Southern California Defense Blog

One of the harder punishments of a DUI is license suspension. The lack of options for public transportation in California makes this even harder. There are various options available to individuals who have had their licenses suspended as a result of a DUI. These include a restricted driver's license, a critical need driver's license, and getting your full driver's license privileges reinstated. An experienced and knowledgeable California DUI defense attorney can inform you which options are available, and can assist you in getting your driver's license back.

Wallin & Klarich has more than 30 years of experience in California criminal law, including DUI license suspensions. During that time, we have successfully defended thousands of clients facing life-changing criminal charges. Because we know how stressful a criminal charge can be for our clients and their families, we make sure someone in our office is always available to answer your call -- 24 hours a day, seven days a week, 365 days a year. We also have more than 20 offices in Southern California, so we can be wherever you need us most.

For a free consultation with the experienced criminal defense attorneys in California at Wallin & Klarich, call us today at 1-888-280-6806 or fill out our confidential case evaluation form online.

What you think is leaving your child at home for a short while to run an errand can very easily be seen as child endangerment in California. The laws governing the way you care for your children are very stringent and diligently enforced. There are a lot of household hazards that parents are unaware of, and leaving your child unattended increases their risk of exposure to these hazards and endangers their well being. A conviction for child endangerment may require a one year parenting course, fines and penalties, and even jail time. If you or a loved one is being accused of child endangerment, you must retain the help of a knowledgeable attorney.

Wallin & Klarich has more than 30 years of experience in California criminal law, including child endangerment charges. During that time, we have successfully defended thousands of clients facing life-changing criminal charges. Because we know how stressful a criminal charge can be for our clients and their families, we make sure someone in our office is always available to answer your call -- 24 hours a day, seven days a week, 365 days a year. We also have more than 20 offices in Southern California, so we can be wherever you need us most.

If you’re accused of child endangerment in California, you must be aware that you are facing serious charges that could haunt you for a lifetime. For a free consultation with the experienced California family law attorney at Wallin & Klarich, call us today at 1-888-280-6806 or fill out our confidential case evaluation form online.

When You Are Served With A Temporary Restraining Order You Need An Experienced Law Firm To Protect Your Rights At The Retraining Order Hearing

In California, a temporary restraining order is commonly granted in order to restrict a person from having any contact with the protected person. The court often grants temporary restraining orders when there is a documented incident of violence between two persons in order to protect both parties pending the actual restraining order hearing. The court also has the ability to grant additional temporary orders that could include a stay-away order or a child custody and visitation order, among other possible orders. These temporary orders could interfere with child custody agreements or conducting their daily affairs. Also, if the temporary restraining order resulted from an incident of domestic violence, the respondent or restrained person could also be charged and found guilty of domestic violence.

If criminal charges are filed against a person because of an incident of domestic violence in California, the prosecution can use anything said at the restraining order hearing against that person in the criminal case. Also, if the restrained person, or the respondent, files an answer to the temporary restraining order, anything stated in the answer may be used against that person in the criminal case.

Continue reading "California Restraining Order Attorney Consultation a Must Prior to Restraining Order Hearing" »

California Three Strikes Felony Defense Lawyer for Receipt of Stolen Property: How They Will Fight Your Case

You can be charged with receiving stolen property if prosecutors believe you bought or otherwise accepted property that you knew to be stolen. You might also be charged with this crime if you knowingly conceal, sell or withhold any property from its rightful owner, or help someone guilty of theft to do so.

In this context, “receiving” means actually taking control of the property. For example, you should not be convicted if the stolen property is merely left outside the door to your home or business. However, you could be convicted if you knowingly authorize an employee to take possession of stolen property, even if you never actually touch it. Receiving stolen property in California, like theft, is usually a misdemeanor when the value of the property was under $400, and can be charged as a misdemeanor or a felony if it was worth $400 or more. Prior convictions make a felony charge more likely.

Continue reading "Receiving Stolen Property in California May Be A Felony" »

Do I Really Need A Bribery Defense Lawyer?

Bribery is giving or offering to give something of value to another person in order to influence their decisions. It is explicitly forbidden to offer or make a bribe to the following persons:

• Judges and other judicial officers
• Jurors
• Referees and umpires
• Arbitrators
• Elected officials
• State, city or county government workers and members of public corporations; &
• Anyone else authorized by law to decide any question or controversy

Those serving in the roles above will also be guilty of bribery should they accept an actual bribe or offer one. In either case, bribery is a felony carrying two to four years in state prison. Those convicted of accepting a bribe will also be fined $2,000 or the amount of the bribe, up to $10,000 or twice the amount of the bribe -- whichever is larger.

Continue reading "Felony Bribery in California Carries Stiff Penalties" »

Los Angeles is the largest city in California and the second largest in the United States. As one a booming economic region within the country, it’s no wonder that the city of Los Angeles is home to an estimated 3.8 million people. Los Angeles is known for its diverse culture that spans a metropolitan area of 12.9 million residents. The 2000 census reported that out of thirty-four households that had children under the age of 18, forty-two percent were married couples; numbers that have only grown along with an increasing population. With so many families within the Los Angeles community, it is imperative that any matters involving divorce, child custody, child support or spousal support be handled by skilled family law attorneys.

The Los Angeles divorce lawyers and family law attorneys at Wallin & Klarich have many years of experience handling cases for clients facing the challenges of divorce, division of property, child support enforcement, child custody, annulment, domestic violence and restraining orders. 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 Irvine family law representation and counsel they need to assure a positive outcome in their case.

The Los Angeles, California divorce and family law attorneys from Wallin & Klarich have the knowledge and resources to make sure that high and low profile cases are resolved swiftly and professionally. Whether you are facing Los Angeles child support, modification of custody, paternity or domestic violence, the Los Angeles family law attorneys and divorce lawyers at Wallin & Klarich will exhaust every possible resource to protect the rights of you and your family.

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 divorce or family law matters in Southern California, you need to call Wallin & Klarich today for an evaluation of your case.

Driving With An Air Freshener Hanging From Your Rearview Mirror

Many people have air fresheners dangling from their rearview mirror in order to keep the car smelling fresh. However, those air fresheners can get you into some trouble.

Under California Vehicle Code 26708 subdivision (a)(2), a person shall not drive a car with any object or material placed, affixed, or installed on the vehicle which obstructs or reduces the driver's clear view through the windshield or side windows. Although hanging air fresheners are usually very small and only dangle from the rearview mirror, as long as it is objectively reasonable for the police officer to believe that the air freshener obstructed or reduced a driver's clear view through the windshield, then you may be stopped and cited for a California Vehicle Code violation.

Continue reading "Violations Of The California Vehicle Code" »

Do I Need a Bad Check Attorney if I am Charged with Fraudulently Issuing Bad Checks?

With the economic downturn our law firm is seeing a rise in the number of persons who are calling our office for help and who find themselves accused of writing a “bad check”. The problem of bad checks has always been a concern for law enforcement, and with the anticipated downturn in the economy the occurrence of bad check writing will go up. Aside from the economical implications this scenario has, the impact on unsuspecting offenders is that prosecutors will likely begin to pursue offenders more vigorously.

The typical bad check prosecution is where a person will pay rent, a car payment, or any other regular bill with knowledge that there is insufficient funds in their account, but with the hope that they will eventually get the money before the check clears, or that a recently deposited check will clear. Then, the check bounces, a report is made, and charges instituted.

The charges levied against the person will generally be one count of issuing checks to defraud, and another for false pretenses. While similar, the charges are unique enough so that the prosecutor may attempt to prosecute on both charges. If you find yourself accused of a “bad check charge” you need to immediately seek the assistance of a highly skilled San Diego criminal defense attorney.

If the prosecution is successful in establishing the basic elements of the crimes (that a person knew the account did not have sufficient funds in the account when the check was drafted) successfully defending the case will be almost impossible without an experienced criminal defense lawyer on your side.

Wallin & Klarich is a law firm with over thirty years of experience in handling criminal matters, and has extensive experience in defending those facing bad check charges. The California fraud defense attorneys at Wallin and Klarich has been successful in having these charges dismissed when the evidence could be argued that there was some sort of “misunderstanding” of good faith error on the part of the accused. In other cases our law firm has been able to keep our clients from doing job time to save their jobs and their freedom. If you or someone you know is facing criminal charges for bad check writing, Wallin & Klarich can be reached 24 hours a day at 1 (888) 749-0034, and you can find more information about successfully defending the case at www.wklaw.com.

There is a well-known saying in a certain coastal town in Southern California that goes “come on vacation, leave on probation.” All too often, many people who come to Southern California for a little getaway end up leaving with something that they would rather not have acquired, namely criminal charges. One of the most common types of criminal case that tourists or out-of-state visitors often find themselves facing is driving under the influence in southern California. We see this type of situation all the time at Wallin & Klarich, and here are some of the potential consequences that we have noticed for those whose state of residence is not California.

To begin with, just like any other type of criminal case, getting cited for DUI in another state will most likely follow you to your state of residence. But having an out-of-state DUI can also impact your freedoms and rights in your own state as well. For instance, many states are part of what is known as the interstate compact agreement. This agreement is such that if you have your driver’s license suspended in one of the states party to the compact, all other states who are members of the compact will honor that suspension as well. Thus, for anyone who is found guilty of drunk driving offenses in California and subsequently has their license suspended because of this conviction, there is a real possibility that they will also lose their privilege to drive in the state where they reside.

Continue reading "California DUI Convictions for Out-of-State Residents" »

Do I Need a Southern California Murder Defense Attorney If I Shot Someone in Self Defense?

Alameda County District Attorney Tom Orloff filed a murder charge against an ex-transit police officer. The charge sprung from the New Year’s Day fatal shooting of “an unarmed and allegedly restrained black man.” The Alameda County DA filed the rare charge against the ex-officer after community residents and local leaders protested in the two weeks following the shooting.

22-year-old Oscar Grant was shot by 27-year-old transit police officer Johannes Mehserle. The shooting occurred while Grant was being restrained by police after an incident on an Oakland subway. Johannes was charged with murder on Tuesday January 13, 2009 and will likely face extended prison time, contingent on whether a first or second degree murder charge is filed.

Given the situation, Johannes and his attorneys will likely plead “self defense” as a justification for the shooting. It will be up to the skill and tactics of Johannes’s defense attorney whether or not he is convicted and sentenced to state prison time. Self defense is sometimes a viable option for an argument in cases such as this one. Though a possible defense in such a case, the argument is extremely complicated and requires a skilled California violent felony defense lawyer to properly bring it.

Wallin & Klarich has over 30 years of experience in criminal defense and have handled a multitude of cases dealing with serious felonies and using self defense as an argument. Call Wallin & Klarich 24 hours a day 7 days a week at 1-800-749-0034 or visit us on the web at www.wklaw.com.

The Difference Between a Public Defender and a Privately Retained Attorney for Felony Matters

At Wallin and Klarich we receive calls from prospective clients all the time who are worried about the representation they are receiving from the public defender. We often tell people that while the public defenders try hard on their cases, that often they have a very high number of serious cases that they are trying to handle at the same time. We tell people that it is often a better idea when they are facing the possibility of going to jail that they “invest” money in their freedom and hire an experienced southern California criminal defense law firm like Wallin and Klarich to help them.

An example of why we suggest that is what happened today in court when Wallin and Klarich were presenting one of three young men who were accused of stealing laptops from a local college bookstore. The other two defendants were represented by public defenders. The judge had offered 120 days in custody and a felony conviction for all three defendants. The two public California felony defense lawyers who were representing the other two young men appeared to be fine with the judge's offer and said they would recommend it to their clients. However, this offer was totally unacceptable to Wallin and Klarich for our client.

Our client was a good young man who had been accepted to a good college on a scholarship. He was a student athlete and we were able to present to the judge many letters on our clients behalf. We informed the court that our client could not ruin his life with having a felony on his record. We told the judge that our client had been “punished by his parents” and was humiliated by the experience. He convinced the judge that our client should have his felony reduced to a misdemeanor. The judge agreed. However, Wallin and Klarich was not nearly done.

Continue reading "Felony Theft Charges Handled Differently by Public Defender than Private Attorney" »

San Bernardino County, California is an enormous county in Southern California. It is the largest county in the nation by land area, aside from several districts of Alaska, and is larger than nine U.S. states. San Bernardino County stretches from the urban sprawl of the Greater Los Angeles Area, over the San Bernardino Mountains, through the Mojave Desert, to the Nevada and Arizona borders and Colorado River.

The San Bernardino County family law attorneys at Wallin & Klarich have more than 30 years of experience representing southern California families dealing with divorce, child support or alimony. Wallin & Klarich attorneys regularly represent persons accused of domestic violence who reside in the San Bernardino County 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 are a major contributing factor as to why we are able to achieve such positive results for our clients.

Our law firm has over thirty year experience in helping our clients settle child support debt issues, helping clients in defending them against child abuse charges, restraining order violations, annulment and division of property. The vast experience of our San Bernardino County divorce attorneys ensures that the law offices of Wallin & Klarich will have the resources required to help you with your San Bernardino County 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 child support lawyer in San Bernardino County, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-280-6839 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

Why You Need An Experienced California Traffic Attorney When Cited For A Traffic Ticket

If you are cited for driving over the posted speed limit, it is imperative that you hire an experienced, aggressive traffic attorney. California Vehicle Code Section 22352 states that when approaching or passing a school building, the speed limit is 25 mph, regardless of the posted speed limit. Typically these tickets are issued during school hours, when school children are going to and from school. However, under certain circumstances law enforcement officers may issue a citation for a violation of CVC 22352 when school is not in session.

A violation of this vehicle code will result in substantial fines and increased insurance premiums. A violation may also result in a suspension of your license if you have accumulated too many points on your record.

Hiring an experienced Los Angeles criminal defense law firm can greatly increase your chances of getting the violation dismissed. Often times law enforcement officers incorrectly interpret and enforce the vehicle code. An aggressive criminal defense attorney can cross-examine the officer at trial to make certain that the alleged violation is in fact a violation. Hiring an attorney is the best way to ensure a favorable result in your case.

The attorneys at Wallin & Klarich have been helping people against such charges for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, seven days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

Admitting you committed a crime to the police is obviously not an intelligent decision. Often times, people will confess their crimes because they feel bad about what they did, because they think there is no way they can disprove their case, or because they simply just gave up. Later, these people will gravely regret their decisions, and wonder if there is anything they can do about it. As an experienced Orange County criminal defense attorney, the answer is a resounding yes.

Police have historically been known to use subversive and abusive techniques to extract confessions out of suspected offenders. What these are referred to as in the legal community are “coerced confession.” Normally, the word coerced tends to give the image that the police were physically threatening a person, or someone else, and that they used this threat to get the confession. However, this is not always the case. It has also been seen that police induced remorse (i.e., where they make a person feel guilty) can also be the basis for claiming that your confession was coerced.

Continue reading "What do I do if I admitted I committed a crime to the police?" »

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

Ventura County, California is located in Southern California and, like Orange County, is widely considered as one of the safest and most affluent counties in the country. One contributing factor to Ventura’s wealth is the presence of the “Tech Coast” area, which houses many biotech, healthcare and telecommunications corporations. As a result, Ventura County is often referred to as the “Gold Coast.”

The Southern California divorce lawyers in Ventura County from Wallin & Klarich are there to represent the families of Ventura County. What sets us apart from other law firms outside Ventura County is our extensive knowledge of area judges and courts. Whether you’re in need of help with your Ventura County post-marital agreement or spousal support, the experience our Southern California 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 or another family law matter, you should call the Ventura County child custody attorneys at 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.

Comedian Dane Cook’s Brother Arrested

Comedian Dane Cook’s half brother embezzled millions of dollars from him and was arraigned on felony charges that include larceny and forgery. Cook’s Brother is facing years in prison. He will need an experienced embezzlement defense attorney to help him in this matter and to get him the best possible outcome. If you or a loved one is facing these types of charges or if you believe you are being investigated contact our office, one of our experienced defense attorney’s at Wallin & Klarich will help you and will protect your rights.

These charges and any type of theft charges are considered crimes of “moral turpitude”, meaning it is a crime of deception. Because they are charges of “moral turpitude” they can hinder you from maintaining employment or from future employment. And if you are in the process of or thinking of becoming a U.S. Citizen this can keep you from doing so.

Therefore, it is essential to have an experienced felony defense attorney on your side who will advocate for your rights and future.

Why you need an experienced driving on suspended license attorney when facing this charge

If you are charged with driving on a suspended license, it is imperative that you hire an experienced, aggressive California criminal defense attorney. California Vehicle Code Section 14601 makes it a misdemeanor to drive with a suspended license. In order to establish the offense, the prosecution must prove three elements. First, that the person cited was actually driving, second, that the driving privilege was suspended, and finally that the person charged with the violation had knowledge that his/her privilege had been suspended or revoked. The prosecutor must prove beyond a reasonable doubt that all three elements have been satisfied.

A charge of CVC14601 can lead to fines, probation, and possibly jail time. Certain types of this offense require mandatory jail time upon conviction. For example, if your license is suspended due to a conviction for DUI then the law requires a jail sentence if you are found guilty of driving on a suspended license. Most courts require mandatory a substantial fine and probation upon a conviction for driving on a suspended license in Southern California.

Hiring an experienced criminal defense law firm cani greatly increase your chances of getting the charges against you dismissed, or reduced. An aggressive criminal defense attorney can fight for you to keep you out of jail and seek to significantly lower any fines or penalties that the court may seek to impose. Hiring an attorney is the best way to ensure a favorable result in your case.

Please feel free to contact Wallin and Klarich to discuss you case. You can reach us 24/7 at 877-466-5245 or go to our website at www.wklaw.com for more information.

NBA great and commentator Charles Barkley was arrested on suspicion of driving under the influence early on December 31, 2008. Barkley was pulled over at around 1:30 AM. Authorities said that Barkley was pulled over after failing to acknowledge a stop sign outside a popular nightclub. Allegedly, after being pulled over Barkley refused to initially take a blood test. Later Barkley did take a blood test and the result is reported as being .149 by local authorities.

Barkley has issued a public apology and has announced that he will be taking some time off to deal with the matter. This comes as no surprise as DUI’s can become a very lengthy and costly process and for that reason an DUI defense attorney is of the utmost importance so that they may guide you through the process and get you the results you need and deserve.

A conviction for a DUI can lead to jail time, the loss of your driving privilege, cancellation of your car insurance, attendance at alcohol programs and payment of related court costs. You need a law firm that knows how to defend you when facing a DUI.

Wallin & Klarich has over 30 years of experience and has California drunk driving defense lawyers standing by waiting for your call! Contact them at 1-888-749-3400 to speak to an attorney who will fight to resolve your pending DUI. Call today and visit us on the web at www.wklawdui.com.

Be careful who you chat with on the Internet

With the advent of the computer world, there is more and more legislation regarding proper and improper use of the internet. Recent California laws make it a crime to e-mail or electronically communicate with a child under 18. (288.2, 288.3, and 288.4 of the California Penal Code.) In certain situations, even mistake of age could still get you in trouble with the law if you discuss sexual related matters on line to a minor. Even if the person you are talking with electronically is a cop and represents him or herself as a minor, it is illegal to communicate anything of a sexual nature. Police throughout California have received grants from the federal government to conduct these sting operations where police pose as minors and enter chat rooms with the intent to getting an unsuspecting adult to begin to “chat” about sexual matters, catching them in the act of an Internet sex crime. Somewhere in the communication, the “police victim” will represent there age as under 18 years old. If you ever read any communication with a person represents themselves as under 18 years old, discontinue the communication immediately. Many times, these officers will ask you to meet them at a location. When you arrive, you are arrested for an attempted sex crime with a minor. The police also may send you a photo of a person who appears to be youthful in age asking to meet.

Wallin & Klarich have been successfully defending clients accused of such crimes since the enactment of the law. Dateline TV has aired many specials on television involving persons arrested for these internet crimes. If you or a loved one is being charged with improper communication with a minor, or an attempted sex crime (if you made some attempt to meet), call the California sex crime defense lawyers at Wallin & Klarich anytime at 888-749-0034 and visit us at www.wklaw.com. We will be here when you call.

Victim comes first with the passage of Proposition 9 by California voters

The people of California were asked to vote on a new “victims bill of rights” in the name of Proposition 9 a few months ago. This initiative passed with 54% of the voters approving it.

Most of the provisions does little more than reinforce existing rules that gives victims of crimes a voice at sentencing hearings and in many other ways. However, there is one substantial change in prior law due to the passage of Proposition 9.

Victims of crimes now are entitled to the “first dollar” received from any defendant that is paid to the court for any reason. What this means is that before the court can collect any fines or other penalties from the defendant, all monies paid by the defendant must first go to pay off the “restitution amount” that is determined to be owed to the victim.

As an Orange County criminal defense lawyer, the impact of this is unclear, however, one thing is certain. This will definitely cause a significant decrease in the funds that go to run the courthouses in our state which is going to make it even more difficult for people to receive justice in court. This will likely lead to longer lines when you go to the court to pay a fine or file legal papers.

Restitution is only one component of resolving a criminal case. If you find yourself accused of a crime where you may need to pay restitution to an alleged victim, you should first consult with an experienced California criminal defense attorney before paying any restitution to anyone. Call Walin and Klarich 24-7 at 877-466-5245. We will be there when you call.

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

Riverside County, California is part of southern California’s Inland Empire. Its borders stretch from Orange County to the Colorado River on the California-Arizona border. As home of most of the Joshua Tree National Park, Riverside County is primarily a desert. Its popularity has increased in recent years as affordable housing is readily available in the area while the cost of living continues to climb in neighboring counties. Riverside is one of the fastest growing parts of southern California and the Riverside County divorce attorneys at Wallin & Klarich is there to help the incoming families with all of their family law matters.

The Riverside County child support attorneys from Wallin & Klarich are there to represent you in your Riverside family law matters. What sets us apart from other law firms outside Riverside County is our extensive knowledge of area judges and courts. Whether you’ve been accused of domestic violence or need assistance with your Riverside County alimony case, the experience our Riverside County 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 help negotiating division of property in Riverside County, 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.

Federal Court of Appeal reverses 28 years to life sentence based upon three strikes felony law, proving you should never stop fighting your conviction of sentence by hiring an experienced California criminal appeals attorney

The 9th Circuit Court of Appeals has reversed a 28 year to life sentence that was handed down to a California man who failed to register as a sex offender. The Court of Appeal in Gonzales vs. Dunan, 2008 DJ DAR 18915 held that it was a violation of the 8th Amendment of our United States Constitution as “cruel and unusual punishment” to impose this type of prison sentence under the facts of this case.

What makes this decision so important is that after the defendant was found guilty of failure to register as a sex offender per Penal Code Section 290 the trial court sentenced him to 28 years to life in prison. The defendant then appealed to all of the California Court including the California Supreme Court. All the California courts rejected his appeal. Then Gonzalez took his case to the federal courts but the federal district court in Orange County also rejected his appeal. However, the accused’s California appellate lawyers would not quit their fight to receive justice. Finally, their pleas were heard and the federal court of appeals said that Gonzalez conviction was just too harsh to be constitutional.

Continue reading "California Appeals Attorneys Gets Three Strikes Felony Sentence Reversed" »

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

Orange County, California is famous as a largely suburban area populated primarily by affluent and powerful people. Orange County is unique in that it is not identified by a large or dominant urban center, as there are no such areas in the county. There are many tourist attractions in Orange County, including Disneyland in Anaheim and excellent surfing conditions on its many beaches, especially those in the Huntington Beach area.

The Orange County divorce lawyers from Wallin & Klarich are there to represent the families of southern California. What sets us apart from other law firms outside Orange County is our extensive knowledge of area judges and courts. Whether you’re in need of help with your Orange County post-marital agreement or alimony, the experience our Southern California spousal support 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 County 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.

Los Angeles County, California is the largest county by population in the United States at over 10 million people. There are countless attractions throughout LA County, from hiking and skiing in the mountains in the eastern and southeastern portions of the county to the beaches along the Pacific coast. There are also numerous theme and amusement parks, including Six Flags and Universal Studios Hollywood, as well as many popular museums, historical locations and observatories. With such a huge population and more people coming, every day, there is a significant need for experienced family law attorneys Los Angeles County and Walin & Klarich is there to help.

The Los Angeles County family law attorneys at Wallin & Klarich have more than 30 years of experience representing southern California families dealing with divorce, alimony or child support in LA County. Wallin & Klarich attorneys regularly represent persons accused of domestic violence who reside in the LA County 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 is a major contributing factor as to why we are able to achieve such positive results for our clients.

Our law firm has over thirty year experience in helping our clients settle child support debt issues, helping clients in defending them against child abuse charges, restraining order violations, annulment and division of property. The vast experience of our LA County divorce lawyers ensures that the law offices of Wallin & Klarich will have the resources required to help you with your Los Angeles County 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 Los Angeles County, 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.

Government Robs Sex Offenders of Their Privacy Rights

A Georgia law set to take effect on January 1, 2009 would require sex offenders to hand over their Internet passwords, screen names, and e-mail addresses to law enforcement authorities. This would allow law enforcement officers to read e-mails between sex offenders and their family members.

One concern about this law is that it delves deep into the offenders’ privacy rights.

Another problem is that the law is just another way for the government to punish people for crimes they have not committed. Some call it preemptive justice. Senator Staton wrote the bill with the idea that sex offenders have waived their rights to privacy. That is one way of putting it. As an experienced Orange County sex crime defense attorney, the more accurate way of putting it is that this law takes away privacy rights, without permission, and without prior notice.

You can read about it in this MSNBC report.

If you or a loved one have questions about the consequences of registering as a sex offender in California, call the experienced and knowledgeable attorneys at Wallin & Klarich. Call us at 888-749-0034 and visit us at www.wklaw.com.

If you haven’t heard, California Vehicle Code Section 23123.5 will take effect on January 1st 2009. For those of you who don’t happen to have a California Vehicle Code book sitting on your lap like I do, VC 23123.5 is the brand new “texting” law that will prohibit you from text messaging while driving.

It seems that the government is keeping up with the times and using technology as a basis to stop you and cite you with a big fat ticket. What a bummer.

How much money are we talking? The answer depends on where you get cited for the violation.
According to VC 23123.5(d) the base fine for a first time offender is about $20. If you’re busted again, the base fine for each subsequent is about $50.

Not so bad? Think again.

The base fine doesn’t take into account the additional fees and penalty assessments that each county might tack on to the base fine. Depending on the court, the total cost of the ticket can be anywhere from three to four times the amount of the base fine.

Continue reading "California Moving Violations to Include Texting While Driving on January 1st" »

The Rancho Bernardo family law attorneys at Wallin & Klarich have more than 30 years of experience defending San Diego County clients who are dealing with spousal support, modification of custody, restraining orders or other family law issues.

Rancho Bernardo, California is a community situated among the hills and canyons north of San Diego. The original settlement in the area, Gorge of Saint Bernard, has little to do with the modern site and residents. Rancho Bernardo is a planned community of primarily wealthy residents and boasts many golf courses, shopping malls and office complexes. The Rancho Bernardo family law offices of Wallin & Klarich 11440 W. Bernardo Court Suite 300 San Diego CA 92128 have been serving San Diego County residents for over 30 years with all of their family law needs.

The Rancho Bernardo child support attorneys from Wallin & Klarich are there to represent you in your San Diego County family law matters. What sets us apart from other law firms outside Rancho Bernardo is our extensive knowledge of area judges and courts. Whether you’ve been accused of domestic violence or need assistance with your Rancho Bernardo division of property or alimony case, the experience our Rancho Bernardo 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 charge of domestic violence in Rancho Bernardo, 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.

Why you should retain a private southern California criminal defense attorney

According to a recently published New York Times article, it appears that opting for what accused criminals generally consider to be a free public defender is becoming an even more risky proposition. Government appointed lawyers are reporting that state officials are further cutting funding for public legal defense. The effects of the budget cuts have proven to be particularly hard on accused criminals who choose not to pay a criminal defense lawyer. In the words of some “harried lawyers,” criminal defendants presently relying on public defenders are being served “McJustice.”

It is estimated that public defenders assigned to felony cases are handling about 500 annually, and those assigned to misdemeanors are being forced to take up to 2,225. As unfortunate as the result is, it has been seen that some public defenders are either refusing to take more cases on ethical grounds, or simply quitting, leaving only new, inexperienced and overworked attorneys to defend the accused. At least part of their reasoning is that in being so overworked there is a substantially high likelihood that accused criminals who are actually innocent will nonetheless go to jail because the resulting strict time constraints make plea bargaining their only option.

Continue reading "Private California Criminal Defense Lawyers not a Gamble Like Public Defenders" »

Court holds probation department must explain why it wishes to require probationer to wear GPS monitoring device

Over the last several years the legislature has expanded the rights of the probation departments in California to impose new terms of probation as well as to set the level and type of supervision that each probationer will require. In the recent pending appeals case in San Bernardino County the court of appeal put a halt to the probation departments ability to impose new and different conditions on probationers without good cause.

Steve plead guilty to a felony and was placed on three years formal probation. The first two years of probation went without any probation violation incidents. Steve had no prior record. During the third year of probation the probation officer decided to add a new condition that Steve wear a GPS monitoring device 24/7 so the probation officer would know his whereabouts. Steve’s lawyer objected and demanded a hearing on the reason for this new probation condition. The trial court denied the defendants right to a hearing stated that the entire discretion as to terms of probation rested with the probation department and the court had no authority to review their reasons for imposing this condition of probation.

Luckily the court of appeals granted a writ and said that the court must hold a hearing to determine the reasonableness of this new probation term and whether they had abused their discretion in requiring this GPS device.

If you are on probation and believe that the terms of your probation are unfair feel free to contact a California probation lawyer at Wallin and Klarich 24/7 for a free evaluation of your situation. You give up some rights when you agree to formal probation but you do not give up all of your legal rights. Call us at 888-749-0034

People v. Raymond C. (2008 DJDAR 18112)

Traffic stop is reasonable where juvenile failed to place temporary operating permit in preferred rear location of vehicle

In this companion case to People v. Hernandez (Dec 12, 2008, S150038), the Court concluded that the officer acted with sufficient particularized suspicion to justify the traffic stop.

In this case, the officer saw the defendant driving a vehicle without a license plate or a temporary operating permit in the rear window. Otherwise, the car was being driven lawfully. Although there was a temporary operating permit on the front window, the officer could not see this permit when he effectuated the stop. In the course of the stop, the officer noticed the driver was exhibiting objective symptoms of intoxication and subsequently arrested him for driving under the influence. Defendant’s motion to suppress was denied and the Court of Appeal affirmed. The Supreme Court affirmed the judgment of the Court of Appeal.

Continue reading "California Appeals and Supreme Court Affirm DUI Charges Followed a Lawful Stop" »

People v. Hernandez (2008 DJDAR 18109)

Officer may not stop vehicle displaying temporary operating permit in lieu of license plates on hunch that permit is forged

The California Supreme Court recently held that an officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid. To support a stop, the officer must have a reasonable suspicion that the particular permit is invalid. Otherwise, any car with such a permit could be stopped without particularized cause.

Sheriff’s deputy saw defendant driving a pickup truck with no license plates, but displaying a temporary operating permit in the rear window.

Any vehicle driven on the road must display a valid license plate or a valid temporary permit. Nothing about the permit seemed amiss and the deputy saw no other violations. Nevertheless, he stopped defendant. He discounted the presence of the apparently valid permit because in his experience, such permits are “very often” forged or have been issued for a different vehicle, or the vehicle is stolen. Defendant was subsequently arrested for among other things, being under the influence drugs.

Continue reading "California Appeals Court Reverses Drug Conviction on Unreasonable Stop" »