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Criminal Law

Southern California Criminal Defense Blog

Information about California Defense Law as well as up-to-date news from the legal sector.
By Walin & Klarich

Post Frequency: 9.1/day

Last Entry: April 01, 2011 at 15:11:30

U.S. Supreme Court Rules Federal Civil Commitment Statute is Constitutional: Sex Offenders Can Be Kept in Custody Even After Prison Term Ends

Posted on May 19, 2010
In United States v. Comstock, No. 08-1224, the United States Supreme Court recently held that the federal government properly has power under the ?Necessary and Proper Clause? to enact a civil commitment statute for ?mentally ill, sexually dangerous? federal prisoners, maintaining them in custody beyond the expiration of their criminal sentence...

United States Supreme Court Rules that the Eighth Amendment is Violated When Juveniles are Sentenced to Life Without the Possibility of Parole for Non-Homicide Crimes

Posted on May 19, 2010
In Graham v. Florida, No. 08-7412, the United States Supreme Court held that the Eighth Amendment bars sentences of life without parole for juveniles not convicted of a homicide offense. The Eighth Amendment prohibits cruel and unusual punishment. In Graham, Graham was 17 years old when he participated with two 20 year olds in an armed and violent home invasion robbery...

Man Stabbed During Fight At The Block In Attempted Murder California Penal Code Section 21a and 187

Posted on May 19, 2010
It was recently reported that authorities are looking for two groups of men that got into a fight which left one man with stab wounds to his body. Authorities reported that a verbal altercation broke out between the groups around 11:30 p.m. inside a T...

Trial for Santa Ana Robbery Begins and How a Criminal Defense Attorney Can Help You ? California Penal Code section 211

Posted on May 17, 2010
It was recently reported in the OC Register that trial began for the robbery of a Buena Park liquor store. On August 8, 2006, two individuals intentionally shot a liquor store owner and a customer in the head for purposes of avoiding any witnesses to the robbery...

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California Domestic Violence Laws State Victims Cannot Be Jailed For Refusing To Testify Against Their Abusers In Court

Posted on May 17, 2010
Domestic violence stories in California often have a common theme. The alleged abuser in someway assaults the alleged victim and the police are called. The alleged victim is upset and is pressured by police to tell them everything that happened. The alleged victim discloses the alleged abuse and the alleged abuser is arrested...

Anaheim authorities broke up an encampment of about 40 paroled sex offenders!

Posted on May 14, 2010
On May 7, 2010, it was reported that Anaheim authorities had broken up an encampment of about 40 paroled sex offenders, who had parked along a street in front of a parole office in Anaheim. Anaheim is a city in Orange County, California, and as of January 2009, it?s population was approximately 350,000...

Kindergarten Teacher from Atlanta, Not Guilty of 22 Counts of Molestation and How a Criminal Defense Attorney Can Help You ? California Penal Code section 288

Posted on May 13, 2010
It was recently reported by CBS that Tonya Craft, a Kindergarten teacher charged with 22 counts of child molestation, aggravated sexual battery, and aggravated child molestation, has been found not guilty on all counts. The 37-year-old teacher from Chickamauga Elementary School was accused of molesting three girls between August 2005 and May 2007...

What You Need To Know About California?s Bad Check Law ? California Penal Code Section 476(a)

Posted on May 13, 2010
If you write a bounced check in California, you can be criminally prosecuted. Under California Penal Code Section 476(a), it is a crime to write a check knowing that you have insufficient funds and the intent to defraud. If the prosecution can prove that you knowingly wrote a bad check with the intent to deceive another person out of money or property, you will be convicted...

Charged with Involuntary Manslaughter? What You Need to Know.

Posted on May 12, 2010
It?s almost never the case in incidents involving involuntary manslaughter that the defendant had intended to kill the victim, but unfortunately a death does in fact occur under the circumstances ? even in the absence of any murderous intent. Consequently, the defendant will still face involuntary manslaughter charges as long as the killing was the result of the defendant?s own wrongful conduct or recklessness...

Santa Ana Gangster Kidnaps Ex-Girlfriend ? California Penal Code 207

Posted on May 11, 2010
It was recently reported in the Orange County Register that a purported gang member is wanted in the kidnapping of his ex-girlfriend. Rudy Castellon, 23, allegedly went to his ex-girlfriend?s parent?s house. The mother refused to let Castellon see her daughter...

How Being Classified As A Sexually Violent Predator Can Extend A Prison Sentence And How an Experienced Southern California Sex Crimes Attorney Can Help You ? California Welfare Institutions Code 6600 and 6601.3

Posted on May 11, 2010
It was recently reported that a person?s prison time can be extended beyond what he or she was sentenced to in order to be committed as a sexually violent predator. David Lucas, a labeled child predator, was in prison serving a seven-year sentence for failing to register as a sex offender and was scheduled for release on parole on October 12, 2008...

Denial of Social Security Benefits Due to Arrest Warrant

Posted on May 11, 2010
The Social Security Administration (?SSA?) implemented a policy seeking to prevent people from using government benefits if they are fleeing from arrest. However, rather than trying to seek out individuals who were actually fleeing from prosecution, SSA used a computer matching system that matched names in warrant databases to those at SSA...

Chula Vista Police Chief David Bejarano wrote fraudulent checks!

Posted on May 11, 2010
On May 7, 2010, it was reported that the Chula Vista District Attorney's Office is reviewing a complaint that Chula Vista Police Chief David Bejarano wrote fraudulent checks on a private security firm's account that he co-owns. Chula Vista, home of one of the few year-round United State Olympic Training Centers, is the second largest city in the San Diego metropolitan area, as well as the 7th largest city in Southern California...

Glendale Bank Robbery

Posted on May 11, 2010
On May 6, 2010, it was reported that a robbery occurred in the city of Glendale at Community Bank when a petite girl in her late teens made off with an undisclosed amount of money. Glendale, bisected by the Verdugo Mountains, is famous for having helped, in conjunction with Burbank, father the emerging age of aviation, and is home to the now retired Grand Central Airport...

Los Angeles County Jail Houses Epic Police Brutality

Posted on May 07, 2010
A recent report from the American Civil Liberties Union (ACLU) alleges that jail inmates in Los Angeles County Men?s Central Jail are routinely subject to brutal beatings at the hands of jail guards and fellow inmates. The report was based on interviews with inmates, relatives, and other sources...

Troubles Mount For New York Giants? Lawrence Taylor After Arrest For Rape

Posted on May 07, 2010
It was recently reported that Lawrence Taylor, better known as ?LT? during his playing days as an NFL linebacker for the New York Giants, was arrested and charged with felony third-degree rape and misdemeanor patronizing a prostitute in New York. In New York, third-degree rape involves sex with a minor below the age of 17...

Update on the New York City Times Square Terrorist Bombing Suspect

Posted on May 07, 2010
On May 1, 2010, the country was tense as it was revealed that a SUV filled with explosives was driven into the heart of New York?s Times Square. The act of terrorism could have endangered the lives of hundreds of people. Fortunately, the explosives failed to detonate...

A Lewd or Lascivious Act on a Child by Force or Fear in Violation of Penal Code Section 288(b)(1) Can be Punishable by Life in Prison

Posted on May 04, 2010
At Wallin & Klarich, we handle a number of child molestation cases. If you or a loved one is charged with child molestation, it is important to speak with an experienced attorney who is knowledgeable on child molestation laws. The statute of limitations does not bar the defendant?s prosecution on child molestation charges under Section 288 charges because the one-strike provision of Penal Code Section 667...

How Being Classified As A Sexually Violent Predator Can Extend A Prison Sentence And How an Experienced Southern California Sex Crimes Attorney Can Help You ? California Welfare Institutions Code 6600 and 6601.3

Posted on May 04, 2010
It was recently reported that a person?s prison time can be extended beyond what he or she was sentenced to in order to be committed as a sexually violent predator. David Lucas, a labeled child predator, was in prison serving a seven-year sentence for failing to register as a sex offender and was scheduled for release on parole on October 12, 2008...

California?s Compassionate Use Act ? Medicinal Marijuana ? California Health & Safety Code Section 11362.5

Posted on May 03, 2010
California passed Proposition 215, the Compassionate Use Act (?CUA?), in 1996. The CUA allows patients and caregivers to possess and cultivate marijuana for the purpose of medical treatment. Despite the federal government?s continued ban on the possession of marijuana, the California state legislature enacted Health and Safety Code 11362...

Chatsworth Boy Cody Burton Found Safe After Kidnapping Fears ? California Penal Code Section 207

Posted on May 03, 2010
It was recently reported that a missing 11-year-old Chatsworth boy was found safe after being reported missing the night before. Cody Burton went missing at 6:40 on a Sunday night after taking out the trash. He did not return to his apartment complex and did not have contact with his mother the rest of the night...

Aliso Viejo man was convicted by a jury of secretly videotaping young girls

Posted on April 30, 2010
On April 30, 2010 it was reported that an Aliso Viejo man was convicted by a jury of secretly videotaping young girls as they changed out of bathing suits during a pool party at his Aliso Viejo home. The jury also found that the man engaged in inappropriate sexual activities with another 16 year old dance student...

Treatment of Substance Abuse For Prisoners Can Lead To Less Drug Crime And A Lower Prison Population

Posted on April 27, 2010
Most people would likely agree that drug crimes were a major contributing factor in the alarming increase in the number of Americans currently incarcerated in the various penal institutions in the country. The overpopulation in our prisons is partly due to the increase in drug crime rate...

I Was Arrested for Public Intoxication ? What Should I Do Next? ? California Penal Code 647(f)

Posted on April 27, 2010
Under California Penal Code 647(f), public intoxication is listed as a crime of disorderly conduct and is a misdemeanor. Public intoxication is when a person is found in any public place under the influence of drugs or alcohol, and is in a condition where he or she is unable to exercise care for his or her own safety or the safety of others...

Tractor Trailer May Have Been Involved in Fatal Crash ? The Importance of Hiring a Hit and Run Attorney ? California Vehicle Code Section 20001

Posted on April 27, 2010
It was recently reported that a hit and run car crash killed three people on the 91 freeway. The deaths occurred after a Mazda collided with a Chevrolet and erupted in flames. A tractor trailer may have also been involved. The driver of the Mazda lost control and swerved across several lanes, cutting in front of a tractor trailer...

Man Arrested On Suspicion of Assault and Battery After Tackling Referee ? California Penal Code Section 242

Posted on April 26, 2010
It was recently reported that a man was arrested after tackling a referee in an adult soccer game. Charles Hayne, 31, was arrested on suspicion of Penal Code Section 240, takes place when you perform an act that is likely to result in the application of force to another person...

Man Burglarizes Lake Forest Beauty Store ? California Penal Code Section 459

Posted on April 26, 2010
It was recently reported that a beauty supply store in Lake Forest was burglarized by a man in a ski mask. The man is alleged to have been carrying a handgun. The man ordered an employee to lead him to the safe and the employee gave him an undisclosed amount of money...

NFL Star Ben Roethlisberger Accused of Sexual Assault ? California Penal Code Section 243.4

Posted on April 26, 2010
It is now well-known that NFL Star Ben Roethlisberger was recently accused of sexual assault. It appears Roethlisberger was at a bar in the Georgia Town College area with friends when the alleged assault took place in the bar bathroom. This is the second alleged sexual assault incident for the Pittsburgh Steelers Quarterback...

Man Burglarizes Lake Forest Beauty Store ? California Penal Code Section 459

Posted on April 23, 2010
It was recently reported that a beauty supply store in Lake Forest was

I Need to Appeal My Conviction ? What Should I Do? California Penal Code Section 1237

Posted on April 20, 2010
The appeals process can be very complex. Judges, attorneys, and jurors must follow a long list of laws and procedural rules. Because of this complexity, there is a fairly high potential for error. At any point in trial, the judge or an attorney can make an error or mistake that may cause an unjust result...

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