Southern California Defense Blog

The recently reported pregnancy of sixteen-year-old television star Jamie Lynn Spears has drawn a spotlight on the issue of statutory rape and the different state laws that apply. While most high school aged people do not travel extensively interstate, apparently, given Ms. Spears’ occupation, and her domicile in Louisiana and the baby’s alleged father’s domicile in Mississippi, and the fact that apparently Ms. Spears and the alleged father traveled to California to enable Ms. Spears to tape her television program, this means that any criminal liability would have to be determined in the state where the potential sex act or acts occurred.

In California, if a person has “consensual” sex with a minor, and the person not more than three years older than the minor, the person has committed a misdemeanor crime. Apparently, under Louisiana law, any person over age 17 years who has sexual intercourse with a minor age 12 to 16 years, and the age disparity is more than two years; likewise the person has committed a crime. In Mississippi, however, the legal age of consent is 16 years, meaning that a person can have sexual intercourse with a person who is 16 years of age or older, and, so long as the encounter is consensual, no crime has been committed.

As to Ms. Spears’ case, many people have commented that there is little chance that the child’s alleged father will be prosecuted. Many have also noted that the state-to-state disparity in statutory rape laws, as well as treatment by local prosecutors and police, often results in unjust and disparate treatment of similarly situated offenders.

Continue reading "STATUTORY RAPE LAWS" »

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Posted In: Sex Offenses

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The Associated Press recently reported on a case in Long Island, New York where a juror stated that he felt pressured by the trial judge and his fellow jurors to convict the defendant of manslaughter charges. The jury returned its verdict on the Saturday prior to Christmas.

Apparently, when the jury was unable to reach a verdict, the judge took the unusual step of requiring that the jurors deliberate on Saturday for twelve hours. The judge also, according to the report, told the jury that they would have to return on Sunday as well for further deliberations if they could not reach a verdict. The judge also told the jury that a mistrial would burden the families as well as the next jury.

The two “holdouts” for not guilty apparently felt pressure from their fellow jurors to change their vote to guilty to avoid marathon deliberation sessions over the weekend and with the holidays approaching. The jury forewoman denied allegations that weekend deliberations, or the holidays, played a role in the jury’s deliberations.

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Posted In: Law & Information

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Avoid Jail if you are an illegal immigrant. An INS hold may be placed on you, which could lead to deportation.

Local law enforcement agencies are working with federal immigration officials to screen all persons who come into local jails to determine if they are in the United States illegally. As of November 30, 2007 it was reported that INS officials working with local jail employees have identified 4,152 inmates suspected of immigration violations. These inmates are having INS holds placed upon them and deportation proceedings are being held, which will lead to many of them being deported.

The reason for the arrest is irrelevant. A person can have an INS hold placed upon them even if they are arrested for minor traffic warrants or minor misdemeanor offenses. The immigration department is expanding their operation to more and more local cities in their search for illegal aliens

One the best things that can be done for an inmate who has been arrested is to work with a law firm to attempt to have the accused released from custody before the INS places a hold on the person. In most cases, it is extremely difficult to have an INS hold lifted. So having your loved one released from custody prior to the INS hold being placed should be your highest priority.
Feel free to contact Wallin and Klarich 24/7 to discuss your legal matter. We will be there when you call.

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Posted In: Law & Information

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A recent article in a popular San Diego newspaper was written which talked about some criminal defense attorneys and their heavy, unmanageable caseload. There are some San Diego criminal defense lawyers whose caseloads get up to 300 and even 800 cases. At Wallin & Klarich, we do not think an attorney can work 300, much less 800, open cases at one time all by him or her self without providing less than desirable service to some clients. Would that lawyer be able to remember your case? Your name? Your face? With hundreds of other clients vying for attention, we doubt it.

When an attorney has such an unworkable caseload, the law of averages starts to come into play, to the detriment of some of the clients. Not every case can have a fantastic result. If every case had a fantastic result, then the results would, by definition, be average. The law of averages in fact means that some of those clients will get great results, most will get average results, and some will get poor results. The lawyer with an unmanageable caseload knows this, and thus will likely spend most of his/her time on the cases he thinks are more likely to get great results than average or poor results. This, of course, has a cyclical effect. Some clients give this very reason for hiring a private lawyer instead of just going with the Public Defender’s office.

The point? If you are considering hiring a San Diego or Southern California criminal defense lawyer, you will want to inquire as to how many cases your attorney will have. You want to make sure you are hiring your own personal lawyer, not the lawyer of 799 other people. You want your criminal defense lawyer to give personal attention to you and your case.

At Wallin & Klarich, we understand your concern, and more importantly, we agree with you. That is why, as one of the biggest criminal defense firms in southern California, we make sure each of our attorneys has a manageable caseload and has the time to dedicate to your case. When you hire Wallin & Klarich, you will have YOUR lawyer, not just SOME lawyer, working on your case.

Feel free to check us out more on our website at www.wklaw.com or call us at any time to discuss your legal issue, and to discuss how YOUR PERSONAL lawyer can help you on YOUR UNIQUE case.

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Posted In: Law & Information

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The Department of Motor Vehicles is charged with ensuring that those who drive on the city streets are able to do so in a safe manner. Frequently, if the DMV finds out that you had a seizure it will take away your license. Usually the DMV finds out about the seizure when notified by either a law enforcement officer or by a medical professional.

When the DMV wants to take away your license after a seizure, you have the right to be heard. You have the right to present testimony and evidence at a hearing in front of a DMV Hearing Officer. This hearing is called a Physical and Mental (P&M) Hearing. You also have the right to have a lawyer represent you at that hearing.

The most important piece of physical evidence is the doctor’s Medical Evaluation. Your doctor will have evaluated your medical condition. The doctor will fill out the DMV’s Medical Evaluation forms. The forms ask the doctor to explain what caused the seizure, what medications you are taking to prevent any further seizures, and whether, in the doctor’s opinion, you will be able to safely drive a vehicle. You have the right to see this Medical Evaluation. The DMV will base its decision largely on the information found in this Medical Evaluation.

Continue reading "Did the DMV Take Away Your License After You Had a Seizure? " »

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Posted In: DMV Hearings

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Noted Orange County criminal defense lawyer Joseph Gerard Cavallo was sentenced on December 14, 2007 to six months in jail.

According to a press release from the Orange County District Attorney’s Office, between June 1, 2003 and August 1, 2005, Cavallo conspired to commit the crime of attorney “capping” and attorney recommendation by a bail licensee. Co-owners of Xtreme Bail Bonds acted as “runners and cappers” for Cavallo and solicited business for attorney Cavallo at Orange County jail facilities. The Co-owners also illegally recommended their bail bond clients to hire Cavallo as their attorney. It was alleged that the Co-owners received money from Cavallo for performing these acts. In August of 2004, Cavallo transferred $50,000 to one of the Co-owners and claimed it was an “interest free loan.”

The bondsman kept a stack of Cavallo’s business cards at the Xtreme Bail Bond’s office. The bondsmen’s employees had a sheet of “to dos,” and referring clients to Cavallo was part of their written instructions. The employees were told that they would get a bonus for referring bail clients to Cavallo. They were told to tell bail clients that they would get a discount from Cavallo because they were referred for legal services by Xtreme Bail Bond.

The Co-owners recommended their bail clients hire Cavallo. They told their bail clients that defendant Cavallo was a friend of Xtreme Bail Bonds, and would give them a reduced attorney retainer fee. They would then make appointments for the bail client to visit Cavallo. In some cases, they would drive their cars to defendant Cavallo’s law office after directing bail clients to follow them. They would quote Cavallo’s retainer price to bail clients. They instructed bail clients to tell defendant Cavallo that they were referred to Cavallo by Xtreme Bail Bond.

California law prohibits bail bonds workers from recommending any attorney to any bail bond client, even if no money changes hands. Specifically, Insurance Code section 1814 provides that a violation of “any rule of the [insurance] commissioner … is a public offense, punishable by fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison [for 16 months, 2 years, or 3 years], or in the county jail not exceeding one year, or by both such fine and imprisonment.” The insurance commissioner has enacted a rule that provides “[n]o bail licensee shall in any manner, directly or indirectly, suggest the name of or recommend any attorney to any arrestee or person purporting to act for or represent an arrestee.” (Cal. Admin. Code, Tit. 10, § 2071.)

The law also prohibits attorneys from paying non-lawyers for client referrals, which is referred to in the law as “running” or “capping.” (Bus. & Prof. Code, § 6152, subd. (a).)

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Posted In: Law & Information

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If you are accused of a criminal offense in San Diego County it is very important you retain the services of a highly qualified criminal defense law firm. However, before selecting the law firm that will be helping you it is critical that you know as much as possible about the law firm you will be trusting with your case.

There are some law firms that advertise heavily in San Diego. However, spending a lot of money on advertising does not make you a highly qualified criminal defense law firm.

At Wallin and Klarich we have been helping people accused of criminal offenses for almost 30 years. We have the highest rating a law firm can receive in California by Martindale Hubbell. No lawyers in our law firm have any state bar discipline. You should compare Wallin and Klarich to our competition and then decide which law firm is best suited to handle your case.

Selection of the right law firm can often make the difference between jail and freedom in a criminal case. Do not rush the decision. Feel free to contact Wallin and Klarich 24/7 to discuss your case. We will be there when you call.

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Posted In: Criminal Defense

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Active and reserve military have major problems when arrested or charged with domestic violence. If you’re convicted, it means the end of your career.

What’s known as the “Lautenberg Amendment” makes it a felony for anyone convicted of a misdemeanor crime of “domestic violence” (e.g., assault or attempted assault on a family member) to ship, transport, possess, or receive firearms or ammunition. There is no exception for military personnel engaged in official duties. The Amendment also makes it a felony for anyone to sell or issue a firearm or ammunition to a person with such a conviction. This includes commanders and NCOs who furnish weapons or ammunition to Marines or Navy knowing, or having reason to believe, they have qualifying convictions. Some civilian courts were trying to create an exception by saying a firearm could be carried in the line of duty. Marines were pleading guilty to domestic violence and thinking they would be ok. That’s absolutely incorrect and a career killer.

What qualifies as “domestic violence”? In California it’s a long list of relationships. It includes anyone you’ve dated and members of your household.

A conviction does not include Article 15s, summary court martial convictions, deferred prosecution (or similar dispositions in civilian courts).

It’s critical to know the differences. It literally makes the difference between staying in the military and being forced out. If arrested or charged with domestic violence you need an experienced lawyer to protect you. That’s Wallin & Klarich.

If you have any questions about a criminal manner, feel free to check out our website at www.wklaw.com or give us a call at any time to discuss how a Wallin & Klarich attorney can help you.

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Posted In: Military

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So the cop pulled you over while driving. He administered the Field SobrietyTests and then placed you under arrest. You were a little bit drunk and were cited for a DUI. How did this happen? Well, you might not have seen those illuminated signs asking drivers to report drunk drivers at the local highway, but believe it or not, the majority of DUI cases are phoned in by good Samaritans.

“Joe Schmo called the pigs and Officer Oink was dispatched to the area I was driving” said my client. The officer then immediately pulled the client over. The officer then administered the Field Sobriety Tests and placed him under arrest.

The gentleman hired WK to run a motion to suppress. During the hearing the dispatcher and the arresting officer testified that they received a call from Joe Schmo and the court allowed this testimony pursuant to People v. Orozco.

During cross-examination, Officer Oink related that he witnessed no bad driving and that he pulled Client over because of the tip from Joe Schmo. Result: CASE DISMISSED for lack of probable cause. Because the client did not commit any vehicle code violations while the officer was tailing him, the judge dismissed the case.

Bottom Line: Don’t drink and drive, but if you do, make sure you have an attorney from WK to represent you.

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Posted In: DUI & Drunk Driving

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Your child is arrested for molesting another child? How can this be? It sounds wrong. Yet under California law, a juvenile may be prosecuted for child molest even if the victim is the same age. The law describes the minimum age for a victim. Often the laws don’t say how old or young the person committing the act has to be.

For example, say a 15 year old boy has a 13 year old girlfriend. Say they engage in some sexual sort of touching. California law says:

Any person who willfully and lewdly commits any lewd or lascivious act,
including any of the acts constituting other crimes provided for in Part 1,
upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
California Penal Code § 288(a)

This law says nothing about how old the person who commits the act must be. Its even possible for a juvenile to be sent to prison. If sent to prison or the Department of Juvenile Justice, (prison for juveniles) a juvenile could be forced to register as a sex offender for life.

These are some of the reasons why you need an experienced attorney if a juvenile is charged with child molestation. Call the experienced attorney’s at Wallin & Klarich at 1-888-280-6839.

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Posted In: Juvenile Offenses , Juvenile Offenses

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