Compassionate release program may assist state prison inmates with early release from prison

November 30, 2008,

Of the various ways California prisoners may try to be released from confinement early, only a few capable Southern California criminal defense lawyers are aware of a method called compassionate release. Prisoners are occasionally freed from prison if it can be show that they have six months or less to live, and that they no longer present a threat to society. The program is designed to ensure that prisoners who are terminally ill are no longer punished through imprisonment.

Unfortunately, compassionate release is not commonly granted, with only about a dozen prisoners per year being released early under the program. However, due to California prisons inability to provide adequate medical treatment to the prison population, it is anticipated by many that the number of prisoners granted compassionate release will rise in the coming years.

This and other programs that exist for prisoners often go unmentioned by attorneys simply because they are not experienced enough and don’t have the knowledge base to be aware of these opportunities for their clients. For that very reason, it’s of the utmost importance that you retain an extremely experienced and knowledgeable criminal defense attorney to represent you as that will give you not only the best shot at freedom, but also the best shot at taking advantage of opportunities such as compassionate released that are not very well known in the legal community.

The California criminal defense attorneys at Wallin & Klarich have over 30 years of experience and are ready to defend you in your criminal case. Our qualified and competent defense attorneys are waiting for your call! Just call us at 1-888-749-0034 or visit us on the web at www.wklaw.com for more information on how we can help you fight and resolve your criminal matter.

Felony Assault and Solicitation Charges against LA Police Office

November 29, 2008,

LAPD officer charged with soliciting sex and sexual assault in Los Angeles to a young west LA woman

Officer Russel Mecano was charged Tuesday November 4, 2008 with one misdemeanor count of solicitation of prostitution and felony counts of sexual battery by unlawful restraint, penetration by a foreign object by a public official, and penetration by a foreign object under duress.

The 40-year-old eight-year veteran of the LAPD officer was indicted in October 2008 but was kept secret. The indictment accuses Mecano of preying on young women he came into contact with while patrolling in West Los Angeles. If you find yourself in a situation such as this one, it is of the utmost importance to retain the services of a qualified and competent California sex offense defense attorney to fight for your freedom.

If convicted, Mecano faces up to 12 years in prison. When facing serious sexual assault or battery charges, it’s very important to have proper legal representation. When it’s your freedom that’s on the line, the best thing you can do for yourself is get a knowledgeable, experienced, and aggressive attorney that will fight for your freedom even with a heavy sentence possibility such as in this case.

An aggressive Los Angeles criminal defense lawyer will fight for you and make sure that you get the best possible result for your case. We at Wallin & Klarich have over 30 years of experience in criminal defense and will fight for you! Call us 24 hours a day 7 days a week at 1-888-749-0034 to speak to one of our qualified and aggressive defense attorneys today! Visit us at www.wklaw.com.

Felony Grand Theft and Insurance Fraud Conviction against Los Gatos Chiropractor

November 28, 2008,

Los Gatos chiropractor to serve two years in prison for insurance fraud

Robert Arnold Demarco, a 42-year-old chiropractor was convicted of defrauding insurance companies of more than $250,000 by over billing for services he didn’t perform.

The Los Gatos Chiropractor was sentenced to two years in state prison by Santa Clara Superior Court after pleading guilty to one count of felony grand theft in California and one count of false insurance claim. Along with the prison sentence, which began on Monday November 3, 2008, the conviction instigated an investigation by the California Board of Chiropractic Examiners which could ultimately revoke Demarco’s chiropractic license.

The two year prison sentence for the insurance fraud, prosecutors say, came due to the amount of money that was involved and Demarco’s refusal to pay back the money. Regardless, the two year sentence is a very steep one for this crime and may raise eyebrows as to what kind of work Demarco’s defense lawyer did. With proper legal representation, one always has the best shot at (1) freedom and at very worst a fair and thorough trial and sentence. Unfortunately for Demarco it does not seem that his defense attorneys did all they could as he is serving prison time.

The Santa Clara criminal defense attorneys at Wallin & Klarich have over 30 years of experience in criminal defense and are sure to get you the help you need. Call us 24 hours a day 7 days a week at 1-888-749-0034 to speak to one of your qualified and aggressive criminal defense attorney that will put everything they have into defending you and getting you the best result possible in your criminal matter. Visit us at www.wklaw.com

Newport Beach Murder Suspect Sentenced to Death

November 28, 2008,

29-year-old man sentenced to death for murder of Newport Beach couple

A Santa Ana jury Thursday ordered the death penalty for Skylar Deleon who was convicted on October 21, 2008 for the 2004 murder of Tom and Jackie Hawks. The Newport Beach murder took place on their yacht where the couple was allegedly was lashed to the anchor of the yacht and thrown overboard.

Deleon was also found guilty of a 2003 murder of John Peter Jarvi, an Anaheim man who was found dead in Mexico after Deleon stole $50,000 from him. Deleon’s attorney conceded his client’s guilt but argued that Deleon did no deserve the death penalty as he had been abused as a child and had been extremely troubled.

Regardless of the defense lawyer’s argument, the jury was swayed by the prosecutors and an expert witness who was called to testify against the claim that the Newport Beach child abuse could lead to the murder. A competent criminal defense attorney would fight for your freedom in a case such as this in order to get you the fair trial and sentence you deserve. Having a qualified defense lawyer is important as they will pay attention to detail, listen carefully, do the research, and aggressively attack the prosecution in order to best serve you in your criminal case.

The Santa Ana criminal defense attorneys at Wallin & Klarich have over 30 years of experience in criminal defense and will get you the help you need. Call us anytime at 1-888-749-0034 to speak to one of our aggressive defense attorneys who will work with you and fight for you to resolve your pending criminal matter. Visit us at www.wklaw.com.

California Appeals Court to Hear Hollywood Movie Director's Guilty Plea Withdrawal

November 26, 2008,

Director of "Die Hard" movie appeals decision with argument to withdraw previous guilty plea

U.S. District Judge Dale S. Fischer may have to reconsider Hollywood movie director John McTiernan’s argument to withdraw his guilty plea of lying to the FBI over his links to disgraced private eye Anthony Pellicano.

Fischer sentenced McTiernan to pay a $100,000 fine and serve four months in prison back in September 2007. Fischer may have to reevaluate the sentence though as a 9th U.S. Circuit Court of Appeals panel held that the judge should have listened to McTiernan’s argument more closely in regards to withdrawing his guilty plea. The Tuesday October 21, 2008 decision vacates McTiernan’s conviction and sends the case back to Fischer for an evidentiary hearing.

The evidentiary hearing, the panel strongly hinted, could result in a plea withdrawal and a chance for the millionaire director to convince Fischer to suppress certain evidence; specifically a phone conversation Pellicano taped. This is a case in which the Hollywood criminal defense attorney may have not fully done everything that they could or should have as they did not get the discovery before agreeing to a plea bargain. McTiernan will likely challenge the validity of the evidence by motion to suppress.

This type of issue is exactly why it is so important to have a qualified and competent California appeals attorney that will ensure that they get all necessary documents ahead of time to review and get you the best possibly outcome.

We at Wallin & Klarich have over 30 years of experience in criminal defense and will get you the help you need! Call us anytime 24 hours a day 7 days a week at 1-888-749-0034 to speak to a competent and aggressive California criminal defense attorney that will help you resolve your criminal matter. Visit us at www.wklaw.com.

ACLU Study Reveals LAPD Racial Profiling

November 25, 2008,

Recent ACLU study released shows serious racial profiling by LAPD against African Americans and Hispanics

The American Civil Liberties Union released a study saying that “when compared with whites, African Americans and Hispanics are much more likely to be stopped, frisked, searched – with and without their consent – and arrested.” The study pertained to discretionary police stops in which whites were found to be much more likely to be found in possession of weapons, drugs, or other contraband than Blacks or Hispanics.

The report shows that African Americans are 166 percent more likely to be stopped by police, 127 percent more likely to be frisked, 76 percent more likely to be searched, 81 percent more likely to be subject to a search without consent and 29 percent more likely to be arrested than whites. Latinos were also found to largely be targeted more than whites with numbers similar to those of African Americans.

With studies such as this one being brought to the surface, it becomes clearer that this type of racial profiling by police does in fact exist and does play a part in the discretionary stops that police officers make. If you find yourself a victim of these often unlawful stops, and are accused or arrested for a crime unjustly you still need a California criminal defense lawyer to prove your innocence! Don’t be subject to abuse of power!

With over 30 years of experience, there is no one more qualified to defend you than Wallin & Klarich. Call Wallin & Klarich and we will help you resolve your criminal matter. Call us at 1-888-749-0034 and speak to one of our aggressive Los Angeles criminal defense attorneys who will help you resolve your matter. They are available 24 hours a day 7 days a week all you have to do is call! Also, visit us at www.wklaw.com

Torrance Divorce Lawyers and Family Law Attorneys

November 25, 2008,

The Torrance family law attorneys at Wallin & Klarich have more than 30 years of experience defending Los Angeles County clients who are dealing with spousal support, modification of custody or restraining orders.

Torrance, California is a community of nearly 140,000 residents that was founded nearly a century ago. The Torrance area was once known as a major oil-producing and refinement center. Though many of them have gone dry, thousands of oil wells and derricks once dotted the Torrance landscape. The Del Amo Fashion Center, another major economic landmark in Torrance, is one of the largest shopping malls in America with 2.5 million square feet of retail and restaurant space. The family law attorneys at Wallin & Klarich 18411 Crenshaw Blvd Suite 422 Torrance California 90504 know that the realities of living in a city with over 6,000 people per square mile are bound to stress relationships within family units.

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Felony Possession of a Dirk or Dagger in California Conviction Overturned on Appeal

November 24, 2008,

2006 switchblade felony conviction on appeal closes in favor of appellant, original charges reinstated

A December felony complaint against Gary Plumlee was recently reinstated the Superior Court of Tulare County. Plumlee was originally charged on December 4, 2006 with “carrying a dirk or dagger concealed upon the person” (pc 12020), a felony offense in California, and “using or being under the influence of methamphetamine.” Plumlee was picked up by a sheriff’s deputy at a Tule River Indian Reservation casino on august 26, 2006 after appearing intoxicated and “constantly moving around, unable to stay still.” The deputy searched Plumlee and found a closed switchblade in his pocket. Eventually Plumlee was taken into custody and tested positive for methamphetamine.

Plumlee contested the dirk and dagger charge claiming that the switchblade could not be considered a “dirk or dagger” unless it was in the open and locked position; the court eventually ruled against the plaintiff, denying the 12020 charge and reducing the charge to a violation of penal code 653k, a misdemeanor weapons charge. In December of 2007, an appeal was filed to reinstate the 12020 charge but was denied based on the fact that section 653k is “a very specific statute” and as such section 12020 does not apply.

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Former Georgetown Police Officer Convicted of Rape

November 23, 2008,

Former police officer convicted of raping a drunk woman after responding to a domestic disturbance call

Jimmy Lewis Fennell Jr., a former police officer in Georgetown, Texas, was convicted on Friday September 19, 2008 of raping a drunken woman after responding to a domestic disturbance call.

The 35-year-old former officer plead guilty back in May 2008 to “kidnapping and improper sexual activity with a person in custody.” The state District Judge Burt Carnes later rejected a deal recommending a two-year prison term along with 10 years of probation and a fine.

Fennell waived his right to a jury trial during Friday’s hearing and did not withdraw his guilty plea. Judge Carnes convicted Fennell on the two charges previously mentioned and set sentencing for September 26, 2008 when Fennell will face up to 10 years in prison for the kidnapping charge and up to two years in state chair and a $10,000 fine for the improper sexual activity charge.

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San Jose Murder Conviction Nearly 30 Years After the Incident

November 22, 2008,

San Jose rape and murder trial comes to a close as 56-year-old parolee is convicted of a 1979 murder

56-year-old Timothy William Brown was found guilty of raping, beating, and stabbing to death a mother of two in 1979. A Santa Clara County jury closed the 30-year-old case on Thursday September 18, 2008 as they found Brown guilty of the San Jose murder of Virginia Correa, an electronics technician and mother of two who had last been seen back on January 15, 1979.

Nearly 30 years passed with no arrests but two years ago, DNA evidence linked a semen stain found on Correa’s clothing to Brown. At the time when the DNA link was made, Brown was in Corcoran State Prison serving time for an unrelated parole violation. Authorities do not know what the connection between Brown and Correa was.

According to the prosecuting attorney, Brown will be sentenced on October 31, 2008 to life in prison without the possibility of parole. With such serious allegations and so much freedom at stake, it would have been essential for Brown to obtain the services of a talented and aggressive murder defense attorney.

Just because time has passed since a crime has been committed, does not ensure one’s safety. As new evidence arises, a case can be re-opened and you will most definitely face the consequences. We at Wallin and Klarich have over 30 years of experience in criminal defense and will give you the help you need. Do not hesitate to call one of our skilled and aggressive California criminal defense lawyers 24 hours a day 7 days a week at 1-888-749-0034 or visit our website at www.wklaw.com for information on the criminal charges you face and the services we can provide you.

Murder Conviction Allows for Parole in 25 Years

November 21, 2008,

19-year-old former University of Arizona student is convicted of first degree murder

Galareka Harrison, a 19-year-old former student at the University of Arizona was convicted of first-degree murder on Friday September 19, 2008. Harrison was convicted of murder in the death of her 18-year-old roommate Mia Henderson after she was found guilty of stabbing Henderson 23 times.

Harrison was also found guilty of three counts of forgery and one count of identity theft. Prosecutors said Harrison had planned the murder for several days after Henderson accused her of stealing her student ID charge card, social security card, checks, and $500 from her bank account.

With such serious and extensive allegations, it would have been very important for Harrison and her family to retain a competent murder, identity theft and forgery defense attorney. Harrison now faces life in prison, but could be eligible for parole after 25 years. With adequate legal representation, somebody being faced with such serious criminal charges has a chance at the sentence they deserve rather than the one prosecutors claim they deserve.

We at Wallin and Klarich have over 30 years of successful experience in the field of criminal defense and will give you the help you need. It is of the utmost importance to retain a criminal defense attorney who is competent and aggressive in order to ensure your justice. Call us 24 hours a day 7 days a week at 1-888-749-0034 or visit our website at www.wklaw.com.

California Child Abuse Index Law Held Unconstitutional

November 20, 2008,

Parents and others who have their name added to the child abuse index now can take legal action to have their names removed

A recent 9th Circuit Court of Appeal panel ruled that a couple’s inability to remove their names from the Child Abuse Central Index is illegal and unconstitutional. This case involved a married couple who were arrested for child abuse in California and placed on the Child Abuse Central Index after their rebellious 15-year-old daughter accused them of abuse. Two criminal courts later cleared them from criminal charges and their criminal arrest record was sealed. However, their names continued to appear on the child abuse central index.

The 9th Circuit Court of Appeals ruled that “The state’s system for maintaining its Child Abuse Central Index amounts to an unconstitutional due process violation because there is no system to challenge inclusion on the list.”

When facing criminal child abuse charges it is critical that you obtain the services of a criminal defense law firm that has experience in the area of child abuse. When you are falsely accused of a crime, you need to have a California child abuse defense attorney from a criminal defense law firm that is ready to stand up for you and fight for your freedom. Wallin & Klarich have over 30 years of experience in criminal defense and will get you the help you need. We know how to handle false accusations and our attorneys are knowledgeable and qualified to protect your rights to due process. You can call us 24 hours a day 7 days a week at 1-888-749-0034 for answers to your legal questions. Also visit us on the web at www.wklaw.com.

Palmdale Family Law and Domestic Violence Lawyers

November 20, 2008,

Palmdale, California is one of the largest cities in the Mojave Desert. Palmdale was and continues to be a key location during much of the research and development on many of the United States Air Force's modern aircraft. Some of the better known projects include the SR-71 Blackbird, F-117 Nighthawk, B2 Spirit and the F-35 JSF. It has certainly earned its nickname, "The Aerospace Capital of America", and even attracted Lockheed Martin's famous Skunkworks facility in 1989. Wallin & Klarich at 950 East Palmdale #M Palmdale CA 93550, has been defending the rights of those accused of violent crimes in Palmdale, especially while the city’s violent crime level continues to exceed state and national levels.

The Palmdale 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 Palmdale area and are familiar with the judges and prosecutors who will likely be assigned to your case. Our highly qualified Palmdale domestic violence 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.

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Criminal Defense Attorney Private Investigation Leads to Dismissal

November 19, 2008,

It really pays to hire an attorney who will independently investigate your case

My case started like a bad dream. One night, after being out all night with my girlfriend, I went over later in the evening to another one of my friend’s house to visit him. Little did I know, he was wanted by the police in connection with a shooting incident earlier that evening.

After I had been at my friend’s house for about half an hour, the police showed up and made us all go outside for questioning. Because I matched the generic description of one of the shooters, and the victims positively identified my friend, I was charged with being involved in a drive-by shooting. I was looking at up to 17 years in prison.

But fortunately, I made the right decision to immediately hire a qualified and competent criminal defense attorney. After reviewing my case thoroughly and doing some independent investigation, my California criminal defense attorney at Wallin & Klarich was able to get the charges completely dismissed by proving though my cell phone records that I could not have been anywhere near the shooting at the time it took place. I know that if my attorney had not been diligent in seeking my cell phone records from the police officers and district attorney’s office and forcing them to confront the evidence that was in my favor, I would probably be sitting behind bars right now for a crime that I did not commit. Call them at 888-749-0034 and visit them at www.wklaw.com.

Ontario Family Law and Child Support Lawyers

November 18, 2008,

Ontario, California is a thriving city in San Bernardino County. The city’s population has exploded; increasing to nearly one hundred times the size it was one hundred years ago. Today, it hosts a small international airport and an ECHL hockey team, the Ontario Reign. Its economy today is primarily focused on service and warehousing but some agriculture and manufacturing facilities remain. Ontario’s size is starting to show in its recent crime statistics as arson and grand theft auto are considerably higher than the national average.

The Ontario 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 Ontario 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, against Ontario felony 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 Ontario 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 the Ontario family law attorneys 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.

Orange County Murder and Great Bodily Injury Faced by Man Following Police Chase

November 18, 2008,

Murder of a Fetus

In recent news, a man who was accused of murder for causing a car crash that killed an eight-month old fetus is facing one felony charge of murder in Orange County , after evading authorities while recklessly driving with a sentencing enhancement for causing great bodily injury.

The man allegedly led police on a four-minute chase that reached speeds of 65 mph on city streets after they tried to pull him over because the window tint on his car was too dark.
The man then allegedly cut his headlights in order to evade officers and entered the exit ramp of an Orange County freeway where he attempted to make a high-speed u-turn, which caused him to collide with another driver at 65 mph.

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Britney Spears' Los Angeles County Child Custody Battle Continues

November 17, 2008,

Britney Spears’ Custody Battle

It is unlikely that Britney Spears will regain child custody in Los Angeles County or have her visitation increased anytime soon, due to her father having been awarded permanent conservatorship and retaining control of her finances. This order was made due to her problems that arose in January, when she was hospitalized for 5150 (being a danger to herself and to others) and was accused of using drugs. According to her attorney, it is unlikely that the current custody order will change because the court is stating she cannot take care of herself, then she will not be able to take care of her children.

If you, like Britney Spears, have had custody and visitation of your children taken from you due to a brief lapse of good judgment, but you have sobered up and taken steps to become rehabilitated, and would like to regain custody and/or visitation of your children you will need to go to court and file the necessary paperwork. It is a difficult process and you deserve a chance to be a part of your child’s life. Let an experienced California child custody attorney at Wallin & Klarich fight that chance for you. Call us at 888-749-0034 and visit us at www.wklaw.com.

Los Angeles County Sexual Assault Cases to go Unprosecuted

November 16, 2008,

Los Angeles County District Attorney’s Office Unable to Prosecute More Than 200 Sexual Assault Cases

According to the results of an audit released last month, more than 200 open cases of sexual assault in Los Angeles County will not be prosecuted. This is the result of the LAPD’s Scientific Investigations Division failing to test DNA evidence before the 10 year Statute of Limitations passed. The audit further found that 7,000 sexual assault test kits still remained untested by the Scientific Investigations Division!

Moreover, the audit discovered that the LAPD failed to notify several sexual assault victims that their rape kits had not been tested within a 2 year period, as required by California State Law. LAPD Chief William J. Bratton has cited lack of funding and staff as the root of the problem. Bratton indicated that the LAPD needs at least $7 million and more staff to help fix the problem.

It will definitely be interesting to see how many more sexual assault cases will go un-prosecuted as a result of the LAPD’s inability to test the DNA evidence. Wallin and Klarich will be monitoring this very closely over the next few months. Call a California sexual assault defense attorney at Wallin and Klarich today to see how this or any other criminal matter could potentially impact you, your loved ones, or your friends! 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! Visit us at www.wklaw.com and call us at 888-749-0034.

California Restraining Orders Affords Protection Under the Law

November 15, 2008,

Restraining Order, Do I need one to protect myself legally if someone is harassing or stalking me?

If someone is stalking, harassing, threatening you, etc. you can seek a civil harassment restraining order (RO). A civil harassment RO is appropriate if you are not related to, not married to, do not have children with, do not have a dating relationship, etc with the person that is stalking/harassing/threatening you. Civil harassment Restraining Orders in California are very common in situations where neighbors are not getting along and are causing problems and disrupting your life to the point where legal intervention is necessary. Contacting the police department will temporarily remedy the situation; however the police department will most likely inform you that it is best to seek a Restraining Order. If you have a RO and that person continues to harass/stalk/threaten you then the police can arrest that person for violating the Restraining Order.

Obtaining a restraining order requires at a lot of paperwork to be completed, filed, and served at specific points in time and at least two court appearances. Because it is a process most people are not familiar with it is important to retain a knowledgeable WK attorney to assist you in obtaining the Restraining Order. Wallin & Klarich has over 30 years of experience in Restraining Orders and can complete the process for you to ensure that you and your family are protected against the restrained person and future problems. Call Wallin & Klarich today to make an appointment to discuss your case with a knowledgeable Wallin & Klarich family law attorney in California. Call us at 888-749-0034. We will be there when you call.

California Felony Charges with Great Bodily Injury by Pregnancy

November 14, 2008,

Pregnancy Can Be Considered "Great Bodily Injury"

Under California law, anyone who in the commission of a felony “personally inflicts great bodily injury….shall be punished by an additional and consecutive term of imprisonment.” (Penal Code §12022.7, subd. (a), italics added.) Under the “one strike law” (§667.61), when a Defendant is convicted of a specified California sex offense, and the jury finds true a 12022.7 allegation, the court must sentence the defendant to a term of 15 years to life. In an August 28, 2008 opinion in People v Cross, the California Supreme Court held that a pregnancy without medical complications that results from unlawful but non-forcible sexual conduct with a minor can support a finding of “great bodily injury” under California law. The court held that a jury could make the finding that the pregnancy itself is the great bodily injury.

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Immigration Law and Vacating a Plea

November 13, 2008,

People v. Akhile

For those considering filing a motion to vacate a plea based on Penal Code Section 1016.5, familiarity with this case is a must.

In the above case, Appellant is a Native of Nigeria who entered the United States on a Tourist Visa and never left. In February of 1992, Appellant plead guilty to grand Theft and Embezzlement. The Trial Court sentenced him to two years state prison. Deportation proceeding began in 1993 and the Board of Immigration Appeals affirmed his deportation based on the 1992 conviction. Appellant argued that he did he was never aware of the immigration consequences of his plea.

Upon review, the record reflected that the Trial Court informed the Appellant of the immigration consequences at arraignment but not at the time of the plea. On appeal, the court vacated Petitioner’s plea on the basis that California Penal Code section 1016.5 requires that the Trial Court advise defendants of the adverse immigration consequences at the time of the plea.

Why is this case important? Because in instances where a Defendant was convicted of a white collar crime and the Trial Court fails to advise him or her of the immigration consequences at the time of plea, there are very good grounds to have the plea vacated.

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San Bernardino Family Law and Divorce Attorneys

November 13, 2008,

San Bernardino, California is the county seat of San Bernardino County. Located in the southwestern area of the county, San Bernardino occupies most of the San Bernardino Valley and is a large part of California’s Inland Empire. San Bernardino has had the unfortunate distinction as one of America’s most dangerous cities from 2003 through 2005. With murder rates among the highest in the country, the criminal defense law firm Wallin & Klarich, 505 N Arrowhead Suite 105 San Bernardino California 92401, are here to ensure that runaway prosecutors do not wrongfully or illegally convict criminal defendants.

The San Bernardino criminal defense attorneys of Wallin & Klarich handle a vast array of criminal defense cases ranging from violent crimes like San Bernardino sex crimes, domestic violence, assault, homicide or armed robbery, to non-violent crimes such as San Bernardino 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 San Bernardino sex crimes defense lawyers 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 the San Bernardino DUI defense lawyers at Wallin & Klarich today for a free evaluation of your case. Call 1-888-280-6839 to get in contact with a legal professional today.

Faulty Fingerprinting Analysis Results in Innocent People Being Wrongfully Accused

November 12, 2008,

After an internal investigation by the LAPD, LAPD officials recently acknowledged that two innocent people were wrongfully accused of committing crimes after they were erroneously identified by LAPD fingerprint experts! Even more alarming is the fact that LAPD officials acknowledge that several other individuals were likely wrongfully accused in the past as result of faulty fingerprinting analysis, but they do not have the resources to pay for a thorough audit to find out just how many.

Many in law enforcement had been of the opinion that forensic matches made by fingerprint experts were “airtight.” This investigation would seem to challenge that notion. Moreover, critics point to poor oversight of the LAPD’s Latent Print Department, lack of funding, and overall poor work, as the direct cause of the faulty fingerprinting analysis uncovered in the investigation,

It will definitely be interesting to see how many more individuals will be vindicated as a result of the revelation of more faulty fingerprinting analysis. Wallin and Klarich will be monitoring this very closely over the next few months. Call the Orange County criminal defense attorneys at Wallin and Klarich today to see how this or any other criminal matter could potentially impact you, your loved ones, or your friends! 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! Calls us at 888-749-0034 and visit our website www.wklaw.com.

California Minor in Possession Law Explained

November 11, 2008,

Minor in Possession of Alcohol

Many people under the age of 21 think it is okay to consume alcohol as long as they stay under the 0.08% limit. It is true that according to the law, intoxication is defined as having a blood alcohol level of 0.08% or higher and driving under the influence of alcohol if behind the wheel. That law only applies to people who are twenty-one or older. It is illegal for a minor to have any alcohol in their system. So if a law enforcement officer sees a minor holding an object that contains alcohol or drinking, even if it’s just a sip, they can cite that individual for being a "minor in possession".

A guilty plea to a misdemeanor means you’ll have a criminal record. If you plead guilty the judge must suspend your driver’s license for one year. No matter what the evidence is, you can’t afford to be without a driver’s license for a year.

If there is a way to get the case dismissed, reduced, or even to save your driver’s license, WE KNOW HOW. Contact the competent, aggressive California underage DUI attorneys at Wallin & Klarich at (619) 239-5051.

If you have any questions about a criminal matter, feel free to check out our website at www.wklaw.com or give us a call at any time at 888-749-0034. to discuss how a Wallin & Klarich attorney can help you.

Riverside Criminal Defense and DUI Lawyers

November 11, 2008,

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

Riverside, California is the county seat of Riverside County. Situated near, and named for, the Santa Ana River, Riverside is the birthplace of the citrus industry in California. With its burgeoning citrus industry, Riverside expanded rapidly and continues to expand today; it is the largest city in the Inland Empire with over 300,000 residents. Unfortunately, like many large Southern California cities, gang related crimes have become a problem since the early 1990’s; the criminal defense attorneys at Wallin & Klarich, 4255 Main Street Suite 7 Riverside California 92501, have been there to step up for the criminally accused in Riverside over 30 years and will be there for you.

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California Drug Crime Consequences to be Decided on Prop 5

November 10, 2008,

California Drug Offenses

There exists a need for expanding access to drug treatment programs for those individuals who need it and will benefit from it. Incarceration is not the answer. California voters passed Proposition 36 in 2000 and now we face another important decision to make with Proposition 5. Prop 5 will take money away from the least effective tool on the fight against drugs - incarceration, and instead shift it to the most effective and least expensive solution - drug treatment. In the meantime, if you or a loved one is facing drug charges, the quality of your California drug offense defense attorney may mean the difference between prison or drug treatment. Be sure to contact the experienced attorneys at Wallin and Klarich. Call us at 888-749-0034 anytime, we will be there when you call.

California Drivers License Suspension for Speeding

November 7, 2008,

Speeding over 100 MPH in California

In California you can lose your drivers license if caught driving 100 mph or more. California Vehicle Code 22348(b)(1) allows a judge to leave you with a suspended drivers license for 30 days if your caught doing 100 mph. Most courts, including San Diego, will never tell you until its too late.

Speeding tickets in California are infractions. That means you cannot be sentenced to jail for just speeding. When your in court the judge may explain your rights. These rights do not include the penalties. Many persons charged with going over 100 mph don’t find out their drivers license is gone until they have plead guilty.

An experienced California license suspension attorney can help you save your drivers license. An aggressive defense may prove a speed less than 100 mph. Then your license is safe from the court. An experienced attorney knows what it takes to convince a judge not to suspend. Restricted licenses that allow driving to work are possible. You will need an attorney that knows the answers.

The experienced and aggressive San Diego criminal defense attorneys at Wallin & Klarich are there to save your drivers license. Call us at 888-749-0034 and visit our website www.wklaw.com.

California Criminal Defense Attorneys Must Keep Their Clients Informed

November 6, 2008,

You Need a Lawyer Who Tells You What Your Rights Are

A recent appellate decision came down where judges reiterated the fact that lawyers need to tell clients what their rights are. Most California criminal defense lawyers of course know that part of their job duties includes telling their clients what their rights are. Apparently, however, not all attorneys communicate very well with their clients. Apparently, not all attorneys make sure their clients are aware of all of their rights. Not all attorneys let their clients know how the case is proceeding, and why it is proceeding in a certain way.

At Wallin & Klarich, our California DUI defense lawyers understand that we are here for one reason and one reason only: to help you. You can be sure that we know your rights. You can be sure that we will keep you informed as to how the case is proceeding. We advise our clients of their best interests.

If you have any questions about a criminal case, we encourage you to call us. You can also learn more about us on our website. www.wklaw.com and call us at 888-749-0034. We will be there when you call.

San Diego Criminal Defense Attorneys and DUI Lawyers

November 6, 2008,

San Diego, California is the county seat of San Diego County and the second largest city in California. San Diego hosts two major league sports teams: the San Diego Chargers (NFL) and the San Diego Padres (MLB). Other attractions include the San Diego Zoo and the many miles of fine beaches. It is a simple fact that a city as large as San Diego is going to experience everything from murder to vandalism and Wallin & Klarich, 110 W. C Street Suite 814 San Diego CA 92101, is here to ensure that the rights of those accused are not violated.

The San Diego 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 San Diego area and are familiar with the judges and prosecutors who will likely be assigned to your case. Our highly qualified San Diego child custody 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.

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Internet Sex Crimes Can Start in a Chat Room

November 5, 2008,

Be careful on the Internet

If you find yourself in a chat room or talking to someone online, be careful of the age of that other person. California makes it a crime to discuss sexual matters online to someone who is under 18 years old, or somoene who you “think” is under 18 years old. Police throughout California have received grants from the federal government seeking to crack down on California child molestation. What they do is they go online and represent themselves as 13 years old (or any age that is under 18 years old). They trick you into talking about sexual matters and once you do, they can trace your IP address and you can soon get police at your door. Planning to actually meet these “imagined” victims is yet another more serious offense. Any sexual conversation with persons under 18 is illegal online or in person. Of course, in order for them to prove you knew how old they were, they have to tell you their age, but if they say any age that is under 18, don’t walk- run away and log off right away. You can see read statutes in the California Penal Code 288.4.

The Los Angeles sex crime defense attorneys at Wallin & Klarich have been assisting people for as long as there has been Internet with crimes such as discussed above. We know what it takes to win your case. Please call us if you or a loved one has been arrested and charged with internet sex crimes. The stakes are just too high not to. Visit us at www.wklaw.com and give us a call at 888-749-0034.

Orange County DUI Charges Dismissed after Statutory Period Passes

November 4, 2008,

DUI dismissed when lawyer withdraws waiver of time and defendant is not brought to trial within statutory period

In a recent Orange County DUI case it was decided that the defendant be able to have his case dismissed because the court did not have his case tried within the statutory period.

In this case the defendant’s lawyer originally appeared in court and “waived time” which would have allowed the District Attorney to have defendants case go to trial outside the statutory period. However, a few days after the lawyer “waived time” he sent a letter to the court and the District Attorneys office “withdrawing” his time waiver.

After the time had run to bring the defendant to trial, the defendant’s attorney made a motion to have the California DUI charges dismissed because the trial had not gone to trial within the statutory period. After the trial judge denied the motion the defendant appealed.

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Manhattan Beach DUI Lawyers and Criminal Defense Attorneys

November 4, 2008,

The Manhattan Beach 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 Manhattan Beach three strikes defense they need to guarantee a favorable result in their case.

Manhattan Beach, California is a beachfront community in southwestern Los Angeles County. Manhattan Beach has been and continues to be a popular filming location for major motion pictures, such as Point Break, Starsky and Hutch, Jerry McGuire and Tequila Sunrise. Much of the original sand that was once found on Manhattan Beach is now in Waikiki Beach, Hawaii, as sand was continuously shipped across the Pacific during the early 20th century to help develop the Hawaiian shoreline. Like any city situated on the beach, the large crowds of recreational beach-goers are bound to generate a high volume of drinking related offenses.

The Manhattan Beach drunk driving accident attorneys from Wallin & Klarich have the expertise and resources to make sure that DUI cases are resolved promptly and professionally. Whether you are facing Manhattan Beach drunk driving offenses, federal crimes, military crimes or even theft crimes, the Manhattan Beach 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 or needs a Manhattan Beach divorce attorney 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.

Expunging Your Criminal Record

November 3, 2008,

Why hiring a California expungement lawyer to clean up your criminal record is so important

A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, voting, obtaining certain licenses, running for political positions, and other benefits of society we take for granted.

Today more than ever, employers are doing background checks on current and potential employees. Thanks to the Internet, information is accessible to anyone interested in knowing your past. Expunging your criminal record dismisses and sets aside your felony and/or misdemeanor convictions.

A qualified California felony defense lawyer or misdemeanor defense attorney at WALLIN & KLARICH can assist in determining your expungement eligibility. If eligible for an expungement, your lawyer will file a petition to expunge your record with the State of California. The purpose of this form is to request the court to reverse a guilty plea or set aside a guilty verdict. Once approved, your record will be cleared and original charges dismissed.

If you or a loved one need help expunging a criminal record, call WALLIN & KLARICH at (PUT IN TOLL FREE NUMBER HERE for a free consultation. Our firm has over 30 years experience and the knowledge and legal expertise to clean up your criminal record. Our attorneys can prepare all the necessary legal paperwork, prepare you for court, and represent you before the expungement judge. Call us at 888-749-0034 and visit us at www.wklaw.com.