Southern California Defense Blog

Much has been written regarding “hate crime” laws and whether enactment of such laws is appropriate or even consistent with the US Constitution. While, on the one hand, crimes committed in the name of “hate” cannot be condoned in a free society, on the other hand, as US Supreme Court Justice Robert Jackson noted: “"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." West Virginia State Board of Education v. Barnette, 319 U.S. 624, 642 (1943).

Apparently New York State is the most recent state to enact a “hate crime” law, which actually represents an expansion of existing New York State “hate crime” legislation. The new law provides that, any person who etches, paints, draws or otherwise places or displays a noose on any private or public building or other real property without the express permission of the owner or operator of such building or real property with the intent to harass, annoy, threaten or alarm another person because of a belief or perception regarding such person’s race, color, national origin, gender, religion, religious practice, age disability or sexual orientation shall be guilty of the crime of aggravated harassment in the first degree. Aggravated harassment in the first degree is a E-Felony punishable by up to four years in prison.”

Call Wallin & Klarich and we can answer any legal questions you may have. We are always available 24 hours a day, 7 days a week. 1-888-749-0034. You can also check out our website at www.wklaw.com.

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Posted In: Law & Information

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The internet has made it easier and easier for someone to calculate their child support. There are numerous websites that charge fees to calculate child support. People think that all they have to do is plug in the parties income and time share into the DissoMaster (program used to calculate support) to determine the child support. While this is true, it is not completely accurate. There are many factors that must be used to accurately calculate the support. And, unless you are trained in the use of the DissoMaster you may not know about the various factors that can or should be used in a proper calculation of support.

You should contact an attorney that is very familiar with DissoMaster before entering into any child support order. Attorneys at Wallin & Klarich can assist you in the proper child support calculations. Please visit us at www.wkfamilylaw.com or call us 888-749-0034.

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Posted In: Child Custody Issues

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Is the child support payment in California that you are receiving not what it should be? Or, is the father or mother of your child not paying any child support at all, even though they should be? Or, are you are paying too much child support? If you answered yes to any one of these three questions, you are not alone. With the divorce rates in California and across the nation on the rise, more and more people now have to face issues relating to child support!

Child support refers to monetary compensation that one parent provides to the other parent of a minor child, to help in the care of that child. There are several factors that are considered when calculating what the child support payment should be. We will not list all of these factors now. Nonetheless, the most prevalent factors include the number of minor children, the length of time that each parent has with the children, and the amount of money that each parent makes.

Moreover, the amount of child support can always be adjusted as long as there is a change in circumstance. The two most obvious changes in circumstance would be change in percentage of time that each parent has with each parent and change in the amount of money that either parent makes.

Wallin and Klarich has been in the business of helping people with their child support issues as well as other California family law related issues for over 30 years and it would like to help you with yours! Call Wallin and Klarich today and a qualified family law attorney from the firm will be able to evaluate your case. Wallin and Klarich is always available 24 hours a day, 7 days a week. Call us or visit us at www.wkfamily.com We will be there when you call.

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Posted In: Child Custody Issues

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On May 15, 2008, the Supreme Court of California overturned the ban on same-sex marriage. Marriage licenses will be issued to same-sex couples beginning June 17, 2008, barring any last minute stays. Before this landmark moment, California had already permitted domestic-partner registration with the secretary of state, wherein same sex-couples could be afforded the same rights as traditional male/female marriages. Despite this bitter sweet moment in history, Gay couples wanting to rush to the altar after June 17, 2008 should consider many things before deciding to make it official. Consideration must be given to whether a prenuptial agreement will be required, separate property and debt, the adoption of children in the future, etc., Many gay couples will marry, and while for some it will last a lifetime, other’s won’t be so fortunate. It is important that during those trying emotional moments where a decision has been made to divorce, that competent legal representation be sought.

An attorney from Wallin & Klarich can provide you with all the legal help and representation you deserve. So please call us now at 888-749-0034 and visit us at www.wkfmailylaw.com.

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Posted In: Family Law Issues

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Money issues often play an important role in California divorce proceedings, California child custody proceedings, and child and spousal support or alimony proceedings. This is especially the case in San Diego, where the cost of living frequently far outweighs the income for the average household. With gas prices up, food prices up, and salaries and job opportunities down, saving as much money as possible, and obtaining as much money as possible become a key goal for many of our clients going through family law proceedings.

An experienced, thorough attorney might be able to help you save money and obtain as much money as possible from your spouse. Conducting extensive discovery can sometimes cause the divorce to take longer, but it can also mean the difference between thousands of dollars.

Each spouse has a duty to fully disclose all of his or her relevant financial information to the other spouse. Payroll information must be given to the other spouse. Investment information must be given to the other spouse. Even post-separation acquisitions may include an amount of community interest and therefore should be given to the other spouse. If you do not trust your spouse to turn over all of his or her financial information, you may need a lawyer willing to go through the fight of demanding that information.

It matters what kind of lawyer you hire. It can mean the difference between thousands of dollars. If you would like to speak to a family law lawyer about your situation, check out Wallin & Klarich at our website www.wkfamilylaw.com.

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Posted In: Family Law Issues

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With the divorce rate as high as 60%, it is no wonder that the family law courts are backlogged with the volume of cases filed each year. Typically divorces can last for years before they are resolved or a final judgment is entered. In the rare instances and the minority, there have been couples that have been able to divorce easily and quickly, this of course is the exception and not the rule and certain factors come into play. There is a price to pay when it comes to the divorce process, not just financially but emotionally and physically as well. There can be court appearances one after another and one court appearance alone can easily run into thousands of dollars in fees and costs. The key is to have the competent and skillful representation by a qualified attorney. This could make the difference in the progress of the divorce proceedings and the costs associated with it.

Get the competent representation you deserve when it comes to divorce and the welfare of your children when they are involved in the process. Wallin & Klarich have had over 30 years of experience in this area, contact the attorneys at Wallin & Klarich to represent you in this difficult and stressful time in your life. Visit us at www.wkfamilylaw.com.

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Posted In: Family Law Issues

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You’re in the process of getting a divorce and have been for six months; however, you must legally wait six months to be divorced. Because you’ve been in the process for six months does this mean you are legally divorced? No, you are not. All of the necessary paperwork must be filed with the court and your judgment must be completed in order for your marital status to be terminated. If for some crazy reason you wanted to get re-married or for other personal/financial reasons, you would not be able to do so.

If you wish to be remarried you must hire a Wallin & Klarich attorney to file a motion to bifurcate status. We can appear in court with you and terminate your marital status even with your case that is on going. Therefore, if you want to get re-married or have another reason to want to change your marital status, and your case has been going on for more than six months, the attorney’s at Wallin & Klarich can help you, so please call us now at 888-743-0034 and visit us at www.wkfamilylaw.com.

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Posted In: Family Law Issues

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Prosecution must make favorable material evidence available to defendants. California court affirms defendants constitutional right to exculpatory evidence.

In the case People v. Ubire, the prosecution failed to give the criminal defense a video taken during the only physical medical examination of the alleged victim. 2008 DJDAR 7325. The victim alleged that the defendant, the alleged victim’s Grandfather, had raped and sexually assaulted her several times from age 5 to 11. Id. However, the alleged victim had many conflicting accusatory statements against the defendant. Id. Due to the inconsistencies, the testimony of medical experts became critical to the jurors determining the outcome of the case.

Three medical experts testified at trial. The first medical expert was the woman who conducted the examination and videotaped it. She concluded the victim did suffer penetrating trauma based on the examination. Id. at 7331. The second medical expert, called by the defense, concluded “with reasonable medical certainty this [penetrating trauma] did not happen.” Id. at 7332. Further, the second expert for the defense testified that one of the pictures the other medical experts are relying on is not even a picture of the hymen. Id. The defense’s expert based this opinion on photos taken during the examination. The third and final expert called by the prosecution testified that there was penetrating trauma and it was not a close call. Id. at 7332. However, this testimony was again based on pictures taken during the physical examination of the alleged victim. Id. at 7332.

On May 21, 2008 the California Court of Appeal determined that prosecution’s nondisclosure of video taken during medical examination of the alleged and only victim violated the defendant’s constitutional rights. People v. Ubire, 2008 DJDAR 7325. The court concluded 1) The video was favorable to the defendant, 2) the evidence was suppressed, and 3) the absence of the video did not allow the defendant to have a fair trial.

Continue reading "Defendants Have Right to Exculpatory Evidence" »

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Posted In: Criminal Defense

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If you have arrears that are owed for child support or spousal support and the other party has agreed to waive arrears for a lower amount that you will pay them in a lump sum. You would need to have an agreement and stipulation drafted, signed, and filed with the court. If the Department of Child Support Services (DCSS) is involved, then you will need to contact them and get a print out of what is owed. You will need to find out if it is Aid or Non-Aid Arrears and you will need to talk to the DCSS attorney, who represents the other party.

If DCSS is in fact involved and if the money owed is Aid arrears then that means the other party was receiving aid from the county, (i.e. food stamps, welfare, etc.), then the other party cannot accept a lump sum and waive the arrears owed. This is because that money is owed to the county and not to the other party, even if the other party is no longer receiving aid. If they have never received aid, but went through the department of child support services then you will still need to contact the attorney for DCSS and ask what the arrears are, get a print out, and draft the stipulation. DCSS will have to stipulate, as well as the other party. DO NOT give any payment towards arrears to the other party without a signed and notarized stipulation, and you must first find out if DCSS is involved. If DCSS is not involved then the other party can agree to waive the arrears in the stipulated and notarized agreement. This is a difficult issue and you will need an attorney to help you with this situation, the attorney’s at Wallin & Klarich are ready to help you, so please call us now at 888-749-0034 and visit us at www.wkfmailylaw.com.

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Posted In: Family Law Issues

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The court commissioner found Thursday that Britney Spears was still unable to participate in any meaningful way in legal proceedings and needs further tests. The court will not make further determination without further medical testing and diagnosis. In making their decision, the court found it odd that Britney Spears has now developed a relationship with Mel Gibson. Britney Spears was previously granted limited access to her two children, but the visitation has not been increased at this time.

It is important to have an attorney represent you in a custody battle when the other parents exhibits signs of mental illness that can lead to poor decision making. Wallin & Klarich has over 30 years experience in family law matters and can assist you in making the determination when a mental health evaluation is necessary. Mental health evaluations (730 evaluations) are helpful in many cases in proving that the other parent has mental issues and should not have custody of the children based on their illness. Wallin & Klarich know when to use this tool to benefit our client and how to use the results of the evaluation to our advantage. This is not an easy situation and requires the help of an attorney. A Wallin & Klarich attorney is ready to help you fight for custody, so please call us now and visit us at www.wkfamilylaw.com.

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Posted In: Child Custody Issues

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The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a warrant. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling methamphetamine out of his home. The police sent an undercover informant into Callahan’s home to purchase drugs. When the informant, who was wearing a wire, purchased the drugs, he signaled police, who, without the benefit of a warrant, entered Callahan’s home and arrested him. Criminal charges were subsequently dropped against Callahan when the criminal court ruled that the conduct by the officers violated Mr. Callahan’s Fourth Amendment right to be free from unreasonable searches and seizures.

Mr. Callahan subsequently filed a lawsuit against the police in federal court for violating his constitutional rights. The US District Court dismissed his case, and, on appeal, the US Court of Appeals re-instated the lawsuit and the officers sought review before the US Supreme Court.

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Posted In: Law & Information

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Senate Bill 619 was enacted as urgency legislation in October 2005. Eventually, Penal Code section 1210.7 and Penal Code section 1210.16 was enacted. This law allows local probation departments to use these global positioning devices to those who require a high level of supervision. Penal Code section 1210.12 gives the probation department sole discretion regarding who should be wearing the GPS device and establish written guidelines consistent with the terms and conditions of probation.

Potential guidelines are as follows:

-Probationers supervised on enhanced supervision caseloads
-Probationers supervised in the Sexual Offender Unit
-Probationers supervised in the Domestic Violence Unit
-Probationers supervised in the Gang Unit
-Any probationer deemed high risk by the chief probation officer

Wallin & Klarich are very familiar with these new laws and how they are administered in each county in California.

If you are facing a criminal charge in Orange County, it is important to seek competent legal counsel. At Wallin & Klarich, you can be assured competent representation and knowledgeable attorneys that understand issues with the Global Positioning Systems. The world is changing with the advent of new and improved technology. We understand the privacy issues involved if you or a loved one was monitored 24/7 while on probation. There is simply too much at stake not to hire the best attorney. Wallin & Klarich will be here when you call

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The lawyers at the Wallin & Klarich San Diego office spend a great deal of their time in court representing clients accused of crimes. We know the judges. We know the prosecutors. We know the other criminal defense lawyers. And we know the law. Because we have so many opportunities to see other lawyers in court, we also know that many of them do not know the law. By way of example, on two different occasions within the last two weeks, two different veteran criminal defense lawyers appeared in front of the judge and obviously did not know the law; both cases were DUI cases. I emphasize that these were two seasoned, veteran, experienced criminal defense lawyers who did not know current DUI law. How can that be? At Wallin & Klarich, we find it absolutely astonishing that a lawyer can practice criminal defense without knowing basic DUI laws. We would think that you would find it astonishing as well.

You should be wondering how such supposedly knowledgeable attorneys can get by without knowing the law. The reason is because the law changes frequently. An attorney who practices criminal defense needs to know the United States and California Constitutions, the Penal Code, the Vehicle Code, and about a dozen other California codes, in addition to administrative rulings, executive orders, and case law (which are updated every single day). The problem that the two lawyers referenced above had was that California DUI laws changed a couple of years ago, and they didn’t appear to understand the new DUI/DMV laws. Yes, a couple of years, not a couple of months, ago. Apparently, those lawyers did not feel it necessary to maintain knowledge of the many new laws that come in to play which have serious adverse effects on their clients. What’s that you say? Yes, we agree, it is extremely unfortunate for their clients.

Continue reading "Making Sure Your Lawyer is Familiar with Current Law" »

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Posted In: Criminal Defense

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“I ‘ain’t’ telling you nothing.” Believe it or not, the United States Constitution allows you to tell that to any law enforcement agent, when questioned by them! Under the Fifth Amendment to the Constitution, we all have a right to remain silent! While many of us might have learned about this right in grade school, most times we forget about it and do not exercise it.

Chances are most of us have been approached by a police officer, whether it be during a simple traffic stop or for something more serious. During these times, there are several reasons why we might forget to exercise this right when questioned by law enforcement. For example, we might get nervous when approached by the police, many of us have been taught in school that the police are good and so we assume we are doing the right thing by talking to them, or we might think we are being untruthful unless we talk to the police, etc.

Nonetheless, it is in your best interest to exercise your right to NOT make any statements and/or answer any questions. Many times our words can get misconstrued by police, used against you later, etc. The only thing that you are required to do when approached by police is to identify yourself (or if driving a vehicle provide proof of insurance and registration) and THAT IS IT! Many people make the mistake of assuming that they were ok to talk to police because they were not read their Miranda rights. However, you do not need to be read your Miranda rights in every instance. Thus, there is a good chance that what you say could be used against you, even if you were not read your Miranda rights.

Continue reading "Exercising Your Right To Remain Silent" »

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Posted In: Law & Information

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"Go Back to Your Country!” This is what several Los Angeles gang members could be hearing soon if some local politicians have their way. Dennis Zine, a Los Angles City Councilman, proposed a policy last week that would require police officers from the LAPD to report gang members who are in the United States (US) “undocumented” (and/or illegally) to Immigration officials!

As part of the policy, police officers would be required to report “undocumented” gang members who are not even under arrest to Immigration. Even more alarming is that under this policy, if a police officer is not sure whether a gang member is in the US “undocumented” or not, they would be required to investigate the gang member’s immigration status, if the officer has a hunch that the gang member might be “undocumented.”

Continue reading "Undocumented Gang Members Run Risk of Being Deported" »

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Posted In: Immigration Matters

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Do the police listen to calls coming from the jail? Absolutely! The San Diego Sheriff tapes every call made from the jail. Here’s how it works.

Inmates can call out collect. To make the call, they are supposed to use their booking number. The calls are all saved in the computer. The people on the sheriff system can simply enter the booking number and up pops all calls made using that booking number. They can also identify who is called. That’s bad enough. It gets worse. The San Diego County District Attorney’s Office is booked into the sheriff system. The District Attorney can sit in their office and access jail calls. That includes calls between an inmate and his san diego criminal defense attorney. They deny listening to attorney calls. But, isn’t it just so tempting?

BE CAREFUL. Don’t talk about the case, the witnesses, or the evidence. There is no such thing as a confidential call where one person is in the San Diego County Jail.

Sometimes an inmate needs to call his California criminal defense attorney. That’s where experience comes in. Experienced criminal attorneys know how to talk on the phone and avoid the pitfalls of taped calls. Don’t take a chance with amateurs. Call the experienced criminal attorney’s at Wallin & Klarich. Call us at 888-749-0034 and visit us at www.wklaw.com.

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Posted In: Jail and Misdemeanors

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You can be put to death by lethal injection! This is the ruling of the United States Supreme Court. The court ruled a few weeks ago that it was constitutional for states to execute certain condemned criminals, as long as the procedure was done properly.

States had halted executions for seven months, so this issue could be decided by the Supreme Court. In California violent felony convictions, there was a two year halt to executions. Many legal experts feel that this latest ruling will now allow California to continue to execute criminals by the end of the year. Nonetheless, as of right now, there is still a moratorium on executions in California.

Currently, there are 650 people on Death Row in California. Of these 650 people, five have exhausted all of their appeals and are eligible to be executed when and/or if the moratorium is lifted. The issue is certainly highly controversial and will continue to be debated in California. Wallin and Klarich will monitor this issue closely, as it definitely has an impact on the criminal justice system.

Wallin and Klarich has been in the business of helping people with their criminal matters in their time of need for over 30 years and we would like to help you with yours! If you have a question regarding the death penalty or any other violent crime defense case, call Wallin and Klarich today. We are always available 24 hours a day, 7 days a week.

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Posted In: Law & Information

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It is not uncommon for parties in a family law case to allege drug use and drug abuse against the other parent in custody disputes. The most common methods used today to determine if someone is “dirty” or has used illegal drugs recently is the use of the hair follicle test and the urine test.

The hair follicle drug test can trace the use of illegal drugs over the past several months, while the urine drug test can detect only certain illegal substances and can only be traceable back to several weeks. Presently, the family law courts are mandated by Federal Mandatory Guidelines when it comes to ordering testing for illegal substances.

In other words, the courts have to use the least intrusive method of drug testing which is presently the urine drug test. The courts can still order a hair follicle drug test so long as that individual voluntarily agrees to it. Beware, some courts will actually use a refusal to drug test by hair follicle against that party refusing it, among other factors such as a past criminal record for illegal drug use.

A “dirty” test by itself does not automatically mean that you lose custody and/or visitation rights of your children. There are other relevant factors that the court has to determine when making custody and visitation orders.

Having an experienced and knowledgeable family law attorney from Wallin & Klarich will make the difference when it comes down to disputes in custody or any other issues in family law. Call us or visit us at www.wkfamily.com We will be there when you call.

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Posted In: Family Law Issues

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A judge in Arizona has thrown out 49 breath test results because the breath machine’s manufacturer has refused to turn over the internal workings of the machine to the defense. The internal workings or “source code” is the computer code that is used by the manufacturer to measure the blood alcohol concentration in a person’s breath. A recent study has found that if the source code was inaccurate the breath test result was not accurate. Manufacturers have been claiming that they cannot turn over the source codes because the codes are protected by copyrights. DUI Defense attorneys have claimed they are entitled to this information to determine if the machine was in proper working order.

If you have been arrested for a DUI, contact an attorney for the law firm of Wallin & Klarich. & Klarich we will fight for you to make sure you get every legal benefit.

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Posted In: DUI & Drunk Driving

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