Southern California Defense Blog

A recent 9th Circuit Court of Appeal decision held that a state pardon does not remove all legal consequences of a conviction.

This case involves an illegal alien who had a long history of illegal presence in the United States. On February 4, 1993 he pled guilty to unlawful possession of cocaine.

On April 30, 2001, he filed an application for adjustment of status to permanent resident due to his marriage to a United States citizen. The application was denied by the Department of Homeland Security for two reasons: 1) he was inadmissible for status as a permanent resident due to his second removal within a ten year period; and 2) violating the law relating to a controlled substance in 1993.

The denial included a Notice to Appear before an IJ for removal proceedings. He was subject to removal pursuant to 8 U.S.C. § 1182(a)(9)(A)(ii) providing for removal of an inadmissible alien who has been convicted of crime relating to a controlled substance.

Prior to his removal however, the Governor of the State of Washington granted him a “Full and Unconditional Pardon.” At the removal hearing, he requested a waiver of the controlled substance inadmissibility charge, which would permit him to adjust his status to that of a lawful permanent resident. The IJ rejected his request, reasoning that although a waiver is available for aliens who have been admitted into this country, no comparable waiver is available for aliens who have not been admitted into the country.

The BIA affirmed the IJ’s ruling. The 9th Circuit Court of Appeal agreed with the BIA that a state pardon may be applicable to criminal grounds of deportability but 8 U.S.C. § 1182 contains no equivalent waiver provision pertaining to the criminal grounds of inadmissibility.

If you or someone you love is being faced with a criminal appeal in California, don’t hesitate to get an attorney! The fact that a trial court has ruled against you doesn’t preclude you from seeking the correct judgment in a higher court. You need a qualified and aggressive appeals attorney who is knowledgeable in both criminal and immigration law to fight for you and your freedom. Call a Wallin & Klarich associate 24 hours a day, 7 days a week at 1-888-749-0034 or find us online at www.wklaw.com. Our 30 years of experience and network of aggressive attorneys is sure to give you the help you need.

Hiring a Lawyer on a Restraining Order Case Can Help You Win the Easy Way

In our San Diego criminal defense law office, we receive many calls from people who want help with restraining order matters, including both people who want to file a restraining order and people who need help defending a restraining order. These people are of course looking for help from an attorney.

On the other hand, we frequently go to court and see many people who have decided not to hire a lawyer. In fact, we are often asked whether or not someone needs a lawyer on a restraining order case. The answer is no, no one needs a lawyer on such a case. But the question is a silly one. The real question is should you have a lawyer or whether the lawyer can help you on your case. The answer is, in vast majority of cases, a lawyer can help you win your case.

Continue reading "San Diego Criminal Defense Lawyer Simplifies Restraining Order Case" »

Rancho Santa Margarita, California is a relatively new city, in terms of date of incorporation, of approximately 50,000 in Orange County. The city, on its very first day of incorporation, took the title of the longest city name in California. Rancho Santa Margarita is a master planned community; as a result, most of the neighborhoods are managed by one of several homeowners associations. Wallin & Klarich 30021 Tomas Street Suite 300 Rancho Santa Margarita CA 92688 are there to protect the rights of the citizens of this budding city in all of their family law matters.

The Rancho Santa Margarita family law attorneys of Wallin & Klarich handle a vast array of family law cases ranging from divorce, annulment or division of property to mediation, restraining orders or child custody and support issues. Whether you have a California criminal appeals case or you are going to trial for the first time, the Rancho Santa Margarita child custody 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 needs help with post judgement motions in Rancho Santa Margarita, 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.

LAPD officer arrested on accusations of attempted rape

An off-duty LAPD officer was arrested Sunday December 7, 2008 in connection with an alleged attempted rape in Los Angeles. The incident allegedly occurred after a Los Angeles Police Department-sanctioned holiday party at a hotel near Los Angeles International Airport.

Officer Eduardo Bermudez, a 29-year-old member of the Pacific Area Patrol Division, was off duty during the time of the incident and was arrested by LAPD Internal Affairs detectives and books in LA County Jail on the attempted rap charge. He is currently being held in lieu of $100,000 bail.

An experienced Los Angeles sex offense defense attorney in a case like this is essential. Bermudez is facing an extremely serious attempted rape charge that could result in potential prison time if found guilty. Not only would he serve time, but Bermudez’s reputation as an officer of the law and as a citizen would be tarnished. For these reasons and more, it’s very important for people being charged with such serious criminal charges so retain the services of a qualified and experienced criminal defense attorney.

Wallin & Klarich has over 30 years of experience in criminal defense and will help you resolve your criminal matter. Call us 24 hours a day 7 days a week at 1-888-749-0034 to speak to an experienced and aggressive California defense lawyer today! Also visit us on the web at www.wklaw.com

A little known statute may become more prominently cited in the courtroom in the near future as more veterans begin to return from the tours of duty in the Middle East. Pc 1170.9 “lets judges, under certain circumstances, sentence combat veterans suffering from PTSD (Post Traumatic Stress Disorder) to psychiatric help instead of jail time for their crimes”. Although this statute could give a chance for veterans suffering from PTSD to stay out of jail, the statute is not very well known and even in San Diego County which has a large military population, the law has only been cited twice as of June according to deputy Public Defender James E. Faulder, who handled the cases (Herbert A. Sample, California Lawyer, December 2008).

As soldiers that have served in the Middle East are coming home, it’s becoming consistently more noticeable that servicemen and women are coming home with severe PTSD. Nearly 40,000 soldiers have been diagnosed with PTSD since 2003, according to an Army report, not including obviously many more who haven’t sought help. They are coming home with such severe trauma because they are being sent on 3rd, 4th, and 5th tours to the Middle East (Herbert A. Sample, California Lawyer, December 2008).

Continue reading "Little Known Statute May Serve Veterans With PTSD" »

Don't accept the police narrative

Recently, one of my clients was charged with assault with a deadly weapon in California. According to the police report, my client stabbed the alleged victim for without provocation and was the apparent aggressor in the case.

A few hours after the incident, the alleged victim was in the hospital treating a stab wound to the torso. Cleary, he could have played no role in the incident that landed him in the hospital. As far as the police were concerned, it was an open and shut case.

Except there was on problem: The story made absolutely no sense.

The first striking issue was the fact that my client weighed 120 pounds soaking wet. In contrast, the alleged victim weighed about 200 pounds.

Continue reading "California Criminal Defense Attorneys Dismantle Prosecution's Case" »

What you don’t say and do might help you

If you’re over 21, what you don’t say in the course of a California driving under the influence investigation might be the difference between winning and losing your case.

In order to know what I mean by this, you have to understand how many prosecutors break down a DUI case. Essentially, they break down these types of cases into thirds:

First, prosecutors evaluate the driving pattern in a case. They read the report to see what kind of bad driving the officer observed before the stop. If the officer describes an driver that swerves, makes erratic turns and stops, then a California DUI case is much stronger. Since, the prosecutor needs to prove that you could not drive with the same care as a sober person would under same or similar circumstance, the driving before a traffic stop becomes extremely important.

Second, the prosecutor wants to know how you performed on the chemical test. Keep in mind that if you are taken to the station and told that you have to submit to a chemical test, you have little choice in the matter. At that point, you have to take a breath test or a blood test. If one of the tests is unavailable for whatever reason, you have to submit to the other. Failing to submit to a chemical test at the police station can have consequences that might make your case worse for you.

Continue reading "California Drunk Driving and Elements of a DUI Case" »

Sexual Internet Crimes

The internet gives us the freedom to look at anything we want. But what happens when looking is not enough? People will often look at adult content on the internet and some of it is not adult at all. This brings us to the act of looking at underage photos and/or videos on the internet. But what happens when those people who look at underage photos and/or videos, or “child porn”, are no longer happy with simply viewing the photos or videos? They will often go into chat rooms where they look for underage girls to chat with and eventually meet with.

The FBI is constantly setting up sting operations targeting men who use the Internet to lure underage girls for sex. It’s important to always know who you’re chatting with online and how old they are. It is a felony offense in California to travel to meet with a minor for lewd or lascivious behavior.

Please keep in mind that a California sex crime defense attorney from a law firm with over 30 years of experience in these types of cases can greatly benefit a person charged with these crimes. Wallin & Klarich is that law firm. Call us today and we can be the difference you need to win your case. Call us at 888-749-0034 and visit us at www.wklaw.com

Temecula, California is a primarily middle to upper-class community of 100,000 residents. It is considered, when combined with Murrieta, to be the southwestern anchor of California’s Inland Empire region. The city is adorned with nine golf courses and the Pechanga Resort and Casino. Pechanga is actually the number one employer in the Temecula Valley, with 7,500-plus employees. Temecula has suffered, like many cities, in the housing and mortgage crisis and Wallin & Klarich 41593 Winchester Road Suite 122 Temecula California 92590 is there to serve and represent the families of Temecula in their modification of custody, spousal support or child support cases during these trying times.

The Temecula family law attorneys at Wallin & Klarich have more than 30 years of experience representing southern California families dealing with divorce, child support or restraining orders. Wallin and Klarich attorneys regularly represent persons accused of domestic violence who reside in the Temecula area and are familiar with the judges and prosecutors who will likely be assigned to your case. Our highly qualified Temecula child support enforcement lawyers 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 settle spousal support issues, helping clients in defending them against child abuse charges, restraining order violations, annulment and changes of custody. The vast experience of our Riverside County divorce lawyers ensures that the law offices of Wallin & Klarich will have the resources required to help you with your Temecula family law 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 family law attorney in Temecula, 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.

Sealing & Destroying Your Arrest Record

Have you ever been arrested in California for criminal charges that you were completely innocent of? Which, you then appear in court for and find out that your case has been dismissed or the District Attorney’s Office never filed the charges against you or rejected you’re case completely. At the time you were probably thinking “this is great, nothing filed, this won’t come up on my record”, unfortunately like many other people, you would be mistaken and wrong in thinking this. You may not have a conviction record, but you would have an arrest record. This record will remain on the Department of Justice (DOJ) report infinitely, unless you file the correct paperwork to have this removed, which Wallin & Klarich can assist you in achieving this as there is a statute of limitations of 2 years from the date of your arrest to file the petition.

Our California criminal defense lawyers at Wallin & Klarich would file a petition to seal & destroy your arrest records with the agency that arrested you, if it is denied we would then file the petition with the court. Once granted the police agency and the department of justice must seal & destroy your arrest records, leaving no trace of ever being arrested. As this type of record ruins many opportunities in a person’s life, don’t let this ruin your chances for a better future, and take the necessary steps to get this cleared up.

Because time is of the essence, you should file this petition immediately. Do not let this time lapse, have your record cleared up, and let our San Diego criminal defense attorneys at Wallin & Klarich assist you in doing this. Call us at 888-749-0034 and visit us at www.wklaw.com.

Suspected of Child Abuse or Child Neglect in California and Your Name On The Child Abuse Central Index Report

Are you being accused, investigated, or charged with any type of child abuse or neglect? Or are you a day care provider or foster care parent who has recently been accused of child abuse or neglect? If you have been, then your name may be listed on the Child Abuse Central Index Report (CACI). Even if the accusations are false & untrue, and in many cases where charges are never filed or you are found not guilty in court, you may still be listed and not removed from this California child abuse index. And if you are a day care provider or foster care parent, you could lose your license, therefore your livelihood, due to being placed on this list.

Yes, you are entitled to a grievance hearing to have your name removed from the list, but you will need an experienced attorney that can represent you in both matters. At Wallin & Klarich we have family law attorneys in California that are capable of handling both of those matters for you. It is always better to have one attorney assist you in both matters, because they know your case and they know you.

So, once you have been contacted by an officer or investigator from any agency (i.e. social services, District Attorney’s Office, etc.) or if you have already been arrested for any type of child abuse or neglect, contact our office before making any statements, and let us assist you in this matter. Because again it is not only the criminal courts you must deal with. Therefore, let us help you by contacting one of our knowledgeable Wallin & Klarich Los Angeles criminal defense attorneys at 888-749-0034 and visit us at www.wklaw.com.

Defendant and Appellant Boot Hughston was arrested and charged with possession of cocaine for sale, possession of methylenedioxymethamphetamine for sale, possession of psilocybin mushrooms for sale, and possession of nitrous oxide in the summer of 2006.

The charges were based upon an incident in which local authorities followed Hughston around the Sierra Nevada World Music Festival held at the Mendocino County Fairgrounds. Special agent Nishiyama observed Hughston exchanging certain pills for money at the festival and followed him out. After observing another exchange, Nishiyama called for assistance and two other deputies arrived and arrested Hughston. While he was being arrested, Hughston was asked by the deputies where the rented Hummer that he admitted to be driving around was. Hughston responded saying it was parked in the parking lot at which point Nishiyama proceeded to locate and search the vehicle. There he found 800 more pills, “a couple pounds” of mushrooms, marijuana, and a quarter pound of cocaine.

Hughston challenged the court’s decision to find him guilty of the charges based on what he and his attorney felt were multiple errors by the deputies and the court. The deputies didn’t read Hughston his Miranda rights when he was being arrested and as a result of that they were able to locate his vehicle, search it, and find the majority of the illegal substances. The court ruled this to be a violation of Hughston’s Fourth Amendment rights and reversed the Mendocino County Superior Court’s decision.

Continue reading "UNLAWFUL SEARCH OF VEHICLE VIOLATES FOURTH AMENDMENT" »

Los Angeles prosecutors have filed California’s first lawsuit seeking to seize homes, businesses, and other assets of known members of Los Angeles’s largest gang, the 18th Street gang. The suit was filed on Monday December 8, 2008 against nine leaders of the gang.

The suit stems from a state law passed earlier this year which allows cities to sue for “financial damage gangs cause communities.” The suit is aiming to reduce the wealth that gangs such as the 18th Street gang is thought to accumulate through illegal activities. Any damages that are gained from any such lawsuits will, according to Los Angeles officials, will be funneled back to the neighborhoods through programs and other measures.

This new type of lawsuit brings a new and very dangerous aspect to these arrests of gang members. If arrested and charged with gang related crimes, not only is the defendant’s freedom at stake, but their wealth as well as their family’s wealth may rest on the outcome of the criminal case as well. This is precisely why it is so important to retain the services of a competent and experienced criminal defense attorney. This defense lawyer will not only be protecting the accuser’s freedom, but also the wealth and assets belonging to them and their families.

Wallin & Klarich has over 30 years of experience in criminal defense and will get you the help you need to resolve your criminal matter. Our qualified and aggressive attorneys will fight to protect you or your loved one’s freedoms and assets in criminal court. Just call anytime 24 hours a day 7 days a week at 1-888-749-0034 or visit us on the web at www.wklaw.com.

A case that has made international headlines has solemnly reminded all persons accused or being questioned about a crime to not speak with law enforcement prior to consulting with a criminal defense attorney. In 2007, five contract guards working for Blackwater Worldwide shot dead 14 innocent Iraqis and wounded dozens of others in what witnesses and family members claim was an unprovoked attack. Immediately after the shooting, the guards were interviewed by State Department officials who were able to obtain damaging statements from the guards. However, though the statements may contain key evidence that could be used in convicting the guards, they will nonetheless be inadmissible against them at trial because they were advised to not speak without a grant of immunity.

The foresight to not speak with the investigating officials most likely stemmed from legal advice conveyed to the guards at some stage in their Blackwater indoctrination. As did the Blackwater guards, any person suspected or accused of committing a crime should not speak with the police, and should insist on calling their attorney as soon as possible. Accordingly, one of the most advisable decisions a person can make is to keep their attorney’s contact information on them at all times.

Wallin & Klarich is a Los Angeles criminal defense law firm with over thirty years of experience in handling criminal matters. Particularly, Wallin & Klarich has aggressively and successfully defended accused and suspected criminals in serous felony cases. As the Blackwater guards took notice of, speaking with government officials about a suspected crime is extremely risky, and should not be done without first consulting an attorney. Wallin & Klarich can be reached 24 hours a day at 1 (888) 749-0034, and much information about successfully defending a criminal case can be found at www.wklaw.com.

The Simi Valley family law attorneys at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing domestic violence or child abuse charges. 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 Simi Valley divorce representation they need to guarantee a favorable result in their case.

Simi Valley, California is located in Ventura County’s Simi Valley. The city is known as the location of the Ronald Regan Presidential library and the trial of the four police officers accused of the Rodney King beating that ended with the controversial acquittal that sparked the Los Angeles Riots in 1992. Simi Valley is at great risk from the frequent wildfires of Southern California as well as earthquakes and was even the site of a nuclear meltdown in 1959. The citizens of Simi Valley are all too aware of the importance of contacting experienced criminal defense and family law attorneys from Wallin & Klarich 4240 E Los Angeles Ave Simi Valley CA 93063, given its relatively recent past.

The Simi Valley annulment lawyers from Wallin & Klarich have the expertise and resources to make sure that divorce and annulment cases are resolved promptly and professionally. Whether you are seeking a modification of child custody or child support, the Simi Valley child custody 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 needs a family law attorney in Simi Valley, 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.

Has your child been declared a ward of the state and you don't feel that you are getting adequate representation by your court appointed lawyer?

When your child is declared a ward of the state and placed in foster care you will find yourself in Dependency Court. The court will appoint you a child custody lawyer that is on contract with the county and they will represent you to get your kids back. These county paid attorneys most likely will not give your case much attention and you will feel that your rights as a parent are not being protected. It is important that you retain an attorney to assure that your case is given the proper attention. Wallin and Klarich has experienced lawyers that have been practicing Dependency Law for over 30 years. Wallin and Klarich attorneys know the system, the courts, and how to make sure that your case is adequately presented before the court. Most people are not aware that if the Dependency Court does not feel that you are a good parent and the proper placement for your child the county can terminate your rights as a parent. It is important to be informed of your rights and represented by a knowledgeable attorney if you are in this situation.

Contact a Wallin and Klarich family law attorney in California today to discuss your case and retain a lawyer that cares about your rights as a parent. Call us at 888-749-0034 and visit us at www.wklaw.com

I am being charged with a crime with gang enhancements; what does that mean?

Gang affiliation is an enhancement that prosecutors can add to a criminal charge. It is important to remember that most times a criminal charge becomes far more serious when made against an alleged gang member. Penalties and jail time are greater just because the crime is considered to have been "gang-related". If gang affiliation can be proven, the crime becomes a gang crime and the potential penalties may drastically increase. (Examples of gang affiliation enhancement and their punishment; adding the gang affiliation enhancement to the crime of assault with a deadly weapon adds 10 years to the potential sentence. Adding the gang affiliation to the crime of simple assault could add up to four years to the potential sentence.)

If you or a loved one has been accused of a crime, and there is a possibility the prosecution will be adding gang enhancements, you should speak to a lawyer who knows the law, and who will serve your needs. It is important to have an attorney who is not only comfortable defending gang members but also understands the pressures of society and different reasons that cause a person to join a gang. There are many reasons why people become gang members. Some of the reasons have to do with cultural background, protection, and survival. A person charged with being a gang member needs an Orange County felony defense attorney who understands these dynamics. Call Wallin & Klarich to speak to just the kind of lawyer you need, at 888-749-0034, or contact us via our website at www.wklaw.com.

The Orange family law attorneys at Wallin & Klarich have more than 30 years of experience representing Orange County child support and child custody clients who are facing losing custody of their children or increasing child support payments.

Orange, California is located in Orange County just a few miles from the county seat, Santa Ana. Orange is more historical than many cities in the area in that they have preserved many of their early 20th century homes; the average home in surrounding cities was built in the 1960’s or later. Local attractions include a small zoo, a wildlife sanctuary and a large, outdoor shopping and entertainment area called The Block at Orange. The Orange County family law attorneys at Wallin & Klarich 5000 N State College Suite 1100 Orange CA 92868 have been serving the families of Orange for over 30 years.

The Southern California divorce lawyers from Wallin & Klarich are there to represent the families of Orange. What sets us apart from other law firms outside Orange is our extensive knowledge of area judges and courts. Whether you’re in need of help with your Orange County post-marital agreement or spousal support, the experience our Orange domestic violence attorneys have in working with local judges and district attorneys allow us to quickly and effectively devise a solid strategy for your family law 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 has a dispute over division of property in Orange or another family law matter, 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 an Orange divorce lawyer today.

OJ Sentenced to prison in Nevada

Last Friday, OJ Simpson was sentenced to a maximum of 33 years in a Nevada State prison for his role in a September 2007 kidnapping and assault with a deadly weapon in Las Vegas. In sentencing Simpson, Judge Jackie Glass indicated that the evidence against Simpson was overwhelming. Such evidence included audiotapes that captured Simpson planning and executing the kidnapping and assault.

It is important to note, nonetheless, that Simpson is eligible to be released early on parole in nine years, in the year 2017. However, in Nevada, only half all eligible inmates are granted parole. This means that half all eligible inmates are denied parole and end-up serving their entire maximum sentences.

Simpson is planning to appeal. One of the issues that he will probably raise on appeal is the fact that no African Americans were on the jury and thus the jury did not adequately reflect a “jury of his peers.” Another issue that may be raised by Simpson is that jury (and possibly Judge) was biased against him, as he was previously acquitted of the infamous charges of murder in Los Angeles of Nicole Brown Simpson and Ronald Goldman 13 years ago.

It will definitely be interesting to see how Simpson’s appeal is handled. Wallin and Klarich will be monitoring this very closely over the next few months. Call Wallin and Klarich today at 888-749-0034 if you or a loved one needs help with an appeal or with any other criminal matter. Wallin and Klarich has been in the business of helping people with their California appeals and/or criminal matters for over 30 years and we would like to help you with yours! Visit us at www.wklaw.com.

Wallin and Klarich attorneys practice both California dependency law and family law

Often times when a family finds themselves in Dependency Court they also have an existing family law case. When the Dependency Court becomes involved the family law matter is placed on hold. However, when the Dependency Court has closed its case the court usually makes a family law order. Parents then find themselves back in family court. It is beneficial to have an attorney that practices both family law and dependency law because the lawyer will know the facts of your case and how will be able to represent your best interests.

Wallin and Klarich has been practicing both dependency law and family law for over 30 years and can represent your interests in both courts. Contact a knowledgeable California family law attorney at Wallin and Klarich today to discuss your case. Call us at 888-749-0034 and visit us at www.wklaw.com.

Hit & Run and Consequences

It was a dark, busy intersection, and a woman was not using a crosswalk. The woman was killed near the intersection of Beach Boulevard and La Palma Avenue in Buena Park, CA. The man who turned himself in is Salvador Sanchez Perez, Sr., 46, of Stanton. Buena Park police Sgt., Bill Kohanek said that Perez came to the station at 9p.m., Thursday night and turned himself in, accompanied by about eight members of his family. Perez posted $50,000 bail after he was arrested at the station on suspicion of a felony hit-and-run., he told police he panicked after the accident, which is why he left the scene. Perez faces a fine from $1,000 to $10,000, two to four years in state prison or 90 days in county jail.

This man can also be charged with vehicular manslaughter, which can carry a sentence of two to ten years in state prison or one year in county jail depending on the circumstances of the case and if there is evidence of negligence on the drivers part involved. If convicted of either of these charges he could lose his driving privileges with the Department of Motor Vehicles as well. If you or a loved one is being charged with a Hit & Run or Vehicular Manslaughter, you need an attorney who knows the law and who will fight for you in your criminal matter, but that is aware of the consequences that may arise in regards to your driving privileges. The Southern California hit and run defense attorneys at Wallin & Klarich will fight on your behalf to ensure the best possible outcome for your case. Call us at 888-749-0034 and visit us at www.wklaw.com.

I JUST FOUND OUT THAT MY NAME IS ON THE CHILD ABUSE CENTRAL INDEX; WHAT CAN I DO TO REMOVE MY NAME.

Within 5 business days of the county submitting information to the Department of Justice (DOJ) to list any individual on the Child Abuse Central Index (CACI), the county is supposed to provide you with written notice. It is very important that the person to be listed on the CACI hire a knowledgeable sex crime defense attorney because of the time requirements to be heard and the severity and consequences of being listed on the CACI. Wallin & Klarich attorneys are familiar with the time requirements and know the procedure so we can help you before it is too late. The county must provide you with notice stating (1) the county has conducted an investigation of suspected child abuse or neglect and the county has determined the child abuse to be either inconclusive or substantiated, and the county have referred the individual to DOJ for listing on the index; (2) the victim's name, a brief description of the alleged abuse or neglect and the date and location where it occurred; (3) notice that the individual has a right to a grievance hearing; (4) a person they can contact with the county; (5) a form to request a grievance hearing; and (6) a copy of the grievance procedures. There are strict procedural requirements for requesting a grievance hearing when child abuse or neglect is found to be inconclusive or unsubstantiated. Once you request the hearing, it must be set within 10 business days and must be heard within 60 calendar days. It is important to have an experienced Wallin & Klarich attorney to ensure the time restrictions are meant and to represent you at the hearing. At the hearing, as your attorney we would examine all documents the hearing officer has and any other evidence they intend to use as evidence at the hearing. Without a knowledgeable attorney from Wallin & Klarich representing you, it would be extremely difficult for any individual to represent themselves and know which evidence is beneficial and which evidence should be excluded.

A Wallin & Klarich California sex offense attorney can review the list of witnesses and evidence prior to the hearing to assist you in building your case. After reviewing the county's witness list, a WK attorney can then have gather evidence and other witnesses to testify on your behalf. It is important to have an attorney that can assist you in convincing the county that their claim should be withdrawn or changed. A WK attorney can achieve this by rebutting the county's evidence presenting a strong case. After the hearing, the hearing officer submits their statement and recommendations to the County Director. The County Director will issue a final decision adopting, rejecting, or modifying the recommended decision within ten business days after the recommended decision is entered.

A person that is not represented and does not know the procedure and requirements could cause detrimental because your name would be listed on the CACI index. Since your name is one the CACI for a period of 10 years, it is important to hire a WK attorney who has over 30 years experience in this field to guide you through the process and present evidence showing you should not be listed on the CACI. Call us today 888-749-0034 and visit us at www.wklaw.com

Nebraska Supreme Court Overrules Sexual Assault Conviction

The Nebraska Supreme Court overturned a 2006 sexual assault conviction on Friday October 24, 2008 after hearing defendant Steven Parker’s case. Parker, of Colorado Springs, Colorado, was convicted of first degree sexual assault in 2006 and sentenced to 10 to 16 years in prison. During his 2006 trial, the trial judge ordered that a screen be put between Parker and the accuser, an 11 year old girl, while she testified. This, according to the Nebraska Supreme Court’s ruling “could have suggested to the jury that the court believed the accused, violating Parker’s right to a fair trial.” The decision will likely lead to a retrial for Parker who was originally convicted and sentenced over two years ago.

Parker’s attorney was able to give his client this opportunity for a retrial by being on top of his client’s case and standing up for mistreatment of his client. It’s important to have an experienced sex crime defense attorney that will be able to immediately recognize when the court is mistreating their client and can immediately stand up for you. The court’s mistake in letting the screen be put up between the defendant and his accuser as the accuser testified is something that could have potentially gone uncontested by the defendant’s attorney. A skilled and experienced defense attorney won’t stand for that sort of mistreatment of their clients in the courtroom.

Wallin & Klarich have over 30 years of experience in criminal defense and have experienced and aggressive attorneys waiting for your call. Call Wallin & Klarich 24 hours a day 7 days a week at 1-888-749-0034 to speak to one of our defense lawyers today! Also visit us on the web at www.wklaw.com.

The Newport Beach criminal defense lawyers 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 Newport Beach felony defense they need to guarantee a favorable result in their case.

Newport Beach, California is a city situated along the Pacific coast in Orange County. There are several notable attractions in Newport Beach but the most famous landmark is the Balboa Pavilion. Established in 1906, it now performs many functions including a ferry service to Catalina Island, conference center and skiff rentals. Other attractions include the Orange County Museum of Art and Balboa Peninsula. Quiet, beachfront communities are just as susceptible to problems with criminals and Newport Beach is no exception with the recent increase in robbery, sex crimes and fraud.

The Newport Beach three strikes defense lawyers 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 Newport Beach drunk driving offenses, federal crimes, military crimes or even theft crimes, the Newport 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, you need to call the Newport Beach drunk driving lawyers at 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.

Skipping Trial Can Result in Worse Sentencing

On October 27, 2008 the California Supreme Court upheld the 27 year sentence of a man accused of carjacking in California who was absent during the most critical stages of the trial. Ryan Conception escaped from custody, briefly enjoying his freedom several miles away from the court house until he was re-apprehended. While Conception was absent, the trial court permitted the prosecution and defense to make opening statements, and also allowed three key witnesses for the prosecution to testify.

As the trial resulted in a 27 year sentence without Conception having the opportunity to confront his accusers, he desperately appealed the conviction, but to no avail. “That [Conception] found himself detained in another location was, at that point, a circumstance of his own creation.” “A rule that holds an escapee is voluntarily absent from the time he absconds until he can reasonably be returned to court satisfies both constitutional and statutory requirements.”

In other words, it appears if you chose to be absent from your criminal trial in California you will not be given a second chance to confront your accusers. While Conception has sought relief from the federal courts, it remains clear that the best course of action he could have taken would have been appearing in court and consulting with his California felony defense attorneys on how best to fight the criminal charges.

Wallin & Klarich is a law firm with over thirty years of experience in handling criminal matters. Particularly, Wallin & Klarich has aggressively and successfully defended accused criminals in serious felony cases, including carjacking. As Conception failed to notice and adhere to, time is of the essence in criminal cases, and a late or bad start can lead to the worst of consequences for the accused. If you or someone you know is facing criminal charges, the Southern California criminal defense attorneys at Wallin & Klarich can be reached 24 hours a day at 1 (888) 749-0034, and you can find more information about successfully defending a criminal case at www.wklaw.com.

Your right to expunge or seal your criminal records - why expungements are important

A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, voting, obtaining certain licenses (nursing, realtor, medical, and other professional 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 the criminal record dismisses and sets aside your felony and/or misdemeanor conviction from the public record.

Continue reading "Expungements and Cleaning up Your Criminal Record" »

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

Mission Viejo, California is located in the Saddleback Valley in Orange County. Mission Viejo is an extremely successful planned city with a population nearing 100,000 and dubbed the “safest city in the US” by the 2007 Morgan Quitno crime statistic survey. The city is largely residential with a small number of offices and businesses, many parks and a large, regional hospital. Even the “safest city in the US” has its share of criminal and family law matters that require the assistance of an experienced criminal defense attorney from Wallin & Klarich 27281 Las Ramblas Suite 200 Mission Viejo CA 92691.

Wallin & Klarich, a Mission Viejo criminal defense law firm, is there to represent the criminal defendants of Orange County. What sets the Mission Viejo felony defense attorneys from Wallin & Klarich apart from other law firms and attorneys outside the area is our extensive knowledge of local judges and courts. Whether you’ve been accused of serious crimes like murder, assault, or sex crimes or even white collar crimes like forgery or fraud, the experience our Mission Viejo 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 federal charges in Mission Viejo, 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.

Sobriety Roadblocks and Checkpoints

If you were charged with drunk driving in California after a sobriety checkpoint investigation, you need the help of a competent attorney as soon as possible. Please contact Wallin & Klarich at (888) 749-0034 or www.wklaw.com.

If you are stopped at a sobriety checkpoint, the officer may ask for your license and registration. They are primarily looking for signs of impairment. If they suspect that you are under the influence of drugs or alcohol, they will perform a chemical test and may also employ field sobriety tests or conduct a drug evaluation.

What signs of impairment are they looking for?
The most common signs of impairment which are looked for during a sobriety checkpoint stop are:

Continue reading "California DUI Checkpoint and Drunk Driving Arrests" »

For Rapper DMX, rehab does not halt court proceedings.

Admitting yourself into a rehab facility will not halt court proceedings and could result in a bench or arrest warrant being issued against you. Such is the case with rapper DMX. Once again he was a no-show to court today because he admitted himself to an undisclosed residential rehabilitation center. The presiding judge issued a bench warrant for DMX’s arrest and raised the bond to $120,000 cash. The 37-year-old is facing charges of drug possession, identity theft and animal cruelty stemming from three felony arrests.

If you are being prosecuted for any type of case, and you fail to appear in court after a mandatory appearance, the judge will most likely issue a warrant against you. Wallin and Klarich has been successful in having our client’s presence in court waived due to medical conditions or hospitalizations. Before you consider skipping out on your court appearance consult with a California criminal defense lawyer and knowledgeable firm such as Wallin & Klarich that will always provide you with the best advice for your situation. Call us at 888-749-0034 and visit us at www.wklaw.com.

BUSTED FOR MARIJUANA?

The law firm of Wallin & Klarich has been defending those charged with possession of marijuana in California for over 30 years. Whether it be cultivating, transporting or selling marijuana, our law firm has been successful in defending against these charges. The new medical marijuana laws allow flexibility and some “wiggle room” in the way these cases get prosecuted.

The staff attorneys at Wallin & Klarich are familiar with the laws of medical marijuana use and care giving (11362.5 Health and Safety Code to 11362.9 Health and Safety Code). If you or a loved one is arrested for marijuana, you need visit www.wklaw.com and call a drug crime defense lawyer at the law firm of Wallin & Klarich and see how we can help you win your case.

ATTORNEYS THAT KNOW THE INS AND OUTS OF THE COURT THEY PRACTICE IN CAN MAKE A DIFFERENCE IN THE REPRESENTATION

As we have all heard or seen in the highly publicized OJ Simpson case in Nevada, OJ was sentenced for numerous counts of crimes ranging from robbery to assault and conspiracy. It will be quite some time before OJ will be eligible for parole with all those counts and consecutive terms involved in the sentencing. OJ’s attorneys were familiar with that particular court, the court personnel and the judge as OJ’s attorney has had several cases before that particular judge and was familiar with that particular jurisdiction. OJ could have gotten a harsher sentence and been sentenced to more time. OJ’s attorneys did what they could to mitigate the punishment as much as possible. Attorneys who know the court personnel and the system of the jurisdiction that they practice in could very well make the difference in receiving a harsher punishment or a less harsh punishment for their clients.

This is why it is particularly important to find out where the criminal defense attorney you intend to hire routinely practices out of, what court in particular, how much time does the attorney go to court in that particular jurisdiction, how well does he know the judges and the district attorneys and court personnel. At Wallin & Klarich, our attorneys handle core courts where they appear if not every day in court, most days of the week. The attorneys at Wallin & Klarich know quite well the courts that they practice in, the court personnel including the judges and district attorneys that they work with. When looking for an attorney, keep these thoughts in mind when you decide to hire an attorney. Feel Free to contact the firm of Wallin & Klarich for your legal representation. Call us at 888-749-0034 and visit us at www.wklaw.com

Domestic Violence Restraining Orders, Do I Need One?

As you have likely heard in the news more recently, American Idol’s own Jennifer Hudson lost her mother, her brother and young nephew to violent domestic violence crimes. The suspect is believed to be the estranged husband of Jennifer Hudson’s sister, and this individual is not even the biological father of Ms. Hudson’s slain nephew. This sad reality hits close to home particularly to victims of domestic violence.

Even celebrities are not immune from this type of crime and abuse. If you are involved in an abusive or serious violent domestic relationship, consider the option of filing a domestic violence restraining order to protect you and your loved ones.

The attorneys at Wallin & Klarich are experienced and knowledgeable in obtaining the protection you deserve. Domestic Violence Restraining Orders not only apply to married couples, they can also be obtained if you are in an abusive dating relationship or in an abusive environment with family members related by blood. Call Wallin & Klarich for your legal needs and concerns for professional and competent representation. Call us at 888-749-0034. We will be there when you call.

Gay Marriage Dilemma in California

On May 15, 2008 the California Supreme Court voted declared unconstitutional a state ban on same-sex marriage. While a victory for thousands of gay couples across the state and nation, the case did not appear to give them more substantive rights than previously enjoyed under California’s Domestic Partnership Law. Nor did it give attorneys practicing family law any guidance on how unique same-sex marriage related law would be. To the contrary, it simply left California family law lawyers to wrangle with competing rights under the California and Federal Constitutions. Then, only adding fuel to fire, California voters passed Proposition 8 by a four (4) percent margin on November 4, 2008, effectively overturning the California Supreme Courts earlier holding, jeopardizing the marriages of 18,000 same-sex couples who wedded in the 4 ½ months that the holding survived.

Continue reading "California Family Law Attorneys Wrestled Conflicting State and Federal Law" »

The Panorama City family law attorneys at Wallin & Klarich have more than 30 years of experience representing Los Angeles County child support and child custody clients who are facing losing custody of their children or increasing child support payments.

Panorama City, California is a district of Los Angeles in the San Fernando Valley. It was a planned community that was once home to the General Motors’ largest assembly plant and a Schlitz brewery. Since the closure of the GM plant, the site was redeveloped into a massive commercial center of shops and restaurants called The Plant. Criminal defense and family law attorneys at Wallin & Klarich 14500 Roscoe Blvd 4th Floor Panorama City CA 91402 have served the Panorama City community for over 30 years with all of their criminal and family law matters.

The Southern California divorce lawyers from Wallin & Klarich are there to represent the families of Panorama City. What sets us apart from other law firms outside Panorama City is our extensive knowledge of area judges and courts. Whether you’re in need of help with your Los Angeles County post-marital agreement or spousal support, the experience our Panorama City domestic violence attorneys have in working with local judges and district attorneys allow us to quickly and effectively devise a solid strategy for your family law 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 has a dispute over child support debt in Panorama City or another family law matter, 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 California family law attorney today.

You may be able to get conviction reversed if the judge pressures juror to change their vote

A recently decided case highlights a problem that faces accused criminals in the court system: judges pressuring jurors to change their vote from not guilty to guilty. Amongst professional California criminal defense lawyers, this form of judicial coercion is regarded as an Allen charge. An Allen charge will enable a convicted criminal to have his guilty verdict reversed for new trial if it can be shown that the judge knew which juror(s) were holding out from forming the guilty verdict such that the individual juror(s) would view the instruction to reconsider their vote as being directed specifically at them.

In U.S. v. Williams, a juror convinced that the defendants were not guilty based upon presented evidence informed the judge that she would not change her position, that she was tired of being harassed by other jurors to change her mind, and that she suspected the other jurors were convicting the defendants because they were prejudiced. Knowing exactly what juror had stated they would not change their vote, the judge ordered the jury to continue discussions and further instructed them that their verdict, “guilty or not guilty, must be unanimous.” The jury did come back with a unanimous guilty verdict, and it is unsurprising that a California appeals court, the 9th Circuit Court of Appeals, found that the judge’s instruction was specifically directed at the loan hold out juror, and reversed the guilty verdict because it was coerced.

U.S. v. Williams makes it clear that if a person is convicted of a crime by a jury that appeared to be unsure of its decision or otherwise in disagreement about guilt, there could very well be grounds to have the conviction reversed. If you suspect that you, or someone you know was convicted by a jury that was not in total agreement on the question of guilt, it is imperative that you consult with a California criminal appeals lawyer immediately. The Law Office of Wallin & Klarich has been practicing criminal law for over 30 years, including appealing guilty verdicts. They have offices all throughout Southern California strategically located to quickly respond to legal urgencies, and can be reached 24 hours a day at 1 (888) 749-0034. Additionally, you can begin to find answers to your legal questions at www.wklaw.com.

It was alleged that on May 29, 2005, Defendant Luis Gregorio Segura inflicted corporal injury upon his spouse, a serious or violent three-strikes felony within the meaning of the “Three Strikes” law. Segura negotiated with the prosecutor a plea of no contest to the present charge in exchange for which a prior conviction allegation for felony battery, also a serious or violent felony within the meaning of the Three Strikes law, would be dismissed. Pursuant to the plea deal, he was to be placed on probation on the condition, among other things, that he serves 365 days in county jail.

Prior to entering his plea, Segura waived his constitutional rights and acknowledged that if he was not a citizen of the United States; the one-year term would qualify the offense as an “aggravated felony” under federal law and require his deportation. After Segura was released from jail, federal authorities initiated deportation proceedings. Thereafter, Segura applied to the trial court to ‘reduce’ his jail term to 360 days, in order to avoid deportation.

The California Supreme Court held when probation is granted conditioned upon a specified jail term, the resulting period of incarceration constitutes a material term of the parties’ agreement. As such, the jail term is not subject to subsequent modification without the consent of both parties, and cannot be altered solely on the basis of the trial court’s general statutory authority to modify probation during a probationary period.

If you have been charged with a crime, you need an attorney who is aware of all the consequences that may arise from a conviction. The San Bernardino criminal defense attorneys at Wallin & Klarich will fight on your behalf to ensure the best possible outcome for your case. Call us at 888-749-0034 and visit us at www.wklaw.com.

The Santa Monica 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.

Santa Monica, California is a coastal city of nearly 100,000 residents in Los Angeles County. Santa Monica has many cultural and historical landmarks throughout the city. The Santa Monica Loof Hippodrome is a national historic landmark located on the Santa Monica Pier. Also on the pier is the La Monica Ballroom which was once the largest ballroom in the United States and the site of a number of national New Year’s Eve broadcasts. The pier is nearly 100 years old, itself, and a landmark in its own right. As a city that is rapidly growing in both population and industry, especially technology, Wallin & Klarich 520 Broadway Suite 350 Santa Monica CA 90401 is there to assist the new families of Santa Monica in their family law matters.

The Santa Monica child support debt attorneys from Wallin & Klarich are there to represent you in your Los Angeles County family law matters. What sets us apart from other law firms outside Santa Monica is our extensive knowledge of area judges and courts. Whether you’ve been accused of domestic violence or need assistance with your Santa Monica division of property case, the experience our Santa Monica divorce 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 needs or is facing a restraining order in Santa Monica, 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 Los Angeles County divorce lawyer today.

Retaining the best criminal defense law firm is critical in you case because if you hire the wrong lawyer and he makes legal errors it is almost impossible to bring a successful lawsuit against a California criminal defense attorney

Over the past few decades, criminal defense attorneys have gained more and more respect in the legal community. Along with this respect has come envy from other practicing attorneys who crave the near immunity from lawsuits that criminal defense attorneys have. Now more than ever though, criminal defense lawyers are protected due to a recent case, Wilikinson v Zelen (Sept. 25, 2008, B2000 74)_Cal. App. 4th.

The ruling stated, “That a legal malpractice plaintiff must prove factual innocence and exoneration as to all transitionally related offenses comprising the basis for the underlying criminal proceeding…” In layman’s terms, the court held that if you are either found guilty of any crimes after a trial or if you plead guilty to any crimes as part of a plea bargain you cannot bring a successful malpractice lawsuit against your lawyer even if he was negligent in the defense of your case. What this means is that in a civil lawsuit you must prove that you were “factually innocent” of any crimes for you to be able to prevail in a lawsuit against your Southern California criminal defense lawyer.

What this means is that it is extremely important to retain the services of a criminal defense attorney that will not make mistakes that could negatively impact your case. Often the law firm that you hire can make the difference between jail and freedom in your case.

Wallin & Klarich has over 30 years of experience and have many qualified and competent attorneys waiting for your call. Just call us 24 hours a day 7 days a week at 1-888-749-0034 and talk to one of our aggressive criminal defense attorneys today! Also visit us on the web at www.wklaw.com for more information about our experience and areas of expertise.