Southern California Defense Blog

Palm Desert is a city in the Coachella Valley in Riverside County, California. Palm Desert’s area was originally referred to as the Old MacDonald Ranch, which changed to Palm Village in the 1920s when date palms were planted. Many vacationers from colder climates enjoy the warm climate of Palm desert, increasing the population by an estimated 31,000 each winter. The population was 47,000 in 2008 and out of about 19,184 households, nineteen percent had children under the age of 18 living with them and forty-nine percent were married couples living together. Given the large amount of families within Palm Desert’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled California family law attorneys.

The experienced Palm Desert 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 Palm Desert family law representation and counsel they need to assure a positive outcome in their case.

The Palm Desert, 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 Palm Desert domestic violence, child support debt, paternity, or modification of custody, the Palm Desert 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. Call 1-888-749-7428 to get in contact with an attorney today.

Juvenile Defendant Wins New Trial in Child Molest Case Based Upon Ineffective Assistance of Counsel for Failure to Properly Investigate the Facts of Case

Recently the court of appeals has reversed the conviction of a juvenile who was accused of attempted child molestation after the juvenile was found guilty by a judge of committing the alleged offense. The court of appeals found that the juvenile had received deficient legal representation by the public defenders office for his juvenile crime.

The juvenile had requested the public defender to investigate his claimed defense to the charge. The public defender believing that the judge would not provide funding to hire an investigator failed to ask for a continuance of the trial and failed to request the judge to appoint experts that would be necessary to adequately defend his client.

The court of appeals made clear what the law is in the State of California by declaring that a criminal defense attorney has “an obligation to investigate all possible defenses and should not select a defense strategy without first carrying out an adequate investigation.”

At Wallin and Klarich we receive many calls from clients who are unhappy with the quality of the services they are being provided by their current lawyer. We often find that the lawyer that is representing the accused has not taken the time to properly investigate the defenses available to the client. In many cases the criminal defense attorney fails to advise the client of the need to retain an investigator to uncover the “true facts” of the case.

When you are facing criminal charges where you could end up in jail, at very minimum you need a top California criminal defense firm on your side that will review the police reports and then assist you in obtaining the help of an investigator, when appropriate, to help you win your case. Feel free to contact Wallin and Klarich 24/7 by going to wklaw.com or contacting us toll free at 888.280.6839.
We will be there when you call.

What If My Probation Is Revoked? What Do I Do If I Have A Probation Hearing Coming Up? Do I hire a Criminal Defense Attorney?

If you are facing a probation revocation hearing in California, it is important that you hire a private attorney immediately. The possible consequences you face are serious, and you need the support of an experienced, professional criminal defense firm.

In a probation revocation hearing, the prosecution need only show “by a preponderance of the evidence” that you violated your probation. This is not the same as a criminal case where the prosecution must prove their case beyond a reasonable doubt.

You also do not have the same rights at probation revocation hearings as you would in a normal criminal trial. In fact, according to a recent court opinion, you may not even have the right to confront witnesses against you for spontaneous statements, or those made while the declarant (i.e., the person who made the statement) was under the stress of excitement caused by such perception. In that case, People v. Stanphill, the court held that those spontaneous statements may be used against a defendant in a probation revocation hearing without having that declarant available to be cross-examined, and that this does not violate due process.

It imperative that you retain an experienced California criminal law firm who is aware of all of these due process issues and who will be fully and adequately prepared for the probation revocation hearing. The attorneys at Wallin & Klarich have over 30 years of experience in probation revocation hearings as well as other criminal defense matters, and they can aggressively and effectively represent you in court to get your case resolved to your satisfaction.

For a consultation to discuss your offense or hearing 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.

One Crime but Many Charges? Why You Must Have A Criminal Defense Lawyer

How can the government charge many crimes when it's only one event? It’s done everyday. They will say it’s different theories of the same event. An example is the recent California case of People v. Kevefrick.

The defendant in that case forged documents to take the victims money. She also did burglaries, that is she entered buildings to complete the forgery and thefts. On this theory she could be found guilty on three charges, for each time she went into a building, forged a document, and took money. There is good news. Three charges doesn’t mean three times the penalty. The defendant could only be punished for one of the three offenses. That’s because she only had a single criminal intent – to take the victims money.

Some lawyers go down a list of charges and count the maximum penalty for each. You could be told that’s what your facing. It’s a lot more complicated than that. You need a competent, experienced California criminal defense lawyer who gives correct answers.

Wallin & Klarich has over 30 years of experience and is here to give you the help you need in resolving your criminal case. We have attorneys standing by 24 hours a day 7 days a week. Just call 1-888-280-6839 to speak to an attorney and find out how Wallin & Klarich can help you. Also visit us online at www.wklaw.com.

You’re charged with a crime. Does a victim identification always have to be confirmed in court? The answer is not always. In California one of the exceptions is in California Evidence Code 1240. It allows some out of court statements of a witness where the statement was made spontaneously, while the declarant was under the stress of excitement caused by such perception.

The recent case of People v. Stamphill is a good example of how low a court can go. In that case the statements were made some 30 minutes after the incident (a battery) when the public were asking questions. The victim was not excited, but was upset and breathing heavily. It took the victim 15 seconds to identify the suspect. The court still allowed the statements and identification into evidence when the victim was not personally in court.

Wallin & Klarich has over 30 years of experience and is here to give you the help you need in resolving your criminal case. We have top California criminal defense attorneys standing by 24 hours a day 7 days a week. Just call 1-888-280-6839 to speak to an attorney and find out how Wallin & Klarich can help you. Also visit us online at www.wklaw.com.

Deportation for Drunk Driving: Why You Need a Criminal Defense Attorney

A new court decision may allow persons convicted of drunk driving to be deported. On March 4, 2009, the United States Appeals Court for the 9th circuit decided the case of Marmolejo-Campos v. Holder. Mr. Campos was a Mexican national who was convicted of driving under the influence for the second time. While pleading guilty, he admitted knowing his license was suspended or revoked.

The Board of Immigration Appeals had ruled Mr. Campos could be deported for the charge of driving under the influence with a suspended driver’s license. They found the combination of driving under the influence with a suspended license constituted “moral turpitude.” Mr. Campos appealed that decision to the United States Appeals Court. The Appeals Court declined to change the decision. Mr. Campos was found to be deportable for a misdemeanor offense.

Wallin & Klarich has over 30 years of experience and is here to give you the help you need in resolving your criminal case. We have skilled California criminal defense attorneys standing by 24 hours a day 7 days a week. Just call 1-888-280-6839 to speak to an attorney and find out how Wallin & Klarich can help you. Also visit us online at www.wklaw.com.

Palmdale is one of the largest cities in the Mojave Desert of California. Palmdale was and continues to be a key location during much of the research and development on many of the United States Air Force's modern aircraft. Some of the better known projects include the SR-71 Blackbird, F-117 Nighthawk, B2 Spirit and the F-35 JSF. Palmdale had an estimated population of 147,897 in 2008. Out of 34,285 households, fifty-five percent had children under the age of 18 living with them and sixty percent were married couples living together. Given the large amount of families within Monrovia’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled California family law attorneys.

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

The Palmdale, 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 Palmdale child support debt, paternity, modification of custody or domestic violence, the Palmdale 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. Call 1-888-749-7428 to get in contact with an attorney today.

Criminal Defense Attorneys May Have More Than One Attempt At Suppressing Damaging Evidence

You may be able to get a second bite at the apple for suppression hearings, but there must be new evidence that justifies the second bite, or your request will be denied.

Late last year, a California Appellate Court ruled that a Defendant was not entitled to a new hearing on a suppression motion at the retrial, unless she could not present additional evidence that would justify a different ruling. Courts are reluctant to question the discretion of another magistrate, or their position on the credibility of witnesses or evidence that was presented at a suppression hearing.

If a magistrate has already heard your case, and ruled against you, it’s generally a closed issue. The only time the issue may be reopened for consideration is if there is NEW evidence that the appellate lawyer was unaware of at the time of the original hearing. A qualified attorney will be able to review all the evidence and advise you accordingly.

Wallin & Klarich criminal defense attorneys in California know what it takes to defend their clients, including evidence suppression rights. Call now to speak to an experienced criminal law attorney.

Wallin & Klarich can be reached 24 hours a day, 7 days a week at 877-466-5245, or you may go to our website at www,wklaw.com for more information.

What Does it Mean to Seal your Juvenile Record?
Sealing the records for your juvenile crimes in California means that all records held by the police department, the court, the district attorney, and the probation department will be deemed not to have occurred. You can answer “no” to any questions asking whether you have a criminal record or whether you’ve ever been arrested. You can also answer “no” if you are asked if you have a sealed record. (See T.N.G. v. Superior Court (1971) 4 Cal.3d 767).

Why is it Important to Have your Juvenile Record Sealed?
It is important to have your juvenile record sealed because when you apply to potential employers, colleges, college financial aid programs, and professional licensing agencies, you might be asked about having a criminal record. If your juvenile record is sealed, you can deny having a criminal record on all of these applications. To ensure your juvenile record is sealed efficiently, you may need the help of an experienced California expungement lawyer. Agencies (in addition to local law enforcement and probation departments) may have records about you and your background. These agencies should be contacted immediately after your juvenile records are sealed.

Once given notice by the court, these agencies are required to remove any reference to your juvenile record and to respond that they have no record for you if asked. Also, sealing your records means that you are not required to register as a sex offender in California under Penal Code Section 290. Welf & IC §781(a)

For a free consultation to discuss your case please call Wallin & Klarich at 888.280.6839. Our top California criminal defense 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.

Ontario is a thriving city in San Bernardino County, California. Ontario’s population has exploded; increasing to nearly one hundred times the size it was one hundred years ago. Today, it hosts a small international airport and an ECHL hockey team, the Ontario Reign. Its economy today is primarily focused on service and warehousing but some agriculture and manufacturing facilities remain. Out of 43,525 households in Ontario, forty-nine percent have children under the age of 18 living with them and fifty-seven percent are married couples living together. Given the large amount of families within Ontario’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled California family law attorneys.

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

The Ontario, 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 Ontario domestic violence, child support, paternity or modification of custody, the Ontario 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. Call 1-888-749-7428 to get in contact with an attorney today.

If You Are Arrested for Selling Drugs and the Police Saw You Making Several Sales, You Must Hire an Experienced Criminal Defense Attorney.

If you were arrested for selling drugs in a California drug crime, you should know the difference between consecutive and concurrent sentences because new case law might affect your maximum exposure to time in prison.

In re: Noelle M., a minor was arrested for selling methadone at a high school homecoming football game. He sold pills to seven students, two of which overdosed and died after ingesting them. The defendant was charged with two counts of manslaughter, one count of conspiracy to sell narcotics, and five separate counts of selling narcotics.

The court found the defendant guilty on all 8 counts and sentenced him to consecutive sentences for each count. The defendant appealed and argued that since he was selling drugs throughout the night, there was only one continuous course of conduct.

However, the court of appeals disagreed and stated that each drug transaction was a separate act. Therefore, the court held that giving the defendant back-to-back sentences on each count was legal because each transaction was separate and distinct from the others.

Continue reading "Selling Drugs in California: Concurrent & Consecutive Sentences " »

Why You Need an Experienced Criminal Law Firm to Help You Make that Decision

You may be able to get a second chance for suppression hearings, but there better be new evidence that justifies the request, or your request will be denied.

Late last year, a California Appellate Court ruled that a Defendant was not entitled to a new hearing on a suppression motion at the retrial, unless the defendants could present additional evidence that would justify a different ruling. A court will not question the discretion of another magistrate, or their position on the credibility of witnesses or evidence that was presented at a suppression hearing. If a magistrate has already heard your case, and ruled against you, it’s generally a closed issue.

However, in some cases you may be able to bring a second suppression motion if it is based on “newly discovered evidence.”

To be considered newly discovered evidence, you and your criminal appeals lawyer will have to show that at the time of the original hearing, the defense was unaware of this new evidence. If you can convince the judge on this point, then the judge has the legal discretion to permit you a new hearing.

It is critical that you have an experienced California criminal defense law firm at your side when you are facing a serious criminal charge. Contact Wallin and Klarich 24/7 and we will be there to answer your questions. You can reach us at 888.280.6839 or our website, wklaw.com for information as to how we might help you win your case.

Aggressive Criminal Defense Attorney Exposes Law Enforcement Officers Who Lied While Testifying In Prosecution

Last month a story surfaced which highlights the troubling phenomenon of law enforcement officials lying while testifying for the prosecution. In a Los Angeles case, three LAPD officers testified during a criminal trial that they chased a defendant into an apartment complex, where they saw the defendant throw a black object away as he was attempting to flee. The officers further testified that one of the pursuing officers picked up the object immediately, and found $260 worth of cocaine, claiming there to have been a drug crime committed.

After the officers testified, defense counsel introduced a surveillance camera recording from the apartment complex into evidence. The video showed officers searching for over twenty minutes before they found the drugs. The video also caught one of the officers telling his colleges to be “creative with your writing” of the report. After the introduction of the video, the trial judge dismissed the charges against the defendant. The officers were thereafter suspended, and are currently being investigated by the United States Attorney’s office.

Continue reading "Dishonest Testimonies Have Consequences" »

Absent A Stipulation, A Commissioner Lacks the Authority to Rule on an Issue Contested by the Criminal Defense Attorney

A Defendant refused to sign a stipulation giving a commissioner the authority to continue a preliminary hearing. In Harutyunyan v. Superior Court, the California Appellate Court held that while a commissioner can hear uncontested matters, the commissioner had no authority to continue the preliminary hearing on a contested issue absent a stipulation.

Wallin & Klarich criminal defense attorneys in California know what it takes to defend their client’s procedural rights such as the one described above and that could mean the difference between successfully defending your own case or losing it. Call now to speak to an experienced criminal law attorney at Wallin & Klarich.

Wallin & Klarich can be reached 24 hours a day, 7 days a week at 877-466-5245, or you may go to our website at wklaw.com for more information.

What Happens If I’m A Juvenile And I’m Caught With Marijuana In My Possession? What Are The Consequences If I’m Convicted?

A conviction for possession of marijuana, even for a small amount, can have serious consequences. This is especially true if you are under the age of 18. If you are under the age of 18, your case will be handled in the juvenile courts. If you are convicted of marijuana possession as a juvenile, the court is required to impose a myriad of different penalties for the juvenile criminal offense committed. These penalties include attending a school program approved by a probation officer without any absences, counseling, and a curfew. These are just the minimum penalties. The juvenile court can go even farther.

According to one case, In re Walter P., the court can confine you to your home for a specified period of time. During this time, you are not allowed to leave the house unless it is to go school or you are accompanied by a parent.

You may think that possession is a rather minor crime, but it carries with it some serious penalties as a drug crime in California. That is why it is imperative that you hire a competent defense attorney for this and other criminal matters.

The attorneys at Wallin & Klarich have over 30 years experience in misdemeanor offenses as well as other criminal defense matters 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 offense please call us at 888.280.6839. Our top California criminal defense 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.

Newport Beach is located along the Pacific coast in Orange County. There are several notable attractions in Newport Beach but the most famous landmark is the Balboa Pavilion. Established in 1906, it now performs many functions including a ferry service to Catalina Island, conference center and skiff rentals. Other attractions include the Orange County Museum of Art and Balboa Peninsula. Newport Beach’s population was 84,554 in 2008 and out of 33,071 households, eighteen percent had children under the age of 18 living with them and forty-two percent were married couples living together. Given the large amount of families within Newport Beach’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by experienced California family law attorneys.

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

The Newport Beach, 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 Newport Beach child support, paternity, modification of custody or domestic violence, the Newport Beach 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. Call 1-888-749-7428 to get in contact with an attorney today.

“Personal Possession” of Child Pornography Can Be Supported By Many Different Forms of Circumstantial Evidence

In Tecklenburg v. Superior Court, child pornography was found in the defendant’s home on the family computer. The defendant argued that the child pornography was not his and that it may have been the result of accidental internet use or involuntary computer pop-ups.

The prosecution set forth evidence that the size and format of the child pornography images did not match that of a pop-up, some images were found multiple times, and various word searches included terms commonly connected with child pornography. In addition, similar evidence was found on the defendant’s work computer.

The court found that the circumstantial evidence was sufficient to show the defendant personally possessed the child pornography on the family computer.

Get the competent representation you will need for your defense in court. Wallin & Klarich has had over 30 years of experience as child pornography defense attorneys. Contact the attorneys at Wallin & Klarich to represent you in this difficult and stressful time in your life. Visit our website at www.wklaw.com or call us at 888-749-0034. We will be there when you call.

According to Attorney General Bill Lockyer, concentrated cannabis, or hashish, is included within the meaning of “marijuana” and may be used for medical purposes under Proposition 215.

Lockyer told Menocino County Sheriff-Coroner Anthony J. Craver that voters must have intended to include all forms of cannabis when they passed the “Compassionate Use Act of 1996.”

Implementation of the Compassionate Use Act of 1996 has been difficult because federal authorities continue to enforce conflicting federal law which does not recognize any legitimate uses for cannabis.

Hashish is distinguished by its high level of tetrahydrocannabinol (THC). THC is the most active pharmacological ingredient in marijuana. Ordinary marijuana has a THC level of between five and 60 percent, while the concentrated from Hashish may have a THC level of as high as 70 percent.

The attorney general noted that under Proposition 215, if a patient or caregiver “possesses or cultivates marijuana for the patient’s medical purposes upon the recommendation or approval of a physician,” that person is exempt from prosecution under Health and Safety Code Sections 11357 and 11358.

Health and Safety Code Section 11357 makes possession of hashish a “wobbler,” punishable by up to three years in prison, and makes possession of up to 28.5 grams of marijuana, “other than concentrated cannabis,” a misdemeanor carrying a fine of no more than $100. An exception is made for possession of ordinary marijuana on school grounds, which carries a fine of up to $500 and/or a maximum of 10 days in jail.

Health and Safety Code Section 11358 makes cultivation of marijuana, in any form, a felony punishable by up to three years in prison as a drug crime.

The statutory definition of marijuana for purposes of Proposition 215 “plainly includes concentrated cannabis,” Lockyer wrote. There is no reason to interpret “marijuana” differently in Proposition 215 than in other laws, the attorney general explained, adding that had the authors of the initiative intended to exclude hashish from the definition, they would have used language similar to the “other than concentrated cannabis” (Section 11357).

“Of course, if concentrated cannabis were not ‘marijuana’ in the first instance, there would be no need in section 11357 to employ the phrase ‘other than concentrated cannabis,’” the attorney general explained. He added that there was nothing in the ballot materials for the initiative that indicated intent to treat hashish in a different manner than the less potent forms of the drug.

For a free consultation to discuss your drug offense or eligibility for drug treatment please call us at (888) 280-6839. Our 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.

Monrovia is located in the San Gabriel Valley in the San Gabriel Mountain foothills of Los Angeles County, California. In 2005, Monrovia had an estimated population of 37,954. Monrovia is the fourth oldest general law city in the Los Angeles Basin and County. Out of 13,502 households, thirty-five percent had children under the age of 18 living with them and forty-six percent were married couples living together. Given the large amount of families within Monrovia’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by top California family law attorneys.

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

The Monrovia, 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 Monrovia paternity, modification of custody, child support debt or domestic violence, the Monrovia 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. Call 1-888-749-7428 to get in contact with an attorney today.

The Sex Offender Registration Imposed 20 Years Ago Violated Equal Protection

Twenty years after a sex offender was convicted by a jury of oral copulation with a minor and was required to register as a sex offender, the offender moved to lift the lifetime registration requirement. The Superior Court, denied the motion.

In Lewis v. Superior Court, 169 Cal.App.4th 70, the California Court of Appeal held that mandatory sex offender registration violated defendant’s equal protection rights as stated in People v. Hofsheier (2006) 37 Cal.4th 1185. Neither defendant’s 1987 conviction nor his subsequent history supported an order requiring him to register as a sex offender. The order was set aside.

Wallin & Klarich criminal defense attorneys in California know what it takes to defend crimes such as the one described above and that could mean the difference between registering for life, or having your freedom. Call now to speak to an experienced criminal law attorney at Wallin & Klarich.

Simultaneous Possession of Multiple Child Pornography Materials in Multiple Computers at the Same Location is Chargeable, But As One Violation of State Law

In People v. Manfredi, the defendant was found with multiple images of child pornography in his home on multiple computers, hard drives, discs and tapes. As a result, the prosecutor filed several counts of possession of child pornography under Penal Code section 311.11.

The defendant argued that the charging of multiple counts was improper and that he should have only been charged with one count. On the other hand, the prosecutor argued that multiple counts were proper because the child pornography was found in different locations of the house.

The trial court granted the defendant’s demurrer and found that the statute was ambiguous. The court ruled that simultaneous possession of multiple child pornography materials in multiple computers at the same location is chargeable but as one offense.

Get the competent representation you will need for your defense in court. Wallin & Klarich has had over 30 years of experience as child pornography defense attorneys. Contact the attorneys at Wallin & Klarich to represent you in this difficult and stressful time in your life. Visit our website at www.wklaw.com or call us at 888-749-0034. We will be there when you call.

Pay Attention to Your Miranda Rights

You learned from the television that police officers are supposed to read you your Miranda rights if you are arrested. Do you know how many Miranda rights you have? Do you know what your Miranda rights are? Do you know how important they can be?

A judge recently decided that if a police officer does not tell the person he arrests all of his Miranda rights, the criminal case against the individual might be dismissed. In a recent case, a police officer told a man about his Miranda rights, but the officer left out one of the rights. Later on, the man ended up confessing to a crime. However, the judge decided that the man’s confession could not be used against him because the police officer never told him the last Miranda right. What this means is if you are arrested, you need to pay attention to your Miranda rights.

If you are charged with a crime, you need to hire a lawyer who knows the law. You need to hire a lawyer who will make sure you have been advised of your rights and will make sure your rights are protected. If you would like to talk to a knowledgeable and experienced criminal defense lawyer, please contact us.

Don’t Let Your Ghost of Christmas Past Come Back to Haunt You

If you are charged with a crime, there is always a chance that your case will end up going to jury trial. When considering whether or not to go to trial, you and your lawyer must first determine what evidence will be presented to the jury. After all, what the jury sees and hears is what determines your fate.

There was a recent case where an individual was represented by another law firm. The defendant testified in trial that he did not hate women or mistreat prostitutes and he also denied excessive drug use. However, the prosecutor handling the case was prepared. The prosecutor knew that the defendant was not telling the whole truth. In fact, the prosecutor had a witness testify that the defendant had indeed acted in a way that revealed his drug use and his mistreatment of women. You can just imagine what the members of the jury were thinking. You can bet the jury did not believe anything the defendant said from that point on.

There are two lessons that you should learn from this true story. First, you should tell your lawyer everything—the truth, the whole truth, and nothing but the truth. If the man in the story above had told his lawyer the truth, his lawyer probably would not have had him testify to those things that were not true. Second, make sure to never let your past conduct come back to haunt you. In the story above, the defendant’s past conduct was a huge factor in his trial. Ultimately, it might have been the “nail in the coffin” so to speak.

If you or a loved one has been charged with a crime, and you are facing the possibility of going to trial, make sure you speak with an experienced criminal defense trial lawyer. It is not enough to hire a lawyer that is “pretty good” in trial. You need an amazing trial lawyer. Please contact Wallin & Klarich with any question you might have. You can also check out our website at www.wklaw.com.

Chris Brown was charged with two felony counts of assault and making criminal threats against singer, Rihanna, on March 5, 2009. When he appeared in court, the judge ordered a protective order; Chris Brown must not molest, annoy, harass, make threats, or have any negative contact against anyone. Rihanna’s attorney was present and stated that the singer did not want a “no contact” order made, which if granted/ordered, the defendant could not have ANY contact with the victim.

In this case, the judge could have issued the “no contact” order, and it would have prevented Chris Brown to have ANY contact with Rihanna, but she did not want this ordered. Although, if Rihanna had wanted to keep Chris Brown away, under the circumstances, her attorney could have easily had the judge issue a “no contact” order, filed a restraining order through the family law court, or both.

Restraining orders are usually heard the same day or the following day, depending on the facts of the case, the calendar, and the court. In Rihanna’s case, the judge in the family law court would have granted a temporary restraining order first, then would have set another hearing for the permanent restraining order, and it likely would have been granted.

If you or a loved one has been accused of a crime it is incredibly important to choose the right attorney and the right law firm to represent you and help fight the restraining order and arrest. Wallin & Klarich criminal defense attorneys in California know what it takes to defend their clients, and you can speak to one of their attorneys by calling now at 888-280-6839, or you may go to our website at www.wklaw.com for more information about setting up an appointment.

Long Beach is part of the Los Angeles metropolitan area and is one of the largest cities in California. The Port of Long Beach is one of the largest ports in the world and the primary distribution point for goods arriving in the United States from Asia. Among its entertainment attractions is the Long Beach Grand Prix Formula One racing track that hosts both IndyCar and Le Mans racing. Long Beach had an estimated population of 492,642 in 2008. Given the large amount of residents within Long Beach’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled California family law attorneys.

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

The Long Beach, 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 Long Beach modification of custody, child support debt, paternity or domestic violence, the Long Beach 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. Call 1-888-749-7428 to get in contact with an attorney today.

What Can Happen If I’m Given Probation As A Term Of My Sentence?
How Probation Can Affect You Owning A Pet

Probation can be a major intrusion into your life no matter how lenient the terms of the probation are. Unfortunately, the intrusiveness of probation just got a whole lot worse.

According to a recent California Supreme Court opinion, the criminal courts may now impose a condition of probation in California requiring the defendant to notify his probation officer of the presence of any pets at defendant’s place of residence. It doesn't matter if you own a timid toy poodle or gutless goldfish, you will have to tell the probation officer.

This is why it’s important to hire an experienced law firm to protect your interest to make sure that if probation is a condition of your sentence, that the probation terms allow for you to own a dog, fish, or any other harmless pet.

The California criminal defense attorneys at Wallin & Klarich have handled thousands of cases dealing with probation and the consequences of being on probation. Our attorneys have over 30 years experience in misdemeanor offenses as well as other criminal defense matters, and they can aggressively and effectively represent you in court to get your case resolved to your satisfaction.

For a free consultation to discuss your 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.

Are You on Probation for a DUI?

If so, please keep reading because recent changes in California Law make having your California driver’s license suspended much easier.

Beginning January 1, 2009 California Vehicle Code section 23154 will impose a zero tolerance policy on people on probation for DUI’s. In other words, if the cops stop you and you have any alcohol in your system, you’re going to see your license suspended for a period of one year.

If you’re on probation for DUI and you’re stopped by a police officer you cannot refuse to blow into the Preliminary Alcohol Screening (PAS) device during a DUI investigation on the side of the road. Keep in mind that this new rule applies only to those who are on probation for DUI. If you are not on probation for DUI, you are not obligated to blow into the PAS device during a field sobriety examination.

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Lancaster is located in Southern California’s Antelope Valley and is the ninth fastest growing city in the United States. With an estimated 145,243 residents living in the city in 2008, Lancaster is the eighth largest city in Los Angeles County. The city draws national and local companies in from lots of different businesses and industries. Many inhabitants are drawn to Lancaster to pursue the American Dream of running a business and becoming a homeowner since the area is known for its business-friendly guidelines and low-cost land. Given the amount of families within Lancaster’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled family law attorneys.

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

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Judge Throws Out A Nearly 30-year-Old Murder Conviction After Finding Prosecutorial Misconduct.

A Los Angeles County Superior Court judge tossed out a nearly 30-year-old murder conviction. Judge David S. Wesley found that the prosecutors had violated the defendant’s rights and withheld evidence from defense attorneys. In his ruling, Judge Wesley said that attorneys for Adam Miranda should have been told that witness Joe Saucedo had confessed to the killing.

Adam Miranda and Joe Saucedo were initially charged with the 1980 stabbing death of Robert Hosey. Saucedo later told prosecutors that Miranda was responsible for the killing. Saucedo cut a deal with prosecutors that allowed him to plead to a lesser charge of assault with a deadly weapon, and was given two years of probation in return for his testimony against Miranda. Miranda, now 48, pleaded guilty to second-degree murder after Saucedo testified against him at the preliminary hearing. Saucedo was the sole witness at the hearing.

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Some DA’s may go as far as to violate the law to put you in jail

When facing serious criminal charges it’s extremely important to have a criminal defense attorney present in order to properly defend you. The consequences of being convicted of these crimes can be severe and for that reason you need an attorney that knows the law and has vast experience in criminal defense in order to be properly defended. Now more than ever though, it is essential to have the right attorney as some authority figures such as District Attorneys will literally do anything to get you in jail.

Recently in San Jose, “a State Bar judge suspended Santa Clara County Deputy District Attorney Ben Field’s license to practice law for four years due to repeated instances of professional misconduct.” Field’s license has been suspended after he was found guilty of abusing his prosecutorial power, concealing relevant and material evidence and violating the constitutional rights of defendants.”

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Your license can still be suspended even if you are not convicted of a DUI in California

Although it is well-known that if you are convicted of DUI, your driver’s license will most likely be suspended. What is not as commonly known is that there are many cases in which if you are convicted of a violation other than DUI you can still get your driver’s license suspended. Violations of the following, although not DUI related, carry heavy penalties that could result in the loss of your driver’s license:

• California Vehicle Code (CVC) 2800.1, 2800.2, and 2800.3 are all variations of an “Evading a Peace Officer” charge. CVC 2800.1 is simple “Evading a Peace Officer,” 2800.2 is “Evading a Peace Officer: Reckless Driving,” and 2800.3 is “Evading a Peace Officer Causing Injury or Death.” These vehicle codes clearly state that you may not “willfully flee or otherwise attempt to elude a pursuing peace officer's motor vehicle.” Doing so results in a violation of any one of these three statutes and not only a suspended license but also possible jail time.

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Accidentally firing a weapon is a defense to murder - why hiring an experienced criminal defense firm can save you from prison

A recent California appeals case, People v. Villanueva, held that the trial court was mistaken when the trial court failed to instruct the jury that they could find the defendant not guilty based on self-defense. 2008 D.A.R. 18235 (2nd Dist. 2008) Dec. 12 2008 (B202418). Defendant testified that he drew a weapon in self-defense, but fired accidentally. Normally, this shooting is not considered self-defense. However, the California Court of Appeal found that homicide is excusable when a person shows a weapon to defend themselves then accidentally fires such weapon.

If you find yourself or a loved one in a situation where you or that loved one is facing a murder charge but the homicide was an accident or in self-defense you need an experienced, aggressive California murder defense attorney. Wallin & Klarich criminal defense attorneys in California know the current law and what it takes to defend crimes such as the one described above. Such knowledge and experience could mean the difference between staying in jail and having your freedom. Call now to speak to an experienced criminal law attorney at Wallin & Klarich. You can reach us toll free at 888-280-6839.

Have you ever tried to file for divorce or custody of your children on your own, and found the process extremely frustrating? If so, you are not alone! First of all, there are several forms to fill out. Thus, just figuring out what forms you need can give you a headache. Then, if you are able to fill out what forms you need, you still need to complete them out properly.

If you can eventually get the proper forms filled out, then what do you do? Well, you still need to: have the forms properly filed and served; make sure that your filing fee is taken care of and that you get a mediation date set up; have the court give you a hearing date; go to that hearing date and be able to successfully stand up to the opposing side and argue your case; and be able to draft and submit an order after hearing or final judgment.

This entire process can be extremely difficult to finish, as it sounds exhausting just thinking about it. For this reason, many who begin this process on their own, without a California family law attorney, are not able to get past the first stage of finding out what forms they need to start, let alone complete the process. Thus, if you want to save time and avoid the headache of attempting to do it on your own, call the experienced family law attorney’s and Wallin and Klarich. Wallin and Klarich has been in the business of helping people with their family law matters in their time of need for over 30 years and we would like to help you with yours! Please feel free to contact Wallin & Klarich for a free consultation. The attorneys at Wallin & Klarich are available 24 hours a day, seven days a week to answer your questions. You can reach us at 877-466-5245, or visit our website at www.wkfamilylaw.com for more information.

Irvine is a city in Orange County, California that had a recorded population of 209,806 people in 2008. Irvine was chosen by CNNMoney.com as the fourth best place to live in the United States due to its many prominent schools, jobs, and housing. The 2000 census reported that out of 51,199 households, thirty-six had children under the age of 18 living with them and fifty-four were married couples living together. Given the proximity of Irvine’s inhabitants and 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 Irvine 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.

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Most recently the appellate court’s came down the with ruling above. In People v. Harbert, 170 Cal. App. 4th 42, the defendant was convicted of leaving the scene of an accident where there was an injury under Vehicle Code Section 20001. The defendant argued that the code section requires proof that the defendant had actual knowledge of having been involved in a hit and run accident that resulted in an injury to a person. The appellate court, however, opined that constructive knowledge is sufficient to show the accident or collision involved a person. Defendant Harbert in this case believed he hit a deer instead of a person, however, his actions after the accident was relevant to show knowledge of having been in an accident with a human being and not a deer. The court stated that actual knowledge is not required but constructive knowledge is enough to show that the defendant had known that he was involved in an accident with another person. Victim was walking home from work attempting to cross a busy street when she was hit by defendant’s car. The Victim died an hour later at the hospital. The defendant did not stop and had his vehicle repaired subsequently, the police obtained a warrant and searched his home and found the vehicle covered in the garage with considerable damages. The victim’s earring was lodged in the windshield well of defendant’s car. Police seized defendant’s computer and determined he had searched the local police department’s website about this recent incident. Defendant also searched topics such as “auto accidents and the law” and topics such as “auto glass” and “auto parts”. Defendant further made a search for “hit and run” within a few days of the incident and the topic of “auto glass reporting requirements to law enforcement”. The circumstantial evidence against the defendant was overwhelming. Defendant admitted to driving his vehicle that night and hitting an object. There was no evidence that defendant’s vehicle collided with another vehicle and the victim was near the proximity of a crosswalk where the incident occurred. Furthermore, Defendant admitted that he did not actually see a deer and there was no evidence that the defendant had personal knowledge that deer were in that area near the site of incident. There was also evidence that deer did not frequent that particular area. The impact caused considerable damage to defendant’s vehicle, tore off the hood ornament, and destroyed his windshield. Defendant also testified that he had entertained the thought that he had hit a human being. Additionally, once defendant arrived home, he searched the internet for things related to a hit and run showing his suspicions lingered and would not go away. The defendant was convicted and sentenced to state prison.

Wallin & Klarich criminal defense attorneys in California know what it takes to defend crimes such as the one described above and that could mean the difference between staying in jail and having your freedom. Call now to speak to an experienced criminal law attorney at Wallin & Klarich.

If I am eligible for both Penal Code 1000 and Proposition 36 drug diversion, which is preferred?

Penal Code 1000 is more time-consuming and intensive than the treatment mandated by Proposition 36. Treatment under Penal Code 1000 can last up to three years, with a minimum of eighteen months. On the other hand, the maximum treatment period under Proposition 36 is twelve months, with the possibility of aftercare for six more months.

Under Penal Code 1000, the prosecutors and probation officers have great discretion in deciding whether to terminate a defendant from drug diversion. Both the prosecutors and probation officers can initiate termination, if in their judgment; the defendant is not performing satisfactorily.

Revocation under Proposition 36 requires notification by the treatment provider to the probation department that the defendant is not fit for treatment.

For a free consultation to discuss your drug offense or eligibility for drug treatment please call us at (888) 280-6839. Our Southern California drug crime defense 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.

Hollywood is a well-known district in Los Angeles, California located just west-northwest of Downtown LA. Hollywood is most known for being the historical center of movie studios and movie stars. According to the 2000 census, 210,777 people lived in Hollywood with a population density of 8,443 people per square mile. Given the proximity of Hollywood’s inhabitants and 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 Hollywood 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 Hollywood family law representation and counsel they need to assure a positive outcome in their case.

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Avoid devastating collateral consequences; Why you need to retain a California drug offense defense attorney to get admitted to Penal Code 1000 drug diversion program

Under Penal Code 1000, even if the defendant has entered a plea of guilty, he is not “convicted” while undergoing the treatment in the deferred entry of judgment program.

Penal Code 1000 provides, "A defendant's plea of guilty...shall not constitute a conviction for any purpose unless a judgment of guilty is entered." Thus, if a defendant faces immediate collateral consequences from a conviction of a drug crime in California, such as loss of a job or some disciplinary proceeding, Penal Code 1000 may be preferable to Proposition 36.

While the conviction under Proposition 36 can be expunged, the defendant remains with a conviction on his record during the period he is on probation and undergoing treatment.

Thus, a defendant might be spared of devastating collateral consequences by opting for Penal Code 1000 rather than Proposition 36.

For a free consultation to discuss your drug offense or eligibility for drug treatment please call us at (888) 280-6839. Our Los Angeles drug crime defense lawyers 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.

Which Prior Convictions Will Disqualify Me For Drug Diversion Under Proposition 36 or Penal Code 1000?

Prior convictions for California drug offenses, even drug sales, will not necessarily disqualify a defendant under Proposition 36. The only prior conviction that excludes a defendant under Prop 36 is one for a serious or violent felony listed in Penal Code 667.5(c) or Penal Code1192.7. However, even this exclusion can be avoided if the defendant has remained free of all drug possession offenses for 5 years or more.

Defendants who are charged with other non-drug offenses are not eligible for drug diversion under Penal Code 1000. Conversely, under Proposition 36, eligibility turns on the offenses of which the defendant is convicted, regardless of what the defendant is charged with.

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Why you need a criminal defense law firm to win your motion to suppress evidence

If you’re a defendant in a criminal case, you should ask your California criminal defense attorney about the possibility of filing a motion to suppress evidence under California Penal Code Section 1538.5. Under PC 1538.5 a defendant may to suppress evidence obtained by the government during a search or seizure on either of the following grounds:

1. The search or seizure without a warrant was unreasonable
2. The search or seizure WITH a warrant was unreasonable because any of the following apply:
   1. the warrant was insufficient on its face;
   2. the property obtained is not that described in the warrant
   3. there was no probable cause for the issuance of the warrant
   4. the method of execution of the warrant violated federal or state constitutional standards
   5. there was any other violation of federal or constitutional standards.

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Under New California Supreme Court Decision, Hundreds Of California State Prison Inmates Have A Shot At A Shorter Sentence.

The recent California Supreme Court’s decision in the matter of In re Gomez, opens the door for sentence modification in California for hundreds of Inmates incarcerated in the State Prison system. The court’s unanimous decision, deals with people convicted of crimes between two United States Supreme Court announcements on how to reconcile states sentencing rules with defendants’ Sixth Amendment right to jury trial.

Sentencing confusion in California courts arose over the way to apply the United States Supreme Court opinions in two cases, Blakely v. Washington decided in 2004, and Cunningham v. California in 2007. The court in Blakely held that judges cannot extend sentences based on facts not found by the jury to be true beyond a reasonable doubt. In Cunningham, the court held that California’s sentencing scheme- which allows judges to adjust sentencing upward if they find aggravating factors accompanying a crime- was unconstitutional because it did not follow Blakely.

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