Southern California Defense Blog

Certain criminal cases filed in Juvenile Court against a minor may be eligible for what we call “deferred entry of judgment”. In order to be eligible for deferred entry of judgment under Welfare and Institutions Code Section 790, a juvenile must be at least age 14 when the offense was committed and the offense must be a felony. In addition, the juvenile must not have been granted this relief before. The juvenile will be required to admit the petition and will be placed on probation for 1 year, but can be extended for a maximum of 3 years. If the juvenile completes the terms of his/her contract with probation and fulfills the terms of probation, the plea is automatically withdrawn and the matter is dismissed and sealed. In contrast if a juvenile has committed a misdemeanor offense and is placed on informal probation under Welfare and Institutions Code Section 654, the juvenile is placed on probation for a 6 month period and at the end of the 6 months, the juvenile must petition the court to seal his/her record. It is not a guarantee that the court will seal his/her record after the end of their probation. At Wallin & Klarich, our juvenile criminal defense lawyers have been helping minors for over 30 years to keep their record clean and avoid the often harsh punishment of juvenile convictions called “adjudications”. Wallin & Klarich understands that minors can make mistakes in life. It is our job and our responsibility to make sure these minors do not have to pay for that mistake for the rest of their lives. We are available 24 hours a day, 7 days a week. Our criminal defense attorneys have helped thousands of minors over the past 30 years, we can help you too.

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Posted In: Juvenile Offenses

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Many people call our office asking if they can appeal their case. The people who call often tell us that their loved one, who is in jail, did not get proper representation. We are often told that the defendant’s public defender did not provide adequate legal advise or did not do proper investigation. Defendants are often told that it is in their best interest to enter a guilty plea by their public defender. After a guilty plea is entered the person accused wants to “appeal” their conviction.

What is important to realize is that if you enter a guilty plea you cannot appeal your conviction without first obtaining a Certificate of Probable Cause pursuant to California Penal Code Section 1237.5 from the judge that accepted your plea. In order to do this it is very important that you retain the services of an experienced criminal defense law firm who handles appeals. If you fail to obtain the required Certificate of Probable Cause your appeal will be dismissed even if your claims are valid.

When you are looking into trying to appeal a criminal conviction you should contact a criminal defense attorney at Wallin and Klarich 24/7 so we can discuss your legal options with you. Facing many years in prison is a frightening thought. You need a law firm on your side that cares about you and your family.

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Posted In: Law & Information

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You need to call the law firm of Wallin & Klarich. If a police office tried to call you, or perhaps left a business card at your door asking you to call, your best bet will be hiring an experienced criminal defense attorney. If the investigation is for a hit and run, or perhaps a child abuse case, or a domestic violence case, or any potentially criminal charge, you should not, repeat NOT, contact the police without counsel. We have been giving our clients at Wallin & Klarich 6 words of advice when they even think they are being investigated for a crime……”shut up, shut up, shut up”… It is rarely productive to give any statements to the police. What you say can and will be used against you in court. Words that you say that seem harmless at the time can haunt you down the road. The criminal defense attorneys at Wallin & Klarich know how to discuss the case with law enforcement. Allow us to run interference with the investigating agency and advise you what the status is. We can often convince the police not to submit the case to the prosecuting agency for filing or perhaps convince the District Attorney themselves not to file. Simply burying your head in the sand and hope it goes away is not the answer. If decisions are being made about your case, you need counsel to try to influence what they do. It is not in your best interest to discuss the case with law enforcement without counsel. You have a 5th Amendment right to remain silent. Exercise that right and call Wallin & Klarich. We will be here when you call.

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Posted In: Law & Information

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The state and federal authorities are stepping up investigations into child pornography on the internet. New criminal laws are being created to deal with the prosecution of people who log onto child pornography sites and those who exchange child pornography pictures. Wallin and Klarich has been representing many people being investigated for or actually charged with child pornography both on the state and federal level. Too many times, we see suspects making big mistakes that often hurt their case in court. The laws are very tough and the penalties very harsh on these cases often resulting in a prison term and having to register as a sex offender. Our criminal defense law firm has been successful in defending against these crimes in both state and federal court. If you or a loved one are being charged with or being investigated for child pornography, you need to call our law firm immediately. The stakes are too high not to.

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Posted In: Sex Offenses

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You thought you were safe when you were joking with your coach and you said to him that if he had you do any more sit ups that you would “kill him”. Your buddies on the team may have thought it was a joke. However, BE WARNED. If your coach takes it seriously your words can lead to you being arrested for a felony.

In California it is a crime under Penal Code Section 422 to make a “criminal threat” to another person. This crime is called “terrorist threats”. However, in reality a person can be arrested and sent to jail for making a threat to another person where the victim believes that the threat can be carried out. Physical contact is not required to be guilty of the crime. All that is required is that a person makes a statement to another person and the person believes that the threat is capable of being carried out.

Continue reading "Watch What You Say – You could be charged for a felony terrorist threat crime" »

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Posted In: Terrorism

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If you have a warrant for your arrest, you can feel like you are in a prison without bars. Every time you see a police officer, or a police car drives by, your heart pounds. It does not have to be this way. For the past 27 years, the law firm of Wallin & Klarich has been assisting people clear these warrants WITHOUT getting arrested. You don’t have to go to jail in order to take care of a warrant. Many times, our attorneys at Wallin & Klarich can recall the warrant without you having to appear in court. Just because there is a bail amount attached to your warrant does not necessarily mean that you have to post that bail to gain your freedom. Your attorney at Wallin & Klarich can appear on your behalf and get the warrant recalled so you are not arrested and taken to jail. By hiring private counsel, indicates to the Court that you are serious about taking care of the problem and many times will agree to release you on your own recognizance without having to post bail. In addition, if the warrant is for a traffic matter, California DMV will suspend your privilege to drive until the warrant is cleared. If you or a loved one has a warrant, there is no need to live in fear. Help is around the corner. Call Wallin & Klarich any time. Our criminal defense attorneys will be here when you call.

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Posted In: Law & Information

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If you were in an accident which resulted in damage to property you have certain obligations and responsibilities in order to avoid being prosecuted for a crime. You MUST do one of the following: either 1) locate and notify the owner or person in charge of the property or owner of the other vehicle and show them your Drivers License and Vehicle Registration OR if you are unable to locate this person 2) Leave a note on the vehicle or property giving your name and address and a statement of the circumstances. You also MUST notify the police department of the city where it occurred if you were unable to notify the driver directly or by leaving a note.

Let’s say you got into an accident yesterday and have been debating about what you should do. Should you call the police? Should you go to the police station? If you did NOT leave a note on the property you hit, I would suggest you contact a criminal defense lawyer. Yes, your obligation is to contact the police department as soon as possible, but if you did not leave a note, then you might only be talking your way into more trouble. Instead, contact an attorney and let them do the talking for you.

In Hit and Run situations, it is usually your words and admissions that will convict you and trust me, the police will contact you, or the registered owner. If you hire an attorney early, the attorney may be able to determine who the owner of the vehicle is and negotiate some sort of civil compromise and help avoid any criminal liability.

If you were in a serious accident, one in which you believe someone was hurt, the charges and consequences could be MUCH more serious, including felony charges and possible time in state prison.

Do not wait! The longer you wait, the more likely it is that a police report has been filed against you. Contact a qualified attorney in your area to get the ball rolling and keep you out of trouble

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The City Attorney, not the District Attorney, prosecutes all misdemeanor crimes in the city of San Diego. Thus, it is important that a San Diego criminal defense lawyer know how the City Attorney’s office operates.

The San Diego City Attorney’s office has certain policies and rules regarding how they are supposed to handle certain types of crimes. These policies and practices are evaluated and changed every so often. In the summer of 2007, the City Attorney’s office made more changes. These changes are not helpful for some of San Diego’s citizens. Among these changes is a policy that petty theft crimes will not be automatically reduced to a lesser offense unless they would have a difficult time proving their case for substantial evidentiary reasons.

What does this mean? It means if you are ever arrested for and charged with petty theft in San Diego, you want to make sure you hire an attorney who is willing to put in the work to actually fight your case and make the City Attorney’s office prove their case. You don’t want an attorney who will just roll over for the San Diego prosecutor and accept whatever they give him. You want a lawyer who is willing and able to show the City Attorney all of the holes in their evidence to convince them to drop the petty theft charge.

All too often, I walk into court in downtown San Diego and I listen to lawyers who I would think are old and experienced criminal defense lawyers, but who I overhear asking questions about what will happen on their case. All the time I will hear these lawyers lean over and ask, "Here is the situation my client is in. What should I do? What do you think the City Attorney will do? What will the sentence be?" How can this be? It is possible because people are hiring lawyers who are not familiar with the San Diego City Attorney’s office and with the different punishments that attach to different crimes.

At Wallin & Klarich, we make it a point to make ourselves aware of what the opposition is doing. The opposition is of course the prosecutor, the City Attorney. We handle many cases with them and we know how the system works. We can help you make the system work for your benefit, as much as possible. If you have any questions about crimes or criminal law in San Diego, call us for a free telephonic consultation.

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Posted In: Criminal Defense

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If you are being charged with a criminal offense in the state of California, you need to ask yourself a question. Is your criminal defense lawyer doing all he/she can do in representing you? This is a crucial question you need to ask, especially when the stakes are high. The law firm of Wallin & Klarich has been assisting clients for 27 years with criminal matters. Many times, clients hire us because there prior attorney was not doing all that was required on their case. A second opinion is very important in situations where you are not comfortable with the way the case is going. You should trust your instincts and seek a second opinion from Wallin & Klarich. We have been assisting clients in clarifying and educating them on their case so they know if the case is going the right way, or if they need a new direction. The best chance of seeking a favorable result in court is prior to trial or prior to the disposition of the case. Once the case is over, the odds of a modification of the sentence or an appeal go down drastically. Your best chance of a favorable outcome of your case is prior to trial or a plea, not after. If you are not sure if your lawyer is doing all he/she can do, contact Wallin & Klarich for a second opinion. You will always walk away with greater knowledge about your case which will help with your decision making process. Wallin & Klarich is available 24 hours a day, 7 days a week.

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Posted In: Law & Information

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In California, a driver is allotted 4 points a year. If you go over the 4 points, you will get a notice of suspension from the DMV. DO NOT IGNORE THIS NOTICE. You will have 15 days to respond and set a hearing. At this DMV hearing Wallin & Klarich is able to bring out factors to help convince the DMV not to suspend your license. In most cases, Wallin & Klarich is at least able to get the DMV to place you on a probationary status, so that you can keep your license and prove to the DMV that they should still allow you to drive. If you ignore the notice and fail to set a hearing your license will be automatically suspended and you will have no recourse for a hearing. You will have to suffer the full length of the suspension, which can be up to 1 year. Wallin & Klarich has been helping people keep their drivers license for over 30 years. We understand the importance of a valid drivers’ license in the state of California. Call our criminal defense attorneys anytime. We will be available to you 24 hours a day, 7 days a week.

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Posted In: DMV Hearings

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The law firm of Wallin & Klarich has been defending those charged with possession of marijuana for over 27 years. Whether it be cultivating, transporting or selling marijuana, our law firm has been successful in defending against these charges. The new medical marijuana laws allow flexibility and some “wiggle room” in the way these cases get prosecuted. The staff attorneys at Wallin & Klarich are familiar with the laws of medical marijuana use and care giving (11362.5 Health and Safety Code to 11362.9 Health and Safety Code). If you or a loved one is arrested for marijuana, you need to call a drug crime defense lawyer at the law firm of Wallin & Klarich and see how we can help you win your case.

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Posted In: Drug Offenses

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Yes, when the judge sentences you to probation, even if it is informal probation, they have the right to impose part of or the maximum amount of jail time allowed for your sentence, if you fail to meet ANY of the terms of your probation. This means that the judge can impose the maximum jail term for something as small as being a few days late on your payments or forgetting to come to court to show completion of your court ordered classes.

For example if you plead guilty to a DUI which carries a maximum penalty of 6 months in jail, and the judge sentence you to zero days of jail, then the judge can impose part of or the entire amount of that 6 months should you fail to meet any of the terms of your probation. So being one day late on your payment can get you as much as 6 months in jail.

Continue reading "Can I really go to jail for forgetting to finish my class, community service, or making payments on time?" »

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Posted In: Law & Information

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Do you know of a loved one, a neighbor or a friend, currently doing time or recently sentenced to do time in a federal penitentiary (prison)? If so, then we have some great news for you and them! As many as 19,500 inmates currently doing time in federal prisons around the country could be released early! These inmates could have their time reduced by a minimum of two years. Moreover, nearly 13% or 2,500 of these 19,500 inmates could be released immediately.

This is the result of pressure that has been applied on federal officials for quite some time by various civil rights and advocacy groups, as well as other lobbyists. These groups have argued for years that the federal cocaine laws are unfair. They argue that these laws impose greater penalties on crack cocaine dealers and users than on powder cocaine users and dealers. Further, they argue that this disparity results in an injustice to the poor and more importantly, to the African American community, as 80% of those sentenced on federal crack cocaine charges are African American.

Continue reading "Mass Exit Out of Federal Prison" »

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Posted In: Law & Information

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Under Jessica’s Law, otherwise known as Proposition 83, sex offenders in California are to be tracked for life by satellite. The law was passed a year ago and requires sex offenders to be fastened with Global Positioning System devices (GPS). The GPS devices enable officials to track these sex offenders every move, even after they have completed parole.

However, recent reports by top law enforcement officials indicate that for a variety of reasons this tracking program is not viable and not likely to be implemented any time soon, maybe ever. Some of the problems include: the lack of ramifications for those who refuse to cooperate with the monitoring, the vagueness of the law as to which agency is responsible for monitoring the sex offenders, the hundreds of millions of dollars it will cost to monitor these individuals, and the arduous task of tracking sex offenders who no longer are required to report to parole or probation officers (once off of parole or probation).

Continue reading "Tracking for Sex Offenders" »

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Posted In: Sex Offenses

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As criminal defense lawyers, people sometimes ask us, "Why shouldn’t I just plead guilty to my DUI charge? After all, I was drinking that night. I did blow a .08 when I was arrested. Shouldn’t I just forget about hiring a DUI lawyer and just plead guilty at the first court date?" Our answer is, "We would recommend you hire a lawyer, and we would recommend that you plead ‘Not Guilty’ at the first court date." Why is that our advice? Keep reading.

In a recent DUI case in San Diego, one of our Wallin & Klarich attorneys held an evidentiary hearing where he cross examined the police officer when the officer was on the witness stand testifying. The police officer had detained the client for DUI. The police officer made the client do a bunch of Field Sobriety Tests. The cop felt that the client failed all of them. The client blew a .08. The client was arrested for a DUI. Slam dunk case for the prosecution, right? Wrong. The Wallin & Klarich attorney got the police officer to admit on the stand that he had not been properly trained how to conduct all of the Field Sobriety Tests, and there were some of the tests which he hadn’t been trained to do at all. The police officer basically said that he didn’t know exactly when someone failed a test—so he just guessed. The police officer even admitted that he conducted his tests based on the advice given to him by some unidentified individual who was NOT his supervisor and NOT during official DUI Field Sobriety Test training meetings.

Continue reading "Should I Plead Guilty to a DUI?" »

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Posted In: DUI & Drunk Driving

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If you or a loved one has been convicted of a criminal offense, you should consider appealing the case. The law on criminal appeals in California is specific and deadlines are important to understand. On felony cases, the Notice of Appeal needs to be filed within 60 calendar days of sentence. On misdemeanors, the time to file the Notice of Appeal is 30 days from the day of sentencing. Failure to follow such deadlines can result in you losing your right to appeal. The law firm of Wallin & Klarich has been assisting clients with their appeals for the past 27 years. Our criminal lawyers have been successful in filing appeals for our clients in all state and federal courts. Appeals can be time consuming and expensive. If you are interested in getting a “case review” to determine the chances of such an appeal, or want to discuss what your options are, call the law firm of Wallin & Klarich anytime. This could be your last chance at freedom and all issues need to be considered.

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Posted In: Criminal Appeals

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The Bush administration in an apparent “show of strength” to appease the conservative Republican voters are implementing massive arrives of “suspected” illegal aliens. When the “suspected” illegal aliens are arrested they are held without bail for long periods of time.

In recent weeks over 530 people were arrested during raids on people’s homes. Over 800 additional arrests were made while persons were being held in local county jails for various criminal charges. It is critical that if you find yourself in custody and you are not a US Citizen that you retain the services of a criminal defense lawyer to try to have the lawyer get you released from custody. If you sit in custody you are a “sitting duck” just waiting for the INS to do the next sweep and then put an INS hold on you.

It appears that the current Bush administration is going to keep the pressure on to have more illegal aliens rounded up. The sweeps will most likely continue to happen in the local jails. If you do not want to have an INS hold placed upon you, then you need to immediately contact a California criminal defense firm like Wallin and Klarich if you are arrested. You can reach Wallin and Klarich at 888.280.6839 24/7 and we will be there to help you when you call.

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Posted In: Immigration Matters

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Some people try to obtain a temporary restraining order on their own without the assistance of a criminal attorney and as a result their request is denied. A request can be denied simply by how the information and details are presented in the forms. You may have enough of a reason to be granted a restraining order, but it has to be tailored in the right fashion in order to be granted.

It is important to seek assistance in filing for a temporary restraining order, whether it is for domestic violence or civil harassment. WK criminal defense attorneys know what forms are necessary, how to properly complete the forms so your restraining order will be granted, under what circumstances notice does not have to be given, when to properly file the forms and the hearing procedure. A WK lawyer will appear for you at the temporary restraining order hearing and permanent restraining order hearing to argue on your behalf and represent you to do our best to make sure that you are protected. If you do not have enough money to retain an attorney to appear at the hearing a WK attorney can prepare the forms for you and prepare you for the hearing for a lower fee.

At the law offices of Wallin & Klarich we have more than 30 years of experience helping our clients in this complicated area. If you need more information and would like the assistance of a Wallin & Klarich attorney please free to contact us at any time.

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Posted In: Law & Information

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