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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

California Vehicle Code 20001 - 20006 - I?m charged with a Hit and Run. What do I do?

Posted on December 20, 2010
In California, a hit and run occurs when a driver of a motor vehicle knowingly leaves the scene of an accident without identifying themselves to the other party or parties involved. The severity of the penalty depends on whether the accident resulted in damage to property or death or injury to any persons involved...

MILEY CYRUS SMOKING SALVIA NOT A CRIME UNDER CALIFORNIA LAW ? PC 379

Posted on December 17, 2010
On December 10, 2010, video allegedly taken by one of Miley Cyrus? friends appears to show her inhaling smoke from a bong. Sources later disclosed that the alleged substance in the bong was not marijuana, but salvia. Salvia is a psychoactive drug like marijuana, but unlike marijuana, it is completely legal to possess or use if a person is 18 years or older...

Vehicle Code 23152a - David Cassidy Charged with DUI

Posted on December 16, 2010
Former teen idol David Cassidy was charged with drunk driving after his Mercedes was stopped by a Florida Highway Patrol officer in Fort Pierce. The officer noticed the vehicle when it reportedly left the roadway and drifted onto the shoulder rumble strip twice before cutting off another car at an exit ramp...

P.C. 273a - I am accused of child endangerment ? What do I do now?

Posted on December 15, 2010
Children are viewed as particularly vulnerable members of society, so any perceived mistreatment or endangerment of their safety will be severely prosecuted. Under Penal Code 273a, child endangerment involves willfully causing or permitting a child to suffer physical or mental injury without taking steps to prevent it...

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Massage Parlor Bust Reveals Prostitution and Human Trafficking

Posted on December 13, 2010
Albuquerque police shut down two local massage parlors when it was discovered that the businesses were harboring prostitution operations that may also be involved in human trafficking. On Monday afternoon, detectives shut down White Dragon massage parlor and the Healing Massage parlor on the suspicion that the employees were performing sex for money...

Vehicle Code 13202.5 - Persons under the age of 21 caught in possession of alcohol will often lose their driving privileges in California

Posted on December 12, 2010
Under Business and Professions Code 25662, it is illegal for a person under the legal drinking age of 21 to be in possession of an alcoholic beverage while on any street, highway, or public place. As a misdemeanor, a first-time offender will be subject to a fine of $250 or will be required to perform between 24 to 32 hours of community service during hours when the person is not working or attending school...

CALIFORNIA PENAL CODE SECTION 647.6 (a) - A CONVICTION OF ANNOYING OR MOLESTING A CHILD MAY ATTACH EVEN WHERE THERE ARE NO SPECIFIC VICTIMS ?

Posted on December 09, 2010
A recent decision handed down by the California Courts of Appeal, 2nd District, has made it easier to be convicted of P.C. 647.6 (a), which punishes persons who annoy or molest children under the age of 18 years of age. The defendant in the case argued that his conviction for annoying or molesting a child was not supported by sufficient evidence because it was never shown that he directed his conduct toward any particular child...

Requiring a convicted defendant to not associate with ?suspected? gang members is not a proper condition of probation

Posted on December 09, 2010
As a result of a recent decision by the California Courts of Appeal, 6th District, a probation condition requiring that a defendant avoid associating with individuals who are known, or suspected, to be gang members is unconstitutionally vague. Mario Gabriel pled guilty to charges that included having unlawful possession of a concealed firearm...

PC 211 - A robbery is a crime involving moral turpitude that can result in deportation.

Posted on December 07, 2010
A recent petition denial by the United States Court of Appeals, Ninth Circuit, has established that robbery under California Penal Code 211 is a crime involving moral turpitude for purposes of the Immigration and Nationality Act (INA). This means that a non-citizen immigrant can be deported or deemed inadmissible into the county if convicted of robbery...

ACCUSED ?SKID ROW STABBER? HAS MURDER CONVICTION OVERTURNED AFTER 30 YEARS IN PRISON ? PC 187

Posted on December 06, 2010
On November 30, 2010, the Ninth Circuit Court of Appeal overturned the murder convictions of the accused ?Skid Row Stabber? because the key prosecution witness, a jailhouse informant, had perjured himself in multiple other criminal proceedings. In the late 70s, Bobby Joe Maxwell was convicted of two murders believed to have been committed by the Skid Row Stabber, a person who killed as many as 10 homeless victims in the Los Angeles area...

SCARCE STATE RESOURCES CREATE LENGHTY DELAYS FOR DEATH PENALTY APPEALS

Posted on December 06, 2010
Despite the abundance of attorneys in California, fewer lawyers are willing to accept appointments for death penalty inmates, creating significant delays in the legal process. Defense lawyers cite the significant emotional and financial costs in representing death penalty inmates...

SOUTHERN CALIFORNIA DEFENSE BLOG MOST POPULAR CALIFORNIA CRIMINAL DEFENSE BLOG, ACCORDING TO ABA JOURNAL READERS

Posted on December 03, 2010
The American Bar Association (ABA) Journal reported that the Southern California Defense Blog is the most popular California criminal defense blog among its online readers. This is a tremendous honor that has come about due to the tremendous efforts of the brilliant lawyers at Wallin and Klarich who are responsible for the content of the Southern California Defense Blog...

Involuntary Intoxication And ?Blackout? As A Defense To Drunk Driving In California

Posted on December 01, 2010
There is a legal debate related to whether an individual who commits a crime while in a "blackout" should be held as accountable for their actions as an individual who committed the same act while sober. The laws specifically disallow voluntary intoxication as a defense in criminal court...

SEX OFFENDER PAROLEE ARRESTED FOR PAROLE VIOLATION LESS THAN AN HOUR AFTER BEING RELEASED FROM PRISON ? PENAL CODE SECTION 3040 ET AL.

Posted on November 22, 2010
On November 17, 2010, sometime between 4:30 and 5:00 PM, paroled sex offender Lawrence Brown was released from prison. At 5:29 PM, police stopped his vehicle, arrested him for a parole violation, and he was headed back to prison. One of Brown?s parole terms was that he not be alone with another female in a vehicle...

BARSTOW COP CHARGED WITH HATE CRIME, ASSAULT ? P.C. 240, P.C. 415, P.C. 422.6(A)

Posted on November 21, 2010
On November 19, 2010, San Bernardino officials stated that Jimmy Alfred Walker, a Barstow police officer, faces misdemeanor assault, hate crime, and disturbing the peace charges for an incident that occurred in August. Sometime after midnight, the Hesperia Sheriff?s Department received a call from a 911 operator about a fight in progress...

TRIAL COURT MUST TRAIL CASE IF REQUEST IS MADE WITHIN THE STATUTORY PERIOD EVEN IF PROSECUTION CANNOT SHOW GOOD CAUSE ? P.C. SECTION 1382(a)(3); P.C. SECTION 1050

Posted on November 15, 2010
On October 25, 2010, in People v. Graves, the California Court of Appeal reversed the trial court?s dismissal of appellant?s case even though, on the day of trial, the prosecution requested to trail beyond the statutory deadline without good cause. On December 23, 2004, appellant Michael Graves was charged with misdemeanor battery against his wife and his mother-in-law...

Armed robbers take over 100 copies of ?Call of Duty: Black Ops? before it hits shelves ? PC 211

Posted on November 10, 2010
Approaching the release of the highly anticipated video game, "Call of Duty: Black Ops," two men armed with semi-automatic weapons held up a Gamestop and made off with over 100 copies of the game. The robbery took place on Saturday as the employees of the Baltimore-area gaming retail store was closing shop for the night...

FEDERAL COURT RULES THAT LAW ENFORCEMENT IS PERMITTED TO PUT GPS DEVICE ON YOUR VEHICLE TO MONITOR YOU EVEN IF YOUR CAR IS PARKED ON YOUR PROPERTY

Posted on November 10, 2010
A recent ruling by the U.S. Court of Appeals for the Ninth Circuit, allows government agents to enter onto your property and plant a GPS device on your car without a warrant. According to this ruling, this does not violate your Fourth Amendment rights, because only individuals with gates, fences, or a no-trespassing signs can have a reasonable expectation of privacy in their driveway...

How Legal Medical Marijuana Possession Can Still Result In Your Arrest And Drug Possession Charges ? California Health and Safety Code Section 11359

Posted on November 08, 2010
It was recently reported that probation conditions prohibiting marijuana apply when the restriction of marijuana is reasonably related to a defendant?s current criminal case. In December 2006, Thomas Theodore Brooks was arrested after being found in possession of cannabis and methamphetamine...

DUI and Evading Police

Posted on November 04, 2010
Pablo Santiago, age 21, was arrested recently by Carlsbad police after trying to get away from them by running. Santiago was allegedly driving under the influence of drugs when an officer spotted him driving erratically on the streets of Carlsbad. The officer attempted to pull Santiago over but Santiago sped away...

California Supreme Court holds that criminal cases must be dismissed if the State violates the right of the accused to a ?speedy trial.?

Posted on November 03, 2010
In upholding 18 criminal case dismissals, a ruling passed down by the California Supreme Court unanimously rejected Riverside County District Attorney Rod Pacheco?s argument that that all available courtrooms should have been converted to help deal with the severe backlog of criminal cases that were awaiting trial...

PC 261 Rape - Television Dance Competition Choreographer Facing Allegations Of Rape

Posted on October 20, 2010
Alex Da Silva, a well-known dancer and choreographer is best known for his is work on the television show ?So You Think You Can Dance?. Da Silva was arrested at his Los Angeles home on muliple allegations of Penal Code 261 rape. Four of Da Silva?s former dance students have made rape allegations against the choreographer...

Former Television Dance Competition Judge Facing Charges Of Child Molestation

Posted on October 19, 2010
Former reality show judge Shane Sparks faces eight counts of PC 288, lewd conduct in Los Angeles County. Sparks, who prior to being arrested on charges, was a judge on the television dance competition ?America?s Best Dance Crew?. Sparks is charged with eight counts of lewd acts with a child under the age of 14...

PC 187 - MOTHER ALLEGEDLY KILLED HER 3-YEAR-OLD DAUGHTERS, THEN SET FIRE TO APARTMENT TO TRY TO COVERUP THE DEATHS

Posted on October 14, 2010
California Penal Code 187 - Murder On October 13, 2010, police allege that a mother stabbed her two 3-year-old daughters to death, attempted to commit suicide, and set fire to her apartment to try to cover up her daughters? deaths. On October 12, after responding to reports of a late night fire, firefighters arrived at the mother?s apartment and subdued the flames...

PC 203 & 205, PC 206, and PC 273d - Father Accused of Biting Out and Eating His Child?s Eye Pleads Not Guilty

Posted on October 08, 2010
A man accused of biting out his 4-year-old son?s eye while allegedly high on PCP, pleaded ?not guilty? on Monday by reason of insanity. On April 28, 2009, 34-year-old Angelo Mendoza of Bakersfield had chained himself naked to a tree and was trying to hack his own leg off with a pickax when police responded to the scene...

Woman Accused of Hit-and-Run of a Police Officer Says Children Distracted Her ? California Vehicle Code Section 20001

Posted on October 06, 2010
An Indiana woman wanted in connection with a hit-and-run accident that killed a Greenfield police officer turned herself in on Monday, claiming that she had been distracted by her three children who were in the car at the time. 61-year-old Sue Ann Vanderbeck of Indianapolis told police that on September 28, the accident occurred when she was driving home after midnight from her late mother?s home in Cambridge City with her three children: a 4-year-old boy with autism and two 15-month-old twins...

PENAL CODE 187(A), PENAL CODE 189, PENAL CODE 190(A) - MAN CONVICTED OF MURDER AND STEALING VICTIM?S PRIZED FLUTES

Posted on October 05, 2010
On October 5, 2010, Alejandro Hernandez Rivera, 24, was found guilty of first degree murder for strangling a retiree as part of a plan to steal the retiree?s expensive flute collection. Rivera worked as a janitor by day, but prosecutors alleged that he also advertised his services as a prostitute on Craigslist...

Judge Openly Skeptical of Los Angeles Marijuana Law ? Health and Safety Code Section 11357

Posted on October 04, 2010
Superior Court Judge Anthony J. Mohr is skeptical about the propriety of several provisions in LA?s new marijuana laws. Mohr expressed his concerns at a hearing last Tuesday for lawsuits filed by collectives and patients challenging the constitutionality of the city?s new law...

GAY 13-YEAR-OLD COMMITS SUICIDE AFTER YEARS OF ALLEGED BULLYING ? CALIFORNIA PENAL CODE SECTION 422.6

Posted on September 30, 2010
On September 28, 2010, 13-year-old Seth Walsh was pronounced dead after sustaining injuries from apparently hanging himself from a tree in his backyard on September 19. According to a police report, emergency personnel found Walsh unconscious and not breathing after attempting to commit suicide...

FELONY THEFT CONVICTIONS REDUCED TO MISDEMEANORS

Posted on September 29, 2010
Theft cases with prior offenses can have serious consequences and also risk the possibility of state imprisonment. It is imperative that the attorney who represents you is knowledgeable of the courts where your case is being heard at and also the prosecution personnel as that could be the difference between state prison, jail time, probation or a dismissal of the case...

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