Southern California Defense Blog

The California Court of Appeal recently ruled in People v. Vincent Tu, that a prior juvenile adjudication could be used to enhance an adult offender’s sentence.

Tu plead guilty to, among other things, voluntary manslaughter. On the manslaughter charge, the court sentenced Tu to an upper 11 year term. In sentencing Tu, the trial court relied on several factors in support of the upper term including the fact that “. . . appellant had prior sustained petitions in juvenile court.” Tu appealed, asserting that the trial court improperly imposed upper terms and consecutive sentences based on facts not found by the jury.

Continue reading "A Prior Juvenile Conviction Could Lead to More Jail Time" »

There is no doubt that California laws are complicated. Anyone who has ever tried to read a “code section” or “statute” knows that the paragraphs are meticulously labeled – supposedly to make them easier to read – and in fact without the designation of paragraphs and subparagraphs it might be impossible to understand most laws.

A good example of just how complex and detailed they are is California Penal Code Section 290, affectionately entitled “Registration of sex offenders”.

This law begins “(a)(1)(A) Every person described in paragraph (2), for the rest of his or her life while residing in California, or while attending school or working in California, as described in subparagraph (G), shall be required to resister with the chief of police in the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California , the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides.”

Continue reading "SEX OFFENDER REGISTRATION – WHAT A MESS!" »

In at least 28 cities in California law enforcement can seize and sell your car if they believe that it was being used to sell drugs or to engage in prostitution. These laws have led to a high number of people losing their valuable property. The cities claimed in a recent court of appeals case that they need to have this additional tool (to seize and sell the vehicle) as another tool to fight crime.

However, the California Supreme Court recently ruled that cities CANNOT enforce such ordinances. The court held that state laws on the seizure of vehicles must control. This means that local city ordinances that have such laws as to seizure and sell vehicles cannot be enforced if their laws are more stringent than California state laws.

If you find yourself in a situation where your vehicle has been seized due to an arrest please be certain to contact a qualified criminal defense law firm. At Wallin and Klarich we have almost thirty years of experience assisting clients in these situations. Feel free to contact us for a free case evaluation.

Kathleen Culhane, a death-penalty investigator, was sentenced to five years in prison for falsifying documents which lead to delays in several executions she investigated.

Ms. Culhane admitted to falsifying the statements of former jurors, witnesses, and even a police officer in four death-penalty cases. Although Ms. Culhane says she is not sorry for what she did, her actions have undermined the legal process and hurt those jurors and witnesses whose statements she fabricated.

Continue reading "Death Penalty Investigator Sentenced to Five Years" »

Monday morning, 8:30a.m. A well-dressed lady with an unintelligible accent pleads with the judge that she is not guilty of seven counts of welfare fraud. The judge has none of it; and sets bail at seventy-five thousand Dollars. “I didn’t do it. I swear I didn’t do it.” She cries as she’s taken into custody.

It doesn’t have to be this way. A client of mine was recently accused of 5 counts of forgery. He retained my office right after he was contacted by the cops. Luckily he had not given a statement to them. Wallin & Klarich and the client immediately retained the services of a handwriting expert. We forwarded all previous signature and handwriting samples to the expert and got his opinion two weeks thereafter.

Continue reading "THAT’S NOT MY SIGNATURE! SOMEONE STOLE MY IDENTITY!" »

A citizen arrested for DUI usually has the right to choose between taking a breath test or a blood test. There is, of course, a third choice: refuse to take either. The individual can do this, but there are consequences: he will face an increased jail sentence or a longer driver’s license suspension — or, in most states, both.

The problem is that some police just won’t take “no” for an answer. An increasing practice among law enforcement agencies is to simply ignore this third choice and forcefully take blood from the arrestee (although some states have banned this practice). By doing this, they can “have their cake and eat it, too”: blood is obtained for testing– and the suspect still suffers the heavier sentencing for having refused.

Continue reading "TAKING BLOOD BY FORCE:" »

Curfew laws restrict the rights of minors (under 18) to be outdoors or in public places during certain hours. Currently there is no state curfew. Such laws are typically passed and enforced by local cities and counties. Courts in California have generally upheld such laws as long as the local ordinance seeks to discourage “loitering” or “remaining” in certain places after certain hours.

Under state law, parents can be charged for the administration and transportation costs of returning a minor to his or her home on a second curfew violation. (W&IC § 625.5(d)) Also, a minor who is a frequent or habitual curfew violator may be declared a ward of the court and treated as a status offender. (W&IC §601(a)) Most curfew ordinances prohibit minors from being out past 10 p.m. on weekdays and midnight on weekends. Exceptions to such laws do exist, however, allowing minors to legally stay out late if they are:

Continue reading "Curfew laws in California" »

It is illegal for a minor under age 16 to possess a handgun unless he or she is accompanied by a parent or responsible adult. If the minor is age 16 or older, he or she may only posses a handgun or live ammunition with the written permission of a parent or guardian, and may only possess these items for legal purposes such as recreational sports. (PC § 12101) In addition, no one may sell or give a firearm, even an air gun or gas-operated gun, to a minor without parental consent. Some types of firearms and firearm-related equipment are outright illegal, with or without parental permission. Such items include sawed-off shotguns, machine guns and unmarked pistols (handguns that have their identifying numbers removed), as well as sniper scoped, silencers and plastic firearms. (PC §§12020, 12094, 12520)

Other illegal weapons (illegal to manufacture, import, possess, sell, give or even lend to someone) include any ballistic knife, fletchette dart, blackjack, sling shot, nunchaku, metal knuckles, dirk, dagger, a weapon held in a camouflaging firearm container and oriental throwing stars. Also prohibited are belt buckle knives, leaded canes, zip guns, shurikens, lipstick case knives, writing pen-knives and unconventional pistols. (PC §§12020, 12094)

Call the experienced attorneys at Wallin & Klarich if you or your child is arrested for a weapons offense.

http://www.wklaw.comOn the topic of weapons and young people, parents should be aware that:

If your child is caught possessing, selling or using a dangerous weapon at school, he or she can be suspended or expelled. This punishment is in addition to any criminal charges that might be filed against your child. (Ed.C§§ 48900(b), 48915). Many school districts have a zero tolerance policy for weapons. That means your child may be expelled. The school starts with a 5 day suspension while they get the paperwork together. Your child is entitled to a hearing where the school must present evidence to prove your child should be expelled. Your child is entitled to have a lawyer represent them. The school will not pay for or provide a lawyer. If there is a criminal case the attorney will often want to examine the witnesses at an expulsion hearing.

At Wallin & Klarich, we will handle the criminal case and the expulsion hearing.

When a defendant pleads guilty to a felony and is not sentenced to prison, he is usually placed on felony formal probation. That means he will have a probation officer and that he must comply with specific terms of probation. If the probation officer believes that he or she has violated the terms of his probation, the probation officer will ask that the felony warrant go out for the defendant’s arrest. In almost every county in California, the defendant is then arrested and held on a NO BAIL HOLD STATUS.

A “NO BAIL HOLD STATUS” means that the defendant will remain in custody for several weeks while the matter is investigated. The defendant will not be permitted to post bail while the probation violation matter is pending. In these cases it is extremely important to retain a skilled criminal defense attorney.

Continue reading "Are you facing a felony probation violation? If so, it is still possible to stay out of prison." »

If you ever wondered why you need a skilled criminal defense attorney when facing a serious criminal charge, you no longer have to wonder. About two weeks ago in Los Angeles County a lawyer was on trial for attempting to smuggle drugs into the LA County jail to give to his client.

The defendant attorney had as his defense that he had “low blood sugar” that day which made him light headed. He claimed that due to this “medical condition” he did not think to check the package that he was handed by his client’s family member before taking it into the jail with him. The lawyer stated he believed that he was bringing his client family photos.

Continue reading "Lawyer found not guilty for carrying drugs into jail while visiting his client who was accused of a drug offense" »

So you have heard about DUI’s but do no know exactly what they entail? Hopefully, this blog will serve as a quick reference guide to DUI’s. The acronym DUI stands for Driving Under the Influence. It can refer to a person driving a motor vehicle while under the influence of alcohol, drugs, or some other controlled substance. Moreover, sometimes a DUI may also be referred to as a “deuce” or a DWI, which stands for Driving While Intoxicated.

The basic code section for a DUI is found in the California Vehicle Code (CVC.) CVC 23152(a) states that it is unlawful for any person to drive a vehicle who is under the influence of any alcoholic beverage or drug. CVC 23152(b) states that it is unlawful for any person to drive a vehicle who has 0.08 percent or more, by weight, of alcohol in his or her blood. As you can see, section (a) deals with alcohol or drugs, while section (b) deal with just alcohol. When citing an individual for an alcohol related DUI, the arresting agency will almost always cite him or her for both sections (a) and (b). Thus, do not be surprised to see both CVC 23152(a) and CVC 23152(b) on your citation, if you ever get arrested for an alcohol related DUI.

Continue reading "What Exactly Is a DUI?" »

In a recent case a defendant was found guilty of making terrorist threats to his former girlfriend. Even though the former girlfriend did not come to court to testify the trial judge allowed a police officer to come to court and testify as to what the former girlfriend had told him about the threats the defendant had allegedly made to her. The defendant was found guilty after a jury trial. The trial judge sentenced the defendant to nine years in state prison.

The defendant appealed his conviction to the California courts. However, all his appeals were denied. Finally he hired an experienced criminal defense attorney and that lawyer filed a writ of habeas corpus petition in the federal court. The FEDERAL COURT OF APPEALS REVERSED THE CONVICTION and granted the writ of habeas corpus. The federal court ordered that the defendant be granted a new trial or in the alternative that the case be dismissed and the defendant be freed.

Continue reading "UNLAWFUL ADMISSION OF TESTIMONY LEADS TO REVERSAL OF CONVICTION ON APPEAL BY FEDERAL COURT EVEN THOUGH ALL OF THE CALIFORNIA COURTS TURNED DOWN THE APPEAL, FEDERAL COURT GRANTS NEW TRIAL AFTER WRIT OF HABEAS CORPUS FILED" »

So you think that famous people with money can use their fame and fortune to get out of Driving Under the Influence of alcohol and/or drugs (DUI) charges? You think that DUI’s only happen to “us regular folk”? Well, all you have to do is pick up a newspaper or your favorite celebrity gossip magazine to see that this is not the case. In fact, celebrities getting arrested on suspicion of DUI seem to be on the rise in Los Angles County.

It seems that just about every week, there is another celebrity getting arrested for a DUI. For example, Nicole Richie got arrested on suspicion of DUI not to long ago and her case is still pending. Moreover, as just about everyone knows by now, Paris Hilton was convicted of alcohol related reckless driving and was placed on probation. She violated her probation and was forced to do time behind bars. Then, there is Lindsay Lohan who was recently arrested on two separate occasions on suspicion of DUI. Both of these cases are still pending.

These examples illustrate the fact that no one is immune to DUI prosecution and that DUI’s can happen to the best of us. DUI’s can be very humiliating to all of us. The ramifications of a DUI can literally be life altering. It is good to know that the Law Offices of Wallin and Klarich have over thirty years experience in fighting and winning DUI cases. If you or a loved one happen to have some bad luck like Ms. Hilton, Ms. Lohan, or Ms. Richie, call Wallin and Klarich and have comfort knowing that you are in good hands!

Although your blood alcohol content is probably the most important factor when the District Attorney and Judge evaluate your case, a high blood alcohol content alone does not mean that you cannot still win your DUI case. In fact no one factor on its own is enough to seal your fate. There are a number of other factors to consider which many not be obvious to you or to other attorneys. These include your driving pattern at the time you were pulled over, your performance on the Field Sobriety tests, and even the time you had your last drink and/or meal. Favorable results on any one of those last factors can be enough to help you win your case regardless of Blood Alcohol Content.

At Wallin and Klarich our attorneys are well versed in DUI law. Our attorneys have significant experience arguing and using many different DUI defense including "rising blood alcohol", 1538.5 motions, Serna motions, and the "No Drive defense". Furthermore our attorneys have the time to spend on your case so that we can carefully evaluate every option available.

Even cases which are considered "un-winnable" can still be mitigated. It is very common for us to get additional charges dismissed or their sentences reduced. Before you decide to just give up on your case, give our attorneys a call, there might be a defense to your case which you or another lawyer were not aware of.

Do you have an existing order or judgment for a child support order? Does the payer want to move out of state? Do you worry that you won’t be able to collect your child support payment once they move?

The good news is that the Uniform Interstate Family Support Act was created to govern the establishment, enforcement and modification of child support between states.

If California issued the order, California law governs the nature, extent, amount, duration of current payment to be enforced under the existing order as well as computation and payment of support that is past due (arrears). Child support orders are enforceable until they are paid in full so you do no not need to worry about a statute of limitations.

Continue reading "Enforcing out of state child support obligation:" »

Wallin and Klarich has been helping people for over 30 years clean up their criminal record. In today’s day and age, it is important to keep your record as clean as possible for potential job opportunities and career advancement.

At Wallin and Klarich, we are sensitive to the needs of our clients and we help them in cleaning up their record. Depending on the individual circumstances, we may be able to reduce a felony to a misdemeanor under 17(b) of the California Penal Code, or expunge ones record under 1203.4 of the California Penal Code. In addition, we have helped our clients obtain a Certificate of Rehabilitation and sought a Governor’s Pardon. These legal vehicles help our clients obtain jobs and advance in their career goals.

Continue reading "Clean up your Record" »

People often are intimated by lawyers. When many people hire a lawyer, they are often hesitant to ask them critical questions that are on their mind about their case. This is a major mistake. If you are afraid to ask your lawyer a question that you want the answer to, it is time to change lawyers.

You can never forget that YOU ARE PAYING THE LAWYER to help you win your case. In most cases you may be facing jail time, loss of your drivers license or your employment. It is natural to be very worried about these possible outcomes. You should do your homework before hiring a lawyer who will be working to get you a positive result in your case. When you interview the lawyer you should ask a lot of questions and expect answers. Please don’t expect “guarantees” because it is against State Bar rules to make guarantees for a particular result in your case.

Continue reading "WHEN YOU ARE AFRAID TO ASK YOUR LAWYER A QUESTION, IT IS TIME TO CHANGE LAWYERS" »

Being arrested can be very traumatic experience. Wallin and Klarich has been representing individuals for over 30 years who have been arrested and charged with a crime. Here are just a few words of advice if you are in that unfortunate situation:

1) Remain silent- I have given the same advice to countless people at lectures I have given and who call me seeking my advice. I give them the six magic words. “Shut up, shut up, shut up.” There is rarely anything you can say at the time of arrest that will better your situation. Remain silent and call an attorney. Many times what you say will be used against you later on in Court and what you say is often not mentioned in the police reports or simply written down wrong by the police.

Continue reading "When you are Arrested" »