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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

Former U.S. District Judge Resigned From San Diego Bench to Protest Federal Mandatory Minimum Sentencing Guidelines - How an Experienced Southern California Criminal Defense Firm Can Help You

Posted on March 26, 2010
In 1990, U.S. District Judge Lawrence Irving resigned from his San Diego Bench to protest Congress? decision to pass mandatory minimum sentencing guidelines that removed judges? discretion to impose sentences. Irving considered his position to be his ?dream job,? but found the federal mandatory sentencing guidelines ?unconscionable...

Someone I Love is in Jail: How Can I Bail Them Out of Jail? - Part 1 of 2

Posted on March 26, 2010
There are 3 ways in which to ?post bail? in California for someone who is in jail. This article is designed to explain these options to you and provide you with how ?bail works? so you can make an informed decision on making bail and helping to get a loved one out of jail as soon as possible...

Someone I Love is in Jail: How Can I Bail Them Out of Jail? - Part 2 of 2

Posted on March 26, 2010
This is the second part of a two part article explaining how bail works in California. The bail process can be intimidating because your loved one is in jail and you may not know what to do or who to turn to for proper advice. There are also several bail bond companies which can make things more confusing...

Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 3 of 3 - California Penal Code 13701

Posted on March 25, 2010
Have you been accused of domestic violence? Is it alleged that you caused injury to your current or former spouse or cohabitant? If so, you need an experienced advocate by your side, starting now. Police officers are trained to arrest the "primary aggressor" when responding to a domestic dispute...

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Irvine Assault and Battery Defense Lawyers

Posted on March 25, 2010
Located in Orange County, Irvine is a highly recognized city and is home to an estimated 207,500 individuals. Irvine draws numerous visitors and new residents throughout the year due to being a friendly community that is close to beaches like Laguna and Newport...

Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 2 of 3 - California Penal Code 13701

Posted on March 24, 2010
In identifying the "primary aggressor" of a domestic violence dispute, law enforcement will consider the intent of the law to protect victims of domestic abuse from continuing abuse, any threats giving rise to fear of physical injury, the history of domestic violence between the parties involved, and whether either part was acting in self-defense...

Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 1 of 3 - California Penal Code 13701

Posted on March 23, 2010
Police officers and prosecutors alike receive training for identifying the primary aggressor in the context of a domestic violence dispute. When being charged with any type of domestic violence in California, it is critical that you immediately contact a criminal defense attorney versed in handling all domestic violence cases...

San Bernardino Assault and Battery Lawyers

Posted on March 23, 2010
As one of Southern California?s largest cities, San Bernardino has an estimated population of 205,010 within its stretch of 78.5 square miles. Located in California?s Inland Empire, San Bernardino is the 18th biggest city based on population within the state...

How Can I Stop Registering as a Sex Offender? California Penal Code 290

Posted on March 22, 2010
If you have been convicted of a sex crime and are currently registering as a sex offender, you may be entitled to exclusion from sex registration. In the recent case of People vs. Taravella, it was decided that if you were convicted of oral copulation with a minor (14 or 15 years old), you may have a remedy to stop registration...

What Can Constitute "Possession" for the Purposes of Possession of a Controlled Substance? Health and Safety Code Sections 11350 & 11377

Posted on March 21, 2010
Under California law, a person is recognized to have ?possession? of a tangible object when they have personal charge or control of, or exercise the right of ownership or management over the tangible object. It is important to understand that possession of a controlled substance in California may be actual or constructive...

What Does the Prosecution have to Prove in Order to Convict a Defendant of Showing or Sending Harmful Material to Seduce a Minor in Violation of California Penal Code Section 288.2(a) and (b)?

Posted on March 20, 2010
In California, it is a crime to send harmful material to a minor in an attempt to seduce that minor. A minor in California is anyone who is under the age of 18. California Penal Code Section 288.2(a) provides that every person who, with knowledge that a person is a minor, knowingly sends any harmful matter to a minor with the intent of seducing the minor is guilty of a public offense...

What is an Expungement? California Penal Code 1203.4

Posted on March 19, 2010
Having been convicted in the past of a crime can be very difficult to overcome. Having a criminal record can make if difficult to get a job. It is a burden that no one wants to carry around. With the help of an attorney, you may be able to clean your record in Southern California...

The Difference between Possession of Drugs and Possession of Drugs for Sale Charges - California Health and Safety Code Section 11350 & 11351

Posted on March 18, 2010
How an Experienced Southern California Drug Defense Attorney Can Help You If the police detain you for any reason and you are caught with drugs you may be charged with drug possession. But, if the police believe that you possessed the drugs in order to sell them, then that is a separate charge called ?possession for sale...

Huntington Beach Assault and Battery

Posted on March 18, 2010
Located in Orange County, California, the city of Huntington Beach is most recognized for its scenic beaches and conserved wetlands. Often referred to as ?Surf City,? Huntington Beach?s approximate population amounts to 190,000 within a span of 31.6 miles...

Police Officer Pleads Guilty to Receiving Stolen Property - California Penal Code Section 496

Posted on March 17, 2010
An Oceanside police sergeant recently pleaded guilty to charges of ?receiving stolen property and knowingly accepting items purchased with embezzled funds,? according to a recent report by San Diego News 10. The man had been with the Oceanside Police Department for 10 years and was quoted as being a ?rising star? in the department when he was charged...

I am Accused of Driving on a Suspended License - What Should I Do? - California Vehicle Code Sections 14601

Posted on March 16, 2010
It is a crime to be driving on a suspended driver?s license in California. The consequences for driving on a suspended license can be severe. If you are facing a charge of driving on a suspended license, it is important that you speak with an experienced criminal defense attorney...

Glendale Assault and Battery Defense Attorneys

Posted on March 16, 2010
Spanning 30.7 square miles, Glendale ranks as the number three largest city in Los Angeles, California. Major brands like Dreamworks SKG, Nestle, and The Walt Disney Company have offices in Glendale and employ many of Glendale?s estimated 207,303 residents...

NFL WR Pleads Guilty to DUI - California Vehicle Code 23152

Posted on March 15, 2010
According to ESPN, San Diego Chargers wide receiver Vincent Jackson has plead guilty to a 2009 DUI charge. This is Jackson?s 2nd conviction for a DUI. Jackson?s first DUI was in 2006. Jackson will face 4 days in jail and 5 years of probation. Jackson will also have to pay a fine of $2,408 and perform 10 days of public work service...

Mental Health Expert Shall be Appointed in Criminal Case - California Penal Code Section 1054.3

Posted on March 14, 2010
In response to Verdin v. Superior Court (2008) 43 Cal.4th 1096, which has held that when the defendant raises a ?diminished actuality? defense and places his mental state at issue, the court could not order him to submit a mental health examination to the prosecution...

Possession for Sale of Marijuana - California Health and Safety Code Section 11359

Posted on March 13, 2010
Anyone charged with possession for sale of marijuana should speak with an experienced drug possession attorney in Southern California. Possession for sale of marijuana is a serious crime that comes with harsh penalties and consequences. California Health and Safety Code Section 11359 makes it a felony for anyone to unlawfully possess marijuana for the purpose of sales...

I am Accused of Vandalism - What Should I Do? - California Penal Code Section 594

Posted on March 12, 2010
California Penal Code Section 594 defines vandalism as any person who maliciously defaces with graffiti, damages, or destroys any real or personal property. This definition is so broad that it encompasses any sort of destructive or unsightly behaviors...

Chula Vista Assault and Battery Defense Lawyers

Posted on March 11, 2010
The Southern California city of Chula Vista is a hub for businesses and tourists alike, and lies along the coast, stretching an estimated 51.2 square miles. Its evaluated population of 217,478 does not include the large number of travelers and tradesmen that enter the city annually in search of vacation and commerce...

I am Accused of Meth Possession - What Should I Do? - California Health and Safety Code Section 11377

Posted on March 11, 2010
California Health and Safety Code Section 11377 makes methamphetamine (?meth?) possession illegal. Meth Possession is a serious crime with serious penalties. If you are charged with meth possession, it is important that you speak to an experienced criminal defense attorney to get you the best possible result in your case...

I am Accused of Possession of Drug Paraphernalia - What Should I Do? - California Health and Safety Code Section 11364

Posted on March 10, 2010
Anyone who has been charged with possession of drug paraphernalia, under California Health and Safety Code Section 11364, should be prepared to retain an experienced criminal defense attorney. An experienced criminal defense attorney will know how to examine all the circumstances surrounding your case to secure the most favorable result...

Riverside Assault and Battery Defense Attorneys

Posted on March 09, 2010
Spanning about 98.4 square miles, Riverside, California, is the 61st largest city in America, the number 12 largest city in all of California, and the number one biggest city in the metro area of Riverside-San Bernardino. Its approximate 311,575 residents are about 60 miles east of Los Angeles, and Riverside has its own notable sites including parks (California Citrus State Historic Park), museums (Riverside Metropolitan Museum), and schools (University of California, Riverside)...

I am Accused of Possession of a Controlled Substance - What Should I Do? - California Health & Safety Code Section 11350

Posted on March 09, 2010
California Health & Safety Code Section 11350 is a law that makes it illegal to possess various types of drugs as defined within the health and safety code. In order to be convicted of possession of a controlled substance, the prosecution must prove that you unlawfully possessed a controlled substance, that you knew of its presence, that you knew of the substance?s nature or character as a controlled substance, what the controlled substance was, and that the quantity possessed was a usable amount...

"Money Man" Spared Jail Time and Felony Conviction in Exchange for Turning Informant and Providing Witness Testimony

Posted on March 08, 2010
It was recently reported that Donald Haidl, the alleged ?money man? for disgraced Orange County Sheriff Mike Carona, will not serve jail time because Haidl provided ?extraordinary? cooperation with prosecutors in convicting Carona for corruption. Haidl will instead pay a $40,000 fine and perform community service on a guilty plea for filing a false tax return...

Don't Get Ticketed for Passing a Parked Emergency Vehicle - California Vehicle Code Section 21809

Posted on March 07, 2010
Under California Vehicle Code Section 21809, the law now gives greater protection to emergency vehicles that are parked on the shoulder of a freeway. This means that if you are driving in either the very far right or very far left lanes, the law requires you to change lanes if you see that you are coming up behind an emergency vehicle that is parked on the freeway shoulder and has its lights flashing...

An Arizona Self-Help Guru Has Been Charged With Manslaughter

Posted on March 06, 2010
Self-help guru, James Arthur Ray, has been charged with three counts of manslaughter after dozens of his followers collapsed in a sweat lodge at his retreat center in Arizona. Allegedly, over twenty people were hospitalized, and three of them never regained consciousness and died at a hospital...

Doctor Convicted of Assault with a Deadly Weapon - California Penal Code Section 245

Posted on March 05, 2010
NPR reported that a former emergency room doctor was convicted of six felony counts in an incident involving a car which was allegedly used as a weapon. The news story said that the incident started when the doctor, while driving his car, got a little too close for comfort with a couple of cyclists who were apparently hogging the road...

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