Southern California Defense Blog

Police Cannot Pull You Over Just for Your Temporary Operating Permit

Police officers need probable cause in order to pull motorists over. What this means is that they must have probable cause to believe that a motorist performed a traffic violation. Over the years, police officers have come up with just about any excuse to justify pulling motorists over, in order to satisfy this probable cause requirement. One of their favorites has been that they have had a hunch that a temporary operating permit on a vehicle may be fraudulent, and thus they have probable cause to pull a vehicle over.

You probably have seen new cars being operated with a temporary operating permit displayed, in lieu of license plates. This is commonly done when a new car is just purchased. A new case just came out in California that says police officers cannot pull motorists over simply because they believe that such temporary operating permits are often fraudulent. This belief alone does not satisfy the probable cause requirement, as an officer must have reasonable suspicion that a particular permit in invalid in order to justify such a stop. In other words, an officer must have some prior knowledge or information that a permit is invalid and not just base their stop on the idea that several permits are often invalid and so any time they see a car with such a permit displayed they can pull it over.

It is important to know your rights and important to keep this case in mind any time you or a loved one is pulled over with one of these permits displayed. Wallin and Klarich closely monitors new case law such as this case every month. Wallin and Klarich has been in the business of helping people in their time of need with their criminal matters for over 30 years and we would like to help you with yours! Call the California traffic lawyers at Wallin and Klarich today if you or a loved one needs help with any probable cause issue or for any other criminal matter.

Under New California Law, A Person Convicted Of Theft Of A Motor Vehicle May Have Their Driving Privileges Suspended Or Revoked.

Under New California law, the court may impose a license suspension or revocation for a person convicted of theft of a motor vehicle. A conviction allows the court to impose an open-ended license suspension or revocation, with no specified ending date.

California Vehicle Code Section 10851, states that “any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing”, is guilty of auto theft in California.

Continue reading "Grand Theft Auto Conviction in California May Cost You Your License" »

Hemet, California is a city in Riverside County and the site of the world’s largest outdoor play, Ramona, which takes place once every year. The Hemet-Ryan airport is actually the site of the former flight school that was used to train over 6,000 pilots for the United States Air Force during World War II. Its rural, small-town feel and affordability attracts many working-class families working in larger, more expensive cities nearby. Even inhabitants of small, rural towns are in need of skilled family law attorneys since matters involving divorce, child custody, child support or spousal support can arise in even the most peaceful of environments.

The Hemet divorce lawyers and family law attorneys at Wallin & Klarich have more than 30 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 Hemet family law representation and counsel they need to assure a positive outcome in their case.

Continue reading "Hemet Divorce & Family Law Attorneys" »

How Can I Find Out if My Name is Listed on the Child Abuse Registry

Under the Child Abuse Neglect Reporting Act, California must maintain a registry of actual and suspected child abusers. This registry is known as The Child Abuse Central Index: aka CACI.

CACI presently contains 800,000 plus names, and is plagued with many procedural problems that have caused widespread constitutional violations. One of the reasons that CACI has led to so many constitutional violations is that many people do not even know their names are on it!

If you or someone you know would like to find out if your name is on CACI, there are two procedures you can use.

Continue reading "California Child Abuse Central Index: Are You on the List?" »

New California Appeals Court Ruling Underscores The Need For An Experienced Criminal Defense Attorney in Forgery Cases

A recent California Court of Appeals decision held that multiple forged signatures on a single document constitute only one count of forgery in California. In the matter of People v. Kenefick 2009 DJDAR 731, the Defendant was sentenced at trial to over 16 years in prison after she allegedly stole $890,000 from six victims, while purporting to run an investment company. Defendant was convicted by jury of 18 counts of theft, burglary, selling securities by false statement, and forgery.

On appeal, Defendant argued that two of the forgery counts should be vacated, and the sentence on those counts stayed. Defendant, through her California appeals attorney, argued that she could not be punished separately for forgery because the forgeries were part and parcel of the theft. The California Court of Appeals agreed. California Penal Code Section 654 prohibits multiple punishment for a single act or omission which may be punishable in different ways by different provisions of the Penal Code. The Court agreed with the Defendant that she harbored a single criminal objective in committing the forgery and theft. The Court held that the forgeries were merely initial steps in the plan to commit theft; as such it was improper for the trial court to allow separate convictions for those acts of forgery.

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact an Orange County white collar crime defense attorney Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

Costa Mesa is a city located in Orange County, California. Its reported population was 113,143 in 2005. Costa Mesa was once a semi-rural family community that has become a suburban city. The city’s economy depends heavily on commerce, some manufacturing, but mostly on retail, with the single largest shopping center at South Coast Plaza. Out of 39,206 households, twenty-nine percent had children under the age of 18 living with them and forty-three were married couples living together. Considering the many families within the community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled family law attorneys.

The Costa Mesa divorce lawyers and family law attorneys at Wallin & Klarich have more than 30 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 Costa Mesa family law representation and counsel they need to assure a positive outcome in their case.

Continue reading "Costa Mesa Divorce & Family Law Attorneys" »

Under New California Law, A Person Who Is Convicted Of Driving In Excess Of 100 MPH May Have Their Driving Privileges Suspended.

Under California law, the court may impose a drivers license suspension on drivers convicted of driving in excess of 100 mph. The court may suspend driving privileges without any opportunity for obtaining a restricted license during the period of suspension.

As of 2009, California Vehicle Code Section 13200 allows courts to suspend the license of a person who is convicted of driving in excess of 100 mph. For a first conviction, the court may impose a 30 day license suspension. A second conviction may result in a 60 day license suspension, and a third conviction allows a 6 month suspension. The new law does not allow the driver to obtain a restricted license for purposes of driving to and from work or school. If you are required to drive to and from work or school, it is imperative that you hire an experienced traffic attorney.

Hiring an experienced California DMV license suspension attorney can greatly increase your chances of keeping your license. The attorneys at Wallin & Klarich have been helping people keep their license for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

Do I Need A California DUI Attorney? I Took an Alcohol and/or Chemical Test and I Need a DUI Lawyer

Under California law drivers pulled over for suspicion of driving under the influence have the right to refuse a preliminary alcohol screening test. A person lawfully detained for suspicion of DUI in California can refuse the PAS test, and only have to submit to a breath or chemical test after being arrested for suspicion of DUI. Under certain circumstances, refusing a PAS test may be tremendously beneficial to a driver detained for suspicion of DUI.

As of 2009, California Vehicle Code Section 23154 states that a person who is on probation for a DUI and who drives a motor vehicle is deemed to have given his or her consent to a California PAS test or other chemical test for the purpose of determining the presence of alcohol in the person. CVC section 23154 states that a failure to submit to or the failure to complete such a test will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one to three years.

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your license. The Orange County DUI defense attorneys at Wallin & Klarich have been helping people keep their license for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

If I Am Charged with Lewd Conduct, Soliciting ad Engaging in Prostitution, Do I Need a Criminal Defense Attorney to Protect Me? Can I Lose My Driver's License?

Under California law, the court may impose a suspension of driving privileges on individuals convicted of lewd conduct, or soliciting or engaging in prostitution in California. A conviction allows the court to impose a 30 day license suspension, or in lieu of the 30 day suspension, the court may impose a restriction of up to 180 days allowing driving only to and from work or school.

As of 2009, California Penal Code Section 647 allows courts to suspend the license of a person who is convicted of prostitution or soliciting prostitution when committed within 1000 feet of a private residence, and with the use of a vehicle. If you are required to drive to and from work or school, it is imperative that you hire an experienced criminal defense attorney.

Hiring an experienced California sex crime defense law firm can greatly increase your chances of keeping your license. The attorneys at Wallin & Klarich have been helping people keep their license for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

Can I Really Get A Ticket For Text Messaging While I Drive? Why You Need An Experienced Law Firm To Help You Handle Traffic Tickets.

In California, under California Vehicle Code Section 23123.5(a), a person my not drive a car while using an electronic wireless communications device to write, send, or read
a text-based communication. This law is currently in effect and you can be cited for an infraction for violating this law with a first-time fine of $20 and $50 for every subsequent ticket. Also, you could be required to attend court which could greatly interrupt your school and/or work schedule.

However, there are certain arguments that an attorney can make on your behalf to fight the ticket. Under California Vehicle Code Section 23123(c) a person will not be considered reading, writing, or sending a text message communication for dialing or entering in a phone number or name to make a telephone call or for receiving a phone call. Therefore, if you were cited for sending a text message and were in fact attempting to make a phone call or receiving one, an experienced California traffic ticket attorney can make the argument that you were not in fact sending or reading a text message but were attempting to make a phone call or receiving one. It is important that you hire an experienced attorney to defend your rights in court and make these arguments that an inexperienced attorney would overlook. And, although the fine is low, by pulling you over for this infraction, you could be caught for another Vehicle Code violation or Penal Code violation that you did not even think about and that could result in significant penalties including points on your record or possibly jail time.

It is imperative that you hire an experienced California criminal defense law firm to defend your rights in court on traffic ticket matters. The attorneys at Wallin & Klarich have over 30 years experience in handling traffic tickets, as well as any other criminal defense matter, and can aggressively and effectively represent you in court to fight to get your case resolved to your satisfaction.

For a free consultation to discuss your traffic ticket offense please call us at (888) 280-6839. Our staff of attorneys are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at www.wklaw.com for more information.

The government reported that the number of non-criminal immigrants that were arrested by federal authorities under the National Fugitive Operation Program skyrocket from 4,363 in 2005 to 26,200 in 2008. This is a massive increase and should concern all those that care about how our federal government is spending our tax dollars.

The National Fugitive Operation Program was put in place in 2003 with the purpose of tracking down illegal aliens who had committed criminal acts and whom were considered a danger to our nation. However, what has resulted is that thousands of undocumented workers are being harassed and arrested when they have committed no violations of law.

In California thousands of immigrants have been arrested during both home and workplace raids. Many of these immigrants are held in custody without bail for extended periods of times.

If you are a loved one find themselves arrested for any reason you can contact the Southern California criminal defense attorneys Wallin and Klarich, at 877-466-5245 for 24/7 legal assistance. We will be there when you call.

El Cajon, California lies within San Diego County. The city’s name, El Cajon means, in Spanish, “The Box.” Its origin comes from describing the plot of land originally granted to the enormous Mission San Diego de Alcala that was used by missionaries in the area for farming. Today, with a population nearing 100,000 residents, El Cajon is a long way from its days as a parcel of farm land. With its now bustling population in mind, El Cajon needs skilled family law attorneys to help its citizens with matters involving divorce, child custody and spousal support.

The El Cajon divorce lawyers and family law attorneys at Wallin & Klarich have more than 30 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 El Cajon family law representation and counsel they need to assure a positive outcome in their case.

The El Cajon, 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 El Cajon child support debt, modification of custody, paternity or domestic violence, the El Cajon divorce and family law attorneys 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, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

How Can I Be Found Guilty Of Two Counts For One DUI?

When you are stopped and arrested for Driving Under the Influence (DUI), by the time you get to court you might be surprised that you have been charged with two counts for the same DUI, or the same incident. That is because in California you can be charged under California Vehicle Code Section 23152(a) for driving under the influence of an alcoholic beverage and/or drug. Separately from the California Vehicle Code Section 23152(a) charge, you can also be charged under California Vehicle Code Section 23152(b) for having a blood alcohol content (BAC) of 0.08 or higher. Therefore, you can be charged and found guilty of two separate violations of the California Vehicle Code for one DUI incident.

In addition, under the California Vehicle Code, you can still be charged with a DUI in California even if you were driving under the legal BAC limit. You can also be charged with two misdemeanor counts for that one DUI incident. Therefore, it is important that you are fully advised of your rights and of the consequences of a guilty plea to any of these charges.

It is imperative that you hire an experienced law firm to defend your rights in court against either count. The Orange County DUI attorneys at Wallin & Klarich have over 30 years experience in handling DUI offenses, both misdemeanor and felony DUI charges, as well as any other criminal defense matter, and can aggressively and effectively represent you in court to fight to get your case resolved to your satisfaction.

For a free consultation to discuss your DUI offense please call us at (888) 280-6839. Our staff of attorneys are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at www.wklaw.com for more information.

My Spouse Claims That I Have No Right to The House or Other Property if I Choose to Divorce Him/Her.

California is a community property state and therefore any property acquired during marriage is a community asset. Thus, in regards to division of property in California, each spouse has a full right to all property acquired during that marriage. Property can include houses, cars, stocks and bonds, any many other items. This property is community property even if only one spouse works and paid for this property using his work wages. Wages earned during the marriage are also community property and so anything paid for with those work wages are community assets to be shared by both spouses upon a petition for dissolution, or divorce. Subject to certain exceptions, only separate property is not part of the community assets and in respect to a divorce, that separate property is not included as what is to be split between both spouses. Separate property includes property acquired before a marriage, by inheritance, or by a gift to a spouse.

Therefore, a spouse has no basis for threatening the other spouse into think that they will be left with nothing upon divorce. If property was acquired during marriage using community assets then both spouses will have a right to that property upon dissolution, or divorce.

It is imperative that you hire an experienced law firm to defend your rights in court on a petition for dissolution. The San Diego divorce attorneys at Wallin & Klarich have over 30 years experience in handling family law matters, including petitions for dissolution, and can aggressively and effectively represent you in court to fight to get your case resolved to your satisfaction.

For a free consultation to discuss your traffic ticket offense please call us at (888) 280-6839. Our staff of attorneys are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at www.wklaw.com for more information.

Calabasas is a city in Los Angeles County, California that had a reported population of 22,300 in 2007. Located at the southwestern part of the San Fernando Valley, the city of Calabasas is twenty-two miles away from Downtown Los Angeles. The red-tailed hawk is depicted in the city’s official logo, which symbolizes a pledge to preserve Calabasas’ natural beauty and semi-rural quality of life. In 2005, 5,544 families lived in the city and out of 8,350 households, forty-four percent had children under the age of 18 living with them and sixty-four percent were married couples living together. Considering the many families within Calabasas’ community, it is crucial for matters involving divorce, child custody or spousal support to be handled by a skilled family law attorney.

The Calabasas divorce lawyers and family law attorneys at Wallin & Klarich have more than 30 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 Calabasas family law representation and counsel they need to assure a positive outcome in their case.

Continue reading "Calabasas Divorce & Family Law Attorneys" »

How Can I Get My Misdemeanor Charges Dismissed? Why an Experienced Law Firm Can Help Keep Your Record Clean.

When you are charged with a misdemeanor offense in California, it is important to get the best legal advice so that every alternative is explored in getting your case resolved. It is extremely important to hire an experienced law firm that can explore all possible remedies and options to get your charges reduced or dropped completely.

One of those options in a misdemeanor case is to obtain a civil compromise under California Penal Code sections 1377 and 1388. Under those California Penal Code sections, if the injured person, or victim, comes before the court and acknowledges that he has received satisfaction for the injury, the court can discharge the defendant and order that all proceedings be stayed or halted. This means that your case could be dropped and the misdemeanor case would not appear on your record.

Continue reading "Misdemeanor Charge Dismissal and ClearingYour Criminal Record" »

Can I lose my driver's license for boating under the influence? Do I need a DUI defense attorney?

California Vehicle Code section 305 defines “driver” as “a person who drives or who is in actual physical control of a vehicle.”

The term “Driving” has been defined in various ways by courts, and the issue was most recently addressed by the California Supreme Court in Mercer v. DMV 53 Cal.3d 753 (1991). However, the Mercer court did not determine whether or not “volitional movement” of the vehicle required the vehicle to move under its own power.

Section 415 of the California Vehicle Code defines a “motor vehicle” as “a vehicle which is self-propelled.” The DMV does consider a boat to be a “motor vehicle” for purposes of DMV license suspensions. As such, the DMV has for many years suspended people’s driver’s licenses if they were convicted of boating under the influence.

If you or a loved one is accused of boating under the influence in California, call Wallin & Klarich for a free consultation. Call us today at 1-888-280-6806, or fill out our confidential case evaluation form online at www.wklaw.com.

Why you need an experienced criminal defense attorney.

Three Canoga Park men believed to be members of a Latin street gang have been hit with various California murder charges stemming from a December 22, 2008 shooting outside Canoga Park Bowl, a neighborhood bowling alley.

Richard Bordelon, 21, Martin Sotelo, 23, and a third 15-year-old suspect are being prosecuted for the shooting and killing of James Shamp, a 48-year-old worker at the bowling alley. Bordelon and Sotelo are being charged with one count of murder and conspiracy to commit a crime because of race as well as one count of attempted second-degree robbery stemming from a separate incident. Sotelo was also charged with one count of unlawful driving or taking of a vehicle and one count of evading an officer. The 15-year-old suspect was charged in Juvenile Court with intentionally committing murder because of race, street gang killing and discharging a weapon.

Continue reading "Gang Members Charged in Canoga Park Murder" »

To Be Convicted of Attempted Lewd Act Does Not Require You to Have Actually Entered the Room with a Minor

Jeffrey MacKanin, a California Department of Justice special agent supervisor who oversaw a Federal and State task force investigating child exploitation crimes, posed online as a 13-year-old runaway girl named “Hope”. On December 7, 2004 Arthur Crabtree, an attorney who sometimes acted as a “Pro Tem Judge” and was once a city of Glendale Police Officer, contacted “Hope” online. A series of contacts ensued between Crabtree and “Hope” over an approximate six-week period which included various sexual references, such as that he bought “Hope” a bikini, and that they would take a bubble-bath together. Crabtree ultimately sent “Hope” a bus ticket and arranged for the two to meet at a Los Angeles Greyhound station. Crabtree was arrested by the FBI at the Greyhound station after a special agent observed him approaching at least three different female teenagers. Crabtree was charged and eventually convicted in the Superior Court of Los Angeles County for, among other things, felony attempted lewd act upon a child under 14 stemming from his actions toward “Hope”. Crabtree appealed his conviction.

The essence of Crabtree’s argument on appeal of the attempted lewd act conviction was that his acts amounted only to preparation for committing a lewd act on “Hope” and that his acts were insufficient to prove he attempted to commit a lewd act. Crabtree argued that the facts clearly showed that he had not reached the stage where the preparation had ended and the crime had begun so as to make the attempt complete. Crabtree did not contest the fact that he drove to the bus station where he intended to meet “Hope,” nor that law enforcement found, among other things, condoms, Viagra, a bikini, and bubble bath in his trunk. However, he did argue that he was obviously not going to have sex with “hope” in a bus depot but would have taken her to a hotel. He claimed that the conviction should be reversed because there were no hotel reservations made or any other evidence to support that his actions had moved from preparation to commit the crime to an attempt to commit a crime.

Continue reading "Attempted Lewd Act in California Does Not Require Physical Proximity" »

Physical abuse is the type of abuse most people think of when they think of domestic violence. Under California law, “abuse” can be intentionally or recklessly injuring someone, trying to injure someone, or putting someone in reasonable fear of immediate injury. This might be charged as an assault in California if the conflict is between people with no special relationship. However, domestic abuse will likely be charged if you are accused of hurting:

• Your spouse or fiancé
• Your girlfriend or boyfriend
• A former spouse, fiancé, girlfriend or boyfriend
• Someone you live with
• Someone you have a child with

Physical abuse of a child is also illegal, but it is charged as child abuse. Allowing a child to watch domestic violence between adults may be considered child endangerment.

Under the law, you do not have to commit an act of actual violence to be accused of physical abuse. You can be charged with child abuse or domestic violence if you’re accused of attempts to harm someone, threats of violence or inflicting mental suffering. In fact, law enforcement officers who have seen too many domestic abuse cases sometimes doesn’t even check into an accuser’s story before arresting and charging the accused. And unfortunately, it’s not always possible for an accuser to drop the charges -- law enforcement may arrest and prosecute you even if the accuser has changed his or her story.

Continue reading "Domestic Violence and Physical Abuse: Do I Need A Criminal Defense Attorney Now?" »

The Devastating Ramifications of Having a Restraining Order Granted against You: Why You Need a Qualified Restraining Order Lawyer

The consequences of having a California restraining order granted against you can be severe. If a restraining order is filed against you, it is of the utmost importance to retain the services of a qualified restraining order law firm to come to your defense. If you do not hire a law firm to defend you it is much more likely that the restraining order will be granted against you. If the restraining order is granted against you all of the following consequences may occur:

• The restraining order will likely be filed with the California Law Enforcement Telecommunications System which means if a law enforcement officer stops you, the restraining order will show up on your record for up to 5 years.
• If there is a restraining order violation you could face up to $1,000 in fines and up to one year in jail.
• The restraining order can be enforced against you anywhere in the State of California by any law enforcement agency that has been notified of your restraining order.
• The court may order that you are excluded from your place of residence due to the granting of the restraining order.
• Your ability to travel may be restricted.
• You may be required to attend and complete a 52 week anger management or batterers program which is both time consuming and costly.
• If the restraining order includes your minor children then this will impact the amount of time you can spend with your children and will likely mean your child support obligation will be increased.
• You will have to immediately surrender any firearms that you own or that you may have in your possession.
• If a domestic violence restraining order is violated the court may order that upon request, the person who receives the restraining order be allowed to tape record all conversations with the person who has the restraining order granted against them.

When facing a restraining order hearing you will want to have an experienced restraining order law firm fighting for you. There is too much at stake to go to court without an experienced Los Angeles restraining order defense attorney. If you decide to not retain a lawyer to help you will likely regret it for years to come.

Please feel free to contact Wallin & Klarich for a free consultation. The attorneys at Wallin & Klarich are available twenty-four hours a day, seven days a week to answer your questions. You can reach us at (888) 280-6839 or visit our website at www.wklaw.com for more information.

San Diego, California is the county seat of San Diego County and the second largest city in California. San Diego hosts two major league sports teams: the San Diego Chargers (NFL) and the San Diego Padres (MLB). Other attractions include the San Diego Zoo and the many miles of fine beaches along the Pacific Ocean coastline. San Diego is the eight largest city in the United States with a population of 1,256,951 in 2006. There were 451,126 households recorded in 2000 in which thirty percent had children under the age of 18 living with them and forty-five percent were married couples living together. It is a simple fact that a city as large as San Diego is going to experience everything from divorce cases, restraining order issues, child custody, and matters involving domestic violence. This is why it is important for skilled family law attorneys to be available at all times to help the community.

The San Diego divorce lawyers and family law attorneys at Wallin & Klarich have more than 30 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 San Diego family law representation and counsel they need to assure a positive outcome in their case.

Continue reading "San Diego Divorce & Family Law Attorneys" »

I am falsely accused of sexual abuse and/or domestic violence. Do I need a sexual abuse attorney and/or a domestic violence attorney?

Sexual abuse in California is not a specific charge, but a blanket term for many criminal charges that have to do with unwanted or inappropriate sexual contact. Criminal charges that might be considered sexual abuse include:

• Any sexual contact with a child, especially long-term contact
• Rape, including spousal rape
• Sexual penetration
• Any other sexual contact achieved through force, threats or duress
• Incest
• Physical abuse with a sexual component

The penalties for these charges vary, but they are usually severe. In many cases, those convicted face lifelong requirements to register as a sex offender, as well as prison, fines and other conventional penalties. Unlike physical domestic violence, which can be charged as a misdemeanor or a felony, most sexual-abuse-related charges are always felonies carrying substantial prison time. Many are also “strike” charges for purposes of the California three-strikes law, which means you face limits on how lenient your sentence can be and enhanced penalties for any future felony conviction at all.

Continue reading "Sexual Abuse and Domestic Violence Charges in California" »

The consequences of having a California restraining order granted against you are severe. If a restraining order is filed against you, it is of the utmost importance to retain the services of a qualified restraining order attorney in California to make sure that the restraining order against you is not granted. If you do not hire an attorney, it is much more likely that the restraining order will be granted against you which could result in one or all of the following devastating consequences:

• The restraining order will likely be filed with the California Law Enforcement Telecommunications System which means if a law enforcement officer stops you, the restraining order will show up on your record for up to 5 years.
• If you willfully and knowingly violate the restraining order, you could face up to $10,000 in fines and possible jail time.
• Restraining orders can be enforced in any place in the state by any law enforcement agency that has been notified of your restraining order. This means you are at risk of violating your restraining order almost anywhere you go.
• Impact on your child support payments. It is likely that the restraining order, if granted, will require your child support payments to be increased.

These are not the only negative consequences that can come from having a restraining order granted against you. Restraining orders can also restrict you from doing any or all of the following:

• Participation in 52 week batterers programs which not only are extremely time consuming, but also equally as expensive.


• No ownership or possession of firearms


• Limited or no contact with the party who filed the restraining order or any children involved. This includes all communication including cards or emails.

With such severe consequences stemming from a restraining order being granted against you, it is extremely important to hire an experienced Los Angeles restraining order lawyer that can fight for you so that a restraining order is not granted against you.

Wallin & Klarich has been handling restraining orders for over 30 years and have many attorneys to work on your case. You need a restraining order attorney to fight for your freedom aggressively and competently. Call Wallin & Klarich anytime at 1-800-749-0034 and talk to an attorney that will be able to correctly handle your restraining order matter today. Also visit our website at www.wklaw.com for additional information.

I am accused of forgery and/or counterfeiting and need a defense attorney

Forgery has several definitions under the law. At its most basic, forgery is knowingly and intentionally creating false documents that are held out as genuine. That includes:

• Signing someone else’s name, or the name of a person who doesn’t exist
• Forging someone else’s handwriting
• Altering or forging documents used as evidence in court
• Falsifying, altering or forging a wide variety of legal documents, or trying to pass falsified documents as genuine, or knowingly receiving forged or counterfeited materials
• Writing a bad check

The list of legal documents that may not be altered or forged is long, but it includes wills, court judgments, checks and other financial documents, deeds or certificates of ownership, medical records, tickets for public or private transit, driver’s licenses and lottery tickets. Importantly, all forgery crimes require the intent to defraud: i.e., you cannot be convicted of forgery if you did not realize a document was false, added material intended to clarify or correct a document or otherwise made an innocent mistake.

Continue reading "Forgery and Counterfeiting Charges in California" »

Anaheim is a city in Orange County, California with a population of 348,467 in 2009, making it the 10th most populated city in the state. Anaheim is expected to grow beyond 400,000 by 2014 as a result of increasing development in its Platinum Triangle as well as in the Anaheim hills area. Anaheim is well known for its theme parks, convention center, and sports teams. Out of 96,969 households, forty-three percent had children under the age of 18 living with them and fifty-six percent were married couples living together. Bearing in mind the many families within Anaheim’s community, it is important for matters involving divorce, child custody, child support or spousal support be handled by skilled family law attorneys.

The skilled Anaheim 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 Anaheim family law representation and counsel they need to assure a positive outcome in their case.

The Anaheim, 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 Anaheim modification of custody, child support debt, paternity or domestic violence, the Anaheim 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.

Without An Experienced Criminal Defense Attorney, Driver’s On Probation For A DUI In California May Lose Their License Under New California Law, If Found To Be Driving With Any Measurable Level Of Alcohol In Their System

Under previous California law, the Department of Motor Vehicles or the California Courts will typically suspend the driver’s driving privilege for up to a year on a first time DUI, and place the driver on probation. DUI offenders who are placed on probation are prohibited from driving with any measurable amount of alcohol in their blood, and are required to submit to a preliminary alcohol screening test if asked to do so by an law enforcement officer. If that person is subsequently found to be driving with a blood alcohol level under the legal limit, an ensuing suspension of driving privileges would not occur. A suspension of the driver’s license would only occur if the person was convicted of a second DUI. A subsequent conviction would require driving with a blood alcohol level over the legal limit.

As of 2009, California law creates new authority for the DMV to administratively suspend driving privileges for one year if the driver is found with any level of alcohol in their system. This new law follows California’s zero tolerance standard. The new law authorizes law enforcement to issue a notice of suspension and impound the driver’s vehicle.

Hiring an experienced California DUI defense law firm can greatly increase your chances of keeping your license. The attorneys at Wallin & Klarich have been helping people keep their license for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

I AM ACCUSED OF DOMESTIC VIOLENCE, WHERE DO I FIND A DOMESTIC VIOLENCE DEFENSE ATTORNEY?

One of the most notorious penalties for a domestic violence conviction is mandatory counseling. If you are granted probation after a domestic violence conviction, the court must order you to at least a year of a “batterer’s program,” which means weekly classes of at least two hours each. These programs are designed to stop future domestic violence by teaching participants to walk away from fights or express their anger in a nonviolent way. They use conventional classes, group therapy, individual counseling and other methods. With limited exceptions, the law says you cannot skip these classes, or your probation will be revoked and you could be sent to prison or jail.

You must pay for these domestic violence classes out of your own pocket if the court believes you can afford to. (The court uses a sliding scale to determine how much you can afford.) Probation will not be lifted until you successfully complete the program -- to the satisfaction of the court and your parole officer -- and until you finish making payments. If your parole officer, the prosecution or the court is not happy with your progress, they can order you to more classes -- or revoke your probation and send you to jail or prison.

In addition to these domestic violence classes, the court may also sentence you to enter alcohol or drug counseling, if it believes substance abuse was a factor in the crime. This could mean outpatient therapy, Alcoholics Anonymous or Narcotics Anonymous meetings or even inpatient rehab. If you are in these programs, you may be subject to regular or random drug testing, to ensure that you’re following the program. And like the batterers’ programs, these substance abuse programs require mandatory attendance and a performance that satisfies the court and probation officer in your case.

Continue reading "California Domestic Violence Defense Attorney - Where to Find One" »

WHAT IS ELDER ABUSE, AND DO I NEED AN ELDER ABUSE ATTORNEY IF CHARGED WITH ELDER ABUSE AS A CRIME?

Elder abuse (and abuse of younger dependent adults, such as adults with mental disabilities) includes all of the same physical abuse that most people think of when they think of domestic violence. However, elder abuse is generally defined much more broadly and also includes:

• Financial exploitation;
• Emotional abuse and controlling behavior;
• Neglect;
• Sexual abuse; &
• Over-or under-medication

Financial abuse accusations against caretakers of dependent adults are especially common. Though financial exploitation is a “real” risk, it is often that concerned family members view a gift from an older person to a caretaker with suspicion or jealousy, leading to false accusations.

Under California law, abuse of a dependent or elder adult is a “wobbler,” meaning it can be charged as a felony or a misdemeanor. However, it will almost always be charged as a felony if the abuse leads to serious injury or death, money and property with a value of more than $400 being stolen, or the accused may be charged with false imprisonment. The non-criminal penalties can also be devastating. Because caretakers are generally either family members or medical professionals, a conviction can end a career or tear a family apart. With so much at stake, it is essential to get help from an experienced domestic violence defense attorney.

Continue reading "California Elder Abuse Charges" »

IM ACCUSED OF EMOTIONAL ABUSE AND NEED AN EMOTIONAL ABUSE ATTORNEY TO DEFEND ME

Emotional abuse is any behavior that helps the abuser emotionally dominate and control the victim. It includes, but is not limited to:

• Frequent put-downs


• Constant criticism


• Threats


• Harassment


• Stalking


• Unreasonable restrictions on the victim’s freedom

Emotional abuse is not itself a crime in California, but our state criminal law does recognize it as an effect of physical and verbal abuse and neglect (e.g., “battered spouse syndrome”). In fact, emotional abuse can be easier to spot than physical abuse. Social workers and others charged with watching for abuse in families look for emotional symptoms like withdrawn behavior, depression, frequent anger, skittishness, picking fights, substance abuse, eating disorders and other self-abuse. In children, this can include frequent “acting out.”

Accusations of emotional abuse frequently go hand-in-hand with physical abuse and/or sexual abuse charges. However, you can be charged with stalking without any accusation of violence so long as you are accused of behavior that puts victims in reasonable fear for their own safety or the safety of their families. That includes victims who are related to you or have had a romantic relationship with you. California takes stalking very seriously. It can be charged as a felony, and it will be if the stalking violates a restraining order or protective order. If you are convicted of felony stalking, you may be required to register as a sex offender for the rest of your life.

Even more than other forms of abuse, emotional abuse is hard to prove. Law enforcement officers may claim they know it when they see it, but in a court of law, they have to prove that claim -- and proving your state of mind is not easy. At Wallin & Klarich, we will do everything we can to make officers live up to that requirement. For example, we can show that the accuser’s fear was not reasonable, or that the emotional effects of the alleged abuse are a result of something else in the accuser’s life.

Continue reading "Accused of Emotional Abuse In California" »

I AM BEING CHARGED WITH SHOPLIFING, DO I NEED A SHOPLIFING ATTORNEY?

Shoplifting is not a crime in California, but a name for a certain kind of theft. Because most people who commit shoplifting steal items worth less than $400, it is usually charged as petty theft and is most likely to be a misdemeanor. In fact, for theft of items worth less than $50, prosecutors may also choose to charge it as an infraction, a category of crime below a misdemeanor. But if you’re charged with a repeat shoplifting offense or you’re charged with stealing goods worth $400 or more, you will likely be charged with felony shoplifting (grand theft or felony petty theft).

Shoplifting is one of the most common theft crimes in California. Teenagers testing their boundaries and older folks who simply forget to pay are two groups commonly charged with shoplifting. Other commonly charged groups are people who steal for psychological (rather than financial) reasons and people who have substance abuse problems. Severe criminal charges and jail time may not be appropriate for these offenders. Our experienced California shoplifting defense attorneys can make a substantial difference, especially if they can step in during the early phases of a case.

Fortunately, Wallin & Klarich has several options for defending a shoplifting charge or reducing its penalties. In cases involving very minor theft or absentmindedness, we can often negotiate directly with the store to return the items or pay restitution, keeping the matter out of the criminal justice system altogether or allowing us to ask for dropped charges. There are several alternative sentencing options available, including community service, counseling, drug court or work-release. We can also negotiate lowered charges in many cases, reducing felony petty theft to a misdemeanor or allowing people charged with misdemeanor petty theft to avoid jail by pleading to trespassing instead.

Continue reading "Charged With Shoplifting In California?" »

Santa Ana is the most populated city in Orange County, California and is the county seat. The Santa Ana Freeway, I-5, runs through the city as a major transportation hub. With an estimated population of 355,662 reported in the beginning of 2009, fifty-three percent of Santa Ana’s households have children under the age of 18 living in them and sixty percent are married couples living together. With such a vast amount of families and children within the community, it is vital that any issues involving divorce, child custody, child support or spousal support be handled by skilled family law attorneys.

The Santa Ana family law attorneys and divorce lawyers 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 Santa Ana family law representation and counsel they need to assure a positive outcome in their case.

The Santa Ana, 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 Santa Ana divorce, child support debt, paternity or domestic violence, the Santa Ana 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.

Yes, even police officer’s can be charged with a crime! Last week, a former police officer for the Bay Area Rapid Transit (BART) was arrested and extradited back to California where he will face charges of murder in Alameda County. On New Year’s morning, the officer was on duty and was responding to a fight that had broken out on one of the BART trains when he allegedly shot an un-armed passenger in the back . The victim was laying on the floor and it does not appear that such lethal force was in any way necessary!

Shortly after the incident, video of the shooting was widely viewed on the internet and the police officer resigned. Surprising as it may seem, police officers are charged with crimes that arise out of on-duty shooting incidents every year. However, most are usually convicted of a lesser charge or are acquitted.

It will definitely be interesting to see how this officer’s case is handled. Wallin and Klarich will be monitoring this very closely over the next few months. Call Wallin and Klarich today if you or a loved one needs help with any California criminal defense matter. Wallin and Klarich has been in the business of helping people in their time of need with their criminal matters for over 30 years and we would like to help you with yours!

Many people do not realize that the date when the alleged criminal offense occurred may be critical to the defense of your case.

There is a “time limit” in which crimes in California may be prosecuted. If the District Attorneys office fails to file criminal charges against you within that time period then a skilled California criminal defense attorney can file the appropriate legal motion to have your case dismissed.

In most misdemeanor cases the statute of limitations is one year. In felony cases the statute of limitations ranges and in most felony matters the statute of limitations is between three and six years. However, there are many exceptions to these general rule for certain crimes.

If you can have your case dismissed based upon a violation of the statute of limitations it means that the prosecution will be forever barred from filing the case against you and you cannot be charged with that crime in the future.

When you are facing a criminal charge you need to make certain that all of your legal rights are protected. Wallin and Klarich has been helping persons accused of crimes win their cases for almost thirty years. Feel free to visit our website at wklaw.com or call us at 877-466-5245. WE will be there when you call.

The City of Orange is located in Orange County, California with a population of over 138,000 in 2005. Orange is known for its charming downtown area with houses build before 1920, reflecting its town motto, “A slice of downtown charm”. As home to thousands of businesses, ranging from major Fortune 500 companies to family-owned stores, Orange is home to the oldest university in Orange County, Santiago Canyon College. Out of the estimated 40,930 households and 30,164 families living in Orange, thirty-seven percent have children under the age of 18 residing with them and fifty-seven are married couples living together. Considering the many families within the community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled family law attorneys.

The City of Orange 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 Orange family law representation and counsel they need to assure a positive outcome in their case.

The Orange, 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 Orange modification of custody, child support debt, paternity or domestic violence, the Orange 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.

Most people already know that DUI arrests are unpleasant events. However, most people don’t realize that not all DUI’s are created equal. Some DUI’s carry stiffer penalties depending on the facts of the case.

Sometimes, the facts of the case can make your DUI arrest worthy of a felony. In other situations, the prosecutor on the case might file additional allegations or “enhancements.” If this happens, the difference between going to jail (or prison) might be the assistance of a good attorney that sit down with you, the prosecutor and negotiate a better deal.

Below, are some examples of enhancements that can directly impact the offer a prosecutor will make on your case:

• Minor Passenger in the vehicle during a DUI (CVC §23572)


• Refusal to Submit to or Failure to Complete Chemical Test (CVC § 23577)


• Excessive Blood Alcohol Level .20 or Above (CVC § 23578)


• second or Subsequent Offense Involving Alcohol or Drugs - Multiple DUI’s Within Ten Years (10) Years (CVC § 23580)


• Fourth or Subsequent DUI Conviction within Ten (10) years Makes Current DUI chargeable as a Felony

This is not an exhaustive list. There are many other enhancements that exist in the California Vehicle Code. Your first step should be to speak to a trained, expert California drunk driving attorney who will help you review your case and determine the best course of action to take.

I Am Being Charged with Assault and Battery: Do I Really Need A Criminal Lawyer for Assault and Battery Charges?

Unfortunately, California assault and battery crimes not easily defined. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Penal Code 240. A battery is any willful and unlawful use of force or violence upon the person of another. Penal Code 242.

In our modern age where we learn so much information from the internet and television, our perceptions of what is assault, battery, and most importantly self-defense has been skewed. If someone swings and misses and you swing and hit, you may think your actions were in self-defense. However, in the eyes of the criminal justice system, self-defense can be very different. The most common misconception is that you can swing back as many times and with anything you want, since you were attacked first. This is not always the case, and in many cases the District Attorney and the Judge will view what you did as use of "excessive force" that goes above and beyond simply "defending" yourself, which is what the law allows.

Continue reading "Assault and Battery in California: Self Defense a Fine Line" »