Southern California Defense Blog

Van Nuys is in the center of the San Fernando Valley region of Los Angeles. The main thoroughfare, Van Nuys Boulevard, is known for its car dealerships. The TV show Beverly Hills 90210 was filmed on a set in Van Nuys. The city had an estimated population in 2000 of 136,443 people. Given the large amount of families within Van Nuys’ 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 Van Nuys 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 Van Nuys family law representation and counsel they need to assure a positive outcome in their case.

The Van Nuys, 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 Van Nuys domestic violence, child support, modification of custody, or paternity, the Van Nuys 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 Charges and Their Civil Consequences: Why you Need an Experienced Criminal Defense Attorney

Many people who face criminal charges are often deluded into thinking that a quick plea agreement will essentially bring their case to a close. Unfortunately, this is not always the case. Many criminal cases where victims are involved often are followed by lawsuits in civil court, and these almost always result in the defendant having to spend even more time and money to resolve and minimize the consequences of their actions.

However, this does not have to be the case. Prevailing in criminal court or having the charges significantly reduced can often free one from having to face a civil lawsuit, or at a minimum, can greatly weaken the civil case against them. Thus, hiring a competent and skilled criminal defense attorney in Los Angeles can not only protect one’s freedom, but also one’s personal wealth and financial security as well.

Any person then who is facing criminal charges needs to ask themselves: how would a guilty plea in my criminal case affect me in civil court? If I assaulted someone and sent them to the hospital, does my guilty plea then make it easier for them to turn around and sue me? If I took something from someone, or caused an accident because I was under the influence of alcohol or a controlled substance, would my guilty plea constitute an act of admission and make it easier for the people I hurt to come after me with a civil lawsuit? These are the sorts of things that defendants in criminal cases should discuss with a qualified and experienced California criminal defense attorney who understands the potential implications of simply “taking a deal.”

At Wallin & Klarich, we understand the criminal law and how the consequences of a guilty plea can play out down the road. If you or someone you know and love is facing criminal charges in California that could also involve a lawsuit in civil court, please do not hesitate to contact us at 1-888-280-6839 to discuss your case, or visit our website at www.wklaw.com for more information.

California must Reduce Prison Population by 57,000 People, Raising the Question of Whether There Will be an Increased Need for Criminal Defense Attorneys

Three federal judges have ruled that California must reduce its prison population by 57,000 people over the next two or three years, which could have quite an influence on the demand for skilled criminal defense attorneys in California. The judges indicated that California state prisons are severely overcrowded and that this move is necessary to address the problem. They indicated that the overcrowding has “deprived inmates of their legal right to adequate health care” amongst other conditions in question.

California currently has 33 state prisons in operation. These prisons currently hold 158,000 inmates, yet were originally made to hold just 84,000 (the rest of the 170,000 in the “correctional system” are out of state or in other facilities). In their ruling, the Judges indicated that they believe California state prisons can safely operate at 120% - 145% capacity.

California state officials have appealed the decision and thus the reduction has not taken place yet. However, if the order stands, the California state prison system will greatly be altered.

The Law Offices of Wallin and Klarich will be monitoring this issue very closely over the next few months. Call Wallin and Klarich today to see how this or any other criminal matter could potentially impact you, your loved ones, or your friends. The experienced California criminal defense attorneys at Wallin and Klarich have been in the business of helping people with their criminal matters in their time of need for over 30 years and we would like to help you with yours! You can reach us to set up an appointment at 1-888-280-6839, or visit our website, www.wklaw.com, for more information.

Valencia, California is a planned community that along with three other communities, merged to form Santa Clarita, California in 1987. The area is extensively used as filming locations for many TV series', past and present. Some of these shows include The Power Rangers, NCIS, Weeds and Melrose Place. Valencia is also known for its paseos, a network of walkways that connect the entire community without crossing streets at grade. The current population is estimated to be 32,642. Given the large amount of families within Valencia’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by California's experienced family law attorneys.

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

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

Eccentric music producer Phil Spector was convicted on Monday April 13, 2009 of second degree murder, for the 2003 death of actress of Lana Clarkson, and will likely spend the rest of his life in prison.

In his second trial, held after a jury deadlocked in 2007, Spector was found guilty of second degree murder in Los Angeles and will be facing 18 years to life in prison when he is sentenced on May 29th.

As the verdict was read, Spector remained stoic while his wife, Rachelle, wept. Spector’s criminal defense attorney requested that he remain free on bail pending the sentencing hearing. However, the judge denied this request stating, “Public safety and protection are paramount.” Spector was taken into custody immediately, and a no-bail hold was issued.

Prosecutors argued that the shooting was part of a pattern of gun play and violence that Spector displayed toward women. Spector’s criminal defense attorney, on the other hand, argued that Clarkson’s depression and her failing career led her to commit suicide. Spector’s criminal defense attorney also criticized the court’s decision to allow several female witnesses to testify about incidents dating back 20 years.

However, jurors stated that they based their decision on the totality of the evidence, and didn’t give one specific piece of evidence too much weight.

Choosing the correct attorney can make all the difference in your criminal case. If you, or a loved one, are facing a criminal charge, you need an aggressive and experienced California criminal defense attorney. Wallin & Klarich criminal defense attorneys know the current law, and what it takes to defend you in a criminal case. Such knowledge and experience could mean the difference between staying in jail and having your freedom. Call now to speak to a skilled criminal defense attorney at Wallin & Klarich. You can reach our office 24-hours a day, 7 days a week at 1-888-280-6839, or visit us online at www.wklaw.com.

PROSECUTORS FACE CRIMINAL INVESTIGATION OVER WITHHOLDING EVIDENCE IN PROSECUTION OF UNITED STATES SENATOR

A federal judge has ordered that several United States Attorneys be criminally investigated for their conduct in the recent prosecution of United States Senator Ted Stevens. The judge in the case stated “In nearly 25 years on the bench, I’ve never seen anything approaching the mishandling and misconduct that I’ve seen in this case”.

This is an amazing statement coming from a federal judge when talking about federal prosecutors who are sworn to uphold the law. What this means is that it is very likely that Senator Stevens was wrongfully convicted of the criminal charges that were brought against him by the government. This prosecutorial misconduct led to the criminal conviction of Senator Stevens being set aside. However, this possibly criminal conduct at the hands of the prosecutors likely led to Senator Stevens losing his very close re-election campaign. Nobody can change that. Senator Stevens was a highly popular senator for over 25 years and his career is likely over. The damage caused to Ted Stevens cannot be undone.

What does this mean to any person who is facing criminal charges? It means you need to retain the services of an experienced and highly qualified criminal defense law firm to defend you when you are facing charges filed by the government prosecutors. Unless you are a highly skilled California criminal defense attorney you will not know when and how your legal rights are being violated by law enforcement or prosecutors. You will not know if the district attorneys or prosecutors are violating the law or otherwise failing to provide you with all legal discovery that you will need to defend yourself. Our law firm knows what your legal rights are and knows how to protect you from the tactics of the prosecution.

Do not wait until you have been convicted of a crime before you seek out Wallin & Klarich to help you. If you wait until after conviction it may be too late to help you.

How much is your freedom and criminal record worth? Contact Wallin & Klarich at 888-280-6839 or you can visit our website at www.wklaw.com for legal help 24/7. We will be there when you call.

ARREST OF LA CLIPPER RANDOLPH FOR DUI HIGHLIGHTS THE NEED FOR A PERSON ACCUSED OF DUI TO RETAIN AN EXPERIENCED DUI ATTORNEY

It was reported that recently, Los Angeles Clipper forward Zach Randoph was arrested by the CHP for an alleged violation of driving under the influence in California. There was no report of whether he had submitted to a blood alcohol test.

Zach Randolph was quoted as saying that he hopes “people don’t rush to judgment”. Mr. Randolph is making a correct legal statement. The problem is most people will not wait until his case is litigated and will “presume” he is guilty because he was arrested.

Mr. Randolph is entitled to the same presumption of innocence as every person accused of a crime. We do not know if he had any alcohol to drive at all. We do not know the results of any field sobriety test. We do not know if a blood alcohol result was obtained. Yet, most people will assume because he was arrested he is “probably guilty”.

In our country the law makes clear that the burden is on the prosecution to prove that Mr. Randolph is guilty beyond a reasonable doubt. Until and unless the prosecution can do that then he is entitled to a verdict of not guilty.

Mr. Randolph would be wise to immediately retain an experienced DUI defense law firm to go to work for him. He needs to demand a DMV hearing within ten days of his arrest or he will forfeit his driving privilege. There are many serious consequences associated with a conviction for a DUI. When you or a loved one is facing a DUI or similar criminal charge seek out Wallin & Klarich to help you. You can learn more about how Wallin & Klarich can help you at www.wklawdui.com or by calling 888.280.6839.

Anthony Razo, a 49-year-old former police officer for the Los Angeles Police Department pled guilty on Tuesday April 7, 2009 to charges of California insurance fraud and filing a false police report; he was immediately sentenced to one year in jail and three years probation.

Razo admitted to making up a story about two Latino males with shaved heads attacking him and shooting him in the shoulder. He told Judge Norm Shapiro that he was alone when he got wounded and that the men in fact do not exist. Razo also admitted that he intentionally set his BMW on fire and falsely reported it stolen back in January. He also admitted that he filed fraudulent claims against his insurance policies as part of his plea agreement.

Razo’s attorney, explained, “Unfortunately, there are officers suffering from job stress, family issues, financial difficulties or mental problems who feel they have nowhere to turn."

It is crucial to know that when you or a loved one are facing serious criminal charges you should immediately contact an AV rated California criminal defense law firm to help you. With an experienced criminal defense law firm fighting for you your chances of a positive result will increase dramatically.

Wallin & Klarich has over 30 years of experience in criminal defense and will get you the help you need in your case today. Wallin & Klarich has experienced Los Angeles criminal defense attorneys that are available to take your call 24 hours a day 7 days a week so you always have somewhere to turn. Call Wallin & Klarich today at 888.280.6839 and visit our website at www.wklaw.com.

Recently a well known 18 year old actor decided to "get back" at his 16 year old girlfriend by sending naked photos via text message of the minor to several people, an act known as “Sexting”. The 16 year old became upset and told her parents. Her parents told local police.

The 18 year old will likely regret this decision for the remainder of his life. He was arrested by the police and prosecuted for sending child pornography through the internet. He later entered a guilty plea to this charge. The result is he will be required to register as a sex offender as well as face other serious consequences.

It is critical that before you use the internet to send any photographs you realize that if the photographs are of a minor and they are "lewd in nature" you can be facing serious criminal sanctions.

If you are facing the possibility of being arrested or prosecuted for an internet crime in California, you should contact Wallin and Klarich. We have been helping persons facing California internet sex offenses for many years. We will be there when you call. Contact us at wklaw.com or contact us at 888.280.6839.

Tustin, California is a small city located near the county seat of Orange County, Santa Ana. The city was founded late in the 19th century on what was formerly part of the great Rancho Santiago de Santa Ana. Since then it served a small role during World War II as a naval anti-submarine airship base. The wooden hangars used to house the blimps are actually among the largest wooden structures ever constructed. Tustin had a total population of 70,871 in 2006. Given the large amount of families within Tustin’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 Tustin 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 Tustin family law representation and counsel they need to assure a positive outcome in their case.

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

A 46-year-old Orange County woman was arrested and charged with mayhem and attempted murder in California on Tuesday April 7, 2009. It is alleged by the Orange County District Attorneys office that Mary Sharpski, a mother of two, and her lover Michael Shores II, conspired to have Sharpski’s husband murdered. The prosecution believes that he two devised a plan to have Sharpski’s husband killed by 23-year-old Anthony Cinco Ortega, a Santa Ana grocery store butcher. Shores was staying with Sharpski, her husband, and their two children in their two bedroom apartment after having been recently laid off.

The prosecution claims that Mary Sharpski’s Husband, Fred Sharpski, had left he and his wife’s apartment when he was attacked. Police found Fred Sharpski at 5:51 AM at the scene bleeding profusely with 3 fingers severed and a fractured skull among other injuries. Through physical evidence, police determined that Ortega was involved.

All three defendants, Sharpski, Shores, and Ortega are being charged with mayhem and attempted murder in Orange County and are being held on $1 Million bail each.

If you or a loved one is facing serious criminal charges you need to immediately contact an experienced California criminal defense law firm to assist you. The criminal justice system is complicated. A person facing serious felony charges, if convicted, may face many years in prison. It is imperative that you seek out an AV rated law firm, a law firm like Wallin and Klarich to help. Contact us at wklaw.com or call us at 888.280.6839. We will be there when you call us.

According to a report in the Los Angeles Times, a mistrial was declared in the California fraud trial of Matthias Vheru, 53, who was accused by prosecutors of conning the district into placing a $3.7 million order to buy math textbooks that he had written. The math teacher who was the interim director of mathematics in 2004, allegedly persuaded the district to purchase about 45,000 copies of an algebra book he wrote. As a result of the district’s purchase, Verhu received approximately $930,000.

Following more than a week of deliberations, the jury was unable to reach a unanimous verdict, which is required to find Mr. Vheru guilty of the fraud charges. The panel was reportedly hung at 11 to 1 in favor of acquitting Vheru. The U.S. Attorney’s office has until March 23rd to decide if they want to retry Vheru.

Vheru’s fraud defense attorneys argued that their client obtained the proper approval from both the mathematics department and the accounting office before placing the order, and that disclosing royalties on the sale of books was not part of L.A. Unified’s policy.

Results such as the one in this Los Angeles fraud case do not happen by accident. They are the result of the work of an experienced Los Angeles criminal defense attorney. While white-collar crimes like fraud and forgery do not carry the negative social stigma that many other crimes do, they are nonetheless extremely serious charges.

Continue reading "Experienced Criminal Defense Attorney Obtained a Mistrial for Teacher Accused of Defrauding LAUSD" »

Temecula, California is a primarily middle to upper-class community of 100,000 residents. It is considered, when combined with Murrieta, to be the southwestern anchor of California’s Inland Empire region. The city is adorned with nine golf courses and the Pechanga Resort and Casino. Pechanga is actually the number one employer in the Temecula Valley, with 7,500-plus employees. Given the large amount of residents and families within Temecula’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by California's top family law attorneys.

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

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

An article in the Los Angeles Times describes the arrest and charging of rapper and actor ‘Coolio’ with battery and possession of cocaine after a run-in at the Los Angeles International Airport. The well known entertainer allegedly grabbed a screener’s arm to prevent the search of his luggage, which allegedly uncovered rock cocaine.

Coolio’s real name, Artis Leon Ivey, 45, was charged with one felony count of possession of cocaine, one misdemeanor count of battery, and one misdemeanor count of possession of a smoking device. He was released on bail after being taken to the Los Angeles police Department’s jail in Van Nuys, and could face up to three years in state prison.

In California, possession of drugs (or drug paraphernalia) can be a felony or a misdemeanor, depending on the amount and type of drugs you may possess. In fact, possession of a small amount of marijuana may be handled differently in different cities and counties.

Continue reading "Rapper Coolio Charged With Cocaine Possession and Will Likely Seek Representation by an Experienced Criminal Defense Attorney" »

According to an article in the Los Angeles times, a Coast Mesa man, Jeffery David Kirby, 51, was charged with leaving the scene of an accident and vehicular manslaughter and DUI in California for his roll in the death of a well-known mixed-martial-arts figure who died after his Ferrari spun into a light pole in Newport Beach. Charles David Lewis Jr. – who is best known in mixed martial arts fighting circles as “Mask” was pronounced dead at the scene. Lewis was the owner of multimillion-dollar apparel company TapOuT.

Kirby was speeding in his 1977 Porsche in Newport Beach when he lost control and crashed into Lewis’ 2004 Ferrari. This caused Lewis’ car to veer into a light pole. The two were driving rapidly before the collision, but it was not immediately clear whether they were racing. Although Kirby initially left the scene of the Orange County hit and run accident, he was soon apprehended and arrested with a blood alcohol level of 0.13, well above the legal limit of 0.08.

According to the report, Kirby had prior convictions for driving under the influence in 1985 and 2002. If convicted, he could face up to 19 years and eight months in prison.

A vehicular manslaughter conviction with a drunk driving offense in California can result in the most serious of penalties, including significant jail time, fines, restitution to the deceased’s family, probation and suspension of your California driver’s license.

Continue reading "Newport Beach Manslaughter Charges against Man in Ferrari Crash " »

In a tragic story published in the Los Angeles Times, a 12 year old Beaumont boy had been accused of shooting and killing his friend, who was also 12. The boy was arrested and booked into Riverside Juvenile Hall on suspicion of murder in California. Police have also arrested the parents of the boy, Patricia and Christopher Willis, and charged them with negligent storage of firearms and child endangerment.

The boys were determined to be home on a school day, unsupervised, while the parents were at work. A search of the home by police produced several unsecured firearms, some of which were loaded. According to the story, the boy called 911 at about 10:40am and said that he had heard a gunshot and that his friend was injured. Police arrived shortly afterwards and found the 2nd boy dead, with an apparent gunshot wound.

“We’re still trying to figure out if this was accidental or on purpose,” said Beaumont police spokeswoman Darci Carranza.

Homicide in California is one of the most serious criminal offenses one can face. The legal stakes cannot be any higher. Having a juvenile being charged with this type of crime complicates matters greatly. Juvenile courts deal with two types of offenses. Minors charged with "status offenses" are accused of doing something that would have been legal but for the minors age when doing the act. This can include minor in possession of alcohol or driving a vehicle before the minor has been issued a license to drive a motor vehicle.

Continue reading "Beaumont Boy, 12, Accused Of Killing His Friend, Needs a Juvenile Criminal Defense Attorney" »

What Happens If My Criminal Defense Attorney Does Not Make the Right Objections During Trial?

In a criminal trial, the district attorney may introduce evidence against a defendant that the jury should not consider. If the defendant is not represented by a skilled criminal defense attorney in California, the prosecution may be successful in introducing this evidence. If this happens, there is not much the defendant can do about it, even on appeal.

In People v. Crabtree the prosecutor was successful in introducing several different types of evidence that should have been deemed inadmissible. This evidence included hearsay statements and documents which eventually led to the defendant being convicted. On appeal, the defendant attempted to argue that his conviction should be overturned as a result of these errors. The Appellate court was not receptive. The court found that because the defendant and the criminal appeals lawyer did not raise the appropriate objections at the time the district attorney introduced the evidence, he could not seek a reversal of the conviction on those grounds.

You do not want to hire an attorney who is going to fail to raise the appropriate objections at your trial which could result in your guilty conviction. This is why it is important to hire a competent and experienced California appeal attorney.

The attorneys at Wallin & Klarich have over 30 years experience trying criminal cases, 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 or hearing please call us at 1-888-280-6839. 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.

Can my Criminal Defense Attorney Help me Serve my Jail Time in Home Detention?

The answer to this will depend on whether you make the sound decision to retain the legal services of a knowledgeable, reputable and experienced criminal defense attorney in California at Wallin and Klarich.

Voluntary Home Detention Programs are generally available to low-risk defendants committed to jail, or defendants participating in a work furlough program. These defendants may participate in a home detention program during their sentence instead of confinement in county jail. (See Pen C §1203.016).

A defendant must be approved for the program by the correctional administrator in charge of the program. The court may restrict or deny a defendant’s participation in the program.

Involuntary Home Detention Programs exist where the correctional administrator determines that conditions in the jail facility warrant early release of misdemeanor defendants due to the lack of jail space. The county board of supervisors may authorize the correctional administrator to require defendants to participate in an involuntary home detention program during their sentence.

If you have any questions about home detention, house arrest, electric monitoring or any other alternative California sentence modification options, immediately call Wallin and Klarich at 1-888-280-6839, or visit our website at www.wklaw.com.

What Happens If I Plead Guilty To A Crime And I’m An Immigrant? Can My Status Be Revoked? Do I Need A Criminal Defense Attorney?

If you have been charged with a serious crime in San Bernardino, or in any other county in California, and are thinking of pleading guilty or no contest, there is some important information you should consider, especially if you’re an immigrant to this country.

For people who are not citizens, being convicted of DUI, domestic violence, sex crimes, or any other serious crime may lead to certain immigration consequences. It is essential that you consider these, as well as the criminal consequences, before entering a plea of guilty or no contest. Unfortunately, some people are not even aware of them. In People v. Chien, it was held that the courts are required to vacate a conviction where defendants are not advised by the court of the immigration consequences of a plea. However, the court will not overturn a conviction if the defendant's attorney did not advise his client of the immigration consequences of a plea.This is why it is essential that you hire a knowledgeable and top criminal defense attorney in California before entering a plea.

The attorneys at Wallin & Klarich have over 30 years experience in criminal defense matters, and have dealt with immigration issues on multiple accounts.

For a consultation to discuss your offense or hearing, please call us at 1-888-280-6839. 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.

San Bernardino is the county seat of San Bernardino County. Located in the southwestern area of the county, San Bernardino occupies most of the San Bernardino Valley and is a large part of California’s Inland Empire. San Bernardino’s population was estimated 205,010 in 2006 as the eighteenth largest city in California. With the population rising in the Verdemont area on the north side of the city, new homes continue to be built throughout the city. Given the large amount of residents and families within San Bernardino’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 San Bernardino 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 San Bernardino family law representation and counsel they need to assure a positive outcome in their case.

The San Bernardino, 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 San Bernardino division of property, domestic violence, child support debt or modification of custody, the San Bernardino 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 voters in California in November, 2008 approved a new “victims rights” initiative that stated that only in rare cases would a person facing a parole violation be entitled to a skilled criminal defense lawyer in Los Angeles or another city in California to defend him or her from the allegations. What this meant is that in the vast majority of cases, parolees were facing being returned to prison without the right to have a lawyer defend them.

However, federal Judge Lawrence K. Karlton has ruled that this provision of the new law is unconstitutional. He recently ruled that pursuant to an agreement entered into in 2004 by the State of California, all persons facing parole violations must be provided with a lawyer to defend them when they are facing a parole violation.

This decision is an extremely important one for persons who often find themselves facing parole violations brought by parole officers who do not like the parolee and often may act in unfair ways in attempt to return persons to prison unjustly. Now all persons facing parole violations once again have the right to fight their violation with a lawyer.

If you would like to discuss your parole violation matter with an experienced California criminal defense lawyer at Wallin and Klarich, feel free to call us at 888-280-6839 or go to wklaw.com to learn more about your legal rights. We will be there when you call.

Hundreds of Juvenile Court Criminal Convictions Reversed Due to Alleged Actions of Judge who Took Millions of Dollars in Kickbacks

It was reported in the Los Angeles Times on March 27, 2009 that a state Supreme Court has reversed convictions in hundreds of juvenile crime cases due to the corrupt actions of a former judge. It was reported that this judge was being prosecuted for allegedly taking over 2.6 million dollars in payoffs to put juvenile offenders in privately owned jail facilities.

The Supreme Court found that between 2003 and 2008, this judge violated the constitutional rights of youthful offenders who came before him without lawyers. This resulted in many of these youthful offenders serving time in custody unjustly.

This is yet another example of what can happen when juveniles facing criminal charges do not retain qualified criminal defense attorneys to assist them. The parents or guardians of juveniles facing criminal offenses need to realize that a tremendous amount is at stake for the minors who face criminal charges. To sit by and not seek out the legal counsel of highly experienced juvenile criminal defense attorneys in California is a very unwise decision. When you are advised that a minor has been accused of a crime, a phone call to a skilled juvenile criminal attorney should be your first step.

At Wallin and Klarich we have been helping people accused of juvenile crimes for 30 years. We can help you to understand the system and how the minor can be best legally protected. Call us at 888-228-6839 or visit our website at wklaw.com for immediate help. We will be there when you call.

Riverside is located near, and named for, the Santa Ana River. As home of most of the Joshua Tree National Park, Riverside County is primarily a desert. Riverside is the county seat of Riverside County and the birthplace of the citrus industry in California. With its burgeoning citrus industry, Riverside expanded rapidly and continues to grow today as the largest city in the Inland Empire with over 300,000 residents. Given the large amount of families within Riverside’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 Riverside 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 Riverside family law representation and counsel they need to assure a positive outcome in their case.

The Riverside, 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 Riverside child support, paternity, domestic violence, or child support debt, the Riverside 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 If The Police Used An Informant In My Case? What Can My Criminal Defense Attorney Do?

Before a police officer can stop a person, they must have reasonable suspicion that criminal activity is occurring. One way in which police can get reasonable suspicion is through informants’ tips.

Sometimes, people will inform the police about suspected criminal activity. These tips must be sufficiently reliable in order for the police to have reasonable suspicion based upon them. In Florida v. J.L., the United States Supreme Court held that an anonymous tip saying that the defendant was in possession of a firearm was not sufficiently reliable. The tip provided no predictive information and therefore left the police without means to test the informant's knowledge or credibility. Because the officer's suspicion was based on an unreliable tip, the court held he did not have reasonable suspicion to detain the defendant.

It's important to hire an attorney who can recognize these key legal issues. California’s experienced criminal defense attorneys at Wallin & Klarich have over 30 years experience trying criminal cases. 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 1-888-280-6839. 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.

Often a defendant is accused in one criminal complaint of many different crimes. A very powerful weapon in many cases is for your experienced California criminal defense attorney to bring a motion to sever the cases so you can receive separate trials. Jurors often will tend to want to convict a defendant just because of the number of criminal charges. Also in many cases, the prosecutor will attempt to have a jury find a defendant guilty of one crime (with weak evidence) due to the jury hearing about another alleged crime where the evidence against the defendant is stronger.

In a recent case, an accused was charged with indecent exposure in one count, and in a totally separate incident was charged with sexual assault as a felony. The defense lawyer filed a motion to sever the trials to prevent the same jury from hearing both cases. The trial court denied the motion and the defendant was convicted of all charges. On appeal, the experienced criminal appeals attorney in California argued that the defendant’s motion to sever should have been granted.

The California Court of Appeals agreed and reversed all convictions in the case and granted the defendant a new trial. In People vs. Earle, 2009 DJDAR 4233 the court held that the trial judge had “abused his discretion” in denying the motion for separate trials, and that while a trial courts has broad discretion in this case, the decision was so “grossly unfair” as to deny defendants right to due process of law.

Continue reading "California Appeal Reverses Sex Offense Conviction" »

Judge Reverses 19-Year Sentence and Gives Criminal Defendant Drug Diversion Program On Appeal by Criminal Defense Attorney

Chauncey Lee Harris was convicted in San Diego Superior Court of transportation of a controlled substance and possession of narcotics paraphernalia in San Diego. The jury in the case specifically made a finding that the transportation of the controlled substance was for personal use. The court also made a finding that Harris had suffered 7 prior prison terms. The judge sentenced Harris to 19 years in State Prison.

In court to appeal the convictions in California against him, Harris argued that the Judge imposed an unauthorized sentence by sending him to prison instead of granting him probation under proposition 36. This is due to the fact that the jury found that the transportation of the controlled substance was for his personal use, rather than for purposes of sale. If the Jury had found that he transported the drugs for sale, Harris would have been ineligible for proposition 36. Proposition 36, also known as the ‘Substance Abuse and Crime Prevention Act of 2000,” took effect in July of 2001.

It basically amended state law to create an alternative sentencing scheme for persons convicted of nonviolent drug offenses in California and REQUIRES that qualifying offenders receive probation, which is conditioned upon participation in, and successful completion of, a suitable drug treatment program. Harris’ basic argument to the Appeals court was that he was eligible for proposition 36 and the judge’s decision to sentence him to 19 years in prison was unlawful.

In the Appeals Court the district attorney argued that the judge was not bound by the jury’s finding that the transportation was for personal use rather than sale because different standards of proof apply to the jury at trial and the judge at sentencing. It was argued that although the jury wasn’t convinced beyond a reasonable doubt that Harris transported the drugs for sale, the judge only had to find that he possessed them for sale by a preponderance of the evidence, which is a lower standard.

Continue reading "San Diego Drug Diversion Program Granted By Judge" »

Drunk Driving On A Suspended License Is a Deportable Crime Requiring the Assistance of a Criminal Defense Attorney

A recent ruling by the United States Appeals Court for the 9th District underscores the necessity of hiring an aggressive and skilled California criminal defense attorney. Circuit Judge O’Scannlain, writing the opinion for the six member majority, found drunk driving “offenses committed with the knowledge that one’s driver’s license has been suspended or otherwise restricted are crimes of moral turpitude.” The United States Appeals Court for the 9th District ruled that drunken driving on a suspended license in California is a deportable offense. A conviction of a crime of moral turpitude may be grounds for deportation.

In that case, the Defendant was convicted of driving under the influence in 1997. At that time immigration officials sought to deport him but he was successful in avoiding deportation. Defendant again was arrested in 2002 for driving under the influence after he ran a red light and was found to be intoxicated. Immigration officials again sought to deport him. An immigration judge ruled that Defendant was in fact deportable. After spending three years in a federal detention facility, the Defendant returned to Mexico.

If you or a loved one have been charged with driving under the influence, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced DUI defense law firm in California 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 Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 1-888-280-6839, or go to our website at wklaw.com for more information.

Redondo Beach is a city located in the South Bay region of the greater Los Angeles area. Redondo Beach is one of the three major beach cities in Los Angeles County. The city was initially part of the 1784 Rancho San Pedro Spanish land grant. In 2007, Redondo Beach had an estimated population of 67,019 people. Out of about 28,566 households, twenty three percent had children under the age of 18 living with them and forty percent were married couples living together. Given the large amount of families within Redondo 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 Redondo 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 Redondo Beach family law representation and counsel they need to assure a positive outcome in their case.

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

Defense Hands are Further Tied By New Court Holding, Requiring More Experienced Criminal Defense Attorneys to Handle Cases Properly

The court has found more ways to limit a defendant’s ability to fight his or her California felony case at the Preliminary Hearing. A Preliminary Hearing is a hearing where the prosecutor needs to show the court that there is probable cause to hold the defendant to answer for the crimes he or she is being accused of. Known as Pitchess discovery, the Defense may be entitled to personnel records of officers for use at trial, mainly for impeachment purposes.

Wouldn’t you want to know if the officer who is accusing you of a crime had in fact been accused of wrongdoing himself? Seems pretty relevant, correct? Well, earlier this year a California Appellate Court deemed that the Defense may not seek such discovery for use in a preliminary hearing. It appears that every day, the court and legislature are making it harder for a Defendant to get a fair trial in the criminal justice system.

This is why if you or a loved one is being accused of a crime it is incredibly important to choose the right attorney and the best law firm to represent you. Wallin & Klarich criminal defense attorneys in California know what it takes to defend their clients in felony cases. You can speak to one of our attorneys by calling now at 877-466-5245, or you may go to our website at www.wklaw.com for more information about setting up an appointment.

According to a Los Angeles Daily Journal report, “Riverside County courts dismiss more criminal cases than any other in the state for missing trial deadlines.” Since Riverside County District Attorney Rod Pacheco was voted into office in January 2007, Riverside County criminal crimes in court have dismissed more felony and misdemeanor trials than any other county in the State. In the 2006-2007 fiscal year, Riverside County had 583 felony jury trials. San Bernardino County on the other hand, having nearly the same population as Riverside County, only had 151 felony jury trials along with San Diego County’s 380.

By law, felony crimes in California must be taken to trial within 60 days of arraignment unless a time waiver is requested. This has been putting tremendous pressure on Riverside County judges and courts. It is estimated that Riverside County needs at least 66 more judges in addition to the current 76.

In these types of situations where the court system is in disarray it is essential to have effective legal representation at your side. When criminal cases do not make it to trial, legal representation is even more paramount because a high degree of sophistication and experience is required in dealing with an aggressive district attorney.

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 a skilled California criminal defense attorney and find out how Wallin & Klarich can help you. Also visit us online at www.wklaw.com.

Rancho Bernardo, California is a community situated among the hills and canyons north of San Diego. Rancho Bernardo is a planned community of primarily wealthy residents and boasts in a sprawling community of largely affluent tract homes, golf courses, office parks, and shopping malls. For the many families and children who inhabit Rancho Bernardo, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled California family law attorneys.

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

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

Sex Offender Laws are Based on Emotion Rather Than Facts, And That Is Why You Need A Criminal Defense Attorney

In 2008, the State of California spent $22 million to house sex offenders on parole who must abide by Jessica’s Law or Proposition 83. The proposition, which passed a little over two years ago, requires those convicted of sex crimes in California from living within 2,000 feet of schools, parks, and other places where children often are present.

The enforcement of this law has “driven many parolees into homelessness,” which has increased dramatically since the passing of Prop 83. Since Proposition 83 was passed in 2006, according to state correction officials, the number of homeless sex offenders on parole has been multiplied by 12 , which has only exasperated the parolees’ “isolation from society, and thus causes many parolees to re-offend.”

Moreover, the passing of this law has shown to be completely ineffective, and according to the Los Angeles Daily Journal they have never shown to have any sort of effect on reducing the risk of sex offenders re-offending while or after on parole. In regards to this law and California sex offender registration, Jeanne Woodward, a former state corrections secretary under Governor Schwarzenegger criticized the law said, “There is little utility in registration requirements and other laws the public has supported to keep track of them. The bottom line is that this is really what happens when we allow our emotions to get the best of us, as opposed to dealing with facts.”

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.

The California Supreme Court ruled this month that immigrants who are facing deportation may no longer rely on two common post-conviction challenges. The court ruled in two separate cases that a writ of habeas corpus, or writ of error coram nobis, would no longer be available to a defendant once they had served a sentence and were no longer on parole or probation. The court’s ruling means that once the defendant is no longer “in custody,” it is too late for the state courts to entertain either writ.

In most states, immigrants have available to them procedures to clean their criminal record of deportable offenses. California however has no such procedure. The court ruled in a unanimous decision that only defendants who are still in state custody may use writs of habeas corpus.

In a second case, the court rejected the use of a writ of error coram nobis as a procedural challenge to deportation. The court acknowledged that other jurisdictions have broadened the scope for coram nobis so that it resembles a post-conviction remedy available to persons no longer in custody. However the California Supreme Court felt that any change needs to come from the legislature.

If you or a loved one is facing deportation as a result of a criminal conviction, you must contact California’s top criminal defense attorney immediately. Wallin & Klarich have been helping people with criminal cases for over 30 years. If you have any questions about deportation consequences, call Wallin and Klarich at 1-888-280-6839, or visit our website at www.wklaw.com.

Juvenile crimes in California do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing. Juvenile records are not automatically sealed upon your 18th birthday.

California Welfare and Institutions Code § 781 is the statute that gives you the legal right to have your juvenile record sealed. You can seal all court, probation and police records created in relation to each case. Sealing the record does not happen automatically. You must affirmatively petition the juvenile court to have them sealed.

When Can You Ask to Have Your Juvenile Record Sealed?
You can ask to have your juvenile record sealed five years or more after juvenile court jurisdiction has ended or after you have reached the age of 18, whichever comes first.
(T.N.G. v. Superior Court (1971) 4 Cal.3d 767)

Who Can Have a Juvenile Record Sealed?
You must not have been convicted, as an adult, of any felony or any misdemeanor involving “moral turpitude”. (“Moral Turpitude” is defined as crimes that show baseness, vileness, depravity, or which violate moral sentiment or accepted moral standards of the community, such as crimes involving theft, fraud, sex, or drugs.)

You must be able to show the court: 1) that you have been “rehabilitated”; 2) that your case started and ended in juvenile court; and 3) that you do not have an open civil suit regarding the actions that caused your juvenile record. (But once the civil suit has ended, your record can be sealed.). You must pay in full all previous fines or restitution owed to the court as an adult or juvenile, including any traffic fines.

For a free consultation to discuss your case, please contact the top California criminal defense attorneys at Wallin & Klarich by calling 888.280.6839. Our staff of 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.

Department Of Motor Vehicles Officials Say California Drivers Cannot Lose Their License Just Because They Have A Medical Marijuana Prescription

Medical marijuana prescription holders are breathing a little easier after the Department of Motor Vehicles issues a training memo which states California drivers cannot lose their license just because they have a medical marijuana prescription. A revised Department of Motor Vehicles training memo instructs agency staff to treat medical marijuana like any other prescription drug when considering whether to renew a driver’s license. The DMV claims that the revisions do not represent a new policy but merely put into writing practices already in place. California DMV license matters regarding medical conditions can be complicated, especially when your driving privileges are being compromised.

However medical marijuana advocates claim that drivers were being denied renewal of their license solely on the basis of holding a medical marijuana prescription. Americans for Safe Access, a medical marijuana advocacy group, sued the DMV in November on behalf of 53-year-old women who said the DMV refused to renew her license because she was a medical marijuana patient. Her attorney said DMV documents cited his client’s marijuana use as the reason for denying her license, even though she has had a clean driving record for 37 years and was not accused or convicted of any drug crime in California whatsoever.

The DMV memo however still gives the agency leeway to deny licenses to drivers addicted to drugs or alcohol.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced California 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 Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 1-888-280-6839, or go to our website at www.wklaw.com for more information.

Criminal Defense Attorney Proves the Sex Offender Registration Imposed 20 Years Ago Violated Equal Protection Rights of Criminal Defendants

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 the circumstances surrounding offender's conviction for oral copulation with a minor under the age of 18, nor the offender's subsequent criminal history demonstrated that the offender was likely to commit similar offenses in the future so as to justify sustaining the discretionary imposition of the lifetime sex registration requirement.

At the time of the original offense the victim was 17 years old and the offender was 22, suggesting that the offender was not compelled to act on account of the victim's youth. There was not substantial evidence that the offender used force on the victim or coerced her into acting against her will, and in 20 years since the conviction the offender committed no offenses, or similar offenses that would have required him to register as a sex offender.

If you or a loved one has been registered as a sex offender it is incredibly important to choose the right attorney and the right law firm to represent you. The Wallin & Klarich top criminal defense attorneys in California know what it takes to defend their clients in sex offender cases, 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.

Pasadena is a city in Los Angeles County most famous for hosing the annual Rose Bowl Football game and the Tournament of Roses parade. Pasadena is the sixth largest city in LA County and is the main cultural center of the San Gabriel Valley. The estimated population of Pasadena in 2007 was reported to be 146,518. Out of about 51,844 households, twenty seven percent have children under the age of 18 living with them and forty one percent were married couples living together. Given the large amount of families within Pasadena’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 Pasadena 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 Pasadena family law representation and counsel they need to assure a positive outcome in their case.

The Pasadena, 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 Pasadena child custody, domestic violence, child support debt, or modification of custody, the Pasadena 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 Convicted of a Misdemeanor After a Trial, You Have the Legal Right to Bail as a Matter of Right

Recently a person called our office after he had been found guilty by a jury of a misdemeanor offense. The judge sentenced him to six months in county jail. His trial lawyer failed to inform the accused that he had absolute right to “reasonable bail” pending appeal. The judge ordered the accused to begin his jail sentence within 72 hours of when he was sentenced. The accused was wise enough to contact our law firm to ask if there was anything he could do to avoid going to jail. We told him that YES, we could help him remain out of jail on bail pending the criminal appeal of his conviction.

In every case where a defendant is found guilty of a misdemeanor offense by a jury or a judge he/she has the absolute right to bail on appeal. The court often times will allow the defendant to remain on the same bail status as was in effect while the case was proceeding. This means if the defendant was released on his own recognizance when first arrested the judge often will allow the defendant to remain free without bail while the appeal is pending.

Continue reading "California Legal Right to Bail" »

There is Good News for Criminal Defendants Who Lose an Appeal Because Their Attorney Negligently Handled the Matter

A recent ruling by the California Court of Appeals gives defendants the opportunity to have their appeal heard by the court if the dismissal of the appeal must result due to the neglect or misconduct of the appellate attorney.

This is true even if the appeal was dismissed years ago, but the defendant relied on the misrepresentations of the attorney and suffered prejudice.

The court ruled in In re: Grunau that a defendant is entitled to a recall of the remittitur so an appeal could be determined on the merits of the appeal.

If your appeal was denied and you think it was the appeal attorney’s fault because he failed to act quickly on your case, your case might give you a chance to have your appeal heard.

This is why if you or a loved one has lost a criminal appeal it is incredibly important to choose the right attorney and the right law firm to represent you. Wallin & Klarich criminal defense attorneys in California know what it takes to defend their clients in criminal appeals, and you can speak to one of our attorneys by calling now at 877-466-5245, or you may go to our website at www.wklaw.com for more information about setting up an appointment.