Southern California Defense Blog

It is important to have a knowledgeable family law attorney prepare and review any prenuptual agreement prior to marriage to protect your property.

New York Yankees Baseball star Alex Rodriguez had executed a prenuptial agreement with his wife prior to their marriage. However, when the parties filed for a divorce, his wife challenged the validity of the terms of the prenuptial agreement. Recently the parties reached a settlement of this dispute.

The law is clear. Even though the parties enter into a prenuptial agreement a reviewing court must find that the premarital agreement is in favor of public policy, or they will not enforce the terms of the agreement.

In order to comply with all of the requirements of premarital agreements is important to have a family law or divorce attorney write and review your agreement. Premarital agreements are entered into prior to marriage and may deal with the parties’ present and future property rights. In addition to meeting the strict legalities, a premarital agreement must also be entered into within public policy limitations on the enforceability of the agreement.

Continue reading "A-Rod Prenuptual Agreement Challenged by Estranged Wife, Now Settled" »

The California Highway Patrol utilizes fixed wing aircraft to nail speeders on highways. The California Department of Transportation painted “mile markers” on the highways to assist the CHP pilot in ascertaining the speed of the vehicle. These markers are large white lines that run perpendicular to the solid white emergency lane. You will see these markers shortly after passing the “Patrolled by Aircraft” sign. The pilot utilizes a stop watch to determine your speed from one mile marker to the other. He will then radio down to a waiting CHP officer to make the stop and issue the citation. However, these citations are ILLEGAL in California because the above scenario is considered a speed trap.

Speed traps are illegal in California and pursuant to California Vehicle Code Section 40801 “No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of any person . . . nor shall any speed trap be used in securing evidence as to the speed of the vehicle.”

Continue reading "California Traffic Lawyers can Take on "Eye in the Sky"" »

Heather Locklear was arrested for DUI on Saturday afternoon for suspicion of driving under the influence of a controlled substance in the Santa Barbara area.

Locklear was pulled over by a California Highway Patrol officer Saturday afternoon after a resident reported seeing the actress leaving a parking lot and driving recklessly.

In some cases the police may initially suspect alcohol intoxication when they stop a motorist who is observed driving erratically. The individual may perform poorly on field sobriety tests and then submit to a chemical test which reveals little, if any alcohol. When this happens, the police will generally conclude that the individual is under the influence of drugs or a combination of alcohol and drugs.

Continue reading "Heather Locklear Arrested on California DUI and Controlled Substance Charges" »

DUI-DMV hearing and the "10-Day-Rule": Save your driving privilege by calling a DMV lawyer to help you

Upon being arrested for DUI in California, the police officer should have taken your California Driver’s License and issued you a pink piece of paper, which serves as a temporary 30-day license.

After your arrest, you or your attorney has only 10 days to contact the DMV and request a California DMV Hearing to challenge whether your license will be suspended. Failure to do so will result in your forfeiture of the right to challenge the DMV’s suspension of your license and the end of the 30-day period, your license will automatically be suspended.

If you retain our southern California DMV lawyers at Wallin & Klarich, within the 10-day period after your arrest, our law firm can contact the DMV to ensure that your temporary license remains valid until you have your hearing, and if we win your DMV hearing then the DMV will not be able to suspend your license. For most people maintaining their driving privilege is critical for them to continue their job, attend school and otherwise live their life. Do not let the ten days pass without calling our office to help you.

Visit our website at www.wklawdmv.com for information about DMV issues and feel free to call us at 888-749-0034. We will be there when you call.

The El Cajon criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending San Diego County clients who are facing criminal charges, including misdemeanors, felonies, federal and internet crimes.

El Cajon, California lies within San Diego County. The city’s name, El Cajon means, in Spanish, “The Box.” Its derivation comes from describing the plot of land originally granted to the enormous Mission San Diego de Alcala that was used by missionaries in the area for farming. Today, with a population nearing 100,000 residents, El Cajon is a long way from its days as a parcel of farm land. With its now bustling population in mind, El Cajon needs experienced criminal defense attorneys to protect the rights of its citizens.

The southern California criminal defense attorneys from Wallin & Klarich are there to represent the criminal defendants of El Cajon. What sets us apart from other law firms outside El Cajon is our extensive knowledge of area judges and courts. Whether you’ve been accused of serious crimes like murder, assault, or sex crimes or even white collar crimes like fraud or forgery, the experience our El Cajon DUI defense attorneys have in working with local judges and district attorneys allow us to quickly and effectively devise a solid defense strategy for your case.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing criminal charges in El Cajon, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today.

Drug programs may be a new alternative to jail time for felony burglary, felony grand theft and other offenses if new law passes

A California ballot measure that purports to help drug offenders is being opposed by virtually every law enforcement organization in the state. Proposition 5, The Nonviolent Offender Rehabilitation Act of 2008 (NORA) allows drug users arrested for “non-violent” felonies including domestic violence, child abuse, commercial burglary, identity theft, vehicular manslaughter, grand theft, and felony drug dealing, to be diverted to a community treatment program rather than face prosecution and punishment. The measure effectively eliminates drug courts and allows defendants to commit up to four of these felonies before actually being held accountable by the criminal justice system.

If you are faced with a drug-related criminal matter, contact an experienced attorney from the law firm of Wallin & Klarich. Call us toll free 888-749-0034 and visit us at www.wklaw.com. We will be there when you call.

Woodland Hills, California is located in the southwestern area of the San Fernando Valley. With a population of approximately 70,000 and growing, the area around Woodland Hills is bustling with commuters, commerce and small business ventures. The Woodland Hills Country Club, the entertainment complex, ‘The Warner Center’ and a new transit hub, the western end of the orange line, have all added to the popularity of this region.

The Woodland Hills criminal defense attorneys at Wallin & Klarich have more than 30 years of experience defending southern California defendants who are facing criminal charges, including misdemeanors, felonies, DUI/DWI and DMV hearings. Wallin and Klarich lawyers regularly represent persons accused of felony and misdemeanor charges who reside in the Woodland Hills area and are familiar with the judges and prosecutors who will likely be assigned to your case. Our highly qualified attorneys know the procedures followed in all courts in southern California and that is one reason we are able to achieve such positive results for our clients.

Our law firm has over thirty year experience in helping our clients clean up their criminal records, helping clients in defending them against Woodland Hills federal crime charges, restraining order violations, driving on suspended license or concealed weapons charges as well as various violent crimes and white collar crimes. The vast experience of our southern California criminal defense attorneys ensures that the law offices of Wallin & Klarich will have the resources required to help you with your Woodland Hills criminal defense case.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. If you or someone you love needs a criminal defense attorney in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-280-6839 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

Why hiring a skilled criminal defense attorney can help you avoid a criminal conviction

We often receive questions about how a person who has plead guilty to a crime can return to court and withdraw his guilty plea. The answer is that in some cases we will be able to accomplish this for our clients but in others we may not be able to do so.

The law states that after entry of a plea of guilty or nolo contendere and before sentence, the court should allow the defendant to withdraw the plea for any “fair and just reason”. To determine what is “fair and just”, the court should weigh any prejudice to the prosecution caused by reliance on the defendant's plea.

Continue reading "Avoiding Criminal Conviction With Your Criminal Defense Attorney" »

West Covina, California is a community of 110,000 residents covering 17 square miles, located in the San Gabriel Valley just 20 miles east of Los Angeles. The city hosts two regional shopping malls and has a strong civic base of community involvement. West Covina is a diverse city with a booming economy. The city has attracted many large businesses like Mercedes-Benz, large film complexes like Regal Entertainment, and Big League Dreams Sportsplex. The city has two major shopping areas and continues to grow in its commerce and population.

The West Covina criminal defense attorneys of Wallin & Klarich are here to help with the enormous case loads generated by such a tightly-packed city. We handle a vast array of criminal defense cases ranging from violent crimes like West Covina sex crimes, domestic violence, assault, homicide or armed robbery, to non-violent crimes such as West Covina drug crimes, juvenile law, school expulsion hearings or vandalism. Whether you have a California criminal appeals case or you are going to trial for the first time, the West Covina criminal appeals attorneys at Wallin & Klarich can protect your rights and secure the best outcome for your case.

At Wallin & Klarich, we’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing criminal charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-280-6839 to get in contact with a legal professional today.

Jury is selected on Friday, September 12, 2008 for OJ Simpson trial after nearly 500 potential jury members are rejected.

After over a month of screening, the 12 person jury along with the 6 alternates was selected for the OJ Simpson trial in Las Vegas, Nevada. The 500 potential jurors filled out a 26-page questionnaire which eliminated more than half immediately.

O.J. Simpson, now 61 years old and 13 years removed from his 1995 Los Angeles murder trial, is being charged with felony kidnapping, armed robbery, conspiracy, burglary, coercion, and assault with a deadly weapon; among other charges. The charges stem from a confrontation in a hotel room last September after which Simpson and four other men allegedly carried guns with pillow cases stuffed full of sports memorabilia and left a Las Vegas hotel.

Judge Jackie Glass rejected defense attorney Yale Galanter’s request to ask if they (the potential jurors) thought Simpson was a murderer. When the potential panel was brought in for questioning, Glass lectured the group saying “ If you are here thinking you are going to punish Mr. Simpson for what happened in Los Angeles in 1995, this is not the case for you.”

Continue reading "Jury Selection Comes to Close in OJ Simpson Trial" »

The Culver City criminal defense attorneys at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing criminal charges, including everything from misdemeanors to felonies to DUI/DWI and DMV hearings. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients the Culver City felony defense they need to guarantee a favorable result in their case.

Culver City, California lies on the western side of Los Angeles County. Culver City has been important to the motion picture industry almost as long as there has been a motion picture industry. It is home to Sony Pictures Studios, formerly MGM Studios, Hal Roach Studios and Culver Studios. Literally hundreds of films, from classics to modern television sitcoms, have been filmed inside studios located in Culver City. Given the high profile status of many that live and work in Culver City it is of the utmost importance that any criminal charges they face be handled by the best criminal defense attorneys.

The Culver City criminal defense attorneys from Wallin & Klarich have the expertise and resources to make sure that high and low profile cases are resolved promptly and professionally. Whether you are facing Culver City drunk driving offenses, federal crimes, military crimes or even theft crimes, the Culver City DUI attorneys at Wallin & Klarich will exhaust every possible resource to protect your rights.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing criminal charges in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-280-6839 to get in contact with an attorney today.

Contrary to what you might have been taught when you were a youngster, the police do not always tell the truth! This is a sad realization that happens more than one would think. As criminal defense attorneys in Los Angeles, we see it all the time. Some examples of police dishonesty that we come across include police lying to suspects during interrogations in order to get them to talk, inaccurate and/or erroneous police reports, etc.

In Los Angeles, the dishonesty of the LAPD has resulted in the dismissal of two high profile criminal cases over the last few months. In one of the cases, a LAPD detective was caught lying after being presented with radio recordings that contradicted his testimony about a stakeout. This forced the Los Angeles County District Attorneys office to dismiss an attempted murder case last month against an individual who had been in custody for 3 years fighting these charges!

What this case shows is that if you believe the police have been dishonest during the investigation of your case, chances are, you might be right! If you or a loved one have been charged with a crime or are being investigated for a crime, call Wallin and Klarich today. Wallin and Klarich has been in the business of helping people stand-up to dishonest cops and has helped people with their criminal matters for over 30 years! We have experienced knowledgeable attorneys available to answer your calls 7 days a week, 24 hour a day! Call us toll free 888-749-0034 and visit us at www.wklaw.com.

Vehicular Manslaughter Case Results in Probation for Defendant Due to Excellent Work by his San Diego Criminal Defense Lawyer

On September 10, 2008 19-year-old Alec O’Keefe was ordered to serve a year in county jail and was placed on five years’ probation. In January of 2008, O’Keefe was arrested for vehicular homicide of a homeless man walking on a Midtown street. O’Keefe pleaded guilty to the gross vehicular manslaughter charge in July, 2008.

The defendant's skilled San Diego criminal defense lawyer argued to the court that due to Mr. O’Keefe’s age, level of remorse, and commitment to rehabilitation, that he should be given a chance and be placed on probation and not be sentenced to state prison. San Diego Superior Court Judge Jeffrey Fraser commented that O’Keefe is “getting a break” and should take advantage of that. The emotional hearing ended with O’Keefe’s sentence which was a much lighter sentence than the Deputy District Attorney Melissa Vasel asked for. Vasel had urged the judge to sentence O’Keefe to six years in prison.

This case is yet another example that when someone you love is accused of a felony offense you cannot afford to wait. You should immediately retain the services of a California felony defense attorney from Wallin and Klarich, as our AV RATED criminal defense firm has over 30 years of experience helping people stay out of prison when they find themselves facing state prison due to felony charges. Visit our site at www.wklaw.com or call us 24 hours a day 7 days a week at 1-888-749-0034!

WHETHER YOU ARE CELEBRITY OR NOT WHEN YOU TAKE THE LAW INTO YOUR OWN HANDS AND ASSAULT A PHOTOGRAPHER YOU ARE GOING TO NEED A SKILLED LOS ANGELES CRIMINAL DEFENSE ATTORNEY TO HELP YOU

It was reported that Kanye West was arrested for Assault with a Deadly Weapon at LAX on Thursday morning. This is a very serious charge.

Mr. West may not realize that he is facing a crime that carries a possible state prison sentence. What the District Attorney decides to file as the actual charges against Mr. West will depend in part upon his prior criminal record and what the police reports state. It is extremely important that he retain an experienced criminal defense law firm NOW so that the law firm can attempt to meet with the District Attorney and try to convince them to reduce the charges to simple misdemeanor assault before Mr. West appears in court.

Continue reading "Rapper Kanye West Charged With Assault With A Deadly Weapon at LAX" »

Our experienced criminal defense lawyers in California frequently are contacted by family members of individuals who have plead guilty to a crime and been sentenced to serve time in state prison. These concerned family members want to know whether we can take their loved ones case back to court and ask the judge to modify the sentence or reduce the sentence.

In most cases, the judge that sentenced the defendant to prison only has a specific period of time in which he can recall the case and re-sentence the defendant. This typically happens when the judge realizes that some error has occurred, and it is done within 120 days of the original sentence. Other than that, in order to change the sentence, you have to have a criminal defense law firm review all of the facts of the case to see if there was a violation of the defendants constitutional rights. If we find that there has been such a violation then we can consider bringing a writ of habeas corpus on behalf of your loved one.

Continue reading "Is Sentence Modification or Reduction Possible for Me?" »

Are you or a loved one charged with or convicted of a sex crime? If so, a host of complicated legal issues await you. The California sex crime defense lawyers at the law firm of Wallin & Klarich has represented thousands of individuals over the past 30 years that have had legal issues with the justice system regarding sex crimes. Issues such as:

1) Successful representation at the trial court level for those charged with sex crimes – Navigating a sex case in our criminal justice system is not easy and requires an attorney with skills and knowledge specific to sex cases. From how the investigation is conducted, to retaining the proper experts, crucial aspects of the case are at stake and poor representation at the trial level will have grave implications for your life… such as registering as a sex criminal for life and potential jail and/or prison. Extraordinary problems such as this require the services of extraordinary attorneys at Wallin & Klarich.

2) Representing people who are seeking exclusion from internet disclosure that they are a registered sex offender- Over the past 30-40 years, countless sex offenders have been agreeing to plea agreements not knowing that one day, their name will be on an “internet”. That simply did not exist when the plea was entered into. The defendant is tough out of luck. Unless your attorney can present to the Attorney General of California sufficient record to establish an exclusion, your name and information will be on the internet for all to see. Wallin & Klarich understand the exclusions from disclosure.

Continue reading "Sex Crime Law and Megan's Law Hysteria " »

Beverly Hills, CA is a city located in western Los Angeles County. Home to multi-million dollar homes and retail outlets that cater exclusively to the rich and affluent, Beverly Hills is as famous for its high-priced sales boutiques as it is its high-powered Hollywood clientele. In an area where extravagance and luxury are the norm, the residents of Beverly Hills can consider themselves amongst the richest in all of the United States and the world.

This wealth and status, however, does not exempt Beverly Hills citizens from infractions with the law. To the contrary, with so much to lose, those accused of a crime in Beverly Hills need the assistance of an experienced Beverly Hills criminal defense attorney to ensure that their rights, assets, and stature in the community, are protected.

The southern California criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending Beverly Hills clients who are facing criminal charges, including misdemeanors, felonies, DUI/DWI and DMV hearings. Our extensive knowledge of area judges and courts allows us to offer our clients the highest level of service and a quality criminal defense. Whether you’ve been accused of serious crimes like assault, robbery, or sex crimes, violent crimes like homicide or battery, or even white collar crimes like embezzlement or fraud, our experienced Beverly Hills White Collar Criminal defense lawyers have the experience necessary to insure the best result for your criminal case.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing criminal charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

The next time you are in court be mindful of what you say in court and how you say it. In particular, the Family law courts. There have been instances in family law courts where the judge has completely disregarded and brushed off a mediator's recommendation. A complete and total 180.

In one instance, before the court hearing, the mediator recommended physical custody to the mother who represented herself in court. The mother in addressing the court at the hearing was aggressive in her tone and demeanor towards the judge. The court took offense and made a finding against the mother for custody of the child. It is not blatantly done by the courts but it does happen. The mother always represented herself in court in this matter and was unfamiliar with the idiosyncrasies of the court and the personnel. Had she been represented by a competent Southern California child custody attorney, the outcome would likely have been very different. This is what makes the difference between representing yourself and having a competent and skillful attorney like the ones at Wallin & Klarich.

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 as California family law attorneys, contact the attorneys at Wallin & Klarich to represent you in this difficult and stressful time in your life. Visit our website at, www.wklaw.com and feel free to call us at 888-749-0034. We will be there when you call.

With the Labor Day weekend approaching, motorists are being warned to not let their "end-of-summer celebrations" draw to a close with a DUI arrest. Law enforcement agencies throughout California and the United States for that matter will be cracking down on drunk driving in California during the weeks leading up to Labor Day. They will be using additional federal traffic safety funds to step-up their patrols and will specifically be looking to take drunk drivers off the road.

The penalties for a DUI can be very harsh and expensive. In California, the DMV can move for license suspension for 4 months for a first offense and 1 year for a second or subsequent offense within the last ten years. Meanwhile, the Court can require you to spend between 48 hours to 6 months in jail for a first offense and between 10 days to one year for a second offense within the last ten years! Moreover, the Court can impose a fine anywhere from $390.00 to $1,000.00, and can add additional fees to these fines, making the total amount of money owed several thousands of dollars (and your car insurance rates will probably go through the roof as well).

So be careful and be smart: do not drink and drive. However, if you or your loved ones find yourselves caught-up in the middle of a DUI, call Wallin and Klarich immediately! Wallin and Klarich has been in the business of helping people with their DUI and other criminal matters for over 30 years! We have experienced knowledgeable attorneys available to answer your calls 7 days a week, 24 hour a day! Call us at 888.280.6839 and visit our website, www.wklawdui.com.

The actions of a California criminal appeals lawyer recently compelled a California Court of Appeals to strike down as unconstitutionally overbroad a term of probation that stated that the defendant was not permitted to "associate, socially, nor be present at any time, at any place, public or private, with any person, as designated by his probation officer."

In People vs. O'Neil, the First District Court of Appeals decided on August 13, 2008 that this type of probation order does not provide the defendant with any notification of "who" he can associate with or not associate with. Further, the court stated that it provides the probation officer with far too much power to dictate what persons the defendant can associate with.

The court stated that this term of probation would interfere with the defendant's constitutional right to "associate with others" as well as to travel. The court made clear that it would be permissible of the probation terms stated a specific "class of people" that the defendant could not associate with. In this case, since the defendant had pleaded guilty to transportation and possession of drugs, the court said that a valid term of probation would be for the defendant not to associate with "known drug sellers or drug users".

It is critical that before you agree to probation you completely understand the "agreement" you are entering into with the court and the probation department. If you violate any of the terms you agree to follow you can be returned to court and sentenced to county jail or prison. Be smart. Do not accept a "plea bargain" where you will be on probation without making sure your lawyer goes over all of the specific terms of probation you are agreeing to.

You can contact the California criminal appeals attorneys at Wallin and Klarich, 24-7, to discuss your pending legal matter. Call us toll free 888.280.6839. We will be there when you call. Visit us at www.wklaw.com