Southern California Defense Blog

An Experienced Sex Crime Defense Attorney can Quietly Move This Case Through the Criminal System

A Goleta Man who lured women to his home under the guise of a job posting to clean his home was arrested on suspicion of exposing himself, according to an article on the LATIMES.COM. The 59 year old Santa Barbara man, who was free on bail, was awaiting arraignment on 3 charges of indecent exposure in California.

The man posted ads on craigslist.com looking for a caregiver to help with household duties several days a week. In one instance, when a women arrived at his residence for their interview the man explained that her job duties would involve assisting the man in taking a shower. The Goleta man then dis-robed and allegedly began to masturbate in front of the job applicant.

The report suggests that similar instances occurred with 2 other women who answered similar ads.

Indecent exposure convictions, like all sex crime convictions can alter an individual’s life permanently. Not only will one face imprisonment, but they will also have to endure the stigma that comes along with being convicted of a sex crime. Background checks will reveal an indecent exposure conviction to potential employers, and the convicted will have to register as a sex offender in California.

Continue reading "Goleta Man Arrested in Craigslist Lure" »

Why You Need an Experienced Criminal Appeals Attorney Fighting for You

A report published on LATIMES.COM discussed the recent Supreme Court decision regarding the rights of prisoners to have crime samples tested for DNA. The important decision cleared the way for individual states to legislate the issue themselves as the Court found that there was no need for a constitutional amendment that would dictate the criminal court procedures for all 50 states.

According to Chief Justice John G. Roberts Jr, the majority of the court saw no reason for:

"a freestanding and far-reaching constitutional right of access to this type of evidence." Upholding such a new right "would take the development of rules and procedures in this area of out of the hands of legislatures and state courts shaping policy in a focused manner and turn it over to federal courts…"

While decisions like this one may appear to impair prisoner’s rights as a whole, it does not discount the possibility of post conviction DNA testing. This ruling just gives states more flexibility in deciding procedures for post-conviction relief, which California provides.

California Penal Code 1405 states that:

(a) A person who was convicted of a felony and is currently serving a term of imprisonment may make a written motion before the trial court that entered the judgment of conviction in his or her case, for performance of forensic deoxyribonucleic acid (DNA) testing.

Continue reading "Supreme Court Rules DNA Tests for Prisoners Not a Constitutional Right" »

An ineffective assistance of counsel claim is one reason to withdraw a plea agreement. In order to prevail on an effective assistance of counsel claim, defendant must demonstrate that his counsel’s representation was “deficient” and that deficiency caused a result that would not have happened but for the inadequate representation.“Deficient” means that the counsel’s representation fell below an objective standard of reasonableness; meaning, the attorney did not handle the case as a reasonable attorney would.

In Moore v. Czerniak, the defendant pled no contest to felony murder under the advice of his counsel. July 28, 2000, DJR, No. 04-15713. However, police obtained an illegal confession from the defendant that should have and would have been excluded from evidence. The attorney mistakenly thought that the confession would have been admissible and is the reason why the attorney advised his defendant to plead guilty to felony murder.

The Ninth Circuit Court of Appeals held that this was deficient representation that caused the defendant to plead guilty in a situation where he otherwise would not have pled. Therefore the court allowed the defendant to withdraw his plea.

Continue reading "Ineffective Assistance of Counsel is Cause to Withdraw a Plea When Counsel Failed to Have Defendant's Statements Excluded" »

The California Supreme court determined in People v. Traylor, that a defendant could be tried under a second complaint for negligent vehicular manslaughter when the first complaint, vehicular manslaughter with gross negligence, had been dismissed. In California, even though the original charge had been dismissed, a second charge could be filed based on the exact same conduct.

The first charge was “vehicular manslaughter with gross negligence” while the second charge was for “negligent vehicular manslaughter.” Because the first charge required the District Attorney to prove gross negligence and the second charge only required the District Attorney to prove simple negligence, the court held that the second charge was not barred by double jeopardy or California law.

California has begun toughening up vehicular accidents that result in death to obtain more convictions. There are many serious consequences associated with a charge of vehicular manslaughter in California.

Continue reading "Double Jeopardy and Vehicular Homicide" »

Ontario is a flourishing city in San Bernardino County, California. Ontario’s population, which was estimated to be 171,691 in 2000, has increased to nearly one hundred times the size it was one hundred years ago. Today, it hosts a small international airport and an ECHL hockey team, the Ontario Reign. Its economy today is primarily focused on service and warehousing but some agriculture and manufacturing facilities remain. Ontario is a chief focal point for freight and passengers, which is assisted by several major freeways that run through the city. With such a large amount of traveling along its roadways, Ontario is not immune to alleged incidents of drunk driving, in which those accused have the right to receive legal representation from an experienced Ontario DUI defense attorney.

A DUI charge in Ontario comes with stern repercussions that often leave a person feeling overwhelmed and puzzled as to what they should do. Most people charged with a DUI offense in Ontario are not aware just how many consequences they may face if convicted. At Wallin & Klarich, our dedicated Ontario DUI defense lawyers have been aggressively protecting the rights of those charged with DUI for many years and understand how critical this time is for you in building a strong defense.

Continue reading "Ontario Criminal Defense and DUI Attorneys" »

An Experienced Criminal Defense Attorney Can Effectively Guide a Person through the Severe Charges They Face and Provide a Persuasive Defense

A KTLA.COM news report has detailed the story of an Orange County mom who ran a high end prostitution ring. The mother of two pleaded guilty to money laundering and transporting a person from Orange County to New York City for purposes of prostitution. The guilty plea followed a previous not-guilty plea that was entered in a Santa Ana court in May.

According to reports, the ring employed as many as 71 escorts, who catered to a high-profile list of clientele. Client’s reportedly paid up to $50,000 for one night with the escorts, this after paying a $1,500 initiation fee.

The video news reports alleges that the Orange County Madame has struck a deal with prosecutors, possibly turning over the identities of her clientele, a who’s who of Hollywood stars, professional athletes, and perhaps even politicians. Court prosecutors recommended Braun be sentenced to a fine of $30,000, 6 months of home confinement and five years probation.

Continue reading "OC Mom Admits Running High End Prostitution Ring" »

CHRIS BROWN AVOIDS JAIL TIME DUE TO HIS WISE DECISION TO HIRE AN EXPERIENCED CRIMINAL DEFENSE LAWYER WHO KNEW ABOUT ALTERNATIVES TO JAIL TIME

Singer and R&B star Chris Brown was sentenced yesterday for his February assault on his former girlfriend, pop star Rihanna. Los Angeles Superior Court Judge Patricia Schnegg sentenced Brown to 5 years probation and 6 months of community labor. In addition to the probation and community labor, Brown is prohibited from going within 100 yards of Rihanna for 5 years.

The sentence was handed down after Judge Schnegg considered a probation report that noted two prior incidents of violence. Though these incidents were not reported to the police, they were still considered in aggravation of the Los Angeles assault.

When you or a loved one are facing the possibility of serving jail time in county jail or state prison the most important thing you can do is retain a highly skilled California criminal defense law firm that knows all of the “alternatives” to jail time that exist in your court. At Wallin and Klarich we have lawyers that concentrate on handling cases for our clients in specific courts. This allows our lawyers to know every alternative that exists to avoid our clients from doing time in jail or going to prison.

When you are deciding what law firm to hire, give serious thought to the ten tips below that will help you select the proper legal representation in your case. The final decision as to whom you should hire to help you or your loved one is who you believe has:

1. The experience to handle your type of case


2. The experience to handle your case in the exact courthouse where your case is pending


3. Many criminal defense attorneys working together as a team on your case


4. A law firm that was there to answer your phone call when you first called for help


5. A law firm that allows you to communicate with them via email on a regular basis


6. A law firm that wants you to tell them about your defenses and your personal history so they can be ready to defend you


7. An “AV RATING” by Martindale Hubbell


8. A law firm that provides you with “testimonials” from prior clients who were very happy with the services they received


9. A law firm that will be honest with you and tell you the truth about your case so there are no surprises


10. A law firm that will charge you a reasonable fee considering all of the facts of your case

Wallin and Klarich has years of experience in advocating for alternative sentencing. We have many skilled attorneys who know many alternatives to serving jail time. Their perseverance and competence in similar actions has lead to equal due justice. Our attorneys can be contacted by phone or through our website. Call 1-888-280-6839, or visit our website, www.wklaw.com for more information.

Probable cause to arrest exists when the facts known to the officer and the inferences that can be fairly drawn therefrom would cause a reasonable and prudent person to believe that the suspect has committed a crime. Beck v. Ohio, 379 U.S. 89 (1964).

In essence, probable cause is a reasonable belief that a suspect is about to commit, is committing, or imminently will commit a crime. Probable cause is a far lower standard than evidence sufficient to convict. The probable cause standard is even lower than a "preponderance of the evidence" standard used in civil case. Biddle v. Martin, 992 F.2d 673 (7th Cir. 1993).

Continue reading "What Standard is Used to Determine Whether an Officer Had Probably Cause to Arrest?" »

A previous article began the discussion of how the California Supreme Court decided in March 2009 that immigrants facing deportation are no longer provided with the option of two common post conviction challenges. These include the legal procedures of a writ of habeas corpus and a write of error coram nobis, which provide post conviction relief if immigration consequences have been altered.

Withdrawal of Plea
In most states, immigrants have available to them procedures to clean their 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 one recent case, People v. Kim, an immigrant no longer in custody may not exercise a writ of coram nobis, which in the past would allow an immigrant the opportunity of an investigation into ineffective representation that led to a guilty plea.

A writ of coram nobis used to allow the chance for an immigrant to withdraw his or her plea and eliminate the original conviction based on a defect, thus resulting in the immigrant not needing to be deported. However, the court unanimously 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 immigrants no longer in custody. However the California Supreme Court felt that any change to the law needs to come from the legislature and not the courts.

Continue reading "California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part II" »

Located in Orange County, Irvine has an estimated population of 207,500. Irvine is home to many Universities and is located closely to popular beach sites such as Laguna and Newport. In 2008, Irvine was chosen by CNNMoney.com as the fourth best place to live in the entire United States due to its good housing, jobs, and schools. It was reported by the FBI in June 2009 that Irvine had the lowest violent crime rate of cities in the United States with populations of greater than 100,000. However, when incidents of driving under the influence in Irvine do occur, a skilled Irvine DUI defense attorney can be relied on to inform an accused of his or her rights and provide quality legal assistance.

A DUI charge comes with serious consequences that can often leave a person feeling overwhelmed and confused. Most individuals charged with DUI in Irvine are not aware just how many penalties they may face if convicted. If you fail tyo request a DMV hearing in the span of 10 days after your arrest, your driver’s license will automatically be suspended for four months or longer if you’ve had a previous DUI offense. At Wallin & Klarich, our aggressive Irvine DUI defense lawyers have been protecting the rights of those charged with DUI for many years and understand just how high the stakes can be against you.

Continue reading "Irvine Criminal Defense and DUI Attorneys" »

The California Supreme Court ruled in March 2009 that immigrants who are facing deportation may no longer rely on two common post-conviction challenges: the legal procedures of a writ of habeas corpus or a writ of error coram nobis that provide post conviction relief if immigration consequences have been altered. The courts ruled in two separate cases, People v. Kim and People v. Villa, that these options would no longer be available to a defendant once they have served a sentence and are no longer on parole or probation. This article will examine a few key points regarding how the ruling affects the rights of immigrants at risk of deportation.

California Criminal Appeals: Revised Rights
To begin with, in People v. Villa, the California Court of Appeal considered Villa’s writ of habeas corpus because even though he completed probation, he was in "custody" from a 1989 conviction. However in the end, the California Supreme Court refused the writ, deciding that Villa was neither in constructive or actual state custody and therefore could not be issued the writ of habeas corpus, which would have provided legal action to seek relief from possible unlawful detention.

The court ruling means that once the defendant is no longer “in custody”, it is too late for the state courts to entertain either writ. Many immigrants and criminal defense lawyers do not fully realize these consequences when pleading to the criminal charge. Often a criminal defense attorney will advise a defendant to plead guilty to avoid incarceration without investigating the immigration penalties. A skilled California criminal defense attorney should be aware of immigration intricacies, and to know their client’s immigration situation before advising them to plead guilty to a charged offense.

Continue reading "California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part I" »

Comments from a Traffic Ticket and Criminal Defense Attorney

Officers may stop and detain a vehicle upon reasonable suspicion of any traffic offense, no matter how minor the offense. The scope of the initial traffic detention will depend on the reason for the initial stop, as well as the facts developed during the stop. A court will always look first at the reason for the stop.

The traffic detention must last no longer than necessary to resolve the suspected traffic violation, either by warning, citation, or upon hearing an explanation from driver. (Florida v. Royer, 460 U.4. 491, 1983). In addition, the detention and investigation must be reasonably related to the initial reason for the stop, unless other factors support additional reasonable suspicion. (United States v. Gill, 204 F.3d 1347, 11th Cir.) Further detention must be supported by reasonable suspicion of more serious criminal activity (United States v. Davis, 430 F.3d 345, 6th Cir., 2005).

Continue reading "Can an Officer Just Stop You for Any Reason?" »

Comments From a California Criminal Defense Attorney

The Courts have held that the questions asked by a police offer during a California DUI stop are asked before the person is in custody for purposes of Miranda.

Meaning, in most instances, there is no legal obligation for an arresting officer to advise a suspect of their Miranda rights. Even when there is a Miranda violation, it will merely result in the suppression of statements obtained as a result of the violation. It will generally not result in an outright dismissal.

The courts’ rulings in the area of Miranda deal primarily with the ability of a police officer to ask limited investigation questions in a roadside scenario. Often times, police questioning goes beyond mere limited investigative questioning. As such, hiring a criminal defense attorney with great knowledge and experience is important to develop legal challenges out of an officer’s failure to warn a suspect of their rights.

Continue reading "No Legal Obligation for a DUI Arresting Officer to Advise a Suspect of their Miranda Rights" »

Most courts rule that no reasonable suspicion is required prior to asking for voluntary consent to search a vehicle at a traffic detention. (United States v. Burton, 334 F.3d 514, 2003). However, the prosecution carries a heavy burden to show that the consent was truly voluntary (United States v. Flores, 48 F.3d 467, 1995).

When law enforcement stops a vehicle, mere questioning of the driver does not create a detention such that Miranda rights must be read to the driver. In the same way, asking a driver for consent to search a vehicle does not independently create a detention.

Understanding the lawfulness of a traffic stop and subsequent vehicle search requires a deep understanding of the Constitution and how it applies to specific facts of the case.

Continue reading "No Reasonable Suspicion is Required Prior to Asking for Voluntary Consent to Search a Vehicle at a Traffic Detention" »

The city of San Bernardino stretches 78.5 square miles in size, and is part of California’s Inland Empire. Housing an estimated population of 205,010 as of 2006, San Bernardino is the 18th largest city in California based on population, and is located at the foothills of the San Bernardino Mountains. Like other cities throughout California, San Bernardino’s economy relies heavily on the government sector, although both the retail and service industries play contributing roles as well.

With the state of California being a prime tourist destination, it is no surprise that numerous vacationers pass over the state’s roads and highways each year, including those that run through the city of San Bernardino. Law enforcement is often on the lookout for drivers operating their vehicle while under the influence of alcohol or drugs. According to the California Department of Motor Vehicles, there was a total of 30,783 alcohol involved injuries in the state of California in 2007, and 1,489 alcohol involved fatalities, all occurring on California roads and highways. For the residents of San Bernardino, skilled San Bernardino DUI attorneys are definitely a necessity, particularly since DUI charges can be complicated.

Continue reading "San Bernardino Criminal Defense and DUI Attorneys" »

Wallin & Klarich Defense Attorneys Elaborate

To show that a suspect constructively possesses contraband and therefore may be arrested, an officer must have facts demonstrating a sufficient connection between the suspect and the drugs/contraband. This connection must be sufficient enough to infer that the suspect had both the power and intent to exercise dominion and control over the contraband.

A common probable cause issue in California drug crime arrests arises when drugs or other contraband are found in a room or vehicle occupied by multiple persons. Rarely does the question, "Who owns the dope?" result in a complete and entirely accurate answer.

Continue reading "Officers Must Have Facts Demonstrating a Sufficient Connection Between the Suspect and the Drugs to Find Possession" »

Being arrested can be one of the most frightening and stressful experiences an individual can go through. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long lasting. However, under certain circumstances, the California Penal Code allows for all records of an arrest to be sealed and destroyed through a Petition for Factual Innocence.

California Penal Code Section 851.8 provides for a Petition for Factual Innocence (PFI). A judge who grants a PFI will order that all arrest and prosecution records to be sealed. Once the records are sealed, the seal will last for three years from the date of the arrest, at which time all records are destroyed. The destruction of records includes the PFI itself along with arrest records.

Whether a Petition for Factual Innocence is granted varies depending on a number of issues. Further, a petition must conform to certain statutorily mandated time restrictions. Hiring a criminal defense attorney in California is the most reliable way to ensure all procedures are handled correctly.

Continue reading "California Law Allows All Arrest and Prosecution Records Sealed and Destroyed When a Petition for Factual Innocence is Granted" »

Located in Orange County, Huntington Beach, California is known for its picturesque beaches and preserved wetlands. With a population of just about 190,000 as of the 2000 United States census, Huntington Beach is 31.6 square miles in size. Commonly referred to as Surf City, Huntington Beach hosts a variety of surfing events each year, consequently drawing even larger crowds to it’s already much visited beaches.

Huntington Beach is very much a tourist town, although the local economy does rely on the oil industry as well. With countless tourists enjoying everything that Huntington Beach has to offer, it is not far-fetched that driving while under the influence may pose a problem in the city. According to the California Department of Motor Vehicles, there were 6,264 felony DUI arrests and 197,602 misdemeanor DUI arrests across the state of California in 2007. In the event that a person is charged with driving under the influence, it is important to know that there are skilled DUI attorneys in the Huntington Beach area that can examine one’s charges and work towards providing the best defense possible.

Crimes rates in Huntington Beach are just about half those of the national average. Nevertheless, criminal defense attorneys are a necessity in any California city. Experienced Huntington Beach criminal defense attorneys can assist in a variety of case-types, particularly those centering-around driving under the influence.

Continue reading "Huntington Beach Criminal Defense and DUI Attorneys" »

What an Experienced Criminal Defense Attorney Can Do For You

There are numerous widely accepted sources of probable cause to arrest. Some of those include:

1. Crime in the Officer's Presence: an officer can always arrest a person for a crime committed in the officer's presence, no matter how minor the crime. Atwater v. City of Lago Vista, 532 U.S. 318 (2001);
2. Arrest Warrant: with an arrest warrant, the judge has already determined that there is probable cause for an arrest;
3. Informants: the officer must have a basis for the truthfulness of the informant's statement. Illinois v. Gates U.S. 213 (1983);
4. Crime Observed by Another Officer: an officer may rely on information received from a fellow officer in determining probable cause to arrest.

Continue reading "Probable Cause to Arrest Does Not Necessarily Ensure a Conviction" »

Why you Need a DUI Attorney

Most DUI arrests in California will trigger two separate and distinct cases: one, a criminal court case, and the other, an administrative matter with the Department of Motor Vehicles. In most DUI arrests the arresting officer will take away your driver’s license and hand you a pink sheet of paper entitled, “Notice of APS Action and Temporary License”.

You must demand a DMV hearing within 10 days from the date of arrest. Drivers who fail to request a DMV hearing with 10-days of their arrest will face an automatic suspension after the initial 30 days.

The length of a DMV suspension will depend upon how many prior convictions a driver may have, and irrespective of a driver’s alleged blood alcohol level. DMV hearings invovle complicated legal matters and you should retain the services of a law firm experienced in handling DMV hearings if your driving privilege is important to you.

Continue reading "Every DUI in California Will Trigger Two Separate and Distinct Cases " »

Comments from a Wallin & Klarich Criminal Defense Attorney

There are several grounds that give law enforcement authority to arrest for a misdemeanor offense. Both statute and common law give authority to arrest for a misdemeanor committed in the officer's presence.

Some of the ground for misdemeanor arrests include:

• crime committed in officer's presence


• crime committed within the officer's jurisdiction


• fresh pursuit of a misdemeanor suspect

Continue reading "Several Grounds Give Law Enforcement Authority to Make a Misdemeanor Arrest" »

In a previous article, we provided some of the most common failure to yield traffic violations that drivers make the mistake of committing. Everyone knows that speeding or running a red light or stop sign can result in being pulled over and being given a traffic ticket for a momentary lapse in judgment. What too many drivers are not aware of, however, is that there are hundreds of California Vehicle Codes that you can violate, some of which do not require you to be driving at all. Here we finish with the remaining common violations.

VC 21802 and VC 21803 – Stop and Yield Signs
Even if you have come to a complete stop, you must still yield to oncoming traffic if, upon entering the intersection, you constitute an “immediate hazard” to any other vehicle. However, this traffic ticket can be challenged by numerous methods, such as obstructions that made you unable to see oncoming traffic, or if the other driver was driving at an unsafe speed.

VC 21950(a) – Pedestrian in a Crosswalk
You must yield to pedestrians at both marked and unmarked crosswalks, even after coming to a complete stop. An unmarked crosswalk is the prolongation of sidewalk boundaries where any two streets meet at right angles. You do not have to wait until the pedestrian has exited the crosswalk, it is only required that any pedestrians are out of the way. This is a different rule than in some states, and police officers can sometimes mistakenly cite you incorrectly. If that is the case, it is important to have an attorney with you to challenge this sort of ticket.

Continue reading "Know the Rules of the Road: Failure to Yield Tickets Part II" »

Being sighted for one of the many traffic violations in California associated with failing to yield can end up costing you hundreds of dollars in fines, a suspension of your license, and even a raise in car insurance premiums. To help prevent having to deal with these consequences, here are a few of the most common failure to yield violations to become familiar with.

VC 21451 & VC 21453 – Right of Way in Intersections
If another vehicle is in the intersection before you, you must give them the right of way, even if your light is green, you have already come to a complete stop at a stop sign, or before making a right turn on a red light. You do not have to wait until the intersection is completely cleared before entering, but you must not deliberately crowd other vehicles. Whether you are a crowding another vehicle is a subjective interpretation by the citing officer. This kind of subjectivity can be brought into question in court, and an experienced attorney can often create the reasonable doubt necessary for a finding of not guilty. NOTE: VC 21453, dealing with failure to yield at a red light, is a particularly harsh offense with a base fine of $100, which, with penalty assessments and various court fees, will cost you over $400 for a conviction.

VC 21800 – Uncontrolled Four Way Stops
Remember driver’s ed? If you and one or more vehicles get to a four way stop at the same time, the vehicle to your right has the right of way. However, if any vehicle came to a complete stop first, then that vehicle has the right of way. This violation is often cited when an officer comes to the scene of an accident which they did not see. If this is the case, it is important to remember to never admit to the officer that the other vehicle was there first or that you were at fault. Your admissions can and will be used against you in court.

Continue reading "Know the Rules of the Road: Failure to Yield Tickets Part I" »

Housing a population of 207,303 as of January 1, 2009, Glendale, California is the third largest city in Los Angeles County. Spanning 30.7 square miles, Glendale has an estimated population density of 6,770.6 people per square mile. Glendale is home to entertainment giants such as The Walt Disney Company and Dreamworks SKG, and multinational companies such as Nestlé. Glendale also enjoys an assortment of retail shopping establishments, most recently the new shopping center known as the Americana at Brand.

Located in relative close proximity to nightlife areas, such as Universal Citywalk, Old Town Pasadena, and the Hollywood area, via freeway, Glendale has its fair share of partygoers and nightlife points of interest of its own. When individuals are arrested for driving under the influence in Glendale, it is important to seek the assistance of experienced Glendale DUI attorneys who will be prepared to work towards the best possible outcome in your case.

Driving under the influence can have significant repercussions. In the event that property is damaged or a person is injured, charges filed against a drunk driver become much more serious and result in extended jail sentences on top of hefty fines. A Glendale criminal defense attorney will have to examine the details of your case to ensure that the best possible defense is mounted in your case.

Continue reading "Glendale Criminal Defense and DUI Attorneys" »

A recent report in the Los Angeles Daily Journal indicates that in the last few months several suspected illegal immigrants were arrested inside downtown Los Angeles immigration courts while they waited for their court hearings to begin. One local Immigration attorney stated that these arrests are “shocking”. One of the attorney’s clients was arrested by Immigration Officers when he came to court to appear at his court hearing. Two other immigration lawyers said the same thing had happened to their clients.

While the clients were waiting in court, Immigration Officers signaled them to come outside where they were arrested.

A recently retired Immigration judge called the arrests acts of arrogance on the part of ICE law enforcement.

He was quoted as saying:

“For ICE to just unilaterally say to someone, ‘You had your day in court. We are sending you home. We don’t care and the court doesn’t have jurisdiction’..seems a bit arrogant.”

Continue reading "Immigration Officers Arresting Suspected Illegal Aliens in Los Angeles Immigration Courtrooms" »

Senior partner Paul J. Wallin was selected as one of the top criminal defense attorneys in Orange County by OC METRO magazine in their August, 2009 publication after conducting a "comprehensive look at the men and women who are shaping and leading the important and vibrant law industry in Orange County."

It is truly rewarding when respected magazines like OC Metro reach the conclusion that senior partner Paul J. Wallin is among the top criminal defense attorneys in Orange County. OC Metro Magazine in their article stated that "finding the right attorney for your needs, however, can be tricky, or even downright intimidating." OC METRO magazine distributes its publications to business readers throughout Orange County.

Continue reading "Paul Wallin Selected as One of Orange County's Top Defense Attorneys " »

Tips from a Criminal Defense Attorney

It’s a question that you may ask yourself after hearing about men being arrested for having sexual relationships with underage girls that they met online.

In one case, a man in his 50s portrayed himself as being in his early 20s, met a 14 year old girl online and began having an online relationship with her. The girl would perform live sex acts on video for him and he later had sex with the girl. In another case, a man in his 40s met a 16 year old girl online and began an online relationship with her, and eventually set up a meeting to have sex with her. However, when he showed up for the meeting, he was greeted by an undercover cop and later learned that the undercover cop had posed as the 16 year old girl.

With networking websites such as Myspace, Facebook, Craigslist, and the latest Twitter, cases such as the two mentioned above, are becoming more and more common.

The best advice is of course to be sure you know exactly who you’re speaking to online. However, if you find yourself in a situation such as the two mentioned above, or any other situation that involves an underage girl or boy, you can be charged with a sex crime and if convicted, be required to register as a sex offender for the rest of your life. And your photo will be posted on the Megan’s Law website which will allow anyone looking on that website to know your exact whereabouts and to also know the exact sex crimes you were convicted of.

Continue reading "Do I Really Know Who I am Talking to Online? " »

The southern San Diego County city of Chula Vista, California boasts a population of 217,478. The second largest city in San Diego County according to population, Chula Vista is 51.2 square miles size. With over 20% population growth since the year 2000, and its close proximity to the California coast, Chula Vista welcomes more and more people every year either as new permanent residents or tourists.

Chula Vista’s economy is dependent on the same areas of commerce that nearly all cities in San Diego County rely on: defense spending by the United States government and the tourism sector. Tourism in particular brings with it a large number of tourists, who in turn bring with them a large number of automobiles. Consequently, overzealous vacationers may be suspected of and even arrested for driving while under the influence of alcohol, creating an immediate need for skilled Chula Vista DUI attorneys in the area.

In the event that reckless behavior results in property damage or bodily harm to another person, it is necessary to employ the services of an experienced Chula Vista criminal defense attorney that has experience in handling cases involving driving under the influence. In 2007, according to the California Department of Motor Vehicles, DUI arrests totaled 203,866, and 197,602 of those resulted in misdemeanor DUI arrests. In any event, driving while under the influence is a problem that afflicts a large number of people in the city of Chula Vista.

Continue reading "Chula Vista Criminal Defense and DUI Attorneys" »

Tips From a DUI Attorney

Miranda warnings are intended to prevent overreaching by law enforcement in situations that are deemed inherently coercive. This specifically applies to those law enforcement encounters in which there is a “custodial interrogation.”

An encounter will be deemed a custodial interrogation where:

1. defendant is not free to leave or terminate the encounter, and


2. law enforcement is directly questioning the defendant in a manner designed to elicit incriminating information.

Unfortunately for DUI defendants, the California courts are in agreement that Miranda does not apply to questions asked of DUI suspects in a typical California DUI arrest scenario. The courts have ruled that questions asked of DUI suspects in a DUI case are asked before the defendant is in custody for Miranda purposes. Thus, an arresting officer’s failure to give Miranda warnings will not normally result in the case being dismissed.

Continue reading "Why an Arresting Officer Failing to Give Miranda Warnings Will Not Result in a DUI Case Being Dismissed" »

Why You Should Call a Juvenile Defense Attorney

The recent case of Superior Court v. Nguyen held that a juvenile adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California’s Three Strike Laws will count as a strike if that juvenile offender commits another felony. In a 6-1 Supreme Court decision, Nguyen allows prosecutors to allege a prior juvenile strike for purposes of increasing the punishment on any new felony committed as an adult. It is crucial that your criminal defense attorney know and understand this important case.

Wallin & Klarich have been representing juvenile offenders for over 28 years. If you or a loved one is charged with a serious crime in juvenile court it is more important then ever to seek competent legal counsel that understands the implications of a juvenile being charged with a serious felony.

Call the experienced California juvenile criminal defense lawyers at Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about what can be done.

Tips From a DMV Attorney

Many people arrested for a DUI do not demand a DMV hearing in California within the required time limit and the result is that their driver’s license is suspended. Some people think that you have a choice between having a DMV hearing and having a Court hearing. In fact, you have both. You MUST request a DMV hearing within 10 days of arrest or your California Drivers license will be suspended.

The DMV has what is called the "burden" at the hearing. They must prove by a preponderance of the evidence that the answer to three specific questions is, “Yes.” The DMV Hearing Officer will attempt to enter the sworn statement of the arresting officer and other evidentiary documents into the record at the DMV hearing.

A fundamental step by a DUI/DMV defense attorney is to attempt to prevent the driver's license suspension by making formal legal objections to these documents from being admitted into evidence at the hearing. Many of these documents may be deemed to be legally inadmissible at your hearing if proper objections are raised. Having a lawyer at your side fighting to try to save your driving privilege is a very wise investment.

Continue reading "What You Might NOT Know About DMV Hearings" »

Insight from a Criminal Defense Lawyer

An officer can generally arrest without a warrant for a felony in California not committed in the officer's presence. However, there must also be probable cause to believe that the felony was committed and that the suspect committed it, and the arrest must be in a public place. Maryland v. Pringle, 540 U.S. 366 (2003).

A ‘warrantless” arrest of an individual in a public place for a felony is inconsistent with the Fourth Amendment of the United States Constitution if the arrest is not supported by probable cause.

Continue reading "A Felony Arrest Will Be Deemed Unconstitutional in Violation of the Fourth Amendment if the Arrest is Not Supported by Probable Cause" »

Trained Perspectives From a Criminal Defense Attorney

The pertextual rule of UNITED STATES v. WHREN (Whren v. United States, 517 U.S. 806, 1996) allows an officer to stop a vehicle any time the officer has reasonable suspicion of a violation, even if the officer has hopes or intentions of finding evidence of a more serious crime.

The WHREN decision did not create an unlimited pretextual rule. An officer may never base a traffic stop or any other detention solely on the race or ethnicity of a person (United States v. Brigononi-Ponce, 422 U.S. 873, 1975). A stop primarily based on the subject’s race, national origin, or ethnicity would violate the Fourteenth Amendment Equal Protection Clause (WHREN).

Understanding the complexities surrounding the validity of a police stop requires great knowledge and experience.

Continue reading "Tension between Pretextual Stops and Profiling Stops " »

With an estimated population of 311,575 in 2008, Riverside, California is the largest city in the Inland Empire region of California, and the 12th largest city statewide. The United States Census Bureau reports that Riverside has a total area of 98.4 square miles, with a population density of 3,267.2 people per square mile. The University of California at Riverside and the Riverside Unified School District employ the largest number of people in the city. Similar to many large cities, Riverside experiences its share of DUI arrests, among other criminal offenses, in which those accused deserve a fair trial and legal counsel from a skilled Riverside criminal defense lawyer.

When charged with DUI in Riverside, most people do not realize just how many consequences they face. First of all, in most cases you will have to go to a DMV Hearing, which must be requested within 10 days of your arrest, to protect your driving privileges so that your license is not suspended. If you fail to request a DMV hearing, your driver’s license will automatically be suspended for four months or longer if this isn’t your first DUI offense. At Wallin & Klarich, our experienced Riverside DUI defense lawyers have been defending the rights of those accused of driving under the influence for many years. We work tirelessly to negotiate a reduced charge so that our clients stay out of jail and can retain their driving privileges to carry on a productive life.

The aggressive and knowledgeable Riverside criminal defense attorneys at Wallin & Klarich are available to assist you with your specific case, whether it’s for driving under the influence of alcohol or drugs, or any other kind of criminal offense. With our 30 years of experience in criminal defense, our attorneys are familiar with local courts, procedures, prosecutors, and judges. Call our Riverside DUI defense lawyers today for a case evaluation at 888-280-6839.

Insight from an Experienced Criminal Defense Attorney

Many people do not realize that if you are arrested, even if the charges are dropped or never filed, the arrest will remain on your record. If you go to trial and receive a not guilty verdict, or have the conviction successfully expunged, the arrest will stay on your record as well. Unfortunately, even if it is clear you did not commit any crime, a background check will still reveal your arrest. In an abysmal economy, this kind of black mark on your record can make an already difficult job search even more so.

However, there is a way to have your arrest record completely destroyed. The California Penal Code provides that any person whose arrest did not result in a conviction may petition for a finding of factual innocence (PFI) under Section 851.8. This is a process by which a petitioner may prove to the court that he or she is actually innocent. A successful PFI can provide something that a jury cannot: an acquittal at trial merely means the person is not guilty beyond a reasonable doubt, but does not prove that the person is in fact innocent. A PFI does exactly that.

The result of a granted PFI is that all arrest and prosecution records are sealed, and then destroyed. In effect, this will completely wipe your record of that arrest clean. The law states that “the arrest will be deemed to have not occurred and the person may answer accordingly any question relating to its occurrence.” Cleaning up your criminal record can be of enormous importance when filling out job applications.

Continue reading "How to Have Your Arrest Record Destroyed" »

In a previous article, we began our discussion regarding Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, which commands that qualified individuals convicted of CA nonviolent drug possession offenses be sentenced to probation and narcotics treatment as an alternative to incarceration. Continued here are some additional valid points of interest for Proposition 36.

Other Ineligibility Factors
Even if the defendant is convicted of a qualifying offense, if he/she has been previously convicted of one or more “strike” priors under Sections 667(b)-(i) and 1170.12, they will be ineligible for Prop 36, unless they have remained free from prison custody for the past five years and have not committed any felony other than a nonviolent drug possession offense nor any misdemeanor involving physical injury or threat of physical injury to another person. Another statutory bar occurs when a person is convicted, in the same proceeding, of any felony or misdemeanor not related to the use of drugs.

The remaining statutory bars occur when the person uses a firearm while possessing or being under the influence of cocaine, heroin, methamphetamine or PCP; people who refuse drug treatment as a condition of a grant of probation and people who have twice previously received treatment under Prop 36 and have been found not to be amenable to any available drug treatment.

Continue reading "The Power of Prop 36: Are you Eligible? Part Two" »

Anaheim, California, with its 348,467 residents, is the tenth largest city in California (based on population). Located in Orange County, Anaheim is 50.5 square miles in size, and is a popular Southern California tourist destination. Anaheim is well known for Disneyland, Disney’s California Adventure, and the Anaheim Convention Center. With flocks of families visiting the theme parks and numerous businesses making use of the convention center on a yearly basis, Anaheim is no stranger to DUI arrests in which those accused of such crimes deserve a fair trial and quality representation from an experienced Anaheim criminal defense attorney.

Anaheim one of the safest cities in the United States with crime rates well below national averages across the board. In general, crime rate numbers in Anaheim are about 50% those of national crime rates. When charged with DUI in Anaheim, most people do not realize just how many consequences they face. First of all, in most cases you will have to go to a DMV Hearing, which must be requested within 10 days of your arrest, to protect your driving privileges so that your license is not suspended. If you fail to request a DMV hearing, your driver’s license will automatically be suspended for four months or longer if this isn’t your first DUI offense. At Wallin & Klarich, our skilled Anaheim DUI defense lawyers have been defending the rights of those accused of driving under the influence for many years. We work tirelessly to negotiate a reduced charge so that our clients stay out of jail and can retain their driving privileges to carry on a productive life.

The aggressive and knowledgeable Anaheim criminal defense attorneys at Wallin & Klarich are available to assist you with your specific case, whether it’s for driving under the influence of alcohol or drugs, or any other kind of criminal offense. With our 30 years of experience in criminal defense, our attorneys are familiar with local courts, procedures, prosecutors, and judges. Call us today for a case evaluation at 888-280-6839.

In this article and one to follow, the Substance Abuse and Crime Prevention Act of 2000, also known as Prop 36, will be discussed. This complex and most interesting proposition requires that eligible people convicted of nonviolent drug possession offenses in California be sentenced to probation and narcotics treatment instead of incarceration.

In a Nutshell
Prop 36 is codified under Penal Code Section 1210. The law provides that a defendant convicted of a “nonviolent drug possession offense” must receive probation instead of incarceration. The court must order that the defendant participate in and complete a drug treatment program at least 12 months in length. If a defendant violates his or her Prop 36 probation, the determination of whether to impose a regular sentence depends on whether the violation is drug-related and whether it is the defendant’s first, second, or third violation. If the defendant successfully completes the treatment program, the court must dismiss the charge.

Eligible Offenses
Nonviolent drug possession offense means the unlawful personal use, possession for personal use or transportation for personal use of nearly all controlled substances, including cocaine, methamphetamine and marijuana. They may be either felonies or misdemeanors.

Continue reading "The Power of Prop 36: Are you Eligible? Part One" »

Perspectives From a Criminal Defense Attorney

In distinguishing between an investigative stop and an arrest, courts consider a variety of factors, including:

(a) display of weapons by officers; (b) presence of numerous officers; (c) physical restraint or touching of the suspect; (d) blocking a suspect's exit route; (e) use of handcuffs or other restraints; (f) tone of voice and authoritative commands; and (g) length and manner of the detention.

Knowing the difference between whether you were stopped for investigation or arrested can be extremely complicated. However, the good news is that you are not alone. The skilled Los Angeles criminal defense lawyers at Wallin and Klarich will be there when you call. Contact our law firm as soon as possible so we can begin to help you. Contact us at 1-888-280-6839, or visit our website, www.wklaw.com for more information.

Are you a minor who was recently cited for drinking alcohol?

If your answer is yes, you are not alone. There are many incidents that involve underage drinkers. It is illegal for anyone under the age of 21 to have any alcohol in their system. Maximum penalties can include License suspension for one year, fines, and could possibly affect school and employment.

One thing is for sure, you are not alone. Here at Wallin and Klarich we have helped many clients who have been cited for minor in possession\. Finding the best solution starts with the best experience. Don’t let this affect your life just as you are starting out. If you would like to set up an appointment with one of our California juvenile criminal defense attorneys, just call 1-888-280-6839, or visit our website, www.wklaw.com for more information.