the world?s largest outdoor play, Ramona, which takes place once every year. The Hemet-Ryan airport is actually the site of the former flight school that was used to train over 6,000 pilots for the United States Air Force during World War II...
Public Criminal Defense Attorneys Overworked
Posted on October 06, 2008Public defender caseloads go through the roof and Supreme Court to set minimum standards for public defenders It was reported in the Los Angeles Daily Journal that the Supreme Court of Nevada is stepping in to do their best to try to improve the quality of criminal defense attorney representation that those accused of crimes receive when appointed a public defender...
Criminal Defense Attorney Rights Relating to Client Perjury
Posted on October 03, 2008What is a criminal defense attorney to do when the attorney believes that their client may "lie" when he or she testifies? A criminal defense attorney has an obligation to present his clients defense aggressively and at all times to make certain that his clients? rights are protected...
Long Beach DUI and Criminal Defense Attorneys
Posted on October 02, 2008The Long Beach criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending Los Angeles County clients who are facing criminal charges, including misdemeanors, felonies, federal and internet crimes. Long Beach, California is part of the Los Angeles metropolitan area and one of the largest cities in California...
Shia LaBeouf DUI Charges Dropped but License Suspension Holds
Posted on October 01, 2008DUI Charge dropped against Shia LaBeouf but he has lost his driving privilege for refusing chemical test. Shia LaBeouf?s late July arrest came to a conclusion recently. LaBeouf was arrested on suspicion of drunk driving but authorities have said that there is not enough evidence to charge him with a DUI...
A-Rod Prenuptual Agreement Challenged by Estranged Wife, Now Settled
Posted on September 30, 2008It is important to have a knowledgeable family law attorney prepare and review any prenuptual agreement prior to marriage to protect your property. New York Yankees Baseball star Alex Rodriguez had executed a prenuptial agreement with his wife prior to their marriage...
California Traffic Lawyers can Take on "Eye in the Sky"
Posted on September 29, 2008The California Highway Patrol utilizes fixed wing aircraft to nail speeders on highways. The California Department of Transportation painted ?mile markers? on the highways to assist the CHP pilot in ascertaining the speed of the vehicle. These markers are large white lines that run perpendicular to the solid white emergency lane...
Heather Locklear Arrested on California DUI and Controlled Substance Charges
Posted on September 29, 2008Heather Locklear was arrested for DUI on Saturday afternoon for suspicion of driving under the influence of a controlled substance in the Santa Barbara area. Locklear was pulled over by a California Highway Patrol officer Saturday afternoon after a resident reported seeing the actress leaving a parking lot and driving recklessly...
DMV Hearing 10-Day-Rule: How to Save Your License
Posted on September 26, 2008DUI-DMV hearing and the "10-Day-Rule": Save your driving privilege by calling a DMV lawyer to help you Upon being arrested for DUI in California, the police officer should have taken your California Driver?s License and issued you a pink piece of paper, which serves as a temporary 30-day license...
El Cajon Criminal Defense and DUI Lawyers
Posted on September 25, 2008The El Cajon criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending San Diego County clients who are facing criminal charges, including misdemeanors, felonies, federal and internet crimes. El Cajon, California lies within San Diego County...
Alternative Sentencing in the Future for Burglary, Theft and Other Charges
Posted on September 24, 2008Drug programs may be a new alternative to jail time for felony burglary, felony grand theft and other offenses if new law passes A California ballot measure that purports to help drug offenders is being opposed by virtually every law enforcement organization in the state...
Woodland Hills Criminal Defense and DUI Attorneys
Posted on September 23, 2008Woodland Hills, California is located in the southwestern area of the San Fernando Valley. With a population of approximately 70,000 and growing, the area around Woodland Hills is bustling with commuters, commerce and small business ventures. The Woodland Hills Country Club, the entertainment complex, ?The Warner Center? and a new transit hub, the western end of the orange line, have all added to the popularity of this region...
Avoiding Criminal Conviction With Your Criminal Defense Attorney
Posted on September 22, 2008Why hiring a skilled criminal defense attorney can help you avoid a criminal conviction We often receive questions about how a person who has plead guilty to a crime can return to court and withdraw his guilty plea. The answer is that in some cases we will be able to accomplish this for our clients but in others we may not be able to do so...
West Covina Drunk Driving Defense & Criminal Attorneys
Posted on September 19, 2008West Covina, California is a community of 110,000 residents covering 17 square miles, located in the San Gabriel Valley just 20 miles east of Los Angeles. The city hosts two regional shopping malls and has a strong civic base of community involvement...
Jury Selection Comes to Close in OJ Simpson Trial
Posted on September 18, 2008Jury is selected on Friday, September 12, 2008 for OJ Simpson trial after nearly 500 potential jury members are rejected. After over a month of screening, the 12 person jury along with the 6 alternates was selected for the OJ Simpson trial in Las Vegas, Nevada...
Culver City DUI and Criminal Defense Lawyers
Posted on September 17, 2008The Culver City criminal defense attorneys at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing criminal charges, including everything from misdemeanors to felonies to DUI/DWI and DMV hearings. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients the Culver City felony defense they need to guarantee a favorable result in their case...
Criminal Defense Attorneys Needed to Battle Dishonest Cops
Posted on September 16, 2008Contrary to what you might have been taught when you were a youngster, the police do not always tell the truth! This is a sad realization that happens more than one would think. As criminal defense attorneys in Los Angeles, we see it all the time. Some examples of police dishonesty that we come across include police lying to suspects during interrogations in order to get them to talk, inaccurate and/or erroneous police reports, etc...
San Diego Criminal Defense Attorney Negotiates Reduced Sentence for Client
Posted on September 15, 2008Vehicular Manslaughter Case Results in Probation for Defendant Due to Excellent Work by his San Diego Criminal Defense Lawyer On September 10, 2008 19-year-old Alec O?Keefe was ordered to serve a year in county jail and was placed on five years? probation...
Rapper Kanye West Charged With Assault With A Deadly Weapon at LAX
Posted on September 12, 2008WHETHER YOU ARE CELEBRITY OR NOT WHEN YOU TAKE THE LAW INTO YOUR OWN HANDS AND ASSAULT A PHOTOGRAPHER YOU ARE GOING TO NEED A SKILLED LOS ANGELES CRIMINAL DEFENSE ATTORNEY TO HELP YOU It was reported that Kanye West was arrested for Assault with a Deadly Weapon at LAX on Thursday morning...
Is Sentence Modification or Reduction Possible for Me?
Posted on September 11, 2008Our experienced criminal defense lawyers in California frequently are contacted by family members of individuals who have plead guilty to a crime and been sentenced to serve time in state prison. These concerned family members want to know whether we can take their loved ones case back to court and ask the judge to modify the sentence or reduce the sentence...
Sex Crime Law and Megan's Law Hysteria
Posted on September 10, 2008Are you or a loved one charged with or convicted of a sex crime? If so, a host of complicated legal issues await you. The California sex crime defense lawyers at the law firm of Wallin & Klarich has represented thousands of individuals over the past 30 years that have had legal issues with the justice system regarding sex crimes...
Beverly Hills Criminal and DUI Defense Lawyers
Posted on September 09, 2008Beverly Hills, CA is a city located in western Los Angeles County. Home to multi-million dollar homes and retail outlets that cater exclusively to the rich and affluent, Beverly Hills is as famous for its high-priced sales boutiques as it is its high-powered Hollywood clientele...
Family Law Cases Impacted by Your Courtroom Behavior
Posted on September 03, 2008The next time you are in court be mindful of what you say in court and how you say it. In particular, the Family law courts. There have been instances in family law courts where the judge has completely disregarded and brushed off a mediator's recommendation...
California DUI and DWI Crackdown for Labor Day Weekend
Posted on September 02, 2008With the Labor Day weekend approaching, motorists are being warned to not let their "end-of-summer celebrations" draw to a close with a DUI arrest. Law enforcement agencies throughout California and the United States for that matter will be cracking down on drunk driving in California during the weeks leading up to Labor Day...
Criminal Appeals Lawyers Reduce Probation Terms
Posted on September 01, 2008The actions of a California criminal appeals lawyer recently compelled a California Court of Appeals to strike down as unconstitutionally overbroad a term of probation that stated that the defendant was not permitted to "associate, socially, nor be present at any time, at any place, public or private, with any person, as designated by his probation officer...
Criminal Defense Attorneys to Revise Filing Motions to Suppress Evidence in Light of Supreme Court Ruling
Posted on August 29, 2008Previously, we discussed how the Supreme Court's Heller opinion might impact upon specific pieces of legislation that might impinge upon the individual right to "keep and bear arms." In this final installment, we discuss how the Court's opinion might impact certain law enforcement practices...
Domestic Violence Conviction and Firearm Possession Likely Impacted by Recent Supreme Court Decision
Posted on August 28, 2008We have been discussing the impact on the U.S. Supreme Court's ruling in D.C. v. Heller and how that ruling might negatively impact on various gun regulations. In this installment, we discuss how this ruling might impact on the Lautenberg Act. (18 U.S...
Those Fighting Restraining Orders Should Contact a Restraining Order Lawyer Following Recent Supreme Court Decision
Posted on August 27, 2008In the previous two installments, we discussed how the U.S. Supreme Court's opinion in D.C. v. Heller left open many important questions concerning how the newly established "individual" right to "keep and bear arms" fits within present laws restricting an individual's ability to exercise said right, and how, typically, a government seeking to restrict a person's exercise of a "fundamental" right has to make a very strong showing as to why the person's right should be restricted...
Convicted Felons in Possession of Firearms Impacted by US Supreme Court Decision and how Criminal Defense Attorneys Can Help
Posted on August 26, 2008In the previous installment, we saw how the U.S. Supreme Court's ruling in D.C. v. Heller left many important questions about the scope of the Second Amendment unanswered. These questions included important issues as, how should a court go about balancing the individual's constitutional right to "keep and bear arms" against a government's attempt to regulate the possession of firearms, and, whatever test the Court later decides to implement, how will present laws stack up against the numerous laws that are in place restricting the individual right of citizens to "keep and bear arms...
Firearm Cases and Laws to be Impacted by Supreme Court Ruling
Posted on August 25, 2008On June 26, 2008, the United States Supreme Court issued its opinion in the case of District of Columbia v. Heller (2008) 128 S. Ct. 645. The issue in the case was whether Washington, D.C.'s gun law ran afoul of the Second Amendment to the United States Constitution...
Neglect and Sex Crime Charges Information Retained and Sometimes Released
Posted on August 22, 2008The Department of Justice (DOJ) maintains an index of any and all sexual abuse charges and severe neglect reports submitted. The index is continually updated by the department and should not contain any reports that are determined to be unfounded. If the claim is found to be inconclusive or unsubstantiated that person shall be deleted from the Child Abuse Central Index (CACI) after 10 years if there are no subsequent reports concerning the same suspected child abuser...
Felony Assault Conviction Requires Present Ability to Cause Harm
Posted on August 21, 2008Defendant repeatedly threatened to kill victim, put bag over victim?s head, threatened to light oven gas, held a knife to victim?s throat, put a noose around victim?s neck, and covered victim?s head with duct tape, and victim smelled gas, but ventilation within the victim?s mobile home prevented defendant from igniting the gas despite defendant?s efforts, the gas did not give defendant the present ability to cause harm to support defendant?s conviction for felony assault...
Century City DUI and Criminal Defense Lawyers
Posted on August 21, 2008The Century City, California criminal defense attorneys at Wallin & Klarich have more than 30 years of experience defending clients who are facing criminal charges, including misdemeanors, felonies, DUI/DWI and DMV hearings. Having operated in the area for so long we have a familiarity with local judges, district attorneys and courts that afford our clients the highest quality Century City felony defense...
Child Abuse Central Index and How to Get Removed
Posted on August 20, 2008Within 5 business days of the county submitting information to the Department of Justice (DOJ) to list any individual on the Child Abuse Central Index (CACI), the county is supposed to provide you with written notice. It is very important that the person to be listed on the CACI hire a knowledgeable family law attorney because of the time requirements to be heard and the severity and consequences of being listed on the CACI...
California Expungement Lawyers a Must When Cleaning up Your Criminal Record
Posted on August 19, 2008As one of the Wallin & Klarich expungement attorneys in San Diego, I am frequently in the San Diego courthouses. I am very familiar with all of the courthouses in San Diego: Downtown, El Cajon, Vista, and Chula Vista. Because I spend so much time in court, with the judges, District Attorneys, and City Attorneys, I also have the opportunity to see other people?s cases in court...
Ventura Drug Possession Charges Fail to Land Hells Angels Biker in Jail
Posted on August 18, 2008According to a recent press release, former Hells Angels leader George Christie Jr. pleaded guilty in Superior Court this week to misdemeanor being under the influence of a controlled substance and felony drug possession in Ventura, but will do no jail time...
Orange County Jail Guards' Assault Prompts Inmate Lawsuit
Posted on August 15, 2008Orange County jail inmate sues for brutality by Orange County jail guards. An inmate at the Orange County jail has filed a lawsuit alleging that he was kicked, punched and otherwise assaulted by police officers from the Orange County Sheriff's department while he was in custody...
All Criminal Defendants, Including Illegal Aliens, Deserve Fair Treatment
Posted on August 14, 2008Judges must treat all persons who come before them with respect and cannot treat aliens accused of crimes more harshly than others A recent article reported that a judge was censured for his unfair treatment of illegal aliens who came before him. It is a fundamental right of all persons who are accused of a crime to be treated fairly, regardless of their race, religion or immigration status...
Drug Charges And Failure To Appear Could Land Rapper DMX In Jail
Posted on August 13, 2008DMX will need to hire a very good criminal defense attorney if he wants to stay out of jail as a bench warrant is likely going to be issued for his arrest. Rapper DMX was to appear in court for drug crimes on August 12, 2008 and it was reported that he failed to appear...
Right to Speak at Sentencing for California Criminal Defendants Struck Down
Posted on August 13, 2008As amazing as it may sound the California Supreme Court ruled on July 24, 2008 that a defendant has no constitutional right to address the court at his sentencing hearing to ask for leniency. The highest court in California ruled the only thing the defendant can state at his California criminal defense sentencing hearing is whether or not the defendant feels his sentence is ?illegal?...
Appeals Court Rules on Community Funds Spent on Retirement Credits
Posted on August 12, 2008The California criminal appeals court, the Sixth District Court of Appeals, just ruled that if community funds are used to repurchase retirement service credits then the community has an interest in those service credits and not merely a right of reimbursement...
Cerritos Criminal and DUI Defense Lawyers
Posted on August 11, 2008Cerritos, California is part of the Los Angeles-Long Beach-Santa Ana metropolitan area and is considered one of the ?Gateway Cities? of the southeast portion of Los Angeles County. Cerritos is unlike many cities in the United States in that it is chartered; that is, residents choose its form of government and not State or Federal law...
Check Disciplinary History Before Retaining a Criminal Defense Attorney
Posted on August 08, 2008Anyone who is seeking legal representation for their California criminal defense matters wants to have a very qualified lawyer fighting for them. One way the State Bar of California is trying to help consumers in making an informed decision is their recent decision to post ?online? all prior attorney disciplinary history on the State Bar of California website...
Consult a Criminal Defense Lawyer Before Accepting Police Informant "Deal"
Posted on August 07, 2008A recent death of a young female college student makes clear that agreeing to work with the police in exchange for some possible leniency in your criminal case can have deadly consequences. A young woman in her 2nd year of college was found in possession of marijuana...
California Appeals Court Reverses Death Sentence
Posted on August 06, 2008For the second time last month, the Ninth Circuit Court of Appeals overturned a death sentence, citing inadequate assistance of counsel. 2008 DJDAR 9426. In March of 1986, appellant Henry Earl Duncan was convicted of robbery and first-degree murder...
Burglary Charges Dismissed on Unlawful Patrol in Dormitory
Posted on August 05, 2008A recent Court of Appeals decision held that dormitory hallways have the same privacy protection as inside a home. The case regarded an incident on a college campus in which campus police were investigating a dormitory burglary that occurred in February of 2006...
California Appeals Attorneys Reverse Firearm Conviction
Posted on August 04, 2008An accused parked his car a short distance from his home and walked toward his front door. A police officer stopped him and told him that he had failed to signal before changing lanes. The accused became upset and threatened the officer. The accused was on parole...
Vandals May Need a San Diego Criminal Defense Lawyer
Posted on August 01, 2008If you watch the news in San Diego, you may have heard how some local community residents have banded together to clean up all the graffiti in a San Diego neighborhood. Graffiti reduces property value and makes the neighborhood look trashy. These individuals are also taking pictures of all the graffiti in the neighborhood and will paint over everything they see...
Restaurant Patron Charged With Felony and Jailed Over Complaint
Posted on July 31, 2008In was recently reported that a man complained that his server had poured coffee on his suit jacket and the jacket was part of a $1,500 suit and he demanded that the restaurant reimburse him $1,500. When the restaurant manager contacted the store where he had purchased the suit they were told that the man had made the same claim two weeks earlier at another restaurant...
Your California Criminal Defense Attorney and Alternative Sentencing
Posted on July 30, 2008Some of the clients that retain our law firm have in fact committed the crimes for which they are accused. These clients hire our services because they know that our Los Angeles criminal defense law firm has over thirty years of experience in knowing how to get the best possible result in their case, even when both our clients and our law firm realize that they have committed a criminal offense...
San Diego Jails
Posted on July 23, 2008Afraid of going to jail in San Diego? These are alternatives. Many misdemeanor cases are settled for community service. Picking up papers and raking leaves in a Probation Department program may be a choice. Did you know that ?jail? doesn?t always mean bars and an orange jumpsuit? Competent, San Diego lawyers know about work furlough...
Divorces Through Default
Posted on July 22, 2008Are you currently separated from your husband or wife and want to file for divorce in California, but your spouse is not cooperating? If this is the case, you are not alone! Several times when spouses separate, one spouse could ?care less? if they are ever officially divorced...
Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 3)
Posted on July 21, 2008Part III - Governor's Pardon In the event that you are registering as a sex offender in California, and your offense does not come within the Hofsheier decision, and a certificate of rehabilitation will not be enough to get you off of the registration rolls, there is still hope for you yet in the form of a governor's pardon...
Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 2)
Posted on July 18, 2008Part II - Certificate of Rehabilitation Did you know that, if you are registering as a sex offender in California pursuant to Penal Code section 290, that you might be able to go back to court and get a judge to relieve you of your obligation to register without having to seek and obtain a full pardon from the governor? Our office has found that many judges, district attorneys, and other defense attorneys are not familiar with this loophole in California's sex offender registration statute...
Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 1)
Posted on July 17, 2008Part I - People v. Hofsheier If you or a loved one is subject to California's mandatory sex offender registration law (Penal Code section 290, also known as "Megan's Law") because of a sex crime conviction in California, we may be able to help you get your name off the registration rolls...
Man Freed From Prison After Faulty Conviction - Real Perpetrators Will Not Face Justice
Posted on July 16, 2008If you want to know just how shaky and unreliable eyewitness identifications can be, just ask Patrick Waller, who was recently ordered released from prison by a judge in Dallas, Texas after DNA testing showed that police and prosecutors had locked up the wrong man...
Conviction Reversed When Trial Court Fails to Properly Explain The Elements of The Crime of Assault to The Jury
Posted on July 15, 2008The case in issue is People v. Miller, a recent case from the California Court of Appeal, Second Appellate District. In Miller, the Defendant was charged with assault with a deadly weapon among other felonies charges. Facts On February 2, 2006, Glenn Fong was making a left turn onto First Street from Alamitos Avenue in Long Beach...
Federal Sentencing Guidelines no Longer Dictate What a Federal Judge Can do at Sentencing in a Federal Criminal Case
Posted on July 14, 2008The United States Supreme Court in Gall vs. United States held that the federal sentencing "guidelines" are no longer binding on what sentence a federal judge decides to hand down in any particular case. The US Supreme Court recently held that the federal judge now has broad discretion to sentence a criminal defendant to a higher or lower sentence than the guidelines provide...
California Prison Inmates to Get Early Release Under New Program
Posted on July 11, 2008As we all have heard, California state prisons are far too overcrowded. As a result, many times, convicted criminals get released early. Well, a new plan calls for some prisoners to do their time at a ?community-based? rehabilitation program instead of getting released early! This includes home confinement, electronic monitoring, or doing time a county jail...
Prevent the District Attorneys from Discovering Your Secrets and Strategies by Hiring Smart and Creative Lawyers
Posted on July 10, 2008There are serious battles being fought in the field of criminal law as we speak, and most of California is completely unaware of what is happening. This battle is waging especially strong in San Diego, where Wallin & Klarich attorneys are on the front lines...
US Supreme Court Reverses Murder Conviction
Posted on July 09, 2008Today, the US Supreme Court reversed a murder conviction and ruled the introduction of the victim?s prior reports of domestic violence to the police violated the defendant?s right to confront and cross-examine his accusers. The prosecutor in the case of Giles v...
California Law Bans Cell Phone Use While Driving
Posted on July 08, 2008A new California Vehicle Code prohibits individuals from using a wireless telephone while driving unless that telephone allows for hands-free listening and talking. Eliciting a fine of $20 for a first offense and $50 for each subsequent offense, this law went into effect July 1, 2008...
When Are A Rape Victim's Prior False Allegations "False Enough"?
Posted on July 07, 2008When is a prior false allegation of rape by a rape victim really "false enough" to have it admitted at your trial when you are accused of a sexual offense? When an accused is facing allegations of rape or molestation or any related crime and the defendant or his family tells you that the alleged victim has a "history" of bringing false allegations of rape or sexual assault in the past what do you need to do as a competent criminal defense attorney to be able to get that information before the jury? A recent decision by the Court of Appeals on June 17, 2008 would indicate that you have to do a "whole lot" before that prior "false allegation" will be admitted at the trial...
Pretext Telephone Calls
Posted on July 04, 2008A recent report in a newspaper in the United Kingdom reported that police in that country are planning to start using ?pretext? telephone calls and text messages in an attempt to get rape suspects to implicate themselves. The tactic involves alleged victims who, under police supervision, contact alleged perpetrators via text message or telephone call in an attempt to get the alleged perpetrator to make admissions that corroborate the victim?s allegations...
Attorney Client Privilege Under Attack
Posted on July 03, 2008hose involved in defending persons accused of committing crimes would no doubt agree that no judge, legislator, governor, or president ever lost his or her job for advocating laws that erode the rights of those accused of committing a crime but, indeed the trend is quite the opposite...
Supreme Court Lets Child Porn Conviction Stand
Posted on July 02, 2008In a recent opinion, the United States Supreme Court upheld the validity of a federal child pornography statute. United States v. Williams. In Williams, the Defendant, Williams, using a sexually explicit screen name, signed in to a public Internet chat room...
Some Crimes Cannot be Reduced to Misdemeanors
Posted on July 01, 2008This point was made clear in a recent decision by the California Court of Appeal in People v. Mauch. In that case, the Defendant was convicted of cultivation of marijuana, in violation of Health and Safety Code section 11358. That statute provides that anyone found guilty of cultivation of marijuana shall be ?punished by imprisonment in the state prison...
More Hate Crme Laws Hit the Books
Posted on June 30, 2008Much has been written regarding ?hate crime? laws and whether enactment of such laws is appropriate or even consistent with the US Constitution. While, on the one hand, crimes committed in the name of ?hate? cannot be condoned in a free society, on the other hand, as US Supreme Court Justice Robert Jackson noted: ?"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein...
Calculating Child Support
Posted on June 27, 2008The internet has made it easier and easier for someone to calculate their child support. There are numerous websites that charge fees to calculate child support. People think that all they have to do is plug in the parties income and time share into the DissoMaster (program used to calculate support) to determine the child support...
I Want More Child Support
Posted on June 26, 2008Is the child support payment in California that you are receiving not what it should be? Or, is the father or mother of your child not paying any child support at all, even though they should be? Or, are you are paying too much child support? If you answered yes to any one of these three questions, you are not alone...
Same Sex Marriage in California
Posted on June 25, 2008On May 15, 2008, the Supreme Court of California overturned the ban on same-sex marriage. Marriage licenses will be issued to same-sex couples beginning June 17, 2008, barring any last minute stays. Before this landmark moment, California had already permitted domestic-partner registration with the secretary of state, wherein same sex-couples could be afforded the same rights as traditional male/female marriages...
Attorneys Who Conduct Thorough Investigations Can Save You Thousands of Dollars
Posted on June 24, 2008Money issues often play an important role in California divorce proceedings, California child custody proceedings, and child and spousal support or alimony proceedings. This is especially the case in San Diego, where the cost of living frequently far outweighs the income for the average household...
The Costs of Divorce
Posted on June 23, 2008With the divorce rate as high as 60%, it is no wonder that the family law courts are backlogged with the volume of cases filed each year. Typically divorces can last for years before they are resolved or a final judgment is entered. In the rare instances and the minority, there have been couples that have been able to divorce easily and quickly, this of course is the exception and not the rule and certain factors come into play...
Want to Get Re-Married
Posted on June 20, 2008You?re in the process of divorcing and have been for six months; however, you must legally wait six months to be divorced. Because you?ve been in the process for six months does this mean you are legally divorced? No, you are not. All of the necessary paperwork must be filed with the court and your judgment must be completed in order for your marital status to be terminated...
Defendants Have Right to Exculpatory Evidence
Posted on June 19, 2008Prosecution must make favorable material evidence available to defendants. California court affirms defendants constitutional right to exculpatory evidence. In the case People v. Ubire, the prosecution failed to give the defense a video taken during the only physical medical examination of the alleged victim...
Arrears
Posted on June 18, 2008If you have arrears that are owed for child support or spousal support and the other party has agreed to waive arrears for a lower amount that you will pay them in a lump sum. You would need to have an agreement and stipulation drafted, signed, and filed with the court...
Britney Spears is Still Unfit to Participate in Legal Proceedings
Posted on June 17, 2008The court commissioner found Thursday that Britney Spears was still unable to participate in any meaningful way in legal proceedings and needs further tests. The court will not make further determination without further medical testing and diagnosis...
Warrantless Search of Utah Man's Home To Be Supreme Court Case
Posted on June 16, 2008The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a warrant. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling methamphetamine out of his home...
GPS Devices And Probation
Posted on June 13, 2008Senate Bill 619 was enacted as urgency legislation in October 2005. Eventually, Penal Code section 1210.7 and Penal Code section 1210.16 was enacted. This law allows local probation departments to use these global positioning devices to those who require a high level of supervision...
Making Sure Your Lawyer is Familiar with Current Law
Posted on June 12, 2008The lawyers at the Wallin & Klarich San Diego office spend a great deal of their time in court representing clients accused of crimes. We know the judges. We know the prosecutors. We know the other criminal defense lawyers. And we know the law. Because we have so many opportunities to see other lawyers in court, we also know that many of them do not know the law...
Exercising Your Right To Remain Silent
Posted on June 11, 2008?I ?ain?t? telling you nothing.? Believe it or not, the United States Constitution allows you to tell that to any law enforcement agent, when questioned by them! Under the Fifth Amendment to the Constitution, we all have a right to remain silent! While many of us might have learned about this right in grade school, most times we forget about it and do not exercise it...
Undocumented Gang Members Run Risk of Being Deported
Posted on June 10, 2008"Go Back to Your Country!? This is what several gang members in Los Angeles could be hearing soon if some local politicians have their way. Dennis Zine, a Los Angles City Councilman, proposed a policy last week that would require police officers from the LAPD to report gang members who are in the United States (US) ?undocumented? (and/or illegally) to Immigration officials! As part of the policy, police officers would be required to report ?undocumented? gang members who are not even under arrest to Immigration...
Phone Calls Made From San Diego Jails
Posted on June 09, 2008Do the police listen to calls coming from the jail? Absolutely! The San Diego Sheriff tapes every call made from the jail. Here?s how it works. Inmates can call out collect. To make the call, they are supposed to use their booking number. The calls are all saved in the computer...
A Death Can Be Lethal
Posted on June 06, 2008You can be put to death by lethal injection! This is the ruling of the United States Supreme Court. The court ruled a few weeks ago that it was constitutional for states to execute certain condemned criminals, as long as the procedure was done properly...
DRUG TESTING IN FAMILY LAW MATTERS
Posted on June 05, 2008It is not uncommon for parties in a family law case to allege drug use and drug abuse against the other parent in custody disputes. The most common methods used today to determine if someone is ?dirty? or has used illegal drugs recently is the use of the hair follicle test and the urine test...
JUDGE THROWS OUT BREATH TEST RESULTS
Posted on June 04, 2008A judge in Arizona has thrown out 49 breath test results because the breath machine?s manufacturer has refused to turn over the internal workings of the machine to the defense. The internal workings or ?source code? is the computer code that is used by the manufacturer to measure the blood alcohol concentration in a person?s breath...
JUDGE GRANTS DEFENDANT NEW TRIAL WHEN PROSECUTION VIOLATES DEFENDANTS RIGHT BY FAILING TO TURN OVER DISCOVERY
Posted on June 03, 2008When you are accused of a crime the prosecution must turn over discovery to your lawyer so that he can assist you to prepare your defense. In a recent federal criminal prosecution the defendants conviction was reversed when a federal judge found that the prosecution had ?persistently and recklessly violated its constitutional responsibilities to discovery and disclose crucial information? to the defense...
YOUR FELONY CASE MUST BE DISMISSED IF YOUR PRELIMINARY HEARING IS DELAYED BEYOND STATUTORY TIME PERIOD
Posted on June 02, 2008A recent court of appeals opinion has ordered that felony charges be dismissed against a defendant when his preliminary hearing was continued due to the illness of the prosecutor and when the sheriff failed to bring the defendant to court to waive his right to an earlier hearing...
I Want More Child Support
Posted on May 30, 2008Is the child support payment that you are receiving not what it should be? Or, is the father or mother of your child not paying any child support at all, even though they should be? Or, are you are paying too much child support? If you answered yes to any one of these three questions, you are not alone...
UNITED STATES SUPREME COURT AGREES TO HEAR CASE THAT COULD SEVERELY LIMIT PROSECUTORIAL IMMUNITY
Posted on May 29, 2008The Supreme Court recently decided that it take up a Los Angeles case to decide whether a chief prosecutor can be held liable for a man's wrongful conviction for murder. The case of Van de Kamp vs. Goldstein will test the reach of the rule, set down by the Court in 1976 that prosecutors are immune from being sued, even when defendants are shown to be innocent...
COURT: SIXTH AMENDMENT GIVES DEFENDANT THE RIGHT TO HAVE JURY INFORMED OF MANDATORY MINIMUM SENTENCE
Posted on May 28, 2008The case, United States v. Polizzi, involved a child pornography prosecution. The Defendant in the case immigrated to the United States from Sicily when he was a young adult. He thereafter married and had five successful sons. Additionally, he was able to purchase a restaurant, which he turned into a successful establishment as a result of working eighteen hours per day, seven days per week...
WHAT IS A ?BUI??
Posted on May 27, 2008With summer upon us, many people will be taking advantage of the warm weather and sunshine by going boating, water skiing, jet skiing, and the like. Those who do, and who might be imbibing, should be aware of ?BUI? laws. While everyone knows that it is illegal to drive while ?under the influence? of alcohol and/or drugs, many may not be aware that similar laws apply on the water...
NEW DEVICE HELPS COPS INVESTIGATE COMPUTER CRIMES
Posted on May 23, 2008Microsoft has developed a small plug-in device that investigators can use to quickly extract forensic data from computers that may have been used in internet crimes. The ?COFEE,? which stands for Computer Online Forensic Evidence Extractor, is a USB "thumb drive" that Microsoft distributes to law enforcement agencies investigating computer related crimes...
VICTIM NEED NOT PRESENT ?PROOF? OF LOSS AT RESTITUTION HEARING
Posted on May 22, 2008So says the California Court of Appeals in the recent case of People v. Gemelli. In that case, the victim provided information regarding losses sustained as a result of a burglary, but did not submit ?proof? of loss in the form of receipts and the like...
PROPOSED LAW TARGETS CRIMINAL IMMIGRANTS
Posted on May 21, 2008The parents of Jamiel Shaw, a standout high school football player who was shot and killed, allegedly by a gang member who is present in the United States illegally, have asked the Los Angeles City Counsel to enact a City Ordinance designed to crack down on gang members who are in the United States illegally...
NEGLIGENT OPERATOR HEARINGS
Posted on May 20, 2008If you have accumulated too many traffic points because of traffic ticket convictions, you run the risk of being tagged as a ?negligent operator? by the DMV. By law, a driver is presumed to be a negligent operator if the driver has 4 or more points in 12 months, 6 or more points in 24 months, or 8 or more points in 36 months...
Wireless Telephone Laws FAQs
Posted on May 19, 2008Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws. Q: When do the new wireless telephone laws take effect? A: The new laws take effect July 1, 2008 Q: What is the difference between the two laws? A: The first prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle...
POLICE SEEK CONSENT TO SEARCH HOMES
Posted on May 16, 2008Police officers in Washington, D.C. are so anxious to get guns out of the city they are actually going door-to-door asking citizens for "consent" to enter their homes to search for illegal guns. Washington, D.C. is home to one of the most restrictive gun bans in the United States...
FIELD SOBRIETY TESTS - DO I HAVE TO TAKE THEM?
Posted on May 15, 2008The short answer to this question is, as a general rule - NO!! If you have been pulled over or contacted by police officers that suspect that you have been driving under the influence of alcohol or drugs, you are, with one possible exception, under no legal obligation to submit to so-called "Field Sobriety Tests...
SUSPICIONLESS SEARCH OF COMPUTER HELD CONSTITUTIONAL
Posted on May 14, 2008In a recent opinion by the United States Court of Appeals for the Ninth Circuit, the Court ruled that US Customs officers can search the electronic contents of an international passenger's computer without having a "reasonable suspicion" that the computer contains illegal material...
DUI in California Based on "Unsafe Turning Movement"
Posted on May 13, 2008Police Officers can legally pull a person over for just about any violation of the California Vehicle Code as an excuse to investigate whether the driver of the vehicle is under the influence of alcohol or drugs. However, one of the more common violations officers cite as the probable cause to pull vehicles over to investigate DUI's is Vehicle Code Section 22107, more commonly known as "unsafe turning movement"...
THE EFFECT OF EARNING CAPACITY OF AN OBLIGATING PARENT IN A CHILD SUPPORT ISSUE
Posted on May 12, 2008When an obligating parent quits his job voluntarily to pursue another career or to go back to school, the court may impute that obligating parent?s earning capacity ability and better yet, the court may also impute that parent?s earnings at the time he/she quit his/her job even if that parent goes back to school and is not working or just working part time while going to school so long as that obligating parent voluntarily quit his full time job...
SHOPLIFT
Posted on May 09, 2008Shoplifting is the crime of stealing, or making an effort to steal, or intentionally paying less than the full amount for products or goods in a store. Shoplifting can include taking something without the intention of paying for it, hiding, concealing, or modifying a store?s goods (including the price tag) with the intention of stealing it or unlawfully paying less that it is being sold for...
EMBEZZELMENT
Posted on May 08, 2008Embezzlement is the theft of property and/or money by an individual or entity that is responsible for handling the assets. Embezzlement typically occurs in corporate settings and places of employment. Embezzlement charges can carry serious consequences regardless of whether the defendant is guilty...
DUI
Posted on May 07, 2008Driving Under the Influence (DUI) is a serious offense, which can carry harsh penalties including heavy fines, license suspension, and even jail time. The severity of DUI laws varies from state-to-state; however, most states enforce DUI laws rigorously...
BATTERY CHARGES
Posted on May 06, 2008Battery is the nonconsensual, harmful or offensive touching of a person or anything attached to that person, such as a wallet or purse. Unlike assault, battery requires actual physical contact. Proof of damage from the injury is not always required for successful battery charges, but in most jurisdictions, proof of intent to cause harm is...
?SOCK-PUPPETING? MAY LEAD TO CRIMINAL CHARGES
Posted on May 05, 2008For the uninitiated, the term ?sock-puppet? is used in reference to the Internet to describe a situation where a person creates a fake online identity, usually for the purpose of deception. While it might seem obvious that, for instance, if a person makes up a false identity, and posts an ad offering to sell a baseball autographed by Babe Ruth for $10,000, but the poster has no such baseball, and the poster takes another person?s $10,000 and fails to deliver the goods, the poster can be charged with an internet crime...
US SUPREME COURT AGREES TO HEAR WARRANTLESS SEARCH CASE
Posted on May 02, 2008The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a warrant. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling meth-amphetamine out of his home...
LAPD CARS TO BE OUTFITTED WITH CAMERAS
Posted on May 01, 2008The Los Angeles City Counsel?s Public Safety Committee has voted 3-1 to approve the installation of video cameras in Los Angeles Police Department patrol cars. Cameras had been recommended by the Christopher Commission, which investigated the LAPD in the wake of the beating of motorist Rodney King by LAPD officers ? a beating captured on videotape by a civilian...
BE SURE YOUR LAWYER IS IN FACT A LAWYER
Posted on April 30, 2008That?s the message that a recent press release from the Los Angeles County District Attorney?s Office sends. The press release involves the recent conviction of Ross Stanley Berton, age 61. Mr. Berton pleaded guilty to 15 counts of grand theft, two counts of offering false evidence, one count of forgery and one count of identity theft...
CHP GETS FEDERAL GRANT TO CRACKDOWN ON DUI DRIVERS WITH ARREST WARRANTS
Posted on April 29, 2008A recent press release from the California Highway Patrol announced that the agency has received a federal grant to arrest DUI drivers with outstanding warrants for failure to appear in court on DUI charges, or failure to pay fines or show proof of completion of other requirements imposed by the court after a DUI conviction...
SEX OFFENDERS AND MYSPACE
Posted on April 28, 2008Recently, the Connecticut Attorney General wanted information from MySpace as to whether any registered sex offenders had a web page on My Space. At first News Corp, which owns MySpace, did not comply with the Attorney General?s request, but eventually they turned over the information and also removed the profiles of over 7,000 MySpace participants from the site after identifying them as Registered Sex Offenders...
CA LEGISLATURE: TIME CHANGE HAS NO IMPACT ON CLOSING TIME, MAYBE?!?!?
Posted on April 25, 2008Many of us are still trying to adapt to the new dates for changing our clocks from Pacific Standard Time to Pacific Daylight Time and back, and figuring out how to get the time on our VCRs and cellular telephones to change consistent with the new rules established by the federal Energy Policy Act of 2005 ? the federal legislation that changed the dates when we change our clocks...
THERE IS NO PRIVACY ON THE INTERNET
Posted on April 24, 2008According to a recent report on Foxnews.com, this point was made clear recently to a group of teenage girls in New York, who apparently videotaped themselves confronting a younger girl, and then slapping and kicking the girl in the head and body. The girls then apparently posted the video footage of the beating on YouTube...
COURT: BREATH TESTS ADMISSIBLE
Posted on April 23, 2008A March 17, 2008 ruling by the New Jersey Supreme Court declares that results of breath tests given to DUI suspects on devices manufactured by Alcotest are sufficiently reliable to be admitted in New Jersey DUI prosecutions. 20 people who had been arrested for DUI in New Jersey collectively filed a lawsuit challenging the use of the breath tests in their cases...
WHAT YOU SAY CAN COME BACK TO HAUNT YOU
Posted on April 22, 2008When a person is in custody very often they feel it is "safe" to share their thoughts to other inmates. In some cases inmates may call a lawyer on the phone to ask for legal advice. In other cases an inmate who has retained a law firm may decide to discuss the facts of their case with their lawyer over a jail house phone...
IMMIGRATION CONSEQUENCES OF CRIMINAL CASES
Posted on April 21, 2008(Your Criminal Case can lead to your deportation or denial of citizenship) It is critical that if you are not a United States citizen and are accused of a criminal offense in California must you immediately inform your criminal defense attorney of your immigration status...
NEWS FLASH: COPS TAPE RECORD JAIL CELLS
Posted on April 18, 2008While this headline might seem so intuitive as to border on the humorous, a recent case in Los Angeles reveals that there is some benefit in conveying this message. According to CNN.com, the case involves two elderly women who are alleged to have hatched a scheme to befriend transient men, take out hefty insurance policies on their lives, and then drug them and, while the men were drugged, to run the men over and kill them ? making the accidents look like hit and run accidents involving homeless men...
WHAT?S THAT LEPRECHAUN GOT IN HIS PIPE ANYWAY?
Posted on April 17, 2008I guess green beer and corned beef and cabbage are a thing of the past. The web site The Smoking Gun recently reported that, on March 17, 2008, Ohio law enforcement officers seized crack cocaine that had been dyed green as the Emerald Isle itself ? in honor of St...
26 YEAR SECRET KEEPS INNOCENT MAN IN PRISON
Posted on April 16, 2008A recent report on the program ?60 Minutes,? detailing the case of Alton Logan revealed what can happen when concepts of law and morality collide. Mr. Logan was charged with first-degree murder in connection with the murder of a security guard at a McDonald?s restaurant in Chicago in 1982...
MOUTH ALCOHOL SENSORS IN BREATH TESTS DETERMINED TO BE UNRELIABLE
Posted on April 15, 2008BREATH MACHINES USED BY LAW ENFORCEMENT OFFICERS TO DETERMINE A DRIVER'S BLOOD ALCOHOL CONTENT HAVE A SLOPE DETECTOR TO DETERMINE IF MOUTH ALCOHOL IS PRESENT DURING THE SAMPLE. TITLE 17 OF THE CALIFORNIA CODE OR REGULATIONS REQUIRES OFFICERS TO PERSONALLY OBSERVE AN INDIVIDUAL FOR AT LEAST 15 MINUTES BEFORE ADMINISTERING THE BREATH TEST TO MAKE SURE THEY DO NOT REGURGITATE, VOMIT, OR BURP TO AVOID THE MOUTH ALCOHOL READING...
SEAL YOUR JUVENILE RECORD
Posted on April 14, 2008IT IS EXREMELY IMPORTANT TO SEAL YOUR JUVENILE RECORD IN THE UNFORTUNATE EVENT YOU ARE ARRESTED ON ANOTHER CHARGE AS AN ADULT. IF YOU ARE CONVICTED OF A CRIME, PROBATION OFFICERS FILE A REPORT WITH THE COURT AND MAKE CERTAIN RECOMMENDATIONS REGARDING YOUR SENTENCE...
SOCIAL SECURITY STOPPED BECAUSE OF AN ARREST WARRANT IN SAN DIEGO
Posted on April 11, 2008Wallin & Klarich gets calls from across the country on arrest warrants. One situation that comes up is Social Security checks a person for warrants. They may find a warrant that is decades old. They will threaten to cut off Social Security because of the warrant...
UNINTENDED CONSEQUENCES
Posted on April 10, 2008Newsweek reported recently on the case of Eliot Spitzer, the disgraced former governor of the State of New York who resigned after his alleged dalliance with a prostitute in a Washington, DC hotel became public. So who brought the governor down? It would seem Osama bin Laden...
US SUPREME COURT HEARS SECOND AMENDMENT CASE
Posted on April 09, 2008The United States Supreme Court heard arguments recently in a case involving a challenge to Washington, DC?s ban on the possession of handguns. The law had been challenged by a resident of Washington, DC on the ground that the law runs contrary to the Second Amendment to the United States Constitution...
A Miscalculation That Will Cost You Time In Prison
Posted on April 08, 2008Imagine doing your time in prison, thinking you are going to be released on a certain date, and then that day comes and goes and you are still in prison. This cannot happen, right? Well, believe it or not, it is happening in California! A recent study found that as many as 33,000 state inmates served longer sentences than they should have...
ON PROBATION FOR A DUI?
Posted on April 08, 2008Under a new law scheduled to take effect on January 1, 2009, if you are detained by a peace officer on suspicion that you have been drinking and driving, you would be required to submit to breath testing if requested by the officer, and, if your blood alcohol level is a 0...
To waive, or not to waive time, that is the question!
Posted on April 07, 2008In criminal proceedings, a person charged with a crime has a right to a speedy trial. For those charged with California misdemeanors, that means you have a right to a speedy trial within 45 days, if you are not in jail, or 30 days if you are in custody...
THE DEATH OF VEHICULAR MANSLAUGHTER
Posted on April 04, 2008A law signed by Gov. Schwarzenegger requires, after July 1, 2008, that all people applying for a driver?s license, or renewal of a driver?s license, sign a declaration with the following language: ?I am hereby advised that being under the influence of alcohol or drugs, or both, impairs the ability to safely operate a motor vehicle...
WHAT IS WRONG WITH OUR CRIMINAL JUSTICE SYSTEM
Posted on April 03, 2008With the recent "law and order" attitude that seems to prevail in our society it is fueling our state legislators to continue to pass laws increase prison sentences for those convicted of crimes. A direct result of this hysteria is to bring our jail system to the brink of disaster...
Smoking weed with your kid brother or sister could land you 3 years in jail!!!!
Posted on April 02, 2008Usually if someone over 18 is caught smoking weed with someone under 18, they will be charged with the misdemeanor crime of contributing to the delinquency of a minor. However lately the District Attorney?s office has been choosing to punish the exact same act with felony consequences...
PUT OUT THAT CIGARETTE AND DRIVE
Posted on April 01, 2008At least if there is a person under age 18 in the vehicle. Effective January 1, 2008, it is unlawful in California for any person in a motor vehicle (whether a driver or passenger) to have in his or her possession, a lighted pipe, cigar, or cigarette, if there is a minor in the vehicle...
POLICE OFFICERS BARRED FROM SEARCHING THE RESIDENCE OF A PERSON THAT THEY SEE SMOKING MARIJUANA
Posted on March 31, 2008A recent opinion by the California Court of Appeals has ruled that it is an UNLAWFUL SEARCH AND SEIZURE when law enforcement sees a person smoking marijuana in their apartment and then enters the apartment and finds evidence of other drug crimes. The ?evidence? that the officers seized during the search was held to be illegal...
People v. Merlen, CA 3rd district, Case No. C051678, unpublished opinion has very good material regarding expert testimony re use of ambient and DUI.
Posted on March 28, 2008Facts: The defendant was involved in a traffic collision and was injured in the collision. The other party involved in the collision was killed and defendant was charged with gross vehicular manslaughter and convicted at trial. He appealed the conviction on the grounds that the police officer that testified at trial was not qualified to rely on the toxicology report in rendering his opinion that he was under the influence of drugs while operating a motor vehicle and there was insufficient evidence that he was under the influence of a drug for purposes of gross vehicular manslaughter...
BE CAREFUL WHO YOU HIRE AS YOUR LAWYER - HE MAY NOT BE A LAWYER AT ALL
Posted on March 27, 2008When you or a loved one are facing a criminal charge you are in a vulnerable position. There are many people who will take advantage of that vulnerability. There are even those who will pretend to be a lawyer and make promises that they could never keep in order to get your trust and more importantly for them, your money...
NO MORE AUTOMATIC EXPUNGEMENTS FOR DUI AND OTHER DRIVING CASES
Posted on March 26, 2008Under current law, a person who is convicted of most crimes, and who is placed on probation, and who completes his or her probation successfully, has a right to have his or her conviction dismissed or ?expunged? from his or her record. (Pen. Code, § 1203...
NEW LAW PROHIBITS SALE OF INFORMATION
Posted on March 24, 2008In an attempt to make life just a little harder for tabloid publications and scandal sheets, the legislature has enacted a law that makes it a misdemeanor crime for a peace officer, court employee, or attorney employed by a public agency, to ?[d]isclose[] for financial gain, information obtained in the course of a criminal investigation, the disclosure of which is prohibited by law? or who ?[s]olicits, for financial gain, the exchange of information obtained in the course of a criminal investigation, the disclosure of which is prohibited by law...
INVOLUNTARY PSYCHIATRIC HOLDS IN CALIFORNIA
Posted on March 21, 2008A recent incident involving pop singer Brittany Spears brought to the public?s attention section 5150 of the Welfare and Institutions Code ? the statutory procedure for involuntarily committing an individual to a mental health facility. Under the law, if a certain designated professional, such as a law enforcement officer, or mental health professional, believes that a person is, as a result of a mental disorder, either, a danger to him or herself, a danger to other people, or suffering from a ?grave disability? the person can be transported to a hospital for an evaluation...
HANG UP AND DRIVE ? PART II
Posted on March 18, 2008Effective July 1, 2008, minors (i.e., persons under age 18) in California will not be permitted to use any cellular telephone or other ?mobile service device? such as a laptop computer, or text messaging device while driving a motor vehicle. Under the law, a minor may not use a cellular telephone while driving, even if the telephone is equipped with a ?hands-free? device...
HANG UP AND DRIVE
Posted on March 15, 2008At least that will be the law in California starting July 1, 2008. From that date, it will be illegal for anyone to drive a motor vehicle and use a cellular telephone unless the phone is equipped with a hands-free device, and the hands-free device is used by the driver...
KEVIN FEDERLINE USES POLICE INTERVENTION TO ENFORCE THE COURT ORDERED CUSTODY ARRANGEMENT:
Posted on March 12, 2008It is important to have a court order with a set visitation schedule so you can enforce your child custody visitation rights. If a parent does not have a court order specifying a visitation schedule they are not entitled by law to a set visitation schedule and the police will not intervene...
Keep out of Jail in Orange County: DUI Court
Posted on March 10, 2008Whether it is your first DUI or your third, California State law imposes jail. In cases of a second or third misdemeanor DUI?s the jail time one potentially faces in Orange County DUI cases is very significant, at times up to a YEAR. A skilled attorney, however, can assist in getting you NO county jail time by working with you, the Court and the Probation Department...
CRIMINAL DEFENSE ATTORNEY DISBARRED FOR FAILURE TO PROPERLY REPRESENT DEFENDANT IN HIS ROBBERY TRIAL RESULTING IN HIS CONVICTION
Posted on March 06, 2008An attorney was recently disbarred from the practice of law by the California State Bar for his failure to properly defend a client in a robbery trial. At the defendants first trial the lawyer called an expert witness who testified as to the unreliability of eyewitness testimony...
Cops Aren?t Always Right
Posted on March 03, 2008Do you assume that a cop must be telling the truth or must be abiding by all of the laws just because they are a cop? This is certainly not the case! Time and time again we see cops who do not follow the laws that they took an oath to uphold and in turn violate the constitutional rights that every single American has! They do it for a variety of reasons including: to get a conviction, because they are corrupt, etc...
I Want to Own a Handgun
Posted on March 01, 2008Does the Second Amendment to the United States (US) Constitution allow American citizens to keep handguns at home? This is the question now before the US Supreme Court, at it decided at the end of last year to rule on the issue. The US Supreme Court will hear arguments on the issue shortly and render its decision by summer 2008...
BE CAREFUL WHAT YOU KICK OR YOU MAY FIND YOURSELF GUILTY OF FELONY BURGLARY
Posted on February 27, 2008It has always been believed that for someone to be guilty of burglary they would have to actually enter the victim?s home or a business to commit a crime. However, a recent case has been decided by the court of appeals that expands the definition of burglary...
AM I ELIGIBLE FOR PC 1000?
Posted on February 25, 2008So you got caught with drugs. You?re already anxious about your court date. Am I going to get jail time? What am I going to do about work? Will they fire me? Well, rather than overwhelming yourself with all sorts of hypothetical scenarios, consult with an attorney and find out what you?re actually facing...
Did you know your license was suspended?
Posted on February 21, 2008It is illegal to operate a motor vehicle while your driving privileges are suspended. However, the Department of Motor Vehicles MUST inform you that your license is suspended. Knowledge is key. If you were never properly given notice of a driver's license suspension on your privileges by either the Court or the DMV, then you should not be found guilty of the violation of driving on suspended license...
THINK ?SCIENTIFIC? EVIDENCE IS ROCK SOLID AND UNIMPEACHABLE?
Posted on February 18, 2008Ask John Jerome White. He might have a somewhat different view on the matter. According to a recent press release from the Georgia Innocence Project, Mr. White was convicted of brutally raping an elderly woman in Georgia in 1980 when he was just 20 years of age...
RECENT ?SPIKE? IN ?HOMELESS? PAROLED SEX OFFENDERS
Posted on February 15, 2008A recent news report from the Associated Press (AP) revealed that, in California, since November 2006, there has been a 27% increase in the number of sex offenders who have reported that they are ?homeless? and apparently this trend has little to do with a sagging economy...
IF YOU LIE TO THE POLICE FOR A LOVED ONE, YOU CAN END UP IN JAIL
Posted on February 12, 2008We all love our friends and family. We all want to protect them from the possibility of going to jail. However, if you lie to the police in an attempt to protect your loved ones you could be facing a jail sentence. A good example of this is the recent case of a loving 74 year old grandfather who had lent his car to his 23 year old grandson for a night out with his friends...
DEATH PENALTY LIKELY TO BE ABOLISHED
Posted on February 08, 2008Well, at least in one U.S. State anyway. The New Jersey state legislature has voted to abolish capital punishment in that state. New Jersey Governor Jon Corzine has indicated that he will sign the legislation into law. Republican lawmakers had pushed to keep the death penalty on the books for cop killers and terrorists, however, Democratic law makers, who control both houses of the legislature in New Jersey, voted against even these limited exceptions...
DUI CHARGES DISMISSED FOR DEFENDANT ILLEGALLY STOPPED
Posted on February 05, 2008Our firm handled a case recently where a defendant was stopped for Driving Under the Influence in a mall parking lot. The officer cited as the reason for initially stopping the defendant the fact that the defendant ?rolled? through a stop sign posted in the mall?s parking lot ? i...
WHERE DID YOU HAVE YOUR LAST DRINK?
Posted on February 01, 2008This is the question that many people arrested for driving under the influence of alcohol are being asked in at least one state, and this law enforcement practice has many bar owners fuming. New Jersey officers have begun regularly asking all DUI arrestees where they had their last drink...
STATUTORY RAPE LAWS
Posted on January 29, 2008The recently reported pregnancy of sixteen-year-old television star Jamie Lynn Spears has drawn a spotlight on the issue of statutory rape and the different state laws that apply. While most high school aged people do not travel extensively interstate, apparently, given Ms...
?PRESSURED? TO CONVICT?
Posted on January 25, 2008The Associated Press recently reported on a case in Long Island, New York where a juror stated that he felt pressured by the trial judge and his fellow jurors to convict the defendant of manslaughter charges. The jury returned its verdict on the Saturday prior to Christmas...
Avoiding INS Holds And Jail Time
Posted on January 22, 2008Avoid Jail if you are an illegal immigrant. An INS hold may be placed on you, which could lead to deportation. Local law enforcement agencies are working with federal immigration officials to screen all persons who come into local jails to determine if they are in the United States illegally...
YOUR VERY OWN PERSONAL LAWYER
Posted on January 21, 2008A recent article in a popular San Diego newspaper was written which talked about some criminal defense attorneys and their heavy, unmanageable caseload. There are some San Diego criminal defense lawyers whose caseloads get up to 300 and even 800 cases...
CRIMNIAL DEFENSE LAWYER SENTENCED
Posted on January 18, 2008Noted Orange County criminal defense lawyer Joseph Gerard Cavallo was sentenced on December 14, 2007 to six months in jail. According to a press release from the Orange County District Attorney?s Office, between June 1, 2003 and August 1, 2005, Cavallo conspired to commit the crime of attorney ?capping? and attorney recommendation by a bail licensee...
Drive Drunk, But Drive Well
Posted on January 14, 2008So the cop pulled you over while driving. He administered the Field SobrietyTests and then placed you under arrest. You were a little bit drunk and were cited for a DUI. How did this happen? Well, you might not have seen those illuminated signs asking drivers to report drunk drivers at the local highway, but believe it or not, the majority of DUI cases are phoned in by good Samaritans...
JUVENILE CASES AND DEFERRED ENTRY OF JUDGMENT (W&I 790 PROBATION) VS. INFORMAL PROBATION (W&I 654)
Posted on December 31, 2007Certain criminal cases filed in Juvenile Court against a minor may be eligible for what we call ?deferred entry of judgment?. In order to be eligible for deferred entry of judgment under Welfare and Institutions Code Section 790, a juvenile must be at least age 14 when the offense was committed and the offense must be a felony...
You cannot appeal your criminal case if you pled guilty without a certificate of probable cause
Posted on December 30, 2007Many people call our office asking if they can appeal their case. The people who call often tell us that their loved one, who is in jail, did not get proper representation. We are often told that the defendant?s public defender did not provide adequate legal advise or did not do proper investigation...
IF YOU EVEN THINK YOU ARE BEING INVESTIGATED FOR A CRIME...
Posted on December 29, 2007You need to call the law firm of Wallin & Klarich. If a police office tried to call you, or perhaps left a business card at your door asking you to call, your best bet will be hiring an experienced criminal defense attorney. If the investigation is for a hit and run, or perhaps a child abuse case, or a domestic violence case, or any potentially criminal charge, you should not, repeat NOT, contact the police without counsel...
INTERNET SEX CRIMES
Posted on December 28, 2007The state and federal authorities are stepping up investigations into child pornography on the internet. New criminal laws are being created to deal with the prosecution of people who log onto child pornography sites and those who exchange child pornography pictures...
Watch What You Say ? You could be charged for a felony terrorist threat crime
Posted on December 26, 2007You thought you were safe when you were joking with your coach and you said to him that if he had you do any more sit ups that you would ?kill him?. Your buddies on the team may have thought it was a joke. However, BE WARNED. If your coach takes it seriously your words can lead to you being arrested for a felony...
DO YOU HAVE A WARRANT?
Posted on December 24, 2007If you have a warrant for your arrest, you can feel like you are in a prison without bars. Every time you see a police officer, or a police car drives by, your heart pounds. It does not have to be this way. For the past 27 years, the law firm of Wallin & Klarich has been assisting people clear these warrants WITHOUT getting arrested...
What do I do if I was involved in a ?Hit and Run??
Posted on December 22, 2007If you were in an accident which resulted in damage to property you have certain obligations and responsibilities in order to avoid being prosecuted for a crime. You MUST do one of the following: either 1) locate and notify the owner or person in charge of the property or owner of the other vehicle and show them your Drivers License and Vehicle Registration OR if you are unable to locate this person 2) Leave a note on the vehicle or property giving your name and address and a statement of the circumstances...
IS YOUR LAWYER DOING A GOOD JOB REPRESENTING YOU?
Posted on December 21, 2007If you are being charged with a criminal offense in the state of California, you need to ask yourself a question. Is your criminal defense lawyer doing all he/she can do in representing you? This is a crucial question you need to ask, especially when the stakes are high...
TOO MANY POINTS AND DMV-NEGLIGENT OPERATOR SUPSENSION
Posted on December 20, 2007In California, a driver is allotted 4 points a year. If you go over the 4 points, you will get a notice of suspension from the DMV. DO NOT IGNORE THIS NOTICE. You will have 15 days to respond and set a hearing. At this DMV hearing Wallin & Klarich is able to bring out factors to help convince the DMV not to suspend your license...
BUSTED FOR MARIJUANA?
Posted on December 18, 2007The law firm of Wallin & Klarich has been defending those charged with possession of marijuana for over 27 years. Whether it be cultivating, transporting or selling marijuana, our law firm has been successful in defending against these charges. The new medical marijuana laws allow flexibility and some ?wiggle room? in the way these cases get prosecuted...
Can I really go to jail for forgetting to finish my class, community service, or making payments on time?
Posted on December 16, 2007Yes, when the judge sentences you to probation, even if it is informal probation, they have the right to impose part of or the maximum amount of jail time allowed for your sentence, if you fail to meet ANY of the terms of your probation. This means that the judge can impose the maximum jail term for something as small as being a few days late on your payments or forgetting to come to court to show completion of your court ordered classes...
Mass Exit Out of Federal Prison
Posted on December 14, 2007Do you know of a loved one, a neighbor or a friend, currently doing time or recently sentenced to do time in a federal penitentiary (prison)? If so, then we have some great news for you and them! As many as 19,500 inmates currently doing time in federal prisons around the country could be released early! These inmates could have their time reduced by a minimum of two years...
Tracking for Sex Offenders
Posted on December 12, 2007Under Jessica?s Law, otherwise known as Proposition 83, sex offenders in California are to be tracked for life by satellite. The law was passed a year ago and requires sex offenders to be fastened with Global Positioning System devices (GPS). The GPS devices enable officials to track these sex offenders every move, even after they have completed parole...
SHOULD I APPEAL?
Posted on December 10, 2007If you or a loved one has been convicted of a criminal offense, you should consider appealing the case. The law on criminal appeals in California is specific and deadlines are important to understand. On felony cases, the Notice of Appeal needs to be filed within 60 calendar days of sentence...
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