Southern California Defense Blog

State laws across the nation are being passed to allow persons who have been convicted of crimes to challenge their convictions by the use of new DNA testing procedures. It has been reported that over 200 persons convicted of crimes have had their convictions reversed due to the use of DNA evidence.

Due to the many wrongful convictions that have occurred, the California legislature recently passed a law that now requires informant testimony to be corroborated before it can be heard by a jury. Over the years many people have argued that informant testimony is unreliable and now in California the lawmakers agree. Another bill that is pending in California would require that all interrogations of persons suspected of crimes be electronically recorded before they
can be admissible in court. That bill is now pending before the governor. If this law is passed it would be a major step toward evening the playing field. In the past, police officers would use “strong arm” techniques in an attempt to obtain confessions by suspects. Often police reports would state that confessions were obtained when the accused vehemently would deny that they did not confess to any crime. This new law would protect defendants’ rights and the real evidence would be the tape recording itself.

Many experts believe there are thousands of people currently in prison who have been wrongfully convicted of offenses. The use of DNA evidence is now available in many cases in an attempt to assist those persons. If you would like to discuss how the use of DNA evidence may assist you in your California Criminal Case feel free to contact Wallin and Klarich at 888.280.6839. We will be there when you call.

Many times a police officer will tell you that it is in your best interest to speak to them about the facts of your case. They will often tell you things will “go easier” for you if you talk to them. They might tell you that they can put in a good word with the DA if you talk to them. They even might suggest that if you talk to them you will get no jail time. PLEASE DO NOT BELIEVE A POLICE OFFICER WHEN HE TELLS YOU THESE THINGS.

It is almost always a VERY BAD IDEA to speak to law enforcement about your case. If you are smart enough to tell the police officer you want to speak to a lawyer before deciding to speak to law enforcement, you may be making it much easier to win your case. If you speak to a police officer they will write a report. Often they will write that you made “admissions” or confessions and that can lead to you being found guilty and going to jail.

The prosecution must prove you’re guilty beyond a reasonable doubt. Often the very best evidence against a person accused of a crime is HIS OWN WORDS. Do not give the DA this powerful evidence against you. You should always consult with an experienced California criminal defense law firm before deciding whether you should speak to law enforcement.

Wallin and Klarich has been fighting for our clients for almost thirty years. If you will contact our law firm when you first are advised you are under investigation for a criminal offense we can contact law enforcement on your behalf and tell them not to speak to you.
Be smart. Protect your rights. Speak to Wallin and Klarich prior to ever speaking to a police officer, whether that is over the phone or in person. Call us at 888.280.6839 to discuss your case with a Wallin and Klarich Southern Calfiornia criminal defense attorney.

San Bernardino prosecutors are considering filing charges of illegal human experimentation against a defense attorney and his hired consultant. The hired consultant videotaped the client being shocked with a stun gun to show the effects of an alleged police assault on the client. The attorney said he conducted the test because the taser manufacturer would not provide information detailing injuries that result from being tasered.

The videotape was shown during a hearing in San Bernardino County Superior Court and showed the consultant tasering the client several times as well as the consultant tasering the attorney and the attorney’s partner. During the hearing, the consultant acknowledged he failed to have the client sign a waiver regarding the risks.

Continue reading "Don’t Get Zapped By Trial Preparation" »

If you are currently registering as a sex offender in the state of California, there is hope that it will not be for life. California Penal Code Section 290 mandates certain criminal offenders be required to register as a sex offender for life. While that is true, there are legal solutions available that can stop the registration.

Wallin and Klarich have helped many people fight the registration requirement often due to the length of time from the conviction. Recent legislation has required certain sex offenders to be posted on the Internet for all to see. This can ruin one’s reputation as well as destroy a family. Our firm has been successful in preventing disclosure on the Internet as well stop 290 registration completely. The legal vehicle used is either a Certificate of Rehabilitation or seeking a Governor’s Pardon. In certain cases, a Certificate of Rehabilitation (4852.01 of the California Penal Code) will stop registration as a sex offender. Under all situations, a Governor’s Pardon will stop registration as a sex offender.

Continue reading "STOP REGISTERING AS A SEX OFFENDER!" »

The Public Defender’s Office in San Diego County recently distributed to its staff attorneys a memo where it sets a high goal in regards to how they represent people accused of misdemeanor crimes: to have 73% of them plead guilty at the very first court appearance. What’s more, the statistics provided in the memo show that they are achieving their goal! (I know this because I personally read the memo.) This means that in 73% of cases, the public defender is to advise their clients to plead guilty at the very first court appearance, without conducting investigation, without speaking with witnesses, without having any evidence other than what’s been included in the police reports, and after only have spoken with the defendant for about 5 minutes. Is this to say that Deputy Public Defenders are bad attorneys? Not in the slightest; it merely shows how busy they are.

Compare this with the work conducted by a Wallin & Klarich attorney: providing the client with a one hour consultation, conducting thorough investigation, retrieving all pertinent evidence (good and bad), getting statements from witnesses when applicable, scouring the facts for the legal theories that could be grounds for a dismissal of all charges, and making as many appearances in court as necessary and possible to get the desired result.

Continue reading "Public Defender vs. Private Attorney" »

There are many reasons why you should hire a lawyer that is familiar with the court and judges where your case is pending. One of the most important reasons for hiring a lawyer experienced with the judge assigned to your case is that if you and your lawyer act quickly, you can have a judge disqualified from your case without having to show any reason.

What this means is that if your lawyer knows that the judge assigned to your case is very tough on defendants accused of the crime you are facing, he can file what is called an “affidavit of prejudice” under Code of Civil Procedure 170.6 and the judge will have to disqualify himself. The judge has no choice. Your lawyer does not have to show specific prejudice. This means our lawyer doesn’t have to explain why he feels the judge is prejudiced against you or the lawyer.

Continue reading "IF YOUR LAWYER KNOWS WHAT HE IS DOING, YOU CAN REMOVE A JUDGE FROM YOUR CASE " »

The California Court of Appeal recently reversed a plea agreement because there was not an adequate factual basis for the defendant’s plea. The issue in The People v. Bobby Lee Willard was whether a general stipulation, without reference to a document in the record which contains factual allegations, satisfies the proper procedure when a negotiated plea is taken.

When a negotiated plea is taken and the trial court asks defense counsel about the factual basis, the court should request that counsel stipulate to a particular document that provides an adequate factual basis.

Continue reading "There must be an adequate factual basis in the record to accept a plea" »

Anyone who has watched TV shows like “Law and Order” has probably heard of the term ‘entrapment’ but might not understand what it really means.

Entrapment as a defense is commonly used in situations where someone has been arrested in a sting or vice operation. The standard that must be met for this defense to be successful is very high as it must be shown that the police induced an otherwise unwilling person to commit a crime. Entrapment is currently a big topic in the news with the recent arrest of a United States Senator.

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A recent court decision made changes in the way criminal defense lawyers may present their DUI cases in trial. Many judges have not been allowing defense lawyers to present certain evidence regarding whether or not the defendant was actually under the influence. This new court decision is telling all other judges that they must allow defense lawyers to present evidence that their clients were not driving under the influence.

What evidence are we talking about? Personal partition ratios. Now, when a defendant took a breath test, and the prosecutor uses the breath test to prove that the defendant was under the influence, the criminal defense lawyer will be able to use evidence regarding the breath test to show that the defendant was actually not under the influence at the time of driving.

Continue reading "Recent Court Decision Makes Changes in DUI Cases" »

The California Supreme Court has recently ruled that a man who had been wrongfully imprisoned for 25 days could sue the state for false imprisonment and negligence.

The man was arrested for drunk driving but immigration and parole officials thought that they had another man who had previously been deported to Mexico several years earlier.

Continue reading "Wrongfully imprisoned? You may sue the state" »

Recently, our law firm handled a case where a defendant had been convicted years ago in another state of a sex crime. He was told by the court in the other state to register in that state as a sexual offender. He left that state and moved to California. When he moved to California, he was told by authorities here to register as a sexual offender, which he dutifully did for several years – until he moved to a new address across town and failed to update his registration with the police. The authorities caught up with him and he was arrested and charged with a felony crime of failure to register as a sexual offender. When he came to our firm, he was facing up to three years in state prison for this “crime.”

When the case went to court, our firm made a motion to dismiss the case, arguing that the out of state conviction did not impose upon the client the obligation to register under California law. Our motion papers were so airtight that even the District Attorney agreed that the case should be dismissed. Not only did the District Attorney dismiss the felony charges, but the Court also informed the client that he was no longer obligated to register as a sexual offender in California. This is one of the few criminal cases where a defendant was probably, to a small extent, thankful that he had been arrested because, when his case went to court and was resolved, he was in a better position than he was in before his arrest since the court told him that he no longer has to register as a sexual offender.

Continue reading "OUT OF STATE SEX OFFENDERS AND SEX CRIME REGISTRATION IN CALIFORNIA" »

There are several timeline restrictions which law enforcement must abide by. These include the statue of limitations, Serna motions, and your constitutional right to a speedy trial. Each of these restrictions deal with a different part of the criminal process. If law enforcement fails to do their part within the necessary time frame, your case may be dismissed despite the amount of evidence against you.

The statue of Limitations deals with the time gap between the date of the incident and when charges are actually filed. Law enforcement must file charges within 1 to 3 years depending on a number of factors including whether your case has been filed as a misdemeanor or felony. There are also a number of other considerations such as whether or not new evidence has been discovered.

Continue reading "Sometimes you can beat a case even though it is old" »

A security guard who used to protect numerous celebrities, including Oprah Winfrey, was acquitted of charges that he impersonated a federal agent to gain employment from another celebrity.

The recently acquitted man was accused by federal prosecutors of telling an employer that he had previously worked for the Department of Homeland Security. The security firm that he had said this to used to represent such celebrities as Angelina Jolie and Brad Pitt.

Continue reading "Merely Misrepresenting Your Identity is not a Crime" »

One of the reasons a client facing a possible jail sentence should hire a highly experienced criminal defense firm to represent them is because we can help them make any possible jail sentence go much easier. In several areas in California, if you are approved by the court you can do your time in a private jail.

Why do clients try to do their jail time in a private jail? The answer is because it often makes the jail time much easier. In some cases, it also allows the person doing the time to leave the jail facility to maintain their employment. Due to the fact that you must be approved for this program, the jail facilities are considered safer and more flexible in terms of how the jail time is to be served.

Continue reading "IF YOU HAVE TO DO JAIL TIME DO IT IN STYLE AT A PRIVATE JAIL" »

A juvenile offender was placed out of home under the delinquency laws in a private therapeutic program in lieu of any juvenile hall time. The court then delegated visitation authority to the private program. Meaning that parents of the juvenile were limited to the program’s visitation schedule. The program also restricted the number of visits the parents had with the child.

The parents challenged the court’s ruling and prevailed. The Appellate Court held that the trial court cannot delegate its judicial power over visitation by practically delegating all decisions regarding the family visits to the private program placement. So if your juvenile offender is in a program and your visitation rights are limited, contact an attorney at the law offices of Wallin & Klarich to get you more visitation.

It is commonly understood by parties to a family law case, such as a divorce, that there are times when you can ask the judge to order the opposing party to pay for your own legal fees. Legal fees will typically include attorney fees and paralegal or legal assistant fees. But watch out, not all paralegals are created equally. Better said, not all people who claim to be paralegals are actually paralegals.

California Business and Professions Code 6450 et. seq. defines paralegal and legal assistant. For our purposes, “paralegal” and “legal assistant” are the same thing. The thing is, not just anyone can be a paralegal. A paralegal is a person who has obtained the necessary legal training and schooling and earned a certification specifically as a paralegal. Besides a few exceptions, no other person may use the title paralegal.

Continue reading "Don’t Let the Judge Make You Pay for “Legal Assistant” Fees In Error" »

In 2000 a man who spent 12 years in state prison was released after DNA evidence exonerated him. The man was wrongfully convicted of a rape and robbery after a Sheriff’s detective in Riverside County fabricated a statement from a witness that placed the man near the scene of the crime. Several years after the man was convicted, a private investigator tracked down the witness who signed a sworn statement that he had no idea who the man was and that he never saw him near the crime.

The detective who falsified that statement is now an analyst with the FBI. Attorneys for the wrongfully convicted man are calling for the FBI analyst to be fired, saying that “It is inconceivable that our nation’s homeland security relies on the intelligence analysis of a man found in a court of law to be a liar and an evidence fabricator.”

Continue reading "Wrongfully convicted wants FBI analyst fired" »