Southern California Defense Blog

The holidays mean good times, family gatherings, and company parties, but they also mean increased DUI enforcement and drunken driving incidents. The holiday season has just begun, and law enforcement agencies are strictly enforcing DUI laws to avoid drunken driving accidents, injuries and casualties.

For example the city of Santa Clarita, California has partnered with the Santa Clarita Valley Sheriff's Station in a new Anti-DUI program that aims to attack perpetrators of California DUI laws during the holidays via various mediums. Television and print advertisements will display a person getting a DUI and contrast the costs of a drink with DUI penalties. The city is also partnering in a statewide campaign aiming to reduce Californians between the ages of 21-34 from driving impaired during the holidays.

According to a preliminary report from the California Highway Patrol, 1,537 people were arrested on Thanksgiving weekend in California for driving under the influence from 6 p.m. Wednesday to 6 a.m. Saturday. Twenty percent of those California DUI arrests occurred in Los Angeles County. 38 people were killed in traffic collisions statewide this Thanksgiving weekend, a figure that is down from last year's 52 state wide deaths but up from Los Angeles County's totals during that period.

These increased efforts are motivated in part by past National Highway Traffic Safety Administration research on drunken driving related fatalities during the holidays. While enforcement programs are stepped up during the holidays, the fact remains that people tend to drink more during this time of the year. Ultimately, safety will come down to each person being responsible after drinking by selecting a designated driver, leaving his or her vehicle and catching a ride from a sober friend, taking public transportation, or hailing a cab.

It said that the overall cost to a defendant found guilty of a DUI can surpass $10,000 when you take into account court fines, DUI school fees, restitution fees, auto insurance increases, etc. In addition there are many other serious consequences related to a DUI arrest. These include the real potential for loss of your driving privilege, probation, fines, etc. Doesn’t it make sense to seek out the legal assistance of a highly experienced DUI law firm with so much at stake? Call Wallin & Klarich at 877-466-5245 so we can begin to help you now.

If you have been convicted in the past of a criminal offense, you should seek legal advice to help clean your record. At Wallin & Klarich, our expungement lawyers have been assisting many people in cleaning up their criminal record. In today’s day and age, it is important to keep your record clean. Whether it be for job opportunity or just piece of mind, it is important to make sure your “rap sheet” remains as clean as possible. Here are some tips:

1) Hire the right criminal defense attorney in the first place. Obviously, the better the attorney you have from the beginning, the greater chance you have to keep a clean record. At Wallin & Klarich, we understand how important this is and have been helping clients for 30 years in maintaining a clean record.

Continue reading "CLEANING UP YOUR RECORD" »

Yes. You should be. Being arrested while out on bail can have major implications on your pending case as well as the new case you have been arrested for. First, being arrested while you have one case pending will throw a wrench in any settlement negotiations or progress toward settlement your lawyer has built up with the Prosecutor. The Prosecutor will likely take any deal that had previously been made off the table and start over.

Second, if you are on bail for a felony matter and have been arrested for a new felony, you are in deep water. This scenario is commonly referred to as “Crime Bail Crime.” If you are on felony bail, and are arrested for a new felony, the Prosecutor can charge you with an Enhancement for a Crime Bail Crime which will add an ADDITONAL 2 years to any sentence you could receive on the new arrest.

Continue reading "I’m out on bail, and was arrested again, should I be Worried? " »

A husband and wife came into my office the other day and spilled their guts out. Neither could hold back the tears either. The wife got a little bit liquored up and insisted upon driving her kid back home. The husband intervened and his wife punched his lights out. The police arrived and found a few bruises on the wife. Next thing you know, the husband becomes a temporary guest of the county until he is bailed out by his wife after his arraignment. Meanwhile however, the husband can’t live in the same house as his wife. Why? Because the court has the power to issue a protective order against the husband. Pursuant to CPC 136.2, the court can issue a protective order if good cause exists that a victim or witness has suffered or will suffer harm, intimidation, or dissuasion. This may be alright in some battery or domestic violence cases, but not all. Meanwhile however, the child and wife are missing their husband. The wife is still living in the bottle and the child is perhaps neglected all because the cops thought that the husband went O.J. on his wife.

After an hour of sobbing, I finally relented and retained the husband. The next day, we go to court with the wife and request that the protective order be set aside. The Judge put on his stern face and seemed reluctant to grant my motion. But I argued that instead of automatically issuing the protective order, the court must inquire with the alleged victim and objectively review the facts of the case. Moreover, the victim has another alternative to reach the same objective. A person who needs protection may apply for a restraining order pursuant to CCP 527.6. Because of the fact that the wife appeared and made it clear that husband was not a threat to her, the judge removed the order. Get a California criminal defense attorney or you may be kicked out of your home by the state.

There are a number of factors to consider before deciding whether or not your case should go to trial:

1. Am I risking anything?

The first question to ask yourself is what are you risking by going to trial? Usually, if the Prosecutor makes you a good offer at Pre-trial, that same offer will not be available after you take your case to trial. This is fine if you win your trial, but if you lose your trial, the penalties will be more severe than the offers made before trial. If you have not been made an acceptable offer prior to trial, then taking your case to trial is not a serious risk for you.

Continue reading "How do I know whether or not I should take my case to trial?" »

So you got busted. The cop tells you to come clean after reading your rights. He tells you that “I’m not here to judge you” and that he doesn’t think that you’re a bad person. He says that he’s not recording you either. He also says that he doesn’t want to make this a big deal and that he’s going to cut you some slack if you agree to cooperate. Guess what? He’s just trying to gain your trust. He is going to feed you all the stuff that you want to hear. This is interrogation 101. Come on, you’ve seen the movies. You know what I’m talking about. The good cop - bad cop routine; the benevolent do good cop who is trying to help you out; and the cop who just wants answers. You know, the one who just wants the truth. He will let you loose if you cooperate. That cop is still going to throw the book at you. So what do you do? Just one thing. Exercise your right to an lawyer. Make sure it’s a good California criminal defense attorney from Wallin & Klarich.

If you are familiar with the midnight ride, you are familiar with what goes on during its course. More than 500 bicycle riders get together to ride 26 miles once every two months. Riders are encouraged to stop off at local convenient stores, purchase alcoholic beverages and consume them prior to starting their ride again.

My client was shocked when he was pulled over for driving under the influence the other day. He couldn’t believe that he was cited for a DUI while riding his bicycle. “It’s not a motorbike.” He kept on repeating to the arresting officer. Well, it doesn’t have to be. The California Jury Instructions provides the following:

Continue reading "DUI on a Bicycle?" »

Once you retain a defense lawyer, you don’t need to worry about anything because he/she is going to do everything to help you with your criminal case, right? WRONG. You need to take an active part in you own defense. After all, you were there. You know the events that transpired better than anyone else. Once you hire a criminal lawyer, schedule at least one face-to-face meeting with him/her to review the discovery (police reports, video and audio tapes, and any other evidence against you). If you adopt a nonchalant attitude towards your defense, you might as well not have hired an attorney. You should just throw in the towel and plead guilty. If you are not serious about defending your case, you are restricting your attorney’s arsenal of weapons. Review the discovery and save your case. We at the Law Offices of Wallin & Klarich encourage our clients to meet with their respective California criminal defense attorneys to review the discovery and form any and all possible defenses.

The California legislature had passed critical new laws to protect those who were accused of serious crimes. These laws were to go into effect on January 1, 2008. However our California Governor decided to veto these new laws to prevent them from going into effect. This is a very sad development for persons who find themselves accused of serious crimes.

SB 511, SB 609 and SB 756 were three new laws designed to protect those persons accused of serious crimes. The laws would have made law enforcement accountable for their actions in their investigation of alleged criminal conduct.

Continue reading "GOVERNOR SCHWARZENEGGER VETOES NEW LAWS THAT WOULD HAVE PROTECTED PEOPLE WRONGFULLY ACCUSED OF A CRIME" »

Wallin & Klarich has been representing people accused of committing sex crimes for over 30 years. In that time, we have represented countless people accused of child molestation that they never committed. False allegations are common. Usually as a result of a nasty divorce/child custody proceeding, the child will disclose molestation regarding a parent. In other situations, it can be as a result of a child that has a motive to lie about an adult- whether it be a teacher who gave the student a bad grade, or a step father who the child is resenting. In any situation, the mere allegation can be devastating and usually casts a dark cloud on the suspect regardless of guilt or innocence. The criminal defense lawyers at Wallin & Klarich have successfully defended many people accused of these types of crimes. We conduct a thorough investigation, interview witnesses, subpoena school records or psychological records of the child. In addition, our law firm will:

• Seek consultation with a psychologist. Many times, a doctor can evaluate our client and testify that our client does not fit the sexual profile of a person who would commit such a sex crime.
• Seek a medical doctor to review the prosecution’s expert opinion that there are physical findings on the child consistent with molestation. These findings can often be attacked.
• Hire an investigator to investigate the background of the child to establish that the child has a motive to lie about our client or perhaps has a reputation in the community for being untruthful.

If you are accused of committing a sex crime, make sure your California sex crime defense attorney is readily familiar with the unique dynamics of defending a sex case. Wallin & Klarich has developed a reputation of handling these types of cases. The stakes are too high for you not to seek out our law firm when charged with this type of crime.

Wallin & Klarich is a defense firm with over 30 years of experience handling Criminal Defense and Family Law cases in San Diego. We have offices located in Downtown San Diego, El Cajon, Carlsbad and Rancho Bernardo.

We will be posting blogs regarding your legal rights and changes in the law regularly, so check back frequently or subscribe to stay informed.

Wallin & Klarich

Under California Law, it is illegal for any person to have consensual sex with any person who is under the age of 18. The applicable statute in California is penal code section 261.5, or “unlawful sex with a minor”. It is important to understand that as the disparity in age between the alleged victim and the defendant increases, so does the potential punishment the defendant faces in criminal court. If the age difference is not more than three years, the crime is a misdemeanor. If the age difference is more than three years, the crime is a wobbler, which means that it could be charged as a misdemeanor or a felony.

California is one of the few states in the country that does recognize that an actual and reasonable belief by the defendant that the alleged victim was 18 or older is an affirmative defense to the crime of unlawful sex with a minor. Many states don’t recognize this defense and that is why this crime has become commonly known as “statutory rape”. However, because California does recognize this affirmative defense to this crime, it is vitally important to consult a competent sex crime defense attorney who knows how to use defenses such as this in conjunction with a number of other legal tools to get you the best result possible in your criminal case.

It should be noted that if the alleged victim is under 14, then this type of crime falls under the child molestation laws and there is no affirmative defense and the potential punishments are far more serious. In either case, you should contact a criminal defense lawyer at Wallin & Klarich to help you with your legal problem. With 30 years of experience in handling these cases and an A/V rating, you are assured to get the best possible legal advice and representation.

“I got drunk and I got real stupid.” Let me guess…then you invited the cop and his partner to a friendly game of “meet my fist” or tried to outrun the cop by playing a quick game “drunk tag”. I hear this all the time. This is usually a good combination for a court date. You’ll be charged with fighting in public, public intoxication, and resisting arrest or evading arrest. Then you go into court by yourself because you’re Perry Freaking Mason. (Don’t get me started on how bad of an idea this is). The District Attorney offers you a deal with no jail time and you think “SCORE”. You plead guilty. Way to go genius! So you saved a couple of bucks by not hiring an attorney, but you also limited both your earning potential/capacity and your career opportunities. Why you ask. Well, certain crimes could be constituted as crimes of moral turpitude. When employers perform background check, you won’t be on their list of call backs. Sorry bud, you don’t get to come in for your interview. Moreover, if you work for the government or any type of governmental (whether state or federal) entity, you may be issued a permanent leave of absence. If you’re applying for citizenship or awaiting naturalization, well….goooood luuuuuuuck. So the next time you go into court, make sure you have a California DUI defense attorney on your side to explain any and all consequences of your guilty plea.

Charged with a crime or DUI? Think you are getting all the information on your case? Think again.

The District Attorney or court will only provide a police report. There is more. A copy of the police dispatch may help you. There are calibration records for the breath or blood tests. Were instruments operating properly? There are records of repairs. Are there tape recordings or pictures? You won’t get them unless your attorney asks the right questions.

These are reasons why you need an experienced California criminal defense attorney. Call Wallin & Klarich.

Wallin and Klarich has been successfully defending persons accused of California sex crimes for over 30 years. Being accused of a sexual offense in California can have a devastating impact on ones life. If convicted, such a crime would carry a life-time of registering as a sex offender. Wallin and Klarich knows what it takes to win. We have defended many people for alleged lewd conduct or child abuse and often have to deal with false allegations. These allegations can come from a student who received a bad grade from a teacher, a child in the middle of a bitter divorce, etc. This is one of the few types of crimes where the mere unproven allegation can cast a cloud over the head of the accused. Through extensive investigation, and thorough psychological evaluations, we can often reveal the false allegation. In other instances, we can drastically lower the sentence of one convicted of such a crime by showing that the defendant is treatable and in counseling. Wallin & Klarich earned the reputation of being very aggressive in the defense of persons charged with sex crimes. Call us for a free case evaluation.

Are you thinking about getting married but are scared off after seeing so many of your friends and family go through horrible divorce proceedings? If this is you, you are not alone. Most people know or have heard of someone that has lost half or more of their fortune as a result of a divorce. The reason for this is California’s Community Property laws, which basically state that whatever is acquired during a marriage is considered half the husband’s and half the wife’s. This includes income earned or property acquired during the marriage, even if one party earns all of the income for the family!

However, do not be discouraged! There is a way to protect yourself! You can protect yourself by entering into a prenuptial agreement (or sometimes also referred to as a premarital agreement). A prenuptial agreement will allow you to keep your assets separate during the marriage and if you should get a divorce, you will not have to fork over half or more of your fortune!

There are strict guidelines for prenuptial agreements that must be followed in order for the agreement to be valid. Therefore, it is important to have a skilled and knowledgeable attorney draft the agreement and walk you through the process. Wallin and Klarich has several such skilled and experienced attorneys that can help you with your prenuptial agreement.

Everyone thinks that they will be married for life, and hopefully, this will come true. However, the statistics show that the divorce rates are on the rise. But do not let these statistics deter you from getting married. Go ahead and get married, but just be sure to protect yourself by having Wallin and Klarich draft you a prenuptial agreement! You will be glad that you did and it will allow you to enjoy your wedding date knowing that you are protected just in case things do not go as planned!

Going through a divorce or any family law matter involves many issues including custody, visitation, support, and a division of community property assets and debts. It can be a harrowing experience and emotionally draining for the parties involved and not to mention the costs of retaining an attorney to represent you throughout the case. It can be a lengthy process and involve lots of attorney’s fees for both sides.

An alternative to being fully represented in such matters for people who are on a tight budget or whom do not have the financial wherewithal to afford an attorney from start to finish is the LIMITED SCOPE REPRESENTATION.

An agreement can be made between the client and the attorney for the attorney to perform some of the work involved in your case while the client does the work on the other aspects of the case. Some examples include:

• The client hiring the lawyer to represent the client on certain issues in their case (such as child support and/or custody) while the client does the rest themselves.


• The client can hire the lawyer to prepare the forms and other court documentation but the client can file them and represent themselves at the hearings


• The client can hire the lawyer to get legal advice and coach the client on how to represent themselves at the court hearings and help in the preparation of evidence that will be presented in court.


• The client can hire the lawyer to help with the more complicated parts of the case such as discovery and legal research while the client does the simpler tasks themselves

As in any form of representation, the key is communicating with the lawyer and knowing what each other’s roles are in this type of representation. This type of representation is advantageous for the client on a budget.

In the cases where client hires the lawyer to appear in court on a limited scope basis on certain issues, a NOTICE OF LIMITED SCOPE REPRESENTATION must be filed with the court and served on the opposing party or his/her attorney if represented.