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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

Are You Facing Second Degree Burglary Charges?

Posted on January 20, 2010
A man was recently arrested on suspicion of committing several burglary offenses. He is suspected of being the ?Back Room Bandit? who is believed to have burglarized at least 19 different businesses since September in San Diego County. San Diego News 10 reported on Jones? arrest in San Ysidro...

All Persons Accused of Crimes in California Need to Be Advised on the Record of Immigration Consequences of Guilty Plea

Posted on January 19, 2010
Anytime a Defendant in a California pleads guilty to a misdemeanor or a felony, that defendant must be advised ?on the record? that the consequences of the guilty plea could result in deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the Untied States...

Ontario DMV Hearings and DUI Defense Attorneys

Posted on January 19, 2010
Situated in San Bernardino County, the city of Ontario is home to approximately 171,691 residents. Interestingly, Ontario?s population has increased by almost one hundred times the size it was one hundred years ago. Now, it is the location of a small international airport and the Ontario Reign (an ECHL hockey team)...

Court Can Exempt Certain Subpoenaed Documents From Discovery, Leaving the Defense in a Better Position to Defend, Part 3

Posted on January 18, 2010
There may be cases in which the trial court determines it necessary to ask questions of the prosecution, in addition to questions it has posed to the defense, in camera to protect privacy rights of third parties. The court may solicit suggestions from the defense on how best to ask these questions without disclosing defense strategies...

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Not All Subpoenaed Documents Need to be Turned Over to the Prosecution, Part 2

Posted on January 17, 2010
As discussed in yesterday?s blog, a recent court decision has held that documents the defense subpoenaed do not always need to be viewed by the prosecuting agency. Consistent with Evidence Code section 1560, subdivision (d), the trial court may open the sealed envelopes containing records produced in response to defense subpoenas without disclosing to the prosecution the identity of the third parties or the nature of the documents...

Not All Subpoenaed Documents Need to be Turned Over to the Prosecution

Posted on January 16, 2010
A recent California Appeals court case (Kling v. Superior Court) held that the prosecution is not always entitled to view or even be present when the court is opening documents that have been subpoenaed by the defense. The court points to Penal Code Section 1326(c) in its opinion and then adds to it some relevant case law...

Admissibility of DNA Evidence in a Rape Case

Posted on January 15, 2010
The California Supreme Court seems likely to allow wide latitude for prosecutors to use DNA evidence to extend the statute of limitations in crimes such as rape. The statute of limitations is the amount of time a prosecutor has to file charges against the alleged defendant...

What Happens if a Police Officer Lies: The Effectiveness of a Pitchess Motion

Posted on January 14, 2010
Defendants often wonder what they can do when it is just their word against the arresting police officer?s word. One option is to file a Pitchess motion to review the police officer?s personnel record. A Pitchess motion is a request made by the Defense in a California criminal case, for the personnel records of the arresting officer if the defendant has filed an affidavit alleging the use of excessive force or if there is reason to believe that the officer has a record of fabricating facts...

Irvine DMV Hearings and DUI Defense Attorneys

Posted on January 14, 2010
Irvine is situated in Orange County and has an approximate population of 207,500. As home to numerous Universities and located within close proximity to popular beach sites like Newport and Laguna, Irvine attracts several visitors and new residents throughout the year...

The Los Angeles Police Department Maintains that Synagogue Shooting Not a Hate Crime

Posted on January 13, 2010
Recently it was reported that two men were shot in a North Hollywood synagogue parking lot by an unknown assailant. Immediately after the shooting, there was great concern that these shootings were the result of a ?hate crime? or possibly an act of terrorism...

Los Angeles County Sheriff Announces a Possible Suspect in Station Fire Arson Case

Posted on January 12, 2010
Babatunsin Olukunle has been arrested for setting a fire in the Angeles National Forest near where the Station Fire originated. Los Angeles County Sheriff?s Lieutenant Liam Gallagher stated they are now also investigating into whether Olukenle has any connections to the Station Fire that was started 6 days later...

San Bernardino DMV Hearings and DUI Attorneys

Posted on January 12, 2010
San Bernardino is a major city within California?s Inland Empire that covers 78.5 square miles. As the 18th largest city in California based on population, San Bernardino has an approximate population of 205,010. San Bernardino is situated at the foothills of the San Bernardino Mountains...

In Dependency Cases Parents Are Entitled to a Hearing Before their Biological Children Are Put Up for Adoption, Even if There Has Not Been Continuous Contact

Posted on January 11, 2010
A recent California Court of Appeals decision held that a biological parent may request a hearing before his or her child is put up for adoption by the state. In M.T. v. Superior Court (San Francisco Dept. of Human Services) the Court of Appeals cited to the California Welfare and Institutions Code (WIC) Section 366...

Recent Ninth Circuit Decision Makes Jury Selection More Even-Handed

Posted on January 10, 2010
A recent Ninth Circuit Court of Appeals decision dealt a blow to racially motivated juror dismissals. When choosing a jury, attorneys are allowed a certain number of challenges to remove jurors form the jury pool. The attorneys may challenge ?for cause? or may exercise a limited number or peremptory challenges...

Deferred Entry of Judgment Available for Minor Up Until the Start of Trial

Posted on January 09, 2010
A recent California Appeals Court decision (In re A.I.) held that an eligible minor may obtain deferred entry of judgment at any time prior to the commencement of trial. In addition, if the minor makes a pretrial motion to suppress evidence, he can still accept deferred entry of judgment after the juvenile court has denied the motion...

New Law Cuts Jail Time You Must Do if Sentenced to County Jail

Posted on January 08, 2010
2010 has brought a host of new laws regarding criminal defendants that are currently serving time in jail. The new law allows for 1/2 time credit while in a jail in California. While not all defendants will benefit from this law (persons convicted of violent crimes or certain sex crimes), a far majority do...

Huntington Beach DMV Hearings and DUI Defense Attorneys

Posted on January 07, 2010
Huntington Beach is situated in Orange County, California and is widely known for its beautiful beaches and preserved wetlands. Also referred to as ?Surf City?, Huntington Beach has an estimated population of 190,000 within its stretch of 31.6 miles. As a host to several surfing events every year, Huntington Beach draws a variety of visitors to an already densely populated area...

New Laws Allow Veterans to Hire Private Lawyers to Fight Service-Related Benefits Denied by the U.S. Government

Posted on January 07, 2010
Every year, tens of thousands of veterans fight for service-related benefits denied by the U.S. Government. For decades, non-profit groups and pro-bono firms were the only ones helping veterans navigate the complicated appeals process. Currently, veterans who are unsatisfied with a determination and want to fight it, must appeal to their local VA office by filing a ?notice of disagreement,? and then can hire a lawyer...

Orange County Veterans Court is Designed for Veterans Facing Either Misdemeanor or Felony Charges

Posted on January 06, 2010
Veterans Court is Meant to Provide Veterans with Treatment they Need and Deserve for their Great Service to Our Country In California, several Superior Courts have created a special court, called Veterans Court, for veterans who are facing pending criminal charges, both misdemeanors and violent felonies, such as driving under the influence, drunk in public, assault, drug crimes, and many more criminal allegations...

Have a Criminal Past and Looking for a Job?

Posted on January 05, 2010
When your past interferes with your future, you might need an experienced San Diego criminal defense lawyer to assist you in cleaning up your record. Because a criminal record is a public record any one can view, several people can see your case file and view what happened in your criminal case...

Glendale DMV Hearings and DUI Defense Attorneys

Posted on January 05, 2010
As the third largest city in Los Angeles County, Glendale has an approximate population of 207,303. Covering 30.7 square miles, Glendale?s estimated population density is 6,770.6 individuals per square mile. Glendale is home to The Walt Disney Company, Dreamworks SKG, Nestle, and contains a wide variety of retail shopping developments including the recent addition of the Americana at Brand...

Conviction Based on Out of Court Statements Reversed

Posted on January 04, 2010
Many times, out of court statements are the only evidence available to the prosecution at trial. This usually happens because the victim is unwilling or unavailable to testify at trial. For example, a prosecutor would want a cop to be able to testify that a victim told that officer that the defendant hit him or her if the alleged victim is now unwilling to testify...

Los Angeles Neighborhood Councilman Facing Felony Charges for Misusing City Funds

Posted on January 03, 2010
James Tyrell Harris, a South Los Angeles anti-gang activist, was arrested for allegedly misappropriating $85,000 in city funds. While serving as chairman and treasurer of the Empowerment Congress Southwest Area Neighborhood Development Council, Harris is said to have made unauthorized withdrawals and purchases for travel expenses and hiring his daughter for administrative work...

A Common Legal Issue in the Context of Medical Marijuana Litigation

Posted on January 02, 2010
The Issue of Possession of Marijuana for Personal Medical Needs, Versus, Possession of Marijuana for the Needs of Others Defendant, Nathaniel Archer, was found guilty of cultivation of marijuana in violation of Health and Safety Code section 11358, a felony, and of simple possession of marijuana in violation of section 11357(a)...

Cal Poly Fraternity Members Suspected of Hazing

Posted on January 01, 2010
After a new member of the Sigma Phi Epsilon fraternity was injured with second degree burns during a bonfire ceremony, 9 members have been suspended while 45 other members have been put on probation. Though the injury itself was not caused by direct hazing, university officials believe that hazing was a factor because new members were blindfolded during the ceremony and the victim was refused immediate medical attention...

Charlie Sheen is Accused of Assault: What this Means and How an Experienced Criminal Defense Attorney Can Help Him Avoid Jail

Posted on December 31, 2009
On December 29, 2009, CNN reported that Charlie Sheen?s Wife, Brooke Mueller, has accused Mr. Sheen of threatening to have her killed. CNN reports that Mueller alleges Sheen said, "I have ex-police I can hire who know how to get the job done, and they won't leave any trace," as he held her down with a knife...

Chula Vista DMV Hearings and DUI Defense Attorneys

Posted on December 31, 2009
Chula Vista is located in southern San Diego County and has a population of about 217,478. As the second largest city in San Diego County, Chula Vista is 51.2 square miles in size. Chula Vista has experienced a population growth of over 20% since the year 2000...

Gang Crackdown in LA

Posted on December 31, 2009
As a result of Operation Community Shield, law enforcement has arrested 1,785 gang members and associates around the country between March and September of this year. Of those arrested, approximately 300 were from the Los Angeles area. Gangs that were targeted in Los Angeles County during the sweep included the Avenues, 18th Street, Barrio Evil 13 and Mara Salvatrucha gangs...

Los Angeles County Sheriff's Department Accused of Violating Reporter's Rights

Posted on December 30, 2009
The Los Angeles County Sheriff?s Department is facing accusations of violating a reporter?s rights for its investigation into TMZ founder Harvey Levin?s sources. Levin?s phone records were obtained by the sheriff as part of an investigation into who leaked information over Mel Gibson?s arrest for drunk driving to TMZ back in 2006...

When Has a Person Been Legally Arrested?

Posted on December 29, 2009
Whether an actual arrest took place is critical to the future of your case because an illegal arrest can result in obtaining critical statements or evidence illegally. There are no magic words which create the sole basis for determining whether an arrest has occurred...

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