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Southern California Criminal Defense Blog 

Information about California Defense Law as well as up-to-date news from the legal sector.
Post Frequency: 9.5/day Last Entry: May 21, 2013 at 13:39:34 Recent Entries: 1533
By Walin & Klarich
Go to Southern California Criminal Defense Blog, find other Criminal Law blogs, or browse all law blogs.
For what types of crimes can a minor be charged as an adult?
Posted on May 21, 2013You are a 17-year old high school student. After class, you are hanging out by the basketball court. You notice a freshman student listening to his iPod. You tell him to give you the iPod. When he refuses, you pin him to the ground, take his iPod, and leave the scene...
How can Wallin & Klarich help me clean up my record through an expungement? ? California Penal Code (PC) 1203.4
Posted on May 17, 2013Having a clean criminal record is important to you for several reasons. You may be seeking gainful employment or a prestigious career; or perhaps you are a college student on a career path to becoming a professional. A criminal record will be an obstacle to achieving these life goals...
National Safety Board Recommends Dropping DUI Limit From 0.08 To 0.05
Posted on May 14, 2013On May 14, 2013, the National Transportation Safety Board recommended that all states drop the legal limit for a DUI from 0.08 to 0.05. If this law were to be passed in California it would drastically increase the number of DUI arrests. The NTSB claims that by reducing the legal limit from 0...
Indecent Exposure in California ? PC 314
Posted on May 13, 2013An indecent exposure charge can have long-lasting severe consequences on your life. Not only is your freedom at stake but your reputation is also in harms way. If you face indecent exposure charges under PC 314, it is important that you immediately contact an experienced criminal defense law firm...
How can Wallin & Klarich help me if I am accused of possessing child pornography? ? California Penal Code 311
Posted on May 09, 2013Have the authorities found and seized what they claim to be child pornography from your computer? Child pornography charges are a serious matter that can negatively impact your freedom and reputation. If you face child pornography charges under PC 311, it is important that you retain a child pornography defense attorney at once to help you avoid jail and maintain a clean criminal record...
How can Wallin & Klarich help me if I am facing prostitution charges? ? PC 647(b)
Posted on May 07, 2013You were arrested for hiring a prostitute and now are fearful of the potential consequences. Perhaps you hired her off of the streets, or online. Perhaps you were part of a ?sting? operation. If you find yourself in any of these situations, it is essential that you hire the services of an experienced criminal defense attorney...
Judges ordered not to release prisoners under new three strikes law until prosecutors have notice and a full hearing takes place
Posted on May 06, 2013If one of your loved ones is serving a ?three strikes sentence? and wants to be released or be more favorably re-sentenced under the recently passed ?Three Strikes Law,? you are advised to immediately retain an experienced criminal defense attorney. Under the recently passed ?Three Strikes Law,? prisoners currently serving 25 years to life for a non-violent and non-serious third felony conviction may seek court review of their sentences...
Should I Ever Speak to the Police About a Crime Without My Lawyer Present
Posted on May 02, 2013It is never a good idea to speak to the police without a lawyer. Many people incorrectly believe that the police have to read you your ?Miranda rights? before they question you. However, what many people do not understand is that the formal Miranda warnings are only required if two prerequisites are met...
How does a judge determine whether to grant probation in a felony case?
Posted on May 01, 2013If you are charged with a crime, the biggest question on your mind is, ?Am I going to jail?? The attorneys at Wallin & Klarich have helped keep people out of jail for the past 30 years. One of the primary tools to do that is probation. For some criminal convictions, a judge may decide to impose probation rather than a jail sentence...
As a college student in Orange County on a career path to be a lawyer, how does a Second DUI conviction impact me?
Posted on April 30, 2013There are a number of severe punishments associated with a second DUI, a violation of California Vehicle Code (VC) Section 23152. If the second DUI happened within 10 years of a separate DUI or reckless driving charge that resulted in a conviction, you face imprisonment in county jail for up to one year and a fine ranging between $390 and $1000...
I am 17 years old and was caught ?sexting? with my 16 year old girlfriend. Can I be charged with possession of child pornography? (CPC 311)
Posted on April 24, 2013?Sexting? and Child Pornography ?Sexting? is a term that refers to the sending of lewd or sexually explicit text messages to another person. ?Sexts? that include sexually explicit images of a minor are a form of child pornography. In order for you to be convicted of possession of child pornography, the prosecution must prove that you knowingly possessed any material that involved a person under the age of 18 engaging in sexual conduct or simulating sexual conduct...
How Can A Criminal Lawyer Defend Me From A Stalking Charge? PC 649
Posted on April 22, 2013California has one of the harshest stalking laws in the country. Those accused of stalking face harsh penalties that can quickly escalate. Your best hope is to talk to an experienced stalking defense attorney immediately and get all of your questions answered...
How can an Orange County DUI attorney help me win my second DUI case? VC 23152(a) and 23152(b)
Posted on April 19, 2013If you face allegations for driving under the influence of alcohol or a drug for the second time within 10 years, you face all of the challenges of a first DUI, but with heightened punishment. But all is not lost. There are several ways to reduce your punishment or get a dismissal of your DUI case...
Can I avoid going to prison if I have been convicted of a felony?
Posted on April 18, 2013The Wallin & Klarich Attorneys can help you get formal felony probation instead of serving time in prison for a felony conviction. Our attorneys at Wallin & Klarich have the experience it takes to mitigate the punishment, sentence, and consequences of your felony conviction...
If I am a minor, what are the consequences for a DUI conviction? (California Vehicle Code section 23136, 23140, 23152)
Posted on April 16, 2013California generally has a ?zero tolerance? policy for juveniles who are found to be guilty of a DUI. If you are juvenile who has been charged with a DUI, you may be charged not only for a juvenile DUI, but also a traditional DUI if your blood alcohol content is over the legal limit of 0...
You Think Graduating Law School And Passing The Bar Will Guarantee You A Job? Think Again!!!!
Posted on April 12, 2013So you spend three years and pay over $100,000 in tuition to get through law school. You put your life on hold attending classes and studying for finals. Then, you go into hibernation for over 2 months studying for the bar exam. They make you wait for nearly four long and painful months to see your results...
I am in trouble for forging a false prescription. What consequences do I face? (California Business and Professions Code section 4324)
Posted on April 10, 2013Under California Business and Professions Code section 4324, you can be charged with forgery if you falsely write a prescription for any type of drug. Specifically, under California Business and Professions Code section 4324, any person who ?signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes, passes, or attempts to pass, as genuine, any prescription for any drugs? is guilty of forgery...
Public Intoxication In Orange County - Penal Code 647(F)
Posted on April 09, 2013California Penal Code Section 647(f), commonly known as public intoxication, is a misdemeanor that can lead to jail time. Therefore, you need to contact an experienced Wallin & Klarich attorney if you are being accused of public intoxication. Prosecution for Public Intoxication In order to convict you for public intoxication under PC 647(f), the prosecution must prove that: ? You were under the influence of alcohol in a public place; and ? You were unable to exercise care for your own safety or the safety of others; or ? You interfered with, obstructed, or prevented the free use of any street, sidewalk, or other public way...
What Does The Da Have To Prove To Convict Me Of Elder Abuse In Riverside? Penal Code 368
Posted on April 08, 2013Crimes against the elderly have been increasingly reported and prosecuted in recent years. Prosecutors in Riverside are now armed with legislation that is tailored to prosecute those who abuse, neglect, or take financial advantage of the elderly or dependent adults...
I have been charged with embezzlement. What is the difference between embezzlement and theft charges? (PC 503, PC 484)
Posted on April 05, 2013California Penal Code section 503 defines embezzlement as ?the fraudulent appropriation of property by a person to whom it has been entrusted.? A criminal conviction for embezzlement can have severe consequences. In addition, embezzlement charges can carry a harsh social stigma that can follow you for a long period of time...
How long does a person have to bring a lawsuit against someone for molesting them?
Posted on April 04, 2013Being a victim of child molestation can negatively impact you for the rest of your life. Fortunately, under California law, you may be able to sue the person who molested you, even after you have turned 18 years of age, in order to get some retribution...
How can an expungement help me get a job? ? Penal Code section 1203.4
Posted on April 03, 2013What is an expungement? Under California Penal Code section 1203.4, a person who was convicted for a crime and satisfied all terms of probation may petition a court to have their criminal conviction expunged. An expungement will allow you to withdraw your previous guilty plea and the judge will set aside your conviction and dismiss your case...
When can I be charged with a crime for being drunk in public? (PC 647(f))
Posted on April 02, 2013It is not a crime for you to be drunk in a public place. According to California Penal Code section 647(f), you can only be found guilty of being drunk in public if: (1) You are in any public place under the influence of any intoxicating liquor, drug, or controlled substance; and (2) You are unable to exercise care for your own safety or the safety of others; or (3) You interfere with, obstruct, or prevent the free use of any street, sidewalk, or other public way...
I was arrested at a bar in Huntington Beach for sexual assault, what should I do now? (PC 243.4)
Posted on April 01, 2013Under California Penal Code section 243.4 it is illegal to touch an intimate part of another person against his or her will for the purpose of sexual arousal, sexual gratification, or sexual abuse. A sexual assault charge is serious. If you are facing a sexual assault charge in Huntington Beach, the first thing you should do is contact an experienced Huntington Beach Criminal Defense Attorney at Wallin & Klarich...
What punishment will I face if I am convicted of lewd acts in San Bernardino? (PC 647(a))
Posted on March 29, 2013Lewd Conduct, as defined under Penal Code Section 647(a), is any touching of your own or another person?s genitals, buttocks, or female breast with lewd intent. Soliciting or engaging in lewd acts in a public place is punishable as a misdemeanor. If you are facing charges for lewd acts in San Bernardino, you need to protect yourself by hiring an experienced Wallin & Klarich San Bernardino criminal defense attorney...
Can I be convicted of indecent exposure if I was never outside of my house? (PC 314)
Posted on March 29, 2013Indecent Exposure Charges in Orange County Under California Penal Code Section 314, it is illegal to willfully and lewdly expose your private parts in a public place or any place where people would be offended or annoyed by such conduct. You can be convicted for indecent exposure even if you were inside your own house at the time of the incident when you expose your private parts in the presence of another who might be offended or annoyed...
I know I am not guilty of my sexual assault charges in Fullerton, what should I do now? (PC 243.4)
Posted on March 28, 2013If you have been arrested for sexual assault, your first step should be to contact an experienced Fullerton Wallin & Klarich attorney. We can form a strong defense strategy that could result in a dismissal of your charge. Here are some successful defenses that your sexual assault defense lawyers at Wallin & Klarich can raise on your behalf: Defenses to Sexual Assault in Fullerton Innocence The strongest defense to a sexual assault charge is a claim of actual innocence...
Will I go to jail for oral copulation with a minor in Riverside? (PC 288a)
Posted on March 28, 2013Under California Penal Code Section 288a, it is a crime to commit an act of oral copulation with a minor. Although the sentencing and punishment for oral copulation with a minor in Riverside is very serious, there are a number of defenses that a Riverside Criminal Defense Attorney at Wallin & Klarich can raise on your behalf to get your oral copulation with a minor charge reduced or dismissed...
Why should I hire a criminal defense attorney for rape in Riverside? (PC 261)
Posted on March 27, 2013Rape is a serious crime and a conviction can carry harsh penalties. The Riverside Sex Crimes Defense Attorneys at Wallin & Klarich make sure to give every client their undivided attention. The Riverside Wallin & Klarich Rape Defense Attorneys will work tirelessly to ensure the best possible outcome in your case...
How can Wallin & Klarich help me get into a drug diversion program for meth possession in Ventura? (PC 1000 and Prop 36)
Posted on March 27, 2013Several alternatives instead of jail exist for meth possession cases in Ventura. California Penal Code 1000 and Proposition 36 are two types of diversion programs that you may be eligible for. Proposition 36 ? California Penal Code Section 1210.1 Proposition 36 (?Prop...
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