Southern California Defense Blog

A recent article in the Los Angeles Times discusses a clinic at Stanford Law School that focuses entirely on convicts who are serving extended sentences because of California’s Three Strikes Law. The students at this law clinic are devoting their time and effort to reversing what they view as miscarriages of justice under the California Law.

Since September, the Stanford Criminal Defense Clinic, has persuaded judges to lessen the sentences of four prisoners, three of which have been released so far, having already served their reduced prison terms, which ranged from six to 10 years.

Other innocence projects have existed in the past. They offer opportunities for those individuals who claim to be innocent of the crimes they are convicted of an opportunity to have an appeal heard in court. Rather than defending those who claim to be innocent, the Stanford students are advocating for prisoners guilty of what they view as relatively minor offenses and raising the question of how much prison time is too much.

While the work that organizations like the Stanford Criminal Defense Clinic offers three-strike offenders an opportunity to get out of jail, it certainly is the hard way to go about getting a court of law to lessen your sentence.

Continue reading "Law Students Help Free Three-Strike Offenders" »

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Posted In: Criminal Defense , Law & Information , Three Strike Crime

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With an estimated population of 311,575 in 2008, Riverside, California is the largest city in the Inland Empire region of California, and the 12th largest city statewide. The United States Census Bureau reports that Riverside has a total area of 98.4 square miles, with a population density of 3,267.2 people per square mile. The University of California at Riverside and the Riverside Unified School District employ the largest number of people in the city. Similar to many large cities, Riverside experiences its share of burglary and theft crimes in which those accused deserve a fair trial and legal counsel from an experienced Riverside criminal defense lawyer.

The cost of living in Riverside, California is low in comparison to the rest of Southern California. Crime rates, particularly those involving car-theft, are well above the national average. The presence of street gangs with large membership numbers exasperates the crime problem, and creates confusion among residents as to who is and isn’t a gang member. At Wallin & Klarich, we understand that innocent people can often be blamed for wrongdoing, which creates a definite need for skilled theft attorneys in Riverside.

At Wallin & Klarich, our knowledgeable attorneys are quite familiar with wrongful accusation, and have the experience to help clear your name. If you or a loved one has been accused of a theft or burglary crime in Riverside, please don’t hesitate to contact the criminal defense lawyers at Wallin & Klarich. Restoring your good name is our number one priority, and finding you innocent of criminal charges is the first step in doing so. Call us today for a consultation of your case at 888-280-6839 or visit www.wklaw.com for more information.

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Posted In: Burglary , Criminal Defense , Theft , Theft & Shoplifting

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The website thecalifornian.com reported in a story on May 29, 2009 that Phil Spector, 69, has been sentenced to 19 years to life for the murder of actress Lana Clarkson, 40, nearly six years after he shot her. Clarkson was found shot through the mouth in the famous music producer’s mansion in Alhambra. Spector displayed no emotion as Superior Court Judge Larry Paul Fidler laid out his sentence of 15 years to life for second degree murder in California, and an additional four years for personal use of a gun.

Before Judge Fidler’s sentencing, Clarkson’s mother, Donna, made a short statement, recounting her daughter’s exceptional traits, sense of humor, intellect, and commitment to her craft of acting.

She said, “I’m very proud of Lana, proud to be her mother. No one should suffer the loss of a child.”

These kinds of cases can be extremely tough for both sides of the family. Homicide charges carry the most severe jail time in California and can also include heavy fines. In fact, recent U.S. laws have been passed that will increase the mandatory minimum sentences that will apply to people who are convicted of committing certain violent crimes. If you have been arrested for carrying out a violent crime in Los Angeles, you may be looking at a prison term of 25 years to life. Using a firearm to commit murder or any other felony can increase the sentence by 3 to 10 years.

Continue reading "19 Years to Life for “Wall of Sound” Producer: He Will Need an Experienced Criminal Defense and Appellate Attorney" »

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Posted In: Criminal Appeals , Criminal Defense , Violent Crimes

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The website seattlepi.com reported in an article on May 28, 2009 that prosecutors will be calling Rihanna, 21, as one of the witnesses at a preliminary hearing against R & B singer Chris Brown, 19, who faces assault charges. Rihanna’s lawyer, Daonald Etra, told new reporters that prosecutors have informed him that Rihanna, whose real name is Robyn Rihanna Fenty, will be receiving a subpoena to testify in June. The preliminary hearing will center on whether there is enough evidence to go on with the case against Brown. Etra stated that Rihanna will obey the order and would be the first time she appears in court. Rihanna will be subject to cross-examination by Brown’s lawyer, Mark Geragos. Police investigators and other potential witnesses have not been named but will likely be included.

Brown faces criminal assault and criminal threat charges for allegedly hitting and choking Rihanna in February. The couple was planned to appear at the Grammy’s just hours before the incident.

If you or a loved one is being charged with a violent assault charge in Los Angeles you will need an experienced lawyer who knows the law and will be aggressive in court defending your freedom.

Continue reading "Chris Brown to Face Rihanna In Court: He’ll Be Sure to Have an Experienced Criminal Defense Attorney" »

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Posted In: Assault & Battery , Criminal Defense , Domestic Violence

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Anaheim, California, with its 348,467 residents, is the tenth largest city in California (based on population). Located in Orange County, Anaheim is 50.5 square miles in size, and is a popular Southern California tourist destination. Anaheim is well known for Disneyland, Disney’s California Adventure, and the Anaheim Convention Center. With flocks of families visiting the theme parks and numerous businesses making use of the convention center on a yearly basis, Anaheim is no stranger to burglary and theft in which those accused of such crimes deserve a fair trial and quality representation from a skilled Anaheim theft defense attorney.

Based on its size, Anaheim one of the safest cities in the United States, with crime rates well below national averages across the board. In general, crime rate numbers in Anaheim are about 50% those of national crime rates. In 2003, 1,971 burglaries in Anaheim were reported, as well as 8,475 total instances of theft. These statistics, regardless of the fact that they are below the national average, indicate that Anaheim is in need of skilled burglary defense attorneys to ensure that constitutional rights are withheld.

At Wallin & Klarich, our experienced lawyers understand that criminal accusations are difficult to face alone. If you or someone you love has been accused of theft or burglary, please don’t hesitate to contact our law offices at 888-280-6839 for an evaluation of your case. Our knowledgeable attorneys are here to help you with all aspects of your case, and are prepared to help return a sense of balance to your life. Call us today.

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Posted In: Burglary , Criminal Defense , Theft , Theft & Shoplifting

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Federal Court of Appeals Reverses Child Molest Conviction when Criminal Defense Attorney Precluded from Asking Alleged Victim about Prior Statements about Sexual Matters

On June 16, 2009 the 9th Circuit Federal Court of Appeals issued a critical ruling that anyone who is facing child molestation charges must be familiar with whether they are able to properly defend themselves from these serious charges.

The court in Holley vs. Yarborough ruled that the accused’s criminal defense attorney should have been allowed to question the alleged victim as to statements that the alleged victim had made to other people in regard to “sexual matter” and accusing other people of making sexual advances toward her.

The defense attorney argued that this evidence could indicate that the alleged victim had a tendency to fabricate sexual abuse allegations. In addition, the accused’s lawyer argued that this information could explain to the jury that the alleged victim had knowledge about sexual matters from sources other than her alleged conduct with the defendant.

However, the trial judge denied his request. The defendant was found guilty and sentenced to prison. The defendant appealed to the California Court of Appeals and his appeal was rejected. He then attempted to have the California Supreme Court reverse his conviction. They declined. This meant the accused had to turn to the federal courts for possible relief. This was a very wise decision. The federal court of appeals agreed with his legal position and has reversed his conviction entitling him to a new trial. At the new trial he will be able to introduce this critical evidence which likely will result in a different jury verdict.

Continue reading "Sex Crime Conviction Reversed in Federal Court of Appeals" »

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Posted In: Criminal Appeals , Criminal Defense , Sex Offenses

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The website seattlepi.com reported on May 28, 2009 that police found a man stabbed to death in the 7400 block of Rainier Avenue South, and according to police they suspect that his roommate is the murderer. Police held a news conference to announce that they are searching for Valente Alvarez-Guerrero, 40 for his alleged role in the stabbing death of his roommate whose name was not released. Alvarez-Guerrero was described by police as a Hispanic male, 5 foot 3, weighing 160 pounds with brown eyes and black and gray hair. Witnesses stated that he fled in a gray Mitsubishi pickup truck with the license plate B2875H and is considered armed and dangerous.

Police were called to respond to a domestic violence call at approximately 11:52 p.m. Police reports indicate that Alvarez-Guerrero and his roommate were involved in a physical fight after a dispute about the victim bringing a lady friend home. The report also suggested that the victim’s repeated female visitors had become a big problem between the roommates. The two had known each other for nearly 9 years, but had just moved in together two months ago.

The victim stated to police that when the women left he went to bed. Then Alvarez-Guerrero stormed into the victim’s room, throwing his television to the floor and attacking the victim while he lay in bed, hitting him in the face three times. The victim was able to escape and call 911. Police took action and arrested the suspect and took him to the South Precinct. Police suspect that Alvarez-Guerrero went back home after been released at about 3:00 a.m. and stabbed his roommate, who police said was in his mid 30’s.

Nick Metz, Assistant Police Chief, said, “We do have some questions as to why he was released.”

An arrest and booking is required by state law in all domestic-violence cases, whether there is a romantic relationship or not.

In the State of California, all violent crimes are severely punished. In fact, recent U.S. laws have been passed that will increase the mandatory minimum sentences that will apply to people who are convicted of committing certain violent crimes. If you have been arrested for carrying out a violent crime in Los Angeles, you may be looking at a prison term of 25 years to life.

If you or a loved one have been charged with violent crime charge the lawyers at Wallin & Klarich can help you. Wallin & Klarich have been representing clients who have found themselves accused of assault, battery and assault with a deadly weapon charges cases throughout Southern California for almost thirty years. They know how to win these cases. These are life changing charges do not hesitate to contact Wallin & Klarich. Please call 1-88-749-0034 for a free consultation.

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Posted In: Violent Crimes

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Felony Conviction Reversed when Prosecutors Fail to Turn Over Evidence to Defense: Why You Need an Experienced Criminal Appeals Lawyer to Win Your Case

The Federal Court of Appeals has reversed the conviction of a defendant who had been found guilty of being a felon in possession of a firearm due to prosecutorial misconduct. The defendant had been sentenced to prison and now will be given a new trial where he can attempt to prove his innocence. This happened because the defendant was wise enough to appeal his conviction.

The key witness for the prosecution was a person who had a serious criminal background. The defense attorney representing the accused made a motion to receive all information pertaining to the prior criminal record of the witnesses for the prosecution. Many of the prior arrests and convictions were not turned over the defense prior to trial. The defendant was found guilty.

After trial it was determined that in fact the star witness for the prosecution had a serious criminal record. The defendant made a motion for new trial. The prosecutor claimed that he could not recall what information he had. However, it was clear that law enforcement knew all about the witness’s prior criminal record.

The trial judge denied the motion for new trial. However, the accused was wise enough to appeal that denial.

The federal court of appeals held that the conviction must be reversed. The court stated that the defendant is entitled to any relevant evidence that might be favorable to the accused whether it be in the possession of the prosecutor or any investigating police officers that are working on the case. The prosecutor could not claim “ignorance” and when a discovery motion is made, he must make certain he speaks to the police officers working on the case to determine what information exists that law enforcement may have that might be helpful to the accused.

Continue reading "Appealing a Felony Conviction in California" »

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Posted In: Criminal Appeals , Criminal Defense , Felony Offenses , Fire Arms & Weapons , Law & Information

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Prosecution Has the Burden to Prove the Consent Given to Search Was Free, Voluntary and Unequivocal – What a Criminal Defense Attorney Can Do for You

The People have the burden of proof upon them to demonstrate affirmatively by a preponderance of the evidence that the consent to a search was free, voluntary and unequivocal. People v. James (1977) 19 Cal.3d 99, 137 Cal.Rptr. 447.

Consent can be given to a search, but the consent must be unequivocal, specific, and freely and intelligently given. Parrish v. Civil Service Commission (1967) 66 Cal.2d 260, 57 Cal.Rptr. 623. Consent must be voluntary and not in response to any express or implied assertion of authority. Thus, if a defendant was detained without an objective, articulable basis for the detention, the detention was a violation of the defendant's Fourth Amendment rights and his consent to a search would not be voluntary.

Understanding and applying your Fourth Amendment against unreasonable searches and seizures may mean the difference between jail and freedom. This is why if you or a loved one is being accused of a crime it is incredibly important to choose the right attorney and the best law firm to represent you.

Wallin & Klarich criminal defense attorneys in California have over 30 years experience helping their clients stay out of jail. You can speak to one of our attorneys by calling now at 1-888-280-6839, or visit us on the web at www.wklaw.com for more information about setting up an appointment.

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Posted In: Criminal Defense , Law & Information

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The Court Has Authority to Modify Probation at Any Time During the Probationary Term –Success Requires the Knowledge and Skill of an Experienced Criminal Defense Attorney

Penal Code section 1203.3 provides in pertinent part as follows: (a) “The court shall have authority at anytime during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be served thereby, and when good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.”

The trial court is therefore authorized, during the time of probation upon proper showing, to modify probation. People v. Marin (1957, 4th Dist.) 147 Cal.App.2d 625, 627. 605 P.2d.659.

If you or a loved one is interested in having probation modified or terminated, contact a skilled California criminal defense lawyer from Wallin & Klarich for a free consultation and case evaluation. Wallin & Klarich has over 30 years helping clients in all aspects of criminal defense including probation modification and termination.

You can speak to one of our attorneys by calling now at 1-888-280-6839, or visit us on the web at www.wklaw.com for more information about setting up an appointment.

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Posted In: Criminal Defense , Law & Information , Probation , Probation and Parole

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Will You Know When Your Fourth Amendment Rights Have Been Violated by the Police? – You Need to Have a Business Card for a Wallin & Klarich Criminal Defense Attorney on You at All Times!

Limited intrusions into personal privacy must comport with state and federal constitutional prohibitions against unreasonable searches and seizures. People v. Bower (1979) 24 Cal.3d 638, 156 Cal.Rptr. 856. A detention may be deemed unlawful and a violation of Fourth Amendment rights where there is an absence of articulable facts supporting a reasonable suspicion that the individual in question has committed a criminal offense.

In order to justify a detention by police “the circumstances known or apparent to the officer must include specific and articulable facts causing him to suspect that (1) some activity related to crime has taken place, or is occurring or is about to occur, and (2) the person he intends to stop or detain is involved in that activity. United States v. Hensley (1985) 469 U.S. 221, 105 S.Ct. 675.

When you or a loved one is facing a criminal charge, you need an aggressive California criminal defense lawyer who understands state and federal constitutional prohibitions against unreasonable searches and seizures. Choosing the correct attorney can make all the difference in your criminal case.

Wallin & Klarich criminal defense attorneys know what it takes to defend you in a criminal case. Such knowledge and experience could mean the difference between staying in jail and having your freedom. Call now to speak to a skilled San Bernardino criminal defense attorney at Wallin & Klarich. You can reach our office 24-hours a day, 7 days a week at 1-888-280-6839, or visit us online at www.wklaw.com for more information.

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Posted In: Criminal Defense , Law & Information

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Santa Ana, California is the most populous city in Orange County, with an estimated population of 339,555 as of 2007. If current estimates hold true, Santa Ana’s population will have grown to 355,662 by 2009. Santa Ana, according to the 2000 United States Census, is one of the most densely populated cities in the United States (of cities that have more than 300,000 people), with 12,471.5 people per square mile, ranking behind only New York City, San Francisco, and Chicago. With such a dense population, alleged crimes of theft and burglary are known to be prominent, and with the help of skilled Santa Ana theft defense lawyers, those accused can receive a fair trial and the legal representation and counsel they need.

Santa Ana is the corporate headquarters for companies such as First American Corporation and Behr Paint, and houses the regional headquarters for Xerox and T-Mobile. Though commercial growth has slowed in years past, with the nearby city of Irvine outpacing Santa Ana, new growth continues to contribute to Santa Ana’s economy and financial well-being.

Boosting a projected population growth of about 5% over the last two years, from 2007-2009, Santa Ana is home to numerous people. However, an increase in population growth often translates to an increase in crime rate. Though Santa Ana’s crime rates are below the national average in most instances (arson and vehicle theft are two of the few exceptions), overall Santa Ana theft and burglary crimes are a problem nevertheless. In 2006, Santa Ana, CA reported 8,630 property crimes, a clear indication that the area is in need of a skilled theft and burglary lawyer who can defend those who are unrightfully accused.

At Wallin & Klarich, our dedicated lawyers have years of experience handling both theft and burglary cases. Our skilled Santa Ana burglary defense attorneys will examine every aspect of your case, and will help prove you innocent of wrongdoing. Please call us today for a case evaluation or visit www.wklaw.com and we will see to it that your rights are upheld every step of the way.

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Posted In: Burglary , Criminal Defense , Theft , Theft & Shoplifting

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