Southern California Defense Blog

According to an latimes.com report, Andrew Thomas Gallo, 22, of San Gabriel was charged with three counts of murder, hit and run, and drunk driving in Orange County for his alleged role in the death of 3 individuals: a promising Angel’s pitcher, a Cal State Fullerton communications student and an aspiring sports agent.

The charges came after the baseball world was rocked by the news that young Angel’s pitcher, Nick Adenhart, 22 had died in an early morning car accident in Fullerton, along with driver Courtney Frances Stewart, 20, and Henry Pearson, a 25-year-old law student from Manhattan Beach.

Authorities said Gallo had a blood-alcohol content three times the legal limit of .08 when he ran a red light. The Toyota Sienna minivan he was driving, broadsided the Mitsubishi Eclipse driven by Stewart in the intersection of Orangethorpe Avenue and Lemon Street. Police claim that Gallo was driving between 50 to 65 mph at the time of the crash, the posted speed limit for that area is 35 mph.

This is clearly a very tragic situation where a very high profile athlete has lost his life. The age of the victims also contributes to the outrage that the community has expressed and may have also had an impact on the types of charges that were filed in the case. While the alleged details of the case paint a grim picture, it is of the utmost importance to remember that in this country, everyone is innocent until proven guilty in a court of law. Gallo, like all citizens who face criminal charges has the right to a competent, experienced Orange County criminal defense attorney to present his side of the case.

The right DUI attorney is not intimidated by a vehicular manslaughter and DUI case. Instead, he or she confidently relies on a long-standing track record and deep knowledge of the DUI field to aggressively defend the client. At Wallin & Klarich, our track record speaks for itself – and we speak on behalf of each and every one of our clients, no matter how dire the charge. Our legal resources can help preserve your license and freedom, keeping you out of jail and employed as a productive member of society. If you have been charged with vehicular manslaughter or DUI, call a California vehicular manslaughter attorney at Wallin & Klarich at 1-888-280-6839 to find out more about your case, or visit us online at www.wklaw.com to learn more about what can be done for you.

The office of the attorney general has published a page on its website dedicated to those who are victims, or suspect they may be victims, of identity theft. Identity theft is currently among the fastest growing crimes in America. It affected approximately 10 million victims in 2008 (a 22% increase from 2007). During these hard economic times, it is vital that each individual protect their financial resources. A large part of doing so is protecting their identity from being duplicated by unscrupulous individuals who might venture to defraud banks and financial institutions in their name.

The attorney general suggests that one of the first things you do if you are a victim of identity theft is to contact the fraud departments of each of the three major credit bureaus and report that your identity has been stolen. Ask that a "fraud alert" be placed in your file. Police reports should also be filed with local police or with the police where the theft occurred. Getting a copy of the police report and retaining it for your records is also very important.

Once the proper authorities have been identified, it is time to begin the process of contacting all of your creditors. Accounts that have been compromised and have fraudulent charges should be closed. Most creditors now have fraud and identity theft departments. Informing these departments of your situation and providing them with copies of your police reports is very important. Carefully monitor your mail and credit card bills and report immediately any new fraudulent activity to credit grantors.

Finally, it is of the utmost importance that anyone who has been a victim or suspects that they may be a victim of identity theft, obtain copies of their credit reports and monitor them frequently. There are many new services on the market that offer to do just that; alerting you if somebody tries to open an account in your name.

This article is provided as a free service by Wallin & Klarich for their blog readers. For more information, please see the full article on the Attorney General’s website: http://www.ag.ca.gov/idtheft/tips.htm. You can also contact us today at 1-888-280-6839 to find out more about your case, or visit us online at www.wklaw.com to learn more about what can be done.

Drunken Drivers Generate No Shortage Of Grim Statistics: This Is Why You Need a Criminal Defense DUI Attorney

According to the National Highway Traffic Safety Administration, in 2007 drunken drivers caused nearly 13,000 deaths in the United States, including 1,555 in California. In 2007 alone, police made more than 1.4 million DUI arrests. Some would argue that such numbers call for stricter laws. However, an argument can be made that stricter DUI laws with generate more legal work and severe clogging up of the courts.

California has begun toughening up DUI laws to obtain more convictions. There are many serious consequences associated with a DUI conviction for a DUI. When you or a loved one is facing a DUI or similar criminal charge please contact the California DUI attorneys at Wallin & Klarich.

Wallin & Klarich has over 30 years of experience handling DUI defense. Let Wallin & Klarich advise you and ensure your rights and freedom are protected under the law. Contact Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

A United States District Court sentenced former Orange County Sheriff Michael Carona to five and half years behind bars on charges of federal witness tampering. United States District Court Judge Andrew J. Guilford made it clear on Monday that he considered Carona’s conviction on a single charge very serious. Saying in court records “lying will not be tolerated in this courtroom…especially by this county’s leading law enforcement officer.” Judge Guilford ordered Carona to report to custody on July 24.

Carona is not without options however. His criminal defense team plans to appeal the conviction citing alleged violations of ethical rules on the part of the prosecution. Carona’s attorneys filed pleadings with the court alleging ethical violations on the part of the prosecution when they secretly recorded a conversation between Carona and Assistant Sheriff Don Haidl. This recorded conversation was a key piece of evidence in the case against Carona. Carona’s attorneys argue that ethical rules prohibit contacting an opposing litigant who has an attorney. At the time the recording took place, Carona was represented by an attorney.

The court has yet to rule on whether or not Carona may remain out of custody pending his appeal.

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

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

Ventura County, California is located in Southern California and, like Orange County, is widely considered as one of the safest and most affluent counties in the country. One contributing factor to Ventura’s wealth is the presence of the “Tech Coast” area, which houses many biotech, healthcare and telecommunications corporations. As a result, Ventura County is often referred to as the “Gold Coast.” As a growing part of Southern California drawing many families, there is a considerable need for experienced family law attorneys in Ventura County to help with matters involving divorce, child custody and support.

The Ventura County child custody attorneys and child support lawyers at Wallin & Klarich have many years of experience handling cases for clients facing the difficulties of divorce, child support enforcement, child custody, child support, visitation rights, domestic violence, and restraining orders. Given our long history of operating in the area, we have a long-standing acquaintance with local courts, judges and district attorneys that afford our clients the Ventura County family law counsel and representation they need to assure a positive outcome in their case.

The Ventura County, California child custody and support attorneys from Wallin & Klarich have the knowledge and resources to make sure that high and low profile cases are resolved promptly and professionally. Whether you are facing Ventura County child support, modification of custody, paternity or child custody, the Ventura County child custody and support 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 child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

There are literally hundreds of California Vehicle code sections that you can violate every single time you get into your car. This includes some laws that don’t even require you to be driving. A non-DUI alcohol-related offense can increase your car insurance premiums, cost you hundreds of dollars in fines, and even result in suspension of your license. What can you do? A good place to start is to seek the help of an experienced California criminal defense attorney skilled in defending traffic tickets.

In addition to a few violations mentioned in “California Non-DUI Alcohol-Related Offenses Part I,” other alcohol-related traffic violations are:

Driver drinking in vehicle (VC 23220) – The elements to violate this section require a person driving a vehicle to be drinking an alcoholic beverage. However, to be found guilty on this defense, an officer must actually see you drinking from a can or bottle; an officer merely observing a driver with an alcoholic beverage and smelling alcohol on the driver’s breath is not sufficient to prove a violation of this section. It is common for a citing officer to make this improper conclusion, in which a skilled attorney can get inaccurate charges dismissed.

Alcohol violations involving a passenger (VC 23221(b), 23223(b), & 23226(b)) -Unlike the violations discussed above, these vehicle code infractions involve passengers. For these sorts of violations, it is not necessary to be the driver or owner of the vehicle, and in fact it is often not even necessary to be in a moving vehicle; a person can be cited while a vehicle is parked on a public street. However, these violations are open to the same sort of challenges as discussed above.

If you have been cited for any of these common alcohol-related traffic violations, it would be wise of you to contact a skilled Orange County criminal defense attorney from Wallin & Klarich today. With over 30 years of experience, Wallin & Klarich attorneys have dealt with all of these infractions before, and will be able to give you the best possible chance to win in court. Often, these sorts of tickets can be reduced to non-moving infractions, which do not result in a point on your record (or an increase in your car insurance), or even get your case completely dismissed. Our aggressive attorneys are available 24 hours a day 7 days a week to advise you on your case. Call us today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

Riverside County, California is part of southern California’s Inland Empire. Its borders stretch from Orange County to the Colorado River on the California-Arizona border. Home to most of the Joshua Tree National Park, Riverside County is primarily a desert. Its popularity has increased in recent years as affordable housing is readily available in the area while the cost of living continues to climb in neighboring counties. As one of the fastest growing parts of Southern California, there is a considerable need for experienced family law attorneys in Riverside County to help with matters involving divorce, child custody and support.

The Riverside County child custody attorneys and child support lawyers at Wallin & Klarich have many years of experience handling cases for clients facing the difficulties of divorce, child support enforcement, child custody, child support, visitation rights, domestic violence, and restraining orders. Given our long history of operating in the area, we have a long-standing acquaintance with local courts, judges and district attorneys that afford our clients the Riverside County family law counsel and representation they need to assure a positive outcome in their case.

The Riverside County, California child custody and support attorneys from Wallin & Klarich have the knowledge and resources to make sure that high and low profile cases are resolved promptly and professionally. Whether you are facing Riverside County child support, modification of custody, paternity or child custody, the Riverside County child custody and support 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 child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

If you’ve been cited for one of the many violations dealing with non-DUI alcohol-related offenses, it could end up costing you hundreds of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. However, with a skilled attorney experienced in defending traffic tickets, you can fight your traffic ticket and win.

Two of the most common alcohol-related traffic violations include:

Open container on person of driver (VC 23222(a)) - This is the most common of the “minor” alcohol offenses. A violation of this section requires that the driver of a vehicle hold an open container which contains any amount of alcohol. While the law states that the driver must have alcohol on “his or her person,” this section is often cited if an officer wishes to ticket a driver when a passenger possesses an alcoholic beverage. If this is the circumstances of your situation, you have a very winnable case. If the officer wished to cite someone for having an open alcoholic container, he should have cited the passenger under VC 23226, as discussed below.

Open container kept in vehicle by driver or owner (VC 23225(a)) – This section varies from the violation immediately above because it does not require an open container be on the “person” of the driver. You may be cited for this offense if there is an open alcohol container located almost anywhere in your vehicle besides the trunk. However, it is not necessary to even be driving – you may be cited for this offense if you are the owner of the vehicle and someone else is driving, or if you are parked on the side of the road.

If you have been cited for any of these common alcohol-related traffic violations, it may be in your best interest to contact an experienced California criminal defense attorney from Wallin & Klarich today to discuss your case and how you can have your ticket dismissed. Often times, these sorts of tickets can be reduced to non-moving infractions or even get completely dismissed so that you don’t get a point on your record or an increase in your car insurance.

With over 30 years of experience, Wallin & Klarich San Diego criminal defense attorneys have dealt with all of these infractions before, and will be able to give you the best possible chance to win in court. Our aggressive attorneys are available 24 hours a day 7 days a week to advise you on your case. Call us today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

To obtain a conviction under California Vehicle Code 23152(a), the prosecution must prove that: (1) defendant drove a vehicle; (2) while under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage and drug.

First of all, "driving" under California DUI law is not as straightforward as it may appear. "Driving" requires only “volitional movement of a vehicle," no matter how slight. Where there is no direct eyewitness evidence to driving, driving may be established by circumstantial evidence (Mercer v. DMV 1991 53 C3d at 769). Meaning, even if the officer initiating police contact did not see defendant drive a vehicle, the prosecution can meets its burden by presenting a collection of facts that, when considered together, can be used to infer a conclusion about whether defendant drove a vehicle.

Secondly, under California Vehicle Code 23152(a), proving defendant was "driving while under the influence of alcohol and/or drugs" does not require prosecution to prove defendant’s blood alcohol level was .08 or above. Why? Under 23152(a), the prosecution’s burden is merely to prove that because of any combination of alcohol and drugs, defendant’s physical or mental abilities “are so impaired that he or she no longer has the ability to drive a vehicle with the caution characteristics of a sober person of ordinary prudence under the same or similar circumstances.” (CAL CRIM 2110 DUI Jury Instructions).

Unfortunately, in their desire to validate drunk driving convictions, the courts have structured DUI laws as to allow the prosecution to seek a CA DUI offense conviction, even where defendant's blood alcohol content is below .08 percent.

If you or a loved one is facing allegations of driving under the influence, please contact the California DUI specialists at Wallin & Klarich. Wallin & Klarich has over 30 years of experience handling DUI defense. Let the skilled California DUI lawyers at Wallin & Klarich advise you and ensure your rights and freedom are protected under the law. Contact Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

The most important thing to keep in mind when dealing with a charge involving drug possession in California is an understanding that "ownership" of the substance has little bearing on the question of possession.

California criminal drug crimes are based on violations of laws that do not take into account whether the substance found actually belonged to you or another person. All the law concerns itself with is whether you were in possession of the item. For purposes of California law, possession can be one of two types: (1) actual or (2) constructive.

Actual Possession refers to a situation where an individual has an illegal drug on their person. For example, someone who has a baggie containing cocaine in their pocket would be in "actual possession" of the cocaine. On the other hand, a person can also be in constructive possession of a drug.

Constructive Possession refers to a situation where a person has knowledge of the illegal drug and the ability to access this contraband. Issues regarding constructive possession often arise in the context of a vehicle search. Where an individual is stopped while riding as a passenger in a friend's car, a search of the vehicle by a police officer reveals cocaine in the glove box. Despite the fact that the passenger was not holding the cocaine, California law still permits the prosecutor to pursue a conviction of the passenger for possession of the cocaine. This legal concept is commonly referred to as "having the ability to exercise dominion and control over the contraband."

Because of the complexities in California Drug Law, it is absolutely essential to have an experienced attorney by your side. If you or someone you know is facing any drug crime allegations, call the skilled California criminal defense lawyers at Wallin & Klarich. Wallin & Klarich has over 30 years of experience in drug cases. We are here to help you and protect your freedom. Contact Wallin & Klarich for a free consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

It was announced on May 19, 2009 by Los Angeles Superior Court officials that all Los Angeles County Trial Courts will be closed the third Wednesday of every month commencing July 15, 2009. This order is in effect until further notice.

This decision was in response to an estimated 90 million dollar shortfall to keep the courts running. All employees will be "furloughed" one day a month and that will save taxpayers approximately 18 million dollars a year.

Many people who operate in the court system see this as a dangerous decision to the rights of those accused. When a person is arrested for a crime in Los Angeles, he must by law be brought to court within set periods of time to be permitted to ask for a bail reduction and to plead to the charges. This will mean that many people accused of crimes will have to sit in jail an additional day to wait to come to court. This will cost the county jail system financially in that they will have to house inmates for an extra day each month.

There is no word yet as to whether courts in other counties will follow the lead of Los Angeles County.

If you are facing criminal charges of any nature and want the help of an experienced Los Angeles criminal defense attorney, please call Wallin and Klarich at 888-749-0034. We will be there when you call.

In the case of People v. Waldie, harmless error was established where the prosecutor was allowed to comment on the defendant’s failure to return numerous calls by police prior to arrest. A jury had convicted defendant Waldie of sex crimes that amounted to two counts of lewd and lascivious conduct against a child under the age of 14 years. On appeal, defendant claimed the court erred by permitting comment on defendant’s pre-arrest silence and his lack of cooperation with the investigation.

In Waldie, the lead detective testified that defendant never participated in a police interview, even after repeated phone calls, before he was arrested. The court overruled the defense counsel’s objection to the detective’s testimony on the grounds of hearsay. The court instructed the jury that defendant’s statement promising he would call back tended to show consciousness of guilt. (CALJIC No. 2.03.)

In closing argument, the prosecutor commented that defendant did not cooperate with the police investigation. On criminal appeal, defendant argued that his rights of due process and protection against self-incrimination were violated by the foregoing. Defendant urged this court to follow the majority view that the prosecution may not use evidence of defendant’s pre-arrest silence as evidence of guilt in the case in chief.

Court concluded it was error under the Fifth Amendment to allow evidence and argument about defendant’s pre-arrest silence, but the error was deemed harmless.

Knowing your rights is tantamount to protecting your freedom. The Fifth Amendment right against self-incrimination often arises in the context of pre-arrest silence or statements. Wallin & Klarich has over 30 years of experience protecting individuals’ constitutional rights. Wallin & Klarich is centrally located in Orange County, California, with offices throughout Southern California. The firm boasts an AV rating from Martin Dale Hubble, the highest rating any law practice can obtain. Contact a skilled California criminal defense attorney at Wallin & Klarich for a free consultation by calling 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

Budget Cuts to Lower Prosecution Rates across California: What an Experienced Criminal Defense Attorney Can Tell You

It the midst of America’s economic downturn, even state departments and government funded agencies are feeling the heat. District attorneys all over California have been buzzing about the upcoming budget cuts in their departments explaining that basically, less money means fewer prosecutions.

Contra Costa District Attorney Robert Kochly has already begun acting on the $1.9 million budget cut to his department. Kochly recently wrote a letter to local police agencies asking them not to waste their time with “quality-of-life crimes and some drug felonies” because due to the budget cuts he simply can’t afford to prosecute them. Even the prosecutors in Kochly’s departments have said that this cut in prosecutions may bring an increase in vandalism, petty theft and other crimes but it seems that the hands of district attorneys all over California are tied.

These budget cuts will undoubtedly create conflicts for DAs all over the state, as criminal defense attorneys battle to defend their clients and the DAs may not even be able to prosecute the defendants depending on the nature of the crime.

Although some in the legal community have said that they don’t think the DAs will actually lower their prosecution rates or lay off many people in the departments, many are recognizing the severity of the situation. Loyola Law School Professor Laurie Stevenson said, “I don’t think we’re leaving prosecutors with much choice. The volume of cases is just too high … I don’t think they’re bluffing.”

With such a grave situation, now more than ever it’s essential to have the right criminal defense attorney fighting for you. Serious felonies will now get more attention than ever with all of the departments’ money focused in on them and lower level felonies and misdemeanors may have an increased chance of success if handled by the correct experienced attorney.

Wallin & Klarich has over 30 years of experience in criminal defense and is here to help you in your criminal matter. Our aggressive and skilled California criminal defense attorneys are available 24 hours a day 7 days a week to talk to you about your case. Call us today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

Orange County, California is famous as a largely suburban area populated primarily by affluent and powerful people. Orange County is unique in that it is not identified by a large or dominant urban center, as there are no such areas in the county. There are many tourist attractions in Orange County, including Disneyland in Anaheim and excellent surfing conditions on its many beaches, especially those in the Huntington Beach area. With such a large population that is still growing, there is a considerable need for experienced family law attorneys in Orange County to help with matters involving divorce, child custody and support.

The Orange County child custody attorneys and child support lawyers at Wallin & Klarich have many years of experience handling cases for clients facing the difficulties of divorce, child support enforcement, child custody, child support, visitation rights, domestic violence, and restraining orders. Given our long history of operating in the area, we have a long-standing acquaintance with local courts, judges and district attorneys that afford our clients the Orange County family law counsel and representation they need to assure a positive outcome in their case.

The Orange County, California child custody and support attorneys from Wallin & Klarich have the knowledge and resources to make sure that high and low profile cases are resolved promptly and professionally. Whether you are dealing with Orange County child support, modification of custody, paternity or child custody, the Orange County child custody and support 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 child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

One Crime but Many Charges? What an Experienced Criminal Defense Attorney Can Do for You

How can the government charge many crimes when it’s only one event? It’s done everyday. They will say its 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 committed California burglary, 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 don’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 long list of charges and count the maximum penalty for each. You could be told that’s what you’re facing, but it’s a lot more complicated than that. You need a competent, experienced criminal defense lawyer in CA who gives correct answers. Call Wallin and Klarich at 1-888-280-6839 for your legal assistance. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

You’re charged with a crime. Does 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. That 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 so 30 minutes after the incident, which in this case was 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.

If accused of a crime you need the advice of a competent and skilled California criminal defense attorney to protect your interests. Call Wallin & Klarich today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

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

The Los Angeles County child custody attorneys and child support lawyers at Wallin & Klarich have more than 30 years of experience handling cases for clients facing the difficulties of divorce, child support enforcement, child custody, child support, visitation rights, domestic violence, and restraining orders. Given our long history of operating in the area, we have a long-standing acquaintance with local courts, judges and district attorneys that afford our clients the Los Angeles county family law counsel and representation they need to assure a positive outcome in their case.

The Los Angeles County, California child custody and support attorneys from Wallin & Klarich have the knowledge and resources to make sure that high and low profile cases are resolved promptly and professionally. Whether you are facing Los Angeles County child support, modification of custody, paternity or child custody, the Los Angeles County child custody and support 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 child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

Orange County Couple is Arrested in State’s Biggest Fraud Case Ever, and Need an Experienced Criminal Defense Attorney

A Laguna Hills couple has been arrested on charges of alleged fraud in California of nearly $30 million in insurance premiums. 50-year-old Michael Vincent Petronella and his 44-year-old wife Devon Lynn Kile are facing 106 felony counts including conspiracy, insurance fraud, tax charges and theft and are facing up to 102 years in prison.

The couple was arrested after a three year investigation concluded last week as authorities confiscated $500,000 worth of jewelry, $51,000 in cash and “an application to the ‘Real Housewives of Orange County’ reality show.” The couple owns a roofing company, among other businesses, and have allegedly been misreporting their employees’ injuries and falsifying papers for uninsured workers that were injured.

Joe Angelo has known the pair for many years and is representing Petronella, while Kile is being represented by a public defender due to the confiscation of the couple’s assets. Angelo has argued that the district attorney’s office has been using a “worst-case scenario” model for the case when calculating the underpaid premiums and he continues to fight for the couple.

With such serious charges, an experienced California criminal defense lawyer is essential to the defendant’s chance of success in a case like this. The Petronellas are facing the possibility of spending the rest of their lives in prison. They and anyone else who is facing serious criminal charges need the best possible legal representation they can find.

Wallin & Klarich has over 30 years of experience in criminal defense and are here to give you the help you need in your criminal case. Our aggressive California felony defense attorneys are available 24 hours a day 7 days a week to advise you on your case. Call us today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

Deportation for Drunk Driving? You Need an Experienced Criminal Defense Attorney

A new court decision may allow persons convicted of drunk driving in California 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 driving under the influence with a suspended driver’s license.

They found the combination of driving under the influence and 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.

If not a U.S. citizen, you can’t take a chance on deportation. That’s why you need a skilled, experienced criminal defense attorney in California to advise you. You will find the attorney you need at Wallin and Klarich. Call Wallin & Klarich today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

California Supreme Court Confirms Its Position on Robbery Issue, Meaning You Need an Experienced Criminal Defense Attorney

The California Supreme Court recently clarified a conflict in the Court of Appeal concerning whether, for purposes of Robbery, all employees have constructive possession of the employer’s property while on duty and thus may be separate victims of the employer’s business. The court held that all employees on duty during a robbery in California DO in fact have constructive possession of their employer’s property and therefore any employee on duty can be a separate victim of the robbery, thus increasing the likelihood of longer prison sentences for those convicted of robbery where multiple employees are on duty.

In the case at issue, People v Scott, Defendants Andre Scott and Maurice Kenney were each charged with three counts of Robbery based on a single incident which was the early morning robbery of a McDonald’s in Sacramento. The three alleged victims were employees on duty at the restaurant that morning. One of the employees was working the drive-thru window and when she saw two masked men enter the restaurant, one with a gun, she immediately ducked down and hid under the grill where she remained for the duration of the incident of theft in California. Another employee was preparing food in the back when the robbery started and she hid under a table for the duration of the robbery. The third employee, a manager, was the only employee with access to the safe and was directed to the safe where she opened it and placed money in a bag along with a tracking device that the suspects made off with. The suspects were apprehended shortly thereafter when police located them using the tracking device.

During trial, the Defense argued that the two employees who did not have access to the safe were not proper victims of the robbery because they did not have constructive possession of the money and therefore only one charge of robbery was proper as to the manager who did have access to the safe. The District Attorney argued that all three of the employees had constructive possession of the property because they were all engaged in performing their duties at the time of the robbery.

The Trial Court agreed with the DA and the Supreme Court affirmed that the conclusion that employees have constructive possession of their employer’s property when they are present during a robbery is consistent with a long line of cases involving the constructive possession issue and also consistent with the intent of the legislature. As a result of this case, Defendant Scott was sentenced to 116 years, 8 months to life in prison and Defendant Kenney was sentenced to a term of 30 years, 8 months. This case clarifies just how serious robbery cases are and will ensure lengthier sentences for those convicted of a robbery where multiple employees are present.

If you or anyone you know is being suspected of committing robbery, it is essential that an experienced California criminal defense attorney be contacted, such as those at Wallin & Klarich. Contact Wallin & Klarich today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

The Department of Juvenile Justice (DJJ) is part of California’s criminal justice system that deals exclusively with the crimes and subsequent punishment and rehabilitation of our youth. Originally known as the California Youth Authority (CYA), the division began in 1943, providing training and parole supervision for juvenile and young adult offenders.

The DJJ's mission is to protect the public from criminal activity. The law mandates the Division to:
• Provide training and treatment services for youth offenders convicted in a court of law
• Direct youth offenders to participate in community and victim restoration
• Assist police and other agencies with efforts to control crime and delinquency
• Encourage the development of state and local programs to prevent crime and delinquency

When a minor is committed directly to the DJJ, they do not receive a ‘sentence’ for their juvenile crimes in California. Their length of stay is instead determined by the severity of the crime they committed and their progress toward parole readiness. If a minor is found guilty at a juvenile court proceeding, he or she will be sentenced separately. For less serious offenses, sentencing could include probation, restitution to victims, community service, a halfway house or foster care. More serious offenders could be sent to training school or a secure facility ("lock-up"). Minors who became wards of the court before age 16 can be kept in state custody until age 21; minors ages 16 or older can be kept until they're 25.

The California juvenile crimes defense lawyers at Wallin & Klarich believe that it is always in a minor’s best interest to retain a highly experienced juvenile criminal defense law firm when first accused of a criminal charge. Our attorneys help minors facing serious criminal charges in addition to helping minors clean up his or her juvenile record. If your child is facing the seriousness of juvenile criminal charges, contact us today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

San Diego County is the second most populated county in California. San Diego County is just north of the Mexican border and located near the Pacific Ocean. In 2008, the estimated population was 3,146,274. The county seat is the city of San Diego. Out of about 994, 677 households, thirty-four percent had children under the age of 18 living with them and fifty percent were married couples living together. Given the large amount of families within San Diego County’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 Diego County 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 Diego County family law representation and counsel they need to assure a positive outcome in their case.

The San Diego County, 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 Diego County child support, modification of custody, paternity, or domestic violence, the San Diego County 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.

Cursory Investigation of Potentially Exculpatory Evidence Amounts to Inadequate Assistance of Counsel for Minor – Why You Need an Experienced Juvenile Defense Attorney

When hiring a criminal defense attorney in California to represent your child, be sure he/she is competent, aggressive and thorough. In the case of In re Edward S. 2009 DJDAR 6066, the Court of Appeal ruled that a minor’s trial had to be reversed and remanded back to the juvenile Court because his attorney was ineffective and failed to properly represent the minor in a sex case. Edward S., a minor, was charged with a sex crime against another minor. His trial attorney failed to properly investigate the case or hire potential experts to assist in the case. The petition against him was found to be true beyond a reasonable doubt. He appealed and the Court of Appeal reversed the adjudication.

The law firm of Wallin & Klarich has been representing minors like Edward S. in the juvenile court system for over 30 years. Our firm has the highest rating a law firm can have: “an AV rating” by our peers. We know what it takes to properly and effectively investigate each case. If your child is being investigated for a crime or is charged with a crime, call the law firm of Wallin & Klarich. The stakes are just too high not to. Contact a Wallin & Klarich California juvenile criminal defense attorney today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

This story is an interesting case. According to the article, it might be unethical for an attorney who represents someone to ask the opponent witness or alleged victim in a case to be a friend by using a fake friend request on Facebook.com

What does that mean? That means your attorney can’t ask to “friend” the alleged victim in a case without disclosing the fact that it’s the attorney who is requesting the friend, or that it’s a person sent by the attorney.

But that doesn’t mean the cops can’t do it. Cops are allowed to do whatever they want to gather information provided that they tell the truth in court about it and don’t violate the United States Constitution.

That’s why it’s important that potential defendants in criminal cases know that the best thing they can say to someone they don’t know, is absolutely NOTHING.

That means it’s a very bad idea to post too much information about yourself on social networking sites like myspace.com and facebook.com. If the police are smart enough, they might be able to track down the information from the website and link it to you. This can have disastrous effects on your pending criminal trial.

Remember, while social websites might be fun, you always run a risk of giving the wrong information to the police. Contacting a skilled California criminal defense attorney at Wallin & Klarich today at 1-888-280-6839 will help you deal with a situation like the one above. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

The city of West Covina is in Los Angeles County, California and located in the eastern San Gabriel Valley. West Covina was originally an agricultural area cultivating oranges and walnuts, but has grown into a suburban area with more than ninety percent of its land developed. The reported population in 2008 was 112,666 people in which out of 31,411 households, forty-one percent had children under the age of eighteen living with them and fifty-eight percent were married couples living together. Given the large amount of families within West Covina’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 West Covina 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 West Covina family law representation and counsel they need to assure a positive outcome in their case.

The West Covina, 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 West Covina child support, modification of custody, paternity, or domestic violence, the West Covina family law attorneys and divorce lawyers at Wallin & Klarich will exhaust every possible resource to protect the rights of you and your family.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing divorce or family law matters in Southern California, you need to call Wallin & Klarich today for an evaluation of your case. Call 1-888-749-7428 to get in contact with an attorney today.

California law has several ways in which a person may clean up their criminal record. Depending on the time since your conviction and the circumstances surrounding the charge, it may be possible to have the conviction expunged from your record. When a criminal record is expunged you may legally answer “no” when asked by private employers if you have ever been convicted of a crime.

If you have been convicted of a misdemeanor and were not sentenced to probation or have successfully completed probation: If this is your situation, it is highly likely you will be able to have your record expunged. Contact an experienced California expungement attorney at Wallin and Klarich and they can get started immediately to clear your record.

If you have been convicted of a misdemeanor and are still on probation: Even though you have not yet completed your probation, it is still possible to have you record expunged. If this is the case, it will be necessary to file a motion to terminate probation. The court will grant such a motion when it serves the “ends of justice.” This means you must have a good reason, i.e. you are unable to find a job or obtain licensure. A skilled criminal defense attorney in Orange County from Wallin and Klarich can work with you to be able to make a compelling argument to the court. If a motion to terminate probation is not granted, it will still be possible to have your record expunged upon completion of the terms of your probation.

If you have been convicted of a felony and have successfully completed probation, but did not serve time in state prison: First, it will be necessary to file a motion to have your felony charge reduced to a misdemeanor. Attorneys at Wallin and Klarich have had hundreds of these motions granted, and they can do the same for you. After the felony is reduced to a misdemeanor, you may file a motion to have the record expunged.

If you have been convicted of a felony and have not yet completed probation, but did not serve time in state prison: Even if you haven’t yet finished your probation, it is STILL possible to have your record expunged! However, it will be necessary to have a very good attorney on your side. Attorneys at Wallin and Klarich have successfully expunged criminal records from many such clients, and can do the same for you.

If you have been convicted of a felony and sentenced to state prison: Believe it or not, even if you have spent time in state prison, the law still allows a person to improve what is on their record. Contact an attorney at Wallin and Klarich for more information.

As you can see, there are various technical circumstances that can affect the means of clearing your criminal record in California. If you are looking for a skilled California criminal defense attorney who will aggressively defend your rights and keep you informed, then Wallin & Klarich can help protect your reputation. Call us today at 888-280-6839 for a case evaluation or visit our website at www.wklaw.com.

California Supreme Court Holds Attempted Murder May Be Found Where The Defendant Shoots At Group Of People With Intent To Kill A Person And Not Specific Victim

A recent ruling by the California Supreme Court underscores the necessity of hiring an aggressive criminal defense attorney. The Court held in People v. Stone, that a defendant could properly be convicted of attempted murder, even if the defendant did not intend to kill a specific victim. In Stone, the defendant was charged with one count of attempted murder after he shot into a group of approximately 10 people.

Attempted murder requires “the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing.” The California Supreme Court heard the Stone case after the Court of Appeal reversed the attempted murder conviction. The appellate court reversed the conviction, concluding that the evidence showed that the defendant intended to kill someone, but not specifically the person he was charged with attempting to kill.

The issue before the California Supreme Court concerned the nature of the intent to kill requirement for attempted murder, and whether the intent must be to kill a particular person, or whether a generalized intent to kill someone, but not necessarily a specific target is sufficient. The Court concluded that a defendant, who intends to kill, could be guilty of attempted murder even if the defendant has no specific target in mind. The Court reasoned, “an indiscriminate would-be killer is just as culpable as one who targets a specific person.

If you or a loved one have been charged with a serious crime like murder, it is imperative that you hire an aggressive, experienced murder and violent crimes defense attorney. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

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

Budget Cuts, Hiring Freezes Impact Caseloads of Public Defender’s Offices, Which Means You Should Hire A Private Criminal Defense Attorney

In the landmark 1963 case of Gideon v. Wright, the Supreme Court held that every person accused of a serious crime, whether they could afford an attorney or not, had a right to effective assistance of counsel. From this case came the birth of the modern Public Defender’s office, implemented with the goal of providing effective legal assistance to those who could not, or did not wish to, pay for a private attorney.

Unfortunately, times are changing. With the current economic climate resulting in state budget cuts in nearly every sector, the Public Defender’s office has not been immune. In fact, several southern California counties have completely stopped hiring at a time when additional attorneys are desperately needed. In fact, with a normal attrition rate due to retirement and public defenders moving into the private sector, the total number of attorneys at Public Defender’s offices in some counties has decreased while the number of defendants being charged with criminal offenses has remained steady or even increased.

The obvious result of fewer attorneys and more defendants is each public defender has a much higher caseload and the same number of hours per week with which to deal with those additional cases. This means less time to negotiate a plea with the district attorney, less time to prepare an important motion to be presented to the judge, less time to investigate evidence and potential witnesses to the case, and less time to focus on the individual charged with a crime. This leads to other difficulties as well.

In some cases the caseloads of the public defender may lead to the lawyer that is appointed to suggest that you accept the initial offer made by the District Attorney. Prior to accepting any offer from the public defender you need to strongly consider contacting the Orange County criminal defense attorneys at Wallin and Klarich to provide you with a second opinion. In many cases when clients are wise enough to contact our office we determine that the offer that is being made by the prosecution is not an offer that the accused should accept.

By retaining an experienced and reliable attorney from Wallin & Klarich, you can be certain that you and your case will receive the individual attention it deserves. Contact a Wallin & Klarich attorney today at 1-888-280-6839 to speak to an attorney. Also, visit us online at www.wklaw.com. to learn more about your case and what can be done.

U.S. District Judge Delays Sentencing for Convicted Marijuana Distributor Represented by Criminal Defense Attorney

A federal judge recently delayed the sentencing of a Morro Bay man on March 24, 2009, who was facing drug charges for running a medical marijuana dispensary, according to the LA Daily Journal. Last year, Charles C. Lynch was found guilty of distributing over 100 kilograms of marijuana from his Central Coast Compassionate Caregiver dispensary, and is facing up to five years in federal prison.

With the U.S. Drug Enforcement Administration conducting over 80 raids on medical marijuana dispensaries in the past three years, distributing marijuana in what arguably may be a legal manner can have serious consequences. Although U.S. Attorney General Eric Holder said “federal agents would only target marijuana dispensaries if their operators violated both federal and state law,” prosecutors are bringing legal actions against California residents who are in compliance with California law.

Due to these discrepancies, U.S. District Judge George H. Wu decided to delay Lynch’s sentencing and told prosecutors that before making a decision he would “need to know-in writing- whether the U.S. Department of Justice has changed its policy regarding the prosecution of medical marijuana dispensary operations,” and how that change would affect Lynch’s sentencing.

If you or someone you know is facing similar charges regarding medical marijuana in California, call Wallin & Klarich. Wallin & Klarich has over 30 years of experience in drug cases and are here to help you. Call 1-888-280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Also visit us on the web at www.wklaw.com.

Due to Experienced Criminal Defense Attorney’s Efforts, Federal Court Makes Limits On Prison Officials’ Ability To Routinely Strip Search Inmates

Having to go to prison can be one of the most frightening experiences any person can go through. Couple that fear with the embarrassment and humiliation of being strip searched and the experience can be absolutely terrible. However, a recent court ruling held that prisons cannot routinely strip search drunk drivers and other non-drug, non-violent arrestees without reason to think they are hiding contraband.

A prisoner was strip searched on each of 15 weekends she spent at a prison on a second drunken-driving offense. Another prisoner was arrested and strip searched for missing a court date in a domestic dispute. Courts have typically noted the humiliation inherent in visual and bodily searches. However, courts have had the task of balancing a person’s Fourth Amendment search and seizure protection against the prison’s need to maintain order.

The court held that “conducting strip searches on persons who are not arrested for offenses associated with contraband, have never been arrested on any such charges, and who are not carrying any contraband at the time of the arrest bears "no discernible relationship to security needs.’”This ruling by the Federal Court means that unless a prisoner has contraband on them, or is arrested for a crime involving contraband, it is unlawful for prison officials to conduct a strip search.

If you have been charged with a crime, it is imperative that you hire an experienced California criminal defense attorney. Hiring an experienced criminal defense law firm can greatly increase your chances of maintaining your freedom. 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 contact 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.

Victorville is a city within the Victor Valley of western San Bernardino County in California. Victorville is located at the southern edge of the Mojave Desert with an estimated population of 107,721 in 2008. Out of about 30,000 households, forty-three percent have children under the age of eighteen living with them and fifty-four are married couples living together. Given the large amount of families within Victorville’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 skilled Victorville 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 Victorville family law representation and counsel they need to assure a positive outcome in their case.

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

California Court of Appeal Reverses Conviction of Defendant Found Guilty of Sex Crime for Showing Harmful Matter to a Minor

A jury in California found a defendant guilty of California Penal Code Section 288.2(a) for showing a 16-year-old girl pornographic images on the television. The defendant appealed that decision, and the California Court of Appeal reversed the conviction holding that there was insufficient evidence for the sex crime in California.

The alleged victim in this case was a 16 -year-old friend of the defendant’s daughter. The 16-year-old testified that while spending the night at the defendant’s house, she and the defendant watched television together. She testified that, as the defendant was flipping through the channels, he came across pornographic material. One scene showed a naked women dancing, and the other showed a naked man and naked women purportedly having sex. However, the 16-year-old testified that the television showed “only the upper bodies” of the actors. As a result of this incident, the defendant was charged and found guilty of California Penal Code Section 288.2(a).

California Penal Code Section 288.2(a) provides in material part: Every person who, with knowledge that a person is a minor… knowingly… exhibits…any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor” shall be guilty of a public offense. The California Court of Appeal held that Section 313 “essentially tracks” the three-prong test for obscenity articulated by the United States Supreme Court in Miller v. California (1973) 413 U.S. 15.

The Court of Appeal held that there was insufficient evidence in the record to hold that the television images, as described by the 16-year-old, met the test for harmful matter. The sole evidence presented at trial that the television programming viewed met the test for “harmful matter” was the testimony of the 16-year-old herself. The court referenced language in Miller that held that the matter must be “judged by its impact on an average person, rather than a particularly susceptible or sensitive person-or indeed a totally insensitive one.” Therefore, the court ruled in its California appeal that the testimony of the 16-year-old alone was insufficient to meet the test for harmful matter.

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. 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.

If You Have a Juvenile Record, You Have a Statutory Right to Hire a Juvenile Defense Attorney to Petition the California Juvenile Court to Seal Your Record

You would be hard pressed to find anyone who has not made a mistake as a youth. Youthful indiscretions, no matter how common, may greatly affect an individual’s life thereafter. Often times a juvenile record in California can come back to haunt a person as they look for employment, or attempt to further their education. It is common knowledge that a person who has a juvenile record, may suffer from negative consequences as a result of the record. However, what most people are unaware of is what can be done about sealing a juvenile record.

By statute, individuals have a right to petition the Juvenile Court to seal the juvenile record, as well as the records in custody of other agencies. This includes records in the custody of law enforcement agencies and public officials. Under California Welfare and Institutions Code Sections 389 and 781, an individual may petition to have their juvenile record sealed if either one of the following occurs: five years or more after the jurisdiction of the juvenile court has terminated, five years or more after the individual was cited to appear or were taken before a probation officer or any officer of a law enforcement agency where no petition was filed in the Juvenile Court, or at any time after the individual has reached the age of 18. Cleaning up your criminal record can significantly improve your chances of getting a job or advancing your education.

If you have a juvenile record and hope to obtain gainful employment or hope to further your education, it is imperative that you hire an experienced criminal defense attorney. Hiring an experienced criminal defense law firm in California can greatly increase your chances sealing your juvenile record. The attorneys at Wallin & Klarich have been helping people keep their record clean 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.

The city of Ventura is commonly referred to as San Buenaventura and is the county seat of Ventura County in California. Ventura is known for having some of the best surfing spots in Southern California and downtown Ventura is home to the San Buenaventura Mission. Ventura’s estimated population is 106,744 with 38,524 households in which thirty-two percent had children under the age of eighteen living with them and forty-nine percent were married couples living together. Given the large amount of families within Ventura’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 Ventura 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 Ventura family law representation and counsel they need to assure a positive outcome in their case.

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

Ninth Circuit Court Ruling Holds a Person is not in Custody Even After Being Questioned by Officers for Over Two Hours

Few things are more intimidating than law enforcement interrogating you about your possible involvement in a crime. Often, it is this intimidation that causes people to confess to criminal charges. The Courts have held that before interrogating a person, police officers generally must explain to that person that they have certain rights, what’s commonly known as Miranda rights. So-called Miranda warnings must be given whenever a person is deemed to be “in custody”. Recently the United States Appeals Court for the Ninth Circuit ruled that a defendant who was questioned by officers for over two hours was not deemed to be in custody, and therefore his statements to law enforcement could be used against him at his trial.

In 2005 internet provider Yahoo, Inc. reported to police that one of its customers had uploaded images of child pornography. Law enforcement tracked down the user for alleged Internet crimes and questioned him at his workplace. The suspect was questioned by officers for over two hours in an isolated room. During the interrogation, the suspect made a series of incriminating statements. The Trial Court determined that the defendant was in custody for purposes of Miranda, and since officers did not advise him of his Miranda rights, the statements he made could not be used by prosecutors. However, the Appeals Court disagreed and held that even under these circumstances the incriminating statements could be used.

This ruling by the court further permits authorities to use statements made by individuals before they have been advised of their rights. If you or a loved one is being investigated for a crime or have been charged with a crime, it is imperative that you hire an aggressive and experienced California criminal defense law firm. The attorneys at Wallin & Klarich have been helping people keep their freedom for over 30 years. You can reach them to set up an appointment at 1-888-280-6839, or visit their website, www.wklaw.com, for more information.

California’s Budget Problem Leads to More Expensive Traffic Tickets, Requiring the Defense of an Experienced Criminal Defense Attorney

With the economy hurting and the California budget billions of dollars in the red, lawmakers have recently tapped a new source of income that will hit motorists in the wallet, and hard. Senate Bill 1407, which went into effect on January 1, 2009, increases the cost of every traffic violation, in some cases by several hundred dollars. The legislation is expected to raise more than $280 million annually, directly out of the pocket of unsuspecting California drivers.

While the exact increase in fines will vary depending on the county in which the ticket was received, all tickets paid statewide on or after January 1st will now carry an additional assessment of at least $35. The fee to request traffic school has been raised from $24 to $49, and “fix-it” tickets will now cost $25, up from the previous mark of $10. Further, the judge in your case may increase the fine even more based upon your driving history and any aggravating circumstances.

What does this mean to the average driver? Well, it is now possible that if a person receives a single speeding ticket and then fails to promptly pay the fine or appear in court, they may owe the court more than a thousand dollars. Further, a conviction for moving violations will count as a “point” on your record. Two points over a three year period will probably result in an increase in your insurance rates. Four points in one year, six in two years, or eight in three years can result in your license being suspended by the DMV.

With this in mind, now more than ever it has become cost effective to fight your traffic ticket. Skilled criminal defense attorneys in Los Angeles at Wallin and Klarich can appear for you in court so you never have to miss work. You have a right to a trial before a judge for a traffic ticket; and the standard to convict is beyond a reasonable doubt. This means you CAN win when you have a Wallin and Klarich attorney on your side.

Call now to speak to an experienced California 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.

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 possible 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 a highly qualified and experienced criminal defense law firm to defend you when you are facing charges filed by the government prosecutors. Unless you are a highly skilled 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 discoveries 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 a conviction, it may be too late to help you.

How much is your freedom and criminal record worth? Contact the skilled criminal defense lawyers in California at 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.

How Do I Apply for a Certificate of Rehabilitation? Do I Need to Hire a Criminal Defense Attorney?

If you’ve ever been convicted of a crime in California, you know that the feeling of regret soon follows. You try your best to live the rest of your life as a different person, a better person than the person you were at the time of your arrest, but the shadow of your past remains over you. This can cause embarrassment, shame, social alienation, difficulties in procuring well paying employment, problems with family, friends, and neighbors, and even depression. In most cases, having to face California sex-offender registration for the rest of your life, and having your identity on websites such as Megan’s Law, can be devastating.

Well, you don’t have to live the rest of your life regretting your past, or feeling like your past follows you everywhere. With the help of an experienced California expungement lawyer at Wallin & Klarich, you can change your future by applying for a Certificate of Rehabilitation.

You can qualify for a Certificate of Rehabilitation if you:
• Were sentenced to State Prison and were released on Parole, thereby making you ineligible for an expungement.
• If you have a felony conviction and desire to apply for a Governor’s Pardon.
• You have a Misdemeanor conviction, and by law are required to register as a Sex Offender per Penal Code section 290.

The Benefits of a Certificate of Rehabilitation are:
• Once the Certificate is granted, it becomes an automatic application for a Governor’s Pardon.
• State licensing agencies will take into account the Certificate when deciding to grant a state license for Nursing, Real Estate, Contractor, etc.
• Relieves certain sex-offenders from having to register per Penal Code section 290.

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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. 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 Los Angeles DUI defense law firm to go to work for him. He needs to demand a DMV hearing in California 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.