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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

I?m Charged With A Military Crime In San Diego ? What Should I Do Next?

Posted on February 03, 2011
Members of the United States military forces are prosecuted in the special military court, which is called a court-martial. Court-martial proceedings take the form of a trial with a presiding judge, a prosecutor and defensive counsel, who are all trained lawyers and also military officers...

Border Patrol Agent Accused of Housing Illegal immigrants In San Diego ? U.S.C. section 1324 (a)(1)(A)(iii)

Posted on February 02, 2011
A U.S. Border Patrol Agent was arrested and taken into custody in San Diego on January 11, 2011 for allegedly harboring illegal immigrants including his father. According to the FBI, Marcos Gerardo Manzano Jr. was arrested at the Imperial Beach Boarder Patrol Station and was being held in the Metropolitan Correctional Center in downtown San Diego pending his initial appearance in federal court...

Two Men Charged With Stealing iPad Users? Info

Posted on February 02, 2011
Daniel Spitler, 26, and Andrew Auernheimer, 25, were charged with fraud and conspiracy to access a computer without authorization for allegedly stealing the e-mail addresses of over 100,000 Apple Ipad users. They alleged gained access to the information by exploiting an AT&T security weakness...

Former Orange County Sheriff Mike Carona Will Turn Himself In.

Posted on February 02, 2011
According to his attorney, former Orange County Sheriff Michael S. Carona planned to surrender to authorities on January 25, 2011 to begin serving his 66-month prison sentence for witness tampering. The man once nicknamed "America?s Sheriff" was convicted of witness tampering after he was secretly taped having a conversation with then-Assistant Sheriff Don Haidl, in which he urged Haidl to lie to a grand jury investigating his administration...

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I Need to Expunge My Criminal Record In San Diego ? What Should I Do Next?

Posted on February 01, 2011
Expungement is nothing more than a statutory vehicle to dismiss a criminal case under certain specified conditions. Both misdemeanors and felonies may be expunged. Any adult who was granted and successfully completed probation, either by fulfilling the conditions of probation or being discharged before the end of his or her probation period may be eligible for expungement...

I?m Facing Extradition ? What Should I Do Next?

Posted on January 31, 2011
Extradition is a legal term for sending people from one state to another where they face criminal charges. If you have a criminal matter pending against you in another state and do not show up to court, that state will issue a warrant for your arrest...

I?m Charged With Elder Abuse In San Diego ? What Should I Do Next?

Posted on January 28, 2011
In California, Penal Code section 368 provides that any person who willfully causes or permits the infliction of unjustifiable physical pain or mental suffering on an elder person is guilty of elder abuse. An elder is anyone who is at least 65 years old...

I Am Being Charged With Murder In San Diego, What Do I Do? - P.C. 187(a); P.C. 189; P.C. 190(a)

Posted on January 27, 2011
If you are being charged with murder in San Diego, it is important to know what legal consequences you may be facing. Under California law, murder is the unlawful killing of another human being with malice aforethought.? (P.C. � 187(a))? First degree murder exists when a person commits murder with premeditation and deliberation or under certain circumstances such as by poison or during a drive-by shooting...

When to File a Criminal Appeal in California

Posted on January 25, 2011
At Wallin & Klarich, we get many calls from people who seek information about criminal appeals due to our expertise in the area. As criminal appellate lawyers we have handled many appeals and writs. One of the most common questions we are asked by clients or potential clients is when is an appeal appropriate...

I Was Caught With Marijuana in San Diego. What Do I Do? - H&S Code � 11357; V.C. � 23222

Posted on January 24, 2011
If you were cited or arrested for possession of marijuana in San Diego it is important to know the consequences you may be facing.In January 2011, the penalty for possession of up to an ounce of marijuana was changed from a misdemeanor to an infraction, meaning a possible fine of up to $100...

My Name Was Placed On CACI in San Diego ? What Should I Do Next?

Posted on January 21, 2011
The California Child Abuse Central Index ("CACI") is a tool created by the California Legislature to protect the health and safety of children. CACI is a list consisting of names of people who have been investigated or charged with child abuse. The primary purpose of CACI is to permit specified government agencies to locate prior reports detailing investigations of known or suspected child abuse or severe neglect...

A San Diego Court of Appeal Reversed Defendant?s Criminal Conviction Based Upon Prosecutorial Misconduct

Posted on January 20, 2011
Recently, the San Diego court of appeal reversed a criminal conviction because the court found that the prosecution was engaged in a pervasive pattern of misconduct which rendered defendant's trial fundamentally unfair. The reversal was necessary when during a jury trial the prosecutor questioned the defense expert about whether the defense counsel and the expert had worked together on a prior "rape trial" where they "attacked" the victim, and disparaged defense expert as someone who was being paid a lot of money to come in and give his opinion to spin the facts of the case in defendant?s favor...

I?m Charged With Assault With a Deadly Weapon in San Diego ? What Should I Do Next?

Posted on January 19, 2011
Assault with a deadly weapon under California Penal Code section 245 is a very serious criminal charge. This charge can be filed as a felony or a misdemeanor, and the person may be sentenced up to four years in state prison. However, if a person commits an assault with a semiautomatic firearm, he or she may be punished by imprisonment up to nine years...

An 80-year-old Jewel Thief Was Convicted in San Diego Superior Court

Posted on January 18, 2011
Doris Payne, an 80-year-old woman from Long Beach who is featured in an upcoming documentary by West Hollywood, was found guilty of commercial burglary and grand theft for stealing a ring from Fashion Valley mall in San Diego. Her sentencing is scheduled to take place on February 9, 2011, and she is facing up to five years and eight months in state prison...

Changes in the law imposes new criteria for qualifying for a restitution center ? California Penal Code Sections 6221 and 6228

Posted on January 14, 2011
Criminal restitution is the right of a victim to be reimbursed for the financial losses that were directly caused by a crime. It amounts to a monetary debt the criminal offender owes to the victim.Restitution is typically awarded to cover the cost of destroyed, lost, damaged, or stolen property...

How Can I Clean Up My Criminal Record? - PC 1203.4; PC 17b; PC 4852.01; PC 851.8

Posted on January 13, 2011
In today?s economy it?s hard enough to get a job without having to deal with a criminal record for past indiscretions. Since employers and schools are performing more background checks on applicants, it is vital to try to clear your record. Your past mistakes can greatly hinder your education and employment opportunities, but there are various ways to work with an attorney to clear your criminal record...

Jared Loughner and Pleading Insanity ? CPC 25(b), CPC 25.5

Posted on January 12, 2011
Jared Loughner, the person allegedly responsible for shooting Arizona Congresswoman Gabrielle Giffords and others, is charged with multiple crimes and may be facing the death penalty. He has not yet entered a plea, but reports indicate that he may have suffered from paranoid schizophrenia at the time of the alleged crime...

I lost my DMV administrative hearing but the prosecutor never filed charges. Do I still get points on my DMV record? - California Vehicle Code 23152, California Vehicle Code 12180

Posted on January 11, 2011
Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days...

Penal Code 245 - Woman arrested in Fullerton for stabbing boyfriend.

Posted on January 10, 2011
How an Experienced Southern California Criminal Defense Attorney can Make Sure You or a Loved One is Competently Represented if Accused of Assault with a Deadly Weapon or Attempted Murder A 25-year-old woman was arrested on suspicion of attempted murder after police say she stabbed her boyfriend multiple times during an argument Thursday morning at an apartment complex...

Myth on ?Common Law Marriages? in California

Posted on January 09, 2011
Many times, we come into contact with people who are under the impression that upon a break-up with their long-time companion, they have rights similar to what a husband or wife would have at the time of their divorce. For example, people sometimes feel that even though they were never married to their long-time companion, California?s community property laws and/or family laws apply to them...

CHANGES TO LAW WILL HOPEFULLY ENCOURAGE UNDERAGE DRINKERS TO CALL FOR HELP ? Business and Professions Code Sections 25658, 25662, and 25667

Posted on January 08, 2011
The California legislature passed a law in 2010 that provides immunity from prosecution to underaged drinkers who report an alcohol-related emergency. The bill was proposed in light of the tragic deaths among minors that resulted due to alcohol poisoning that went untreated because of an unwillingness to seek medical attention...

Changes in the law could make divorce more costly ? California Penal Code Section 217

Posted on January 07, 2011
Due to recent changes in California family law that have gone into effect at the start of this year, all hearings in a divorce action will now require oral testimony unless the parties waive that right or if the family court judge finds good cause to exclude oral testimony (Family Code Section 217(a) & (b))...

DUI for marijuana in California

Posted on January 05, 2011
Driving under the influence: It is unlawful to drive a motor vehicle while under the influence of marijuana (or alcohol or any other drug, whether it is prescribed, recommended or illegal) by Vehicle Code 23152. "Under the influence" is defined as a result of taking a drug, the person? s mental or physical abilities are so impaired that the person is no longer able to drive a motor vehicle with the caution of a sober person, using ordinary care, under similar circumstances...

NEW LAW MAY ALLOW PRISON INMATES TO BE RELEASED FROM PRISON TO SERVE THEIR TIME WHILE CARING FOR THEIR CHILDREN OR DEPENDENTS

Posted on January 04, 2011
Prison: Alternative Custody for "Female inmates, Pregnant inmates, or Inmates Who ? [Are] Primary Caregivers of Dependent Children" (Stats. 2010, Ch.644 [S.B. 1266]) A new law that went into effect January on 1, 2011, which authorizes the Secretary of the Department of Corrections and Rehabilitation (DCR) to offer a program for female inmates, pregnant inmates, or male/female inmates who are caregivers of dependent children a chance to participate in voluntary alternative custody programs, instead of serving time in state prison...

CALIFORNIA SUPREME COURT RULES THAT: LAW ENFORCEMENT CAN SEARCH ENTIRE CONTENT OF YOUR CELL PHONE IF YOU ARE ARRESTED

Posted on January 04, 2011
On January 3, 2011, the California Supreme Court ruled in People v. Diaz that a warrantless search of an arrestee?s cell phone contents did not violate the Fourth Amendment. Appellant Gregory Diaz was arrested after participating in an alleged drug sale with a police informant...

Impersonating Another Person Online is Now a Punishable Crime in California ? Penal Code Section 528.5

Posted on January 02, 2011
To provide a 21st Century update to an 1872 law that criminalized impersonating another, Penal Code 528.5 was enacted after the legislature and the governor passed the bill in September 2010. The law will go into effect starting January 2011. The new law was enacted to punish the act of intentionally impersonating someone else online for the purpose of fraud, intimidation, or to exact some sort of harm upon another...

NEW LAW WILL ALLOW THOSE CONVICTED OF CERTAIN INFRACTIONS TO EXPUNGE THEIR RECORD

Posted on December 30, 2010
A new law will take effect on January 1, 2011 that will grant individuals the opportunity to expunge their record for certain infractions. Although an infraction is a less serious crime than a misdemeanor, it is a blemish on your criminal record that may have a negative effect on your educational or employment opportunities...

I have been arrested for selling drugs. What can I do about it? ? California Health and Safety Code Section 11351

Posted on December 27, 2010
California law prohibits the possession of certain controlled substances or other illegal drugs for the purposes of sale. Such drugs include hydrocodone, PCP, cocaine, heroin, morphine, and codeine.Under California Health and Safety Code Section 11351, being in possession of drugs with the intent to sell them is a felony offense...

GRAND THEFT

Posted on December 22, 2010
Grand theft charges are typically based on Penal Code 487. Most commonly, the crime of grand theft happens when a person steals personal property valued at over $400. Such personal property typically includes retail products such as DVDs and clothes, food, checks, cash, and household items...

AUTHOR ARRESTED FOR PUBLISHING A ?HOW-TO? BOOK FOR PEDOPHILES ? P.C. 288

Posted on December 21, 2010
A 47-year-old man was arrested in Pueblo, Colorado for obscenity charges in Florida stemming from authoring and self-publishing a "how-to" guide for pedophiles. Philip Greaves was arrested on charges of distributing obscene materials depicting minors engaged in harmful conduct...

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