Southern California Defense Blog

It was recently reported that nine youths have been charged in relation to the suicide of a 15-year-old girl in Massachusetts. Phoebe Prince, who had recently moved to South Hadley, Massachusetts from Ireland, hung herself after being raped and bullied by classmates since the start of the school year in September 2009. Prince committed suicide on January 14th. Initially thought to be a case of cyber bullying, it is believed Prince was bullied on and off the campus of her high school in the presence of teachers and fellow students.

Six teenagers, four girls and two boys, face charges of statutory rape, assault, violation of civil rights resulting in injury, criminal harassment, disturbance of a school assembly, and stalking. Three younger girls are facing delinquency charges. Three of the nine teenagers, who are 17-years-old or older, will be tried as adults.

Complicating matters, the parents of two of the teenagers have spoken to the media, insisting on the innocence of their children, stating the school bullying was nothing more than the exchanging of “a couple words.” It is recommended that the accused retain an attorney immediately after charges are filed and have any statements made through the attorney.

All of the charges the teenagers are facing are very serious. Statutory rape, assault, harassment, creating a disturbance, and stalking carry serious consequences in California. Out of all the charges, California statutory rape is the most serious. California "statutory rape," defined under Penal Code Section 261.5, takes place when any person engages in sexual intercourse with a person under the age of 18 (commonly referred to as unlawful sex with a minor). Statutory rape can be charged as a misdemeanor or a felony. As a misdemeanor, statutory rape can result in up to a year in jail with fines and probation. As a felony, it can result in four years in state prison with fines and probation.

Continue reading "Nine Charged after Bullying of Teenage Student Phoebe Prince Ends in Suicide" »

As a major part of the bustling area of San Bernardino County, the city of Ontario is home to approximately 171,691 individuals, as of 2000 estimates. As the main center for freight and passengers, several major freeways pass through Ontario which also has a small international airport. As a very cultural and prosperous city, Ontario also has its own ECHL hockey team, the Ontario Reign. In being such a densely populated area that receives several visitors throughout the year, arrests are made from time to time for assault or battery in which those who are accused may want to seek legal counsel and representation from an experienced Ontario criminal defense lawyer.

Contrary to what many Californians believe, a person can be arrested for an assault offense under California Penal Code Section 240 if he or she is suspected of having intended to commit battery, physical violence, or willful use of force on another individual. No actual physical contact needs to take place in order for a person to be arrested for assault in Ontario. On the other hand, California Penal Code Section 242 states that battery may be interpreted as any physical contact that takes place outside of another individual’s consent. It is in such instances that a skilled Ontario assault and battery defense attorney can be contacted to help defend the rights of an arrested individual.

The Southern California criminal defense law firm of Wallin & Klarich has been assisting those accused of many different kinds of criminal offenses for more than 30 years. We will thoroughly investigate your case to determine whether valid and effective defenses to your assault or battery charges are applicable. Some of these defenses could relate to defense of another, self-defense, inability to actually carry out assault or battery, lack of requisite intent to commit battery, consent on the part of the victim, and intoxication. Call Wallin & Klarich’s aggressive defense lawyers today at 888-280-6839 or visit www.wklaw.com for more information.

It was recently reported that a Pasadena couple was charged with torture and murder in the child death of their 2-year-old son, who was found dead in the family home. Maria Pelaez, 30, and Gabriel Diaz, 33, reportedly admitted to police that they taped the limbs of 2-year-old Rene Torres to restrain and punish him. Torres died from asphyxiation. It is alleged the toddler’s death was due to his mouth being taped shut.

Pelaez is arguing that Diaz was responsible for her son’s death, as she was not aware of what Diaz did to her son the night he died. Pelaez maintains she was nothing but a loving, doting mother and it would be absolutely, completely out of character to harm her child.

Murder in California is defined in California Penal Code Section 187. Murder is committed when someone commits an act that caused the death of another person with malice aforethought. Malice aforethought is a state of mind. It requires knowledge that through an action or omission, the result will be someone’s death. Malice can be expressed or implied. It is expressed when someone shows a deliberate intention to kill someone. It can be implied when there is no considerable provocation or when the circumstances show an abandoned or malignant heart. A conviction for murder can result in life in prison.

Continue reading "Pasadena Couple Suspected in Murder and Torture in Infant Death Of 2-Year-Old Son - California Penal Code Section 187 and Section 206" »

A panel of veteran deputy officers has recommended that officers take a more conservative approach when dealing with armed suspects. This recommendation comes as a response to an increase in police shootings in Los Angeles County. Los Angeles County Sheriff Lee Baca stated that the report, “Split second decision: The dynamics of the chase in today’s society,” outlines eight scenarios, in which deputy caution and the increase use of calling for back up is heavily emphasized.

These guidelines are said to be implemented immediately into the training of the Los Angeles County deputies with the goal that they will deter deputies from using gun force. A large amount of the incidents that have resulted in gunfights have taken place during the pursuit of a suspect, as deputies often run into dangerous situations instead of calling for assistance. Although California law allows for officers to shoot fleeing suspects, additional restrictions are usually placed by police departments.

Wallin & Klarich will continue to monitor this new development in deputy training. If you have any questions or concerns on this matter or any other criminal matter, please call Wallin & Klarich today! Our Los Angeles criminal defense attorneys have over 30 years of experience in Southern California handling all types of criminal matters. Our attorneys are highly knowledgeable and will use that to give you the representation you deserve. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

A Lifetime Revocation of Driving Privileges and How an Experienced Southern California Criminal Defense Attorney Can Help You Retain This Privilege - California Penal Code 245

The punishments associated with being convicted with a crime can lead to prison time, fines, probation, rehabilitation programs, and the loss of certain privileges. For many people, the most significant potential privilege to be lost is their driving privilege. Under California law, the Department of Motor Vehicles (DMV) will issue a revocation of driving privileges to a person convicted of California assault with a deadly weapon when a vehicle is used as the deadly weapon or instrument in that offense. The law holds that a felony conviction will result in a lifetime revocation of the driving privileges of the person convicted.

California Penal Code section 245 states any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury is guilty of assault with a deadly weapon.” As of 2009, the law states that if the deadly weapon used to commit the assault is a motor vehicle, the California Department of Motor Vehicles “shall not reinstate a privilege revoked under any circumstances. As such, the individual convicted of the crime will face a lifetime revocation of driving privileges.”

Continue reading "Potential Sentence for Conviction for Assault with a Deadly Weapon" »

The California Supreme Court has overruled a 35-year-old court precedent that allowed defendants in criminal trials to assert nonmutual collateral estoppel. (People v. Sparks, Feb. 8, 2010, No. S164614.) The high court ruled that a verdict regarding one defendant has no effect on the trial of a different defendant because courts should determine the propriety of a prosecution based on that prosecution's own record, not a different record from another criminal case.

In Sparks, the defendant was charged with two felony murders. Before his case came to trial, two other persons were tried for the same murders. One was convicted of voluntary manslaughter, and the other was acquitted. Applying the doctrine of nonmutual collateral estoppel, the trial court determined that those two earlier verdicts did not allow the prosecution to try the defendant for a crime greater than voluntary manslaughter.

The Supreme Court disagreed and effectively overruled its previous decision authorizing the use of collateral estoppel in criminal cases. Nonmutual collateral estoppel provided a defendant with the benefit of a favorable verdict in a previously tried case stemming from the same facts of the defendant’s case, but involving a different person.

Continue reading "Nonmutual Collateral Estoppel Does Not Apply to Verdicts in Criminal Cases" »

According to a report by KTLA, Shaun Rothwell, 30, Shane Dearth, 29, and Thomas Nichols, 30, all of Los Angeles, were arrested in Torrance, California. The three were taken into custody after a marijuana hydroponics farm was found by police in a building located on the 17100 block of Figueroa Street in Gardena. Rothwell, Dearth, and Nichols were each charged with “marijuana cultivation, possession of marijuana for sale and theft of electricity” according to the story. The police recovered over 300 marijuana plants and 15 pounds of marijuana ready for sale.

Drug charges like the ones about can lead to serious penalties if a person is found guilty. These types of drug charges will be felonies due to the volume of drugs found and the intent to sell the drugs. A conviction can be punishable by up to 3 years in state prison.

Continue reading "Drug Charges - California Health and Safety Code 11358" »

This is the second part of a two part article explaining how bail works in California. The bail process can be intimidating because your loved one is in jail and you may not know what to do or who to turn to for proper advice. There are also several bail bond companies which can make things more confusing. This article will explain the different types of bail bonds available, and how obtaining an attorney is the first thing you should do when someone is arrested. We will now explain the three types of ways bail can be posted in California to have a loved one released from custody.

CASH BAIL

Cash bail is the easiest way to post bail. However, most people cannot afford this option. If the bail is $50,000, you can go to the local jail with $50,000 in cash or by way of cashiers check made payable to the local county, and you will be given a receipt for the funds. This cash bail will likely remain posted with the court throughout the pendency of the case. Some criminal cases can remain active for more than one year. During that time your cash is “tied up” and held by the county. If your love one fails to appear or the bail is forfeited for any reason, you can lose your $50,000. Of course you also lose any “interest” that you could be earning on the $50,000 if it was invested.

BAIL BONDSMAN

This is the most common way of posting bail. This example is based upon bail being set at $50.000. If you contact a bail bond agent directly (without first hiring a lawyer) you will pay the bondsman a statutory fee of 10% (in this example $5,000). This fee of $5,000 that you pay to the bondsman is his “fee for taking the risk” that if the accused fails to show up, then his bail bond company (or insurance company he works for) will pay the $50,000 to the court. You never get back this $5,000 fee to the bondsman, even if the accused shows up at all court hearings. In addition to the $5,000, most bail bondsman will require “collateral” from you, such as a deed to your home, or “pink slip” to your car or other property that will stand to lose if the accused fails to show up in court when required to do so. If your loved one fails to appear in court, the court will come after the bail bond company for the $50,000. The bail bonds company can then come after you for the $50,000 and can keep the property they are holding as collateral.

If you first retain a lawyer before obtaining a bail bond agent, the attorney can refer you to a reputable and experienced bondsman who will charge you only 8% vs. 10% as his fee. This is called an “attorney referred bond” and in the example above saves you $1,000 in California bail bond fees. In addition, there are many bail bond companies that do not have a very good reputation. Our law firm works with extremely skilled and qualified bail bond agents who we have known for decades and who will provide you prompt and efficient service if a bail bond is needed.

PROPERTY BOND

This is a way to post bail that is used very rarely. If a property bond is posted then you do not pay any bail bond fees because you post directly with the court the deed to your real property. The way this works, is if the bail is $50,000, you have to have a recent appraisal of your property that verifies that the equity in your property is worth at least two times the bail amount (so in this example, your property must be worth at least $100,000). The court will then have to “approve” the property bond. If the court does, then you post the property bond with the court and you do not have to pay a bondsman. However, you will have to pay an additional fee to your lawyer for putting this paperwork together. This option can save you money, but it also can take as long as two weeks to put all the paperwork together to get this accomplished. If you have questions about this and you or a loved one does have substantial equity in real property in California, this may be an option to discuss with your Los Angeles criminal defense law firm.

Continue reading "Someone I Love is in Jail: How Can I Bail Them Out of Jail? - Part 2 of 2" »

There are 3 ways in which to “post bail” in California for someone who is in jail. This article is designed to explain these options to you and provide you with how “bail works” so you can make an informed decision on making bail and helping to get a loved one out of jail as soon as possible.

In every county in California, the judges must, by law, prepare a “bail schedule” for every crime that exists in California. This bail schedule determines what the initial bail amount will be in every case. When a person is arrested by law enforcement (when the person is not arrested on a warrant) the police officer determines what crimes he or she “believes” the accused will be prosecuted for. Then he lists the crimes that the accused is being charged with and the original bail amount is set based upon the bail schedule for that crime.

A person is legally entitled for a bail amount to be set in almost every type of case in California. There are a few exceptions. If the crime is one for which the accused could face the death penalty, then no bail is permitted. There are few other exceptions. In some cases, the accused may be on felony probation and he is arrested for a felony probation violation. If this occurs, many counties in California require the accused to be placed on a “no bail hold”, meaning he cannot post bail until he appears before a judge.

The amount of bail that is originally set when a person is arrested will depend on the number of criminal charges, and whether the police officer recommends filing the case as a felony vs. a misdemeanor. Bail can range from as low as $500.00 for some minor misdemeanors to as high as $1,000,000 or more. It is important to contact a San Diego criminal defense law firm as soon as you hear that a loved one has been arrested before you make any decision on whether to post bail and if so in which manner to do so.

Why should I contact a criminal defense lawyer before doing anything else?

1. A criminal defense attorney can quickly determine how much it would cost to make bail in your loved one’s case.


2. A criminal defense attorney can explain to you all of your different options as to posting bail.


3. In some cases, a criminal defense attorney can speak to a “detention release officer” and attempt to have the bail lowered or have the accused released without the need to post bail (called release upon his own recognizance). This can save you thousands of dollars.

Continue reading "Someone I Love is in Jail: How Can I Bail Them Out of Jail? - Part 1 of 2" »

In 1990, U.S. District Judge Lawrence Irving resigned from his San Diego Bench to protest Congress’ decision to pass mandatory minimum sentencing guidelines that removed judges’ discretion to impose sentences. Irving considered his position to be his “dream job,” but found the federal mandatory sentencing guidelines “unconscionable.”

The case behind his decision to resign stemmed from an enormous drug cartel prosecution in which he deemed many of the 98 defendants to be young and only peripherally involved in the conspiracy. However, new federal guidelines would have mandated five-year prison sentences for all of the defendants. Irving did not think the mandatory federal guidelines were a fair way to determine sentencing, especially considering the different circumstances associated with every defendant in each case. His resignation ignited a series of resignations by other judges around the country who had similar concerns.

Continue reading "Former U.S. District Judge Resigned From San Diego Bench to Protest Federal Mandatory Minimum Sentencing Guidelines - How an Experienced Southern California Criminal Defense Firm Can Help You" »

Located in Orange County, Irvine is a highly recognized city and is home to an estimated 207,500 individuals. Irvine draws numerous visitors and new residents throughout the year due to being a friendly community that is close to beaches like Laguna and Newport. CNNMoney.com even named Irvine the fourth best place to live in the United States for its quality of schools, housing, and job opportunities. In any case, similar to other busy cities, arrests for assault and battery occur from time to time in Irvine, leaving those accused in search of a skilled Irvine assault defense attorney.

It may surprise many people that there does not need to be any physical contact in order for someone to be arrested for an assault crime. According to California Penal Code Section 240, a person only has to have intended to commit battery, physical violence or willful force on another individual to be charged with assault. On the other hand, under California Penal Code Section 242, a person may be arrested for battery if he or she acts on physical contact that takes place beyond another person’s consent. Anyone who is charged with either an assault or battery crime would be well advised to make sure that they understand their legal rights and options for defense to the full extent.

The aggressive and experienced Irvine criminal defense lawyers at Wallin & Klarich have successfully defended several individuals accused of assault and battery offenses. We understand the ins and outs of these often complex cases. Our knowledgeable legal team will investigate possible defenses to your assault or battery charge, such as defense of another, self-defense, inability to carry out assault or battery, intoxication, lack of requisite intent to commit battery, and consent of the alleged victim. To learn more about how Wallin & Klarich can help you, please call 888-280-6839 or visit www.wklaw.com today.

Have you been accused of domestic violence? Is it alleged that you caused injury to your current or former spouse or cohabitant? If so, you need an experienced advocate by your side, starting now. Police officers are trained to arrest the "primary aggressor" when responding to a domestic dispute. In making such a critical determination, several relevant inquiries arise.

First, who is the 911 reporting party? Who in the relationship poses the most danger to the other? Who has motive to lie or retaliate? Is either party under the influence of alcohol or drugs? As you can see, these questions do not lend themselves to an officer's snap-judgment. As such, you must seek legal counsel in an effort to provide clarity on the real and true facts and circumstances of the incident.

An experienced California domestic violence attorney understands the factors relevant to making a "primary aggressor" determination. These factors go well beyond an immediate determination and arrest based solely on relative sex, height, or weight of each party.

Continue reading "Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 3 of 3 - California Penal Code 13701" »

In identifying the "primary aggressor" of a domestic violence dispute, law enforcement will consider the intent of the law to protect victims of domestic abuse from continuing abuse, any threats giving rise to fear of physical injury, the history of domestic violence between the parties involved, and whether either part was acting in self-defense.

If you have been accused of causing injury to a spouse, former spouse, or cohabitant, you will need an experienced criminal defense attorney to review the surrounding facts and circumstances. Certain injuries can be classified as defensive injuries. In addition, the following must be analyzed: The seriousness of injury alleged; the motive to lie, use of alcohol and/or drugs, and more. It is important to memorialize the incident by writing a detailed statement of facts - this will be reviewed by your Southern California defense attorney.

Continue reading "Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 2 of 3 - California Penal Code 13701" »

As one of Southern California’s largest cities, San Bernardino has an estimated population of 205,010 within its stretch of 78.5 square miles. Located in California’s Inland Empire, San Bernardino is the 18th biggest city based on population within the state. San Bernardino rests at the bottom of the San Bernardino Mountains and attracts a variety of visitors throughout the year. Similar to other busy and densely populated areas, arrests are made from time to time for assault and battery offenses in San Bernardino. When such incidents take place, arrested individuals may want to contact an experienced San Bernardino assault attorney.

Arrests for assault take place more often than many residents or visitors of San Bernardino may realize. The main reason for this is that there does not need to be any physical contact for an individual to be charged with assault. California Penal Code Section 240 states that an assault crime may take place if a person displays intention to commit battery, physical violence, or willful use of force on another person. Under California Penal Code Section 242, a person may be charged with battery if he or she makes any unwanted physical contact outside of another individual’s consent. Nevertheless, a skilled criminal defense attorney should be contacted to help an accused fully comprehend their legal rights and options for defense.

At Wallin & Klarich, our aggressive and knowledgeable San Bernardino assault and battery defense lawyers have been assisting people accused of a broad range of crimes for over 30 years. We will thoroughly investigate the charges against you and the legality of your arrest to ensure that your rights have not been violated. Our legal team is highly familiar with the several potential defenses to an assault and battery charge, some of which relate to the inability to actually carry out assault or battery, defense of another, lack of requisite intent to commit battery, self-defense, intoxication, and consent on the part of the alleged victim. Call Wallin & Klarich today or visit www.wklaw.com for more information and to learn more about how we can help defend your rights.

Police officers and prosecutors alike receive training for identifying the primary aggressor in the context of a domestic violence dispute. When being charged with any type of domestic violence in California, it is critical that you immediately contact a criminal defense attorney versed in handling all domestic violence cases. You will need an advocate on your side to assist in painting a more accurate portrait of the incident in question.

California Penal Code section 13701 is instructive in identifying the "primary aggressor." California Penal Code section 13701(b) provides that written policies should encourage the arrest of domestic violence offenders if there is probable cause to believe that an offense has been committed. It is important to understand that such policies discourage, but do not prohibit, dual arrests. As such, law enforcement officers are encouraged to identify the primary aggressor in any domestic violence dispute or incident.

Continue reading "Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 1 of 3 - California Penal Code 13701" »

If you have been convicted of a sex crime and are currently registering as a sex offender, you may be entitled to exclusion from sex registration. In the recent case of People vs. Taravella, it was decided that if you were convicted of oral copulation with a minor (14 or 15 years old), you may have a remedy to stop registration.

If you are currently registering as a sex offender, you owe it to youself to do all you can to relieve yourself from the obligation of sex registration. This would effectively get you off the internet under Megan’s Law as well as delete your name from the list of sex offenders.

Continue reading "How Can I Stop Registering as a Sex Offender? California Penal Code 290" »

Under California law, a person is recognized to have “possession” of a tangible object when they have personal charge or control of, or exercise the right of ownership or management over the tangible object.

It is important to understand that possession of a controlled substance in California may be actual or constructive. Constructive possession is not as straightforward as actual possession, but constitutes possession nonetheless.

"Constructive possession" can apply in situations where the controlled substance is not found on the defendant's person (pockets, jacket, etc). Although there is no actual possession, constructive possession can occur if actual possession of the controlled substance can be inferred from the surrounding circumstances.

Continue reading "What Can Constitute "Possession" for the Purposes of Possession of a Controlled Substance? Health and Safety Code Sections 11350 & 11377" »

In California, it is a crime to send harmful material to a minor in an attempt to seduce that minor. A minor in California is anyone who is under the age of 18. California Penal Code Section 288.2(a) provides that every person who, with knowledge that a person is a
minor, knowingly sends any harmful matter to a minor with the intent of seducing the minor is guilty of a public offense. Section 288.2(b) makes it a California lewd acts with a minor crime to distribute harmful material over the internet or other forms of electronic media.

To prove that the defendant is guilty of sending harmful material to seduce a minor, the prosecution must prove that:

1. The defendant showed, sent, caused to be sent, distributed, or offered to show or distribute harmful material to a minor [by electronic mail, the Internet, or a commercial online service];


2. When the defendant acted, (he/she) knew the character of the material;


3. When the defendant acted, (he/she) (knew the other person was a minor or failed to use reasonable care to determine the minor’s actual age;


4. When the defendant acted, (he/she) intended to sexually arouse, appeal to, or gratify the lust, passions, or sexual desires of (himself/herself) or of the minor;

AND

5. When the defendant acted, (he/she) intended to seduce the minor;

AND

6. When the defendant acted, (he/she) intended to show or distribute the material to the minor.

Continue reading "What Does the Prosecution have to Prove in Order to Convict a Defendant of Showing or Sending Harmful Material to Seduce a Minor in Violation of California Penal Code Section 288.2(a) and (b)?" »

Having been convicted in the past of a crime can be very difficult to overcome. Having a criminal record can make if difficult to get a job. It is a burden that no one wants to carry around. With the help of an attorney, you may be able to clean your record in Southern California.

There is a process called an expungement to modify your prior convictions. An expungement is a legal process that petitions the court to review the conviction, set aside the conviction and dismiss the case. Before submitting the expungement, you must take into account that the following has been satisfied by the court:

• You have completed the term of probation on your conviction.


• All fines and restitutions have been paid.


• All court programs have been completed.


• No new convictions are pending.

Continue reading "What is an Expungement? California Penal Code 1203.4" »

Located in Orange County, California, the city of Huntington Beach is most recognized for its scenic beaches and conserved wetlands. Often referred to as “Surf City,” Huntington Beach’s approximate population amounts to 190,000 within a span of 31.6 miles. Huntington Beach attracts a diverse crowd of visitors within its already densely populated area, mostly due to the many surfing events hosted throughout the year. Similar to other busy cities, arrests are sometimes made for assault or battery in Huntington Beach in which the services of a criminal defense attorney will most likely be needed.

Arrests for assault happen more often than most residents of Huntington Beach probably realize. This is mainly because physical contact is not necessary for an individual to be arrested for an assault offense. According to California Penal Code Section 240, assault requires the defendant to have intended to commit battery, physical violence, or willful use of force on another individual. Under California Penal Code Section 242, any physical contact that takes place beyond the consent of another person may be perceived as battery. Being charged with an assault or battery crime can often be an overwhelming experience; however, knowing your legal rights and options for defense is extremely important. An experienced Huntington Beach assault defense attorney can help inform you of your rights, conduct a thorough investigation into the charges against you, and build a strong defense on your behalf.

At Wallin & Klarich, our skilled and aggressive Huntington Beach criminal defense lawyers have been assisting those accused of battery, assault, and a wide range of other crimes for more than 30 years. We will determine whether your assault or battery charge can be defended through self-defense, defense of another, incapability to establish assault or perform battery, intoxication, lack of necessary intent to commit battery, and consent on the part of the individual claiming to have been attacked or threatened. To learn more about how the qualified legal team at Wallin & Klarich can help you with your case, call 888-280-6839 today or visit www.wklaw.com.

How an Experienced Southern California Drug Defense Attorney Can Help You

If the police detain you for any reason and you are caught with drugs you may be charged with drug possession. But, if the police believe that you possessed the drugs in order to sell them, then that is a separate charge called “possession for sale.” What would give police the proof that you intended to sell the drugs as opposed to merely possess them for your own personal use? Some of the many factors include the amount of currency the defendant had at the time of arrest, the quantity of drugs possessed, whether the drugs were individually packaged, whether the defendant was in possession of drug paraphernalia, and whether the location where the suspect was arrested is a high narcotics sales area.

Although possession and possession for sale are both serious charges, there are many reasons why avoiding a possession for sale charge is critical. For example, many people charged with possession are eligible for a special diversion program that if successfully completed, could result in a dismissal of the charges altogether. These diversion programs are usually not available for possession for sale charges because those diversion classes are meant to help users, not sellers.

Continue reading "The Difference between Possession of Drugs and Possession of Drugs for Sale Charges - California Health and Safety Code Section 11350 & 11351" »

An Oceanside police sergeant recently pleaded guilty to charges of “receiving stolen property and knowingly accepting items purchased with embezzled funds,” according to a recent report by San Diego News 10. The man had been with the Oceanside Police Department for 10 years and was quoted as being a “rising star” in the department when he was charged. Allegedly, the man was romantically involved with a woman who had been embezzling money from a construction company at which she was employed. Prosecutors claim that the man knowingly received over $54,000 in items from the woman that he used to update his home, including mahogany wood flooring and flat-screen television sets. The officer now faces a prison sentence of 365 days in county jail.

Under California Penal Code section 496, it is a crime to knowingly buy, sell, receive, conceal, or withhold stolen property. If, for example, you buy or receive a car stereo from a person with knowledge that the person who is providing it to you has received it unlawfully, you can be prosecuted for receiving stolen property under Penal Code section 496. Depending on the severity of the case, a conviction can result in a prison sentence of up to one year in state or county jail.

Continue reading "Police Officer Pleads Guilty to Receiving Stolen Property - California Penal Code Section 496" »

Spanning 30.7 square miles, Glendale ranks as the number three largest city in Los Angeles, California. Major brands like Dreamworks SKG, Nestle, and The Walt Disney Company have offices in Glendale and employ many of Glendale’s estimated 207,303 residents. Glendale offers its population and visitors a variety of shopping possibilities such as Americana at Brand, and is close to entertainment sites such as Universal Citywalk, the Hollywood area, and Old Town Pasadena. As a thriving city with a large number of inhabitants and tourists, Glendale experiences its share of arrests for assault and battery in which a skilled criminal defense attorney may be needed.

An individual who faces assault and battery charges may not be fully aware of his or her rights, thus spending time agonizing about their situation if they do not seek legal counsel. California Penal Code Section 242 says that an individual can be charged with battery for initiating physical contact with another person without that person’s permission. Penal Code Section 240 defines assault as having intent to act out physically on another person, or having plans to use violence against them. The consequences of such an assault or battery conviction can be fines and imprisonment. If you face criminal accusations such as assault and/or battery, an experienced Glendale assault defense attorney can help defend your rights and help you reach a successful outcome in your case.

The skilled Southern California criminal defense lawyers at Wallin and Klarich have 30 years of experience defending individuals who have been charged with assault and battery and a variety of other crimes. Our legal team can create an aggressive defense for your case with possible defenses including protecting another individual, inability to follow through with assault and battery, impairment by alcohol, lack of conclusive evidence to show violent intentions, and even self defense. To speak with an experienced criminal defense attorney who can prepare your case and provide proper representation, contact Wallin & Klarich today at 888-280-6839 or visit our website at www.wklaw.com for additional information.

It is a crime to be driving on a suspended driver’s license in California. The consequences for driving on a suspended license can be severe. If you are facing a charge of driving on a suspended license, it is important that you speak with an experienced criminal defense attorney.

Under California Vehicle Code 14601, it is a misdemeanor to drive a vehicle with the knowledge that your license has been either suspended or revoked. A person’s privilege to drive in the state of California can be suspended or revoked for a number of reasons, such as a DUI arrest, lack of car insurance, or an arrest for an outstanding warrant.

In order to be convicted of driving on a suspended license, the prosecution must prove that the defendant drove a motor vehicle while his/her driving privilege was suspended or revoked, and he/she knew that his/her driving privilege was suspended or revoked. The prosecution can prove that the defendant knew that his/her driving privilege was suspended or revoked by showing that the Department of Motor Vehicles mailed a notice to the defendant notifying him/her that their driving privilege had been suspended or revoked; the notice was sent to the most recent address reported to the department and the notice was not returned to the department as undeliverable or unclaimed.

There are many defenses to driving on a suspended license. One defense is that the defendant was not aware that their license was suspended or revoked. There is a presumption that a defendant is aware of the suspension if he/she received a notice in the mail from DMV; therefore, if DMV never mailed out a notice or there was an error in the processing of the suspension, then the defendant did not receive notice. In addition, another obvious defense is that the defendant was not the person operating the motor vehicle. With the help of an experienced California driving on a suspended license defense attorney, these defenses may get your charges dismissed.

Continue reading "I am Accused of Driving on a Suspended License - What Should I Do? - California Vehicle Code Sections 14601" »

According to ESPN, San Diego Chargers wide receiver Vincent Jackson has plead guilty to a 2009 DUI charge. This is Jackson’s 2nd conviction for a DUI. Jackson’s first DUI was in 2006. Jackson will face 4 days in jail and 5 years of probation. Jackson will also have to pay a fine of $2,408 and perform 10 days of public work service.

A DUI is a serious charge. It is important that you talk to an attorney if you have been cited for a DUI. Under California Vehicle Code 23152, driving while having a blood alcohol level of 0.08% or more will result in a DUI conviction. Having a 2nd DUI within 10 years of the first conviction will increase the penalty. See California Vehicle Code Section 23540. You can face jail time, fines, and a suspension of your driving privileges. There are many defenses that can be used. Talking to an attorney can make a difference in the result of your case.

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In response to Verdin v. Superior Court (2008) 43 Cal.4th 1096, which has held that when the defendant raises a “diminished actuality” defense and places his mental state at issue, the court could not order him to submit a mental health examination to the prosecution. The California legislature amended Penal Code 1054.3, subdivision (b), authorizing the prosecution to submit a defendant to examination by a prosecution-retained mental health expert.

The discovery statute applies with equal force to both adult defendants in a criminal action and minors in a juvenile proceeding. The prosecution will bear the cost of any such mental health expert's fees for examination and testimony at a criminal trial or juvenile court proceeding. It is required to submit a list of tests proposed by the prosecution expert to be administered to the defendant.

If a defense attorney raises objections to the proposed tests before they are administered, the court will hold a hearing considering the merits of such objections. The court must also make a threshold determination that the proposed tests bear some reasonable relation to the mental state placed in issue by the defendant. For the purposes of newly enacted subdivision, the term “tests” includes any and all assessment techniques such as a clinical interview or a mental status examination.

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Anyone charged with possession for sale of marijuana should speak with an experienced drug possession attorney in Southern California. Possession for sale of marijuana is a serious crime that comes with harsh penalties and consequences.

California Health and Safety Code Section 11359 makes it a felony for anyone to unlawfully possess marijuana for the purpose of sales. To be convicted under Section 11359, it needs to be proven that the defendant unlawfully possessed marijuana; the defendant knew of its presence; the defendant knew of the substance’s nature as a controlled substance; the defendant possessed a usable amount; and that at the time of the possession, the defendant had the intent to sell it.

With a knowledgeable criminal defense attorney on your side, you can raise certain defenses against this charge. A viable defense that may be available to you is submitting a motion to the court to suppress evidence of confiscated marijuana. If the evidence is shown to have been illegally obtained, the judge may decide not to admit it as evidence. This would likely result in the dismissal of the case against you. You may also be able to challenge the individual elements of the charge by claiming a lack of possession, knowledge of the drug’s presence or nature, presence of a usable amount, or the intent to sell.

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California Penal Code Section 594 defines vandalism as any person who maliciously defaces with graffiti, damages, or destroys any real or personal property. This definition is so broad that it encompasses any sort of destructive or unsightly behaviors. Specifically, one can be charged with vandalism for minor crimes, such as scratching a name into a desk. Essentially, if the property or item does not belong to you and you destroy, deface, or damage it without the owner’s consent – you may be charged with the vandalism.

In order to be convicted of vandalism, the prosecution has the burden to prove that the defendant maliciously defaced with graffiti, damaged, or destroyed real or personal property; and the defendant did not own the property. If the prosecution is charging a felony, it must also be proven that the amount of damage caused by vandalism was $400 or more.

Vandalism is a considered to be a “wobbler.” This means a conviction for vandalism can be a misdemeanor or a felony. A felony conviction is punishable by imprisonment for up to three years in state prison, or a fine of ten thousand dollars ($10,000), or by both fine and imprisonment. Vandalism is usually a felony when the damage was more than $400. However, vandalism committed against a church can be a felony and punishable by up to three years in state prison, regardless of the amount of damage done.

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The Southern California city of Chula Vista is a hub for businesses and tourists alike, and lies along the coast, stretching an estimated 51.2 square miles. Its evaluated population of 217,478 does not include the large number of travelers and tradesmen that enter the city annually in search of vacation and commerce. Like other major cities that cater to a variety of consumers and residents, situations of arrest for assault and battery can sometimes occur.

Assault and battery criminal charges can stagger the life of an individual in many ways. If convicted of assault or battery, an individual may face unfortunate consequences like fines and imprisonment. According to California Penal Code Section 242, a person can be taken into police custody for battery if he or she makes non-consensual physical contact with another person. Assault, as explained by Penal Code Section 240, is imputable when a person means to commit battery, has violent intent or wants to physically harm another. If you have been accused of such crimes, you can find out your legal rights by seeking the aid of an experienced Chula Vista battery defense attorney.

The Southern California assault and battery defense attorneys at Wallin and Klarich have three decades of experience helping Chula Vista residents who face criminal charges. Our aggressive legal defense team will protect your rights with strong defenses against assault and battery claims, such as lack of requisite intent to commit battery, intoxication, inability to follow through with assault and battery, providing defense for another person, or even self-defense. The law firm of Wallin and Klarich is prepared to answer your criminal defense questions and is immediately available to assist you with your case. Contact us today at 888-280-6839 or visit our website at www.wklaw.com for additional information.

California Health and Safety Code Section 11377 makes methamphetamine (“meth”) possession illegal. Meth Possession is a serious crime with serious penalties. If you are charged with meth possession, it is important that you speak to an experienced criminal defense attorney to get you the best possible result in your case.

Meth possession means that you had physical custody of the meth. You must also know the nature of meth as a controlled substance to be convicted. The amount of meth also has to be usable. If this can be proven, you may face a conviction for meth possession.

Having an experienced attorney can help you bring up defenses to your charge. There are many defenses to meth possession. The obvious one is that the defendant did not have physical control over the substance. Furthermore, the defendant cannot be convicted of possession of methamphetamine if he/she was not aware or had knowledge that the methamphetamine was in their presence or that it was a controlled substance.

There is also the momentary meth possession defense. Momentary possession requires that the defendant only possessed the substance for a momentary or transitory period; the possession of methamphetamine was for purposes of abandoning it, disposing of it or to destroy it.

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Anyone who has been charged with possession of drug paraphernalia, under California Health and Safety Code Section 11364, should be prepared to retain an experienced criminal defense attorney. An experienced criminal defense attorney will know how to examine all the circumstances surrounding your case to secure the most favorable result.

Section 11364 of the California Health and Safety Code governs the possession of drug paraphernalia in California, which is a serious crime. "Drug paraphernalia" is broadly defined as all equipment, products, or materials of any kind which are intended for use in planting, cultivating, growing, manufacturing, compounding, producing, processing, or otherwise introducing a controlled substance into the human body.

There are many different penalties for possession of drug paraphernalia. Some charges can result in a misdemeanor conviction and fine to one thousand dollars ($1,000), while others may also result in the loss of your business license.

An experienced Southern California drug paraphernalia possession attorney can help you defend the charges. The most common defense for a possession of drug paraphernalia charge is authorized possession for personal use. A person is allowed to possess paraphernalia if it has been prescribed by a licensed physician. Also, possession of instruments for smoking marijuana, without more, is not a crime in California.

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Spanning about 98.4 square miles, Riverside, California, is the 61st largest city in America, the number 12 largest city in all of California, and the number one biggest city in the metro area of Riverside-San Bernardino. Its approximate 311,575 residents are about 60 miles east of Los Angeles, and Riverside has its own notable sites including parks (California Citrus State Historic Park), museums (Riverside Metropolitan Museum), and schools (University of California, Riverside). The Mission Inn Hotel is also in Riverside; a national treasure as the nation’s hugest Mission Revival Style structure. Similar to other thriving cities, Riverside experiences incidents of arrests for assault and battery from time to time.

Being accused of an assault or battery crime in Riverside can be an intimidating experience that often leaves an individual feeling confused and overwhelmed regarding his or her legal rights and what defenses may be available. Based on California Penal Code Section 240, a person only has to be accused of intending to commit battery, physical violence, or willful use or force on another person to be arrested for assault. Under California Penal Code Section 242, an individual may be arrested for battery if physical contact or violence occurs beyond another person’s consent. In such instances, an accused individual may find it beneficial to contact an aggressive Riverside assault defense lawyer who will help them understand their rights and provide a strong defense for their case.

At Wallin & Klarich, our experienced and skilled Riverside assault and battery defense attorneys have been assisting those charged with a broad range of crimes for more than 30 years. Our Southern California legal team is extremely familiar with potential defenses to an assault and battery charge, some of which may include self-defense, defense of another, inability to actually carry out assault or battery, lack of requisite intent to commit battery, intoxication, and even consent on the part of the alleged victim. To learn more about how the criminal defense law firm of Wallin & Klarich can help you with your case, please visit our website at www.wklaw.com or call 888-280-6839 today.

California Health & Safety Code Section 11350 is a law that makes it illegal to possess various types of drugs as defined within the health and safety code.

In order to be convicted of possession of a controlled substance, the prosecution must prove that you unlawfully possessed a controlled substance, that you knew of its presence, that you knew of the substance’s nature or character as a controlled substance, what the controlled substance was, and that the quantity possessed was a usable amount. Possession means that a person has physical custody and control over the substance.

One of the many defenses to possession of a controlled substance is momentary/transitory possession. In order to successfully assert the defense of momentary/transitory possession, it must be shown that the defendant possessed the controlled substance only for a momentary or transitory period, that the defendant possessed the controlled substance in order to abandon, dispose of, or destroy it, and that the defendant did not intend to prevent law enforcement officials from obtaining the controlled substance. Of course, because every case is unique it is vital that you speak with an experienced criminal defense attorney about the particular facts of your case and any defense that may be available to you.

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It was recently reported that Donald Haidl, the alleged “money man” for disgraced Orange County Sheriff Mike Carona, will not serve jail time because Haidl provided “extraordinary” cooperation with prosecutors in convicting Carona for corruption.

Haidl will instead pay a $40,000 fine and perform community service on a guilty plea for filing a false tax return. The crime carries a statutory minimum of three years in prison and a $100,000 fine.

During Carona’s corruption trial, Haidl testified about funneling illegal contributions to Carona’s election campaign and paying Carona and his top aid $1,000 a month to keep them from accepting bribes from any other source. Haidl also secretly recorded conversations with Carona on three occasions. One recorded conversation had Carona and Haidl discussing how they should testify before a grand jury, leading the jury to convict Carona of witness tampering. Carona was sentenced to 5 1/2 years in jail on the witness tampering charge.

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Under California Vehicle Code Section 21809, the law now gives greater protection to emergency vehicles that are parked on the shoulder of a freeway. This means that if you are driving in either the very far right or very far left lanes, the law requires you to change lanes if you see that you are coming up behind an emergency vehicle that is parked on the freeway shoulder and has its lights flashing. If you determine that it would be unsafe for you to change lanes, then the law requires you to slow down to a reasonable speed.

If you have been ticketed for this infraction in California, make sure you hire a traffic ticket lawyer to help you get the case dismissed. If you are convicted of this traffic infraction, you are facing a $50 fine and one point on your driving record. However, penalty assessments will be added to the $50 so that the total amount you will have to pay will be closer to $200. By hiring a traffic ticket lawyer, you may be able to avoid paying the fines and you may also be able to avoid the points on your driving record.

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Self-help guru, James Arthur Ray, has been charged with three counts of manslaughter after dozens of his followers collapsed in a sweat lodge at his retreat center in Arizona. Allegedly, over twenty people were hospitalized, and three of them never regained consciousness and died at a hospital. If he is convicted, Mr. Ray could be sentenced to more than 35 years in prison.

Since prosecutors charged Mr. Ray with manslaughter, Arizona law requires that the prosecution prove that James Ray acted with criminal intent. The prosecutors could prove criminal intent by showing that Mr. Ray acted recklessly and that his actions caused the deaths of his alleged victims. At trial, the prosecution might be able to show this by providing evidence that Mr. Ray was aware that others were ill at previous retreats. The prosecution could also show evidence that Mr. Ray lied about the incidents and ignored signs of medical distress among his followers.

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NPR reported that a former emergency room doctor was convicted of six felony counts in an incident involving a car which was allegedly used as a weapon.

The news story said that the incident started when the doctor, while driving his car, got a little too close for comfort with a couple of cyclists who were apparently hogging the road. The doctor and the cyclists exchanged words, and the doctor went around the cyclists and suddenly slammed on his brakes. One of the cyclists couldn’t stop and slammed into the back of the car. The cyclist was severely injured and the doctor was arrested.

The doctor now faces up to 10 years in prison and also faces losing his driver’s license for the rest of his life because the weapon purportedly used was a car.

Have you or a loved one been accused of assault with a deadly weapon involving a motor vehicle? Assault with a deadly weapon in California is considered a serious or violent felony and could mean possible time in prison as well as a lifetime suspension of your driver’s license. It is important to contact an experienced attorney to represent your interests and your rights in court.

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The number ten most populated city in California, Anaheim, stretches 50.5 miles to cover most of Orange County. Its estimated 348,467 residents share their city with a steady file of professionals and vacationers who come to conference, share business and see Anaheim’s well-known theme parks Disney California Adventure and Disneyland. The Anaheim Convention Center is another Anaheim staple, hosting leisure and sports events that draw families and friends seeking entertainment. As a favored tourist spot and friendly place to live, sometimes Anaheim residents do not want to admit instances of conflict and heated debate that may result in assault and battery charges.

Assault and battery charges in Anaheim may arise from an initially simple interaction. For instance, two or more parties can begin an argument about any subject, whether the situation is as small as an argument at a convenience store or a shouting match built from a larger scale fender bender. Sometimes the matter at hand can trigger a person’s negative emotions to provoke intense physical response or verbal backlash. According to Section 242 of the California Penal code, battery is defined as non-consensual physical contact, and is a criminal offense. However, section 240 of the Code says that a person does not have to follow through with their intent to commit battery in order to be accused of assault. If you have been charged with assault or arrested for battery, you may be left wondering how the law defines your legal rights and how you can better understand any unfortunate accusations set against you.

The Anaheim battery defense attorneys at Wallin and Klarich have over 30 years of experience tackling assault and battery cases, and also have defended many who face various other criminal offenses. The experienced group of Southern California lawyers is committed to helping you create a solid defense for your case so that your trial can have a positive conclusion. Defenses such as looking out for another person’s well-being, intoxication, physical inability to carry out attack, or even self-defense can be used to successfully explain your case. To reach one of the aggressive and confident lawyers at Wallin & Klarich who can aid you through your trial and translate your legal rights, visit www.wklaw.com, or call 888-280-6839 today.

Recently, a federal case against an Orange County politician was dealt a blow when a portion of the prosecutors’ audio evidence was found to be missing.

The case arose out of the 2006 general election for California’s 47th House of Representatives district to represent Santa Ana between incumbent Loretta Sanchez and challenger Tan Duc Nguyen. During the campaign, a letter apparently from Nguyen went out to 14,000 residents in the district with Latino names. The letter, written in Spanish, warned the residents that if they were immigrants, undocumented or otherwise, voting in the election would result in their imprisonment and deportation.

The U.S. Department of Justice formally charged Nguyen with obstruction of justice for not being truthful in his interview with investigators about the matter. However, the U.S. District Judge presiding over the case questioned why Nguyen wasn’t charged with actually sending out the letter himself.

Most damning, there was a 40 minute gap in the two-hour audio interview with Nguyen about the letter. After the first 15 minutes, the tape recorder apparently stopped working, but no one noticed until 40 minutes later, when a new one was brought in. The judge pointed out that during his days as a deputy district attorney, it was standard procedure to have two recorders tape interviews simultaneously.

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Orange County Collaborative Courts are specialized courts that cater to specific underlying issues that may be present in individuals who come before the court. These courts offer judicial monitoring and a team approach to decision making, including the participation of different agencies. One of these Collaborative Court programs is known as Veteran’s Court.

The mission of the Veteran’s Court is to provide a treatment program for combat veterans in the criminal justice system. To be eligible, the defendant must be a combat veteran. Also, the crime alleged must have been the result of post traumatic stress disorder (PTSD), traumatic brain injury, substance abuse, and/or a psychological problem stemming from the defendant’s service in combat. Veteran’s Court does not admit individuals charged with sex crimes or violent crimes. Each individual is evaluated on a case by case basis.

In order to get the case to Veteran’s Court, the attorney may request the judge to transfer the case. The request may be done orally. It is recommended that the attorney bring any and all documentation to support the request, such as evidence indicating defendant is a combat veteran, any history of substance abuse, or that defendant suffers from PTSD. If the judge grants the request, the defendant will receive a hearing at Veteran’s Court.

At the Veteran’s Court hearing, the judge will make a determination of whether or not defendant is eligible for the Veteran’s Court Program. The judge may also continue the matter if more information is needed either from the district attorney or from Veteran Affairs. It is also possible that the defendant may be interviewed by health professionals to determine defendant’s eligibility.

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The Southern California city of Santa Ana is a largely populated metropolitan area located in Orange County. Its corresponding river of the same name, the Santa Ana River, is one of the many natural occurrences in the Los Angeles landscape that claims the Santa Ana title, including Santa Ana Mountains, Santa Winds, Santa Ana Watershed, and Santa Ana Freeway—an interstate used by many of Santa Ana’s estimated population of over 13 million for commute and major travel. Its large population has gained the city honor in lists such as a U.S. Census Bureau record of second biggest national metropolitan city and the number four most heavily packed with only New York City, San Francisco, and Chicago above in population. With the large tally of residents, as well as the many tourists and business travelers that come to Santa Ana, many of its people are unaware of the unfortunate conflicts that can occur, such as arrests for assault, or battery offenses.

Simple arguments occur daily; however, in many instances, an argument may escalate into a major altercation resulting in assault and/or battery. Section 240 of the California Penal Code states that a conflict between multiple parties does not have to become physically harmful or emotional detrimental for a participant to charge another with assault. At the very least, the intent to commit battery, or physical contact, is enough to charge anyone involved in the conflict with assault. California Penal Code Section 242 says that battery may be considered touch without consent. Despite what may appear to be a simple definition of battery, it is very common for those arrested for a battery crime to not be aware of the specific laws behind their charges or their legal rights in the situation. A skilled Santa Ana assault and battery defense attorney is able to properly define the law in such cases, and can provide answers and clear alternative explanations to defend an accused individual.

If you or a loved one has been accused of assault or charged with battery, the experienced Southern California criminal defense attorneys at Wallin and Klarich have the knowledge and skills to help you with your case. Wallin and Klarich’s aggressive Santa Ana lawyers have been assisting those in need of assault and battery defense for over 30 years, and also have a thorough background in defending a wide range of criminal cases. Those charged with assault or battery may benefit from a number of defenses such as intoxication, self-defense, unable to act on a plan of harm, or even coming to the defense of another. For more information regarding how Wallin and Klarich can help you with your trial by creating a strong defense on your behalf, please call 888-280-6839 today or visit www.wklaw.com.

If you have been previously convicted of a “registerable” offense (an offense listed in Penal Code section 290) in California, then you must register as a sex offender. Additionally, even if the offense you committed is not listed in Penal Code section 290, the judge can still require you to register as a sex offender if the judge determines that the offense you committed was sexually motivated. Once you are required to register as a sex offender, you must do so for life. If you fail to register as required by law, you will be charged in a separate felony case with failing to register as a sex offender in California.

Failure to register as a sex offender is a serious crime. California’s sex offender registration laws are very complex and failure to follow them could lead to a new felony case. But, in order to be convicted of failure to register as a sex offender, the prosecution must show that you had “actual knowledge” of the duty to register. There are many ways prosecutors can show that you had “actual knowledge” of the duty to register. It is thus critical to hire a criminal defense attorney with experience handling these cases. Your attorney can aggressively fight the charges and show that your failure to register was not illegal because you did not have actual knowledge of the registration requirement.

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According to the Orange County Register, five men have been accused with robbing a former mortgage lender at his Newport Coast mansion on December 8, 2009. One was arraigned on December 11, 2009. Two posted bail and were arraigned on January 26, 2010, and warrants have been issued for the other two suspects.

Each suspect has been charged with one felony count of conspiracy to commit robbery, two felony counts of kidnapping to commit robbery, five felony counts of first degree robbery in concert, and six felony counts of assault with a firearm.

According to prosecutors, the five men met up at a grocery store parking lot before the robbery. Then, three of the men went inside the house, tied up the houseguests, and pistol-whipped at least two of them; a third went to the hospital for his injuries.

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