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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

Firearm Cases and Laws to be Impacted by Supreme Court Ruling

Posted on August 25, 2008
On June 26, 2008, the United States Supreme Court issued its opinion in the case of District of Columbia v. Heller (2008) 128 S. Ct. 645. The issue in the case was whether Washington, D.C.'s gun law ran afoul of the Second Amendment to the United States Constitution...

Neglect and Sex Crime Charges Information Retained and Sometimes Released

Posted on August 22, 2008
The Department of Justice (DOJ) maintains an index of any and all sexual abuse charges and severe neglect reports submitted. The index is continually updated by the department and should not contain any reports that are determined to be unfounded. If the claim is found to be inconclusive or unsubstantiated that person shall be deleted from the Child Abuse Central Index (CACI) after 10 years if there are no subsequent reports concerning the same suspected child abuser...

Felony Assault Conviction Requires Present Ability to Cause Harm

Posted on August 21, 2008
Defendant repeatedly threatened to kill victim, put bag over victim?s head, threatened to light oven gas, held a knife to victim?s throat, put a noose around victim?s neck, and covered victim?s head with duct tape, and victim smelled gas, but ventilation within the victim?s mobile home prevented defendant from igniting the gas despite defendant?s efforts, the gas did not give defendant the present ability to cause harm to support defendant?s conviction for felony assault...

Century City DUI and Criminal Defense Lawyers

Posted on August 21, 2008
The Century City, California criminal defense attorneys at Wallin & Klarich have more than 30 years of experience defending clients who are facing criminal charges, including misdemeanors, felonies, DUI/DWI and DMV hearings. Having operated in the area for so long we have a familiarity with local judges, district attorneys and courts that afford our clients the highest quality Century City felony defense...

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Child Abuse Central Index and How to Get Removed

Posted on August 20, 2008
Within 5 business days of the county submitting information to the Department of Justice (DOJ) to list any individual on the Child Abuse Central Index (CACI), the county is supposed to provide you with written notice. It is very important that the person to be listed on the CACI hire a knowledgeable family law attorney because of the time requirements to be heard and the severity and consequences of being listed on the CACI...

California Expungement Lawyers a Must When Cleaning up Your Criminal Record

Posted on August 19, 2008
As one of the Wallin & Klarich expungement attorneys in San Diego, I am frequently in the San Diego courthouses. I am very familiar with all of the courthouses in San Diego: Downtown, El Cajon, Vista, and Chula Vista. Because I spend so much time in court, with the judges, District Attorneys, and City Attorneys, I also have the opportunity to see other people?s cases in court...

Ventura Drug Possession Charges Fail to Land Hells Angels Biker in Jail

Posted on August 18, 2008
According to a recent press release, former Hells Angels leader George Christie Jr. pleaded guilty in Superior Court this week to misdemeanor being under the influence of a controlled substance and felony drug possession in Ventura, but will do no jail time...

Orange County Jail Guards' Assault Prompts Inmate Lawsuit

Posted on August 15, 2008
Orange County jail inmate sues for brutality by Orange County jail guards. An inmate at the Orange County jail has filed a lawsuit alleging that he was kicked, punched and otherwise assaulted by police officers from the Orange County Sheriff's department while he was in custody...

All Criminal Defendants, Including Illegal Aliens, Deserve Fair Treatment

Posted on August 14, 2008
Judges must treat all persons who come before them with respect and cannot treat aliens accused of crimes more harshly than others A recent article reported that a judge was censured for his unfair treatment of illegal aliens who came before him. It is a fundamental right of all persons who are accused of a crime to be treated fairly, regardless of their race, religion or immigration status...

Drug Charges And Failure To Appear Could Land Rapper DMX In Jail

Posted on August 13, 2008
DMX will need to hire a very good criminal defense attorney if he wants to stay out of jail as a bench warrant is likely going to be issued for his arrest. Rapper DMX was to appear in court for drug crimes on August 12, 2008 and it was reported that he failed to appear...

Right to Speak at Sentencing for California Criminal Defendants Struck Down

Posted on August 13, 2008
As amazing as it may sound the California Supreme Court ruled on July 24, 2008 that a defendant has no constitutional right to address the court at his sentencing hearing to ask for leniency. The highest court in California ruled the only thing the defendant can state at his California criminal defense sentencing hearing is whether or not the defendant feels his sentence is ?illegal?...

Appeals Court Rules on Community Funds Spent on Retirement Credits

Posted on August 12, 2008
The California criminal appeals court, the Sixth District Court of Appeals, just ruled that if community funds are used to repurchase retirement service credits then the community has an interest in those service credits and not merely a right of reimbursement...

Cerritos Criminal and DUI Defense Lawyers

Posted on August 11, 2008
Cerritos, California is part of the Los Angeles-Long Beach-Santa Ana metropolitan area and is considered one of the ?Gateway Cities? of the southeast portion of Los Angeles County. Cerritos is unlike many cities in the United States in that it is chartered; that is, residents choose its form of government and not State or Federal law...

Check Disciplinary History Before Retaining a Criminal Defense Attorney

Posted on August 08, 2008
Anyone who is seeking legal representation for their California criminal defense matters wants to have a very qualified lawyer fighting for them. One way the State Bar of California is trying to help consumers in making an informed decision is their recent decision to post ?online? all prior attorney disciplinary history on the State Bar of California website...

Consult a Criminal Defense Lawyer Before Accepting Police Informant "Deal"

Posted on August 07, 2008
A recent death of a young female college student makes clear that agreeing to work with the police in exchange for some possible leniency in your criminal case can have deadly consequences. A young woman in her 2nd year of college was found in possession of marijuana...

California Appeals Court Reverses Death Sentence

Posted on August 06, 2008
For the second time last month, the Ninth Circuit Court of Appeals overturned a death sentence, citing inadequate assistance of counsel. 2008 DJDAR 9426. In March of 1986, appellant Henry Earl Duncan was convicted of robbery and first-degree murder...

Burglary Charges Dismissed on Unlawful Patrol in Dormitory

Posted on August 05, 2008
A recent Court of Appeals decision held that dormitory hallways have the same privacy protection as inside a home. The case regarded an incident on a college campus in which campus police were investigating a dormitory burglary that occurred in February of 2006...

California Appeals Attorneys Reverse Firearm Conviction

Posted on August 04, 2008
An accused parked his car a short distance from his home and walked toward his front door. A police officer stopped him and told him that he had failed to signal before changing lanes. The accused became upset and threatened the officer. The accused was on parole...

Vandals May Need a San Diego Criminal Defense Lawyer

Posted on August 01, 2008
If you watch the news in San Diego, you may have heard how some local community residents have banded together to clean up all the graffiti in a San Diego neighborhood. Graffiti reduces property value and makes the neighborhood look trashy. These individuals are also taking pictures of all the graffiti in the neighborhood and will paint over everything they see...

Restaurant Patron Charged With Felony and Jailed Over Complaint

Posted on July 31, 2008
In was recently reported that a man complained that his server had poured coffee on his suit jacket and the jacket was part of a $1,500 suit and he demanded that the restaurant reimburse him $1,500. When the restaurant manager contacted the store where he had purchased the suit they were told that the man had made the same claim two weeks earlier at another restaurant...

Your California Criminal Defense Attorney and Alternative Sentencing

Posted on July 30, 2008
Some of the clients that retain our law firm have in fact committed the crimes for which they are accused. These clients hire our services because they know that our Los Angeles criminal defense law firm has over thirty years of experience in knowing how to get the best possible result in their case, even when both our clients and our law firm realize that they have committed a criminal offense...

San Diego Jails

Posted on July 23, 2008
Afraid of going to jail in San Diego? These are alternatives. Many misdemeanor cases are settled for community service. Picking up papers and raking leaves in a Probation Department program may be a choice. Did you know that ?jail? doesn?t always mean bars and an orange jumpsuit? Competent, San Diego lawyers know about work furlough...

Divorces Through Default

Posted on July 22, 2008
Are you currently separated from your husband or wife and want to file for divorce in California, but your spouse is not cooperating? If this is the case, you are not alone! Several times when spouses separate, one spouse could ?care less? if they are ever officially divorced...

Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 3)

Posted on July 21, 2008
Part III - Governor's Pardon In the event that you are registering as a sex offender in California, and your offense does not come within the Hofsheier decision, and a certificate of rehabilitation will not be enough to get you off of the registration rolls, there is still hope for you yet in the form of a governor's pardon...

Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 2)

Posted on July 18, 2008
Part II - Certificate of Rehabilitation Did you know that, if you are registering as a sex offender in California pursuant to Penal Code section 290, that you might be able to go back to court and get a judge to relieve you of your obligation to register without having to seek and obtain a full pardon from the governor? Our office has found that many judges, district attorneys, and other defense attorneys are not familiar with this loophole in California's sex offender registration statute...

Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 1)

Posted on July 17, 2008
Part I - People v. Hofsheier If you or a loved one is subject to California's mandatory sex offender registration law (Penal Code section 290, also known as "Megan's Law") because of a sex crime conviction in California, we may be able to help you get your name off the registration rolls...

Man Freed From Prison After Faulty Conviction - Real Perpetrators Will Not Face Justice

Posted on July 16, 2008
If you want to know just how shaky and unreliable eyewitness identifications can be, just ask Patrick Waller, who was recently ordered released from prison by a judge in Dallas, Texas after DNA testing showed that police and prosecutors had locked up the wrong man...

Conviction Reversed When Trial Court Fails to Properly Explain The Elements of The Crime of Assault to The Jury

Posted on July 15, 2008
The case in issue is People v. Miller, a recent case from the California Court of Appeal, Second Appellate District. In Miller, the Defendant was charged with assault with a deadly weapon among other felonies charges. Facts On February 2, 2006, Glenn Fong was making a left turn onto First Street from Alamitos Avenue in Long Beach...

Federal Sentencing Guidelines no Longer Dictate What a Federal Judge Can do at Sentencing in a Federal Criminal Case

Posted on July 14, 2008
The United States Supreme Court in Gall vs. United States held that the federal sentencing "guidelines" are no longer binding on what sentence a federal judge decides to hand down in any particular case. The US Supreme Court recently held that the federal judge now has broad discretion to sentence a criminal defendant to a higher or lower sentence than the guidelines provide...

California Prison Inmates to Get Early Release Under New Program

Posted on July 11, 2008
As we all have heard, California state prisons are far too overcrowded. As a result, many times, convicted criminals get released early. Well, a new plan calls for some prisoners to do their time at a ?community-based? rehabilitation program instead of getting released early! This includes home confinement, electronic monitoring, or doing time a county jail...

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