Southern California Defense Blog

On April 30, 2010 it was reported that an Aliso Viejo man was convicted by a jury of secretly videotaping young girls as they changed out of bathing suits during a pool party at his Aliso Viejo home. The jury also found that the man engaged in inappropriate sexual activities with another 16 year old dance student. Aliso Viejo is the home of Soka University of America, a small four-year international liberal arts college, and quietly rests between Laguna Beach, Laguna Hills, Laguna Niguel, and Laguna Woods.

Penal Code section 288 is a crime committed by touching a child on his or her body for the “toucher’s” own sexual gratification. This is sometimes referred to as “sexual assault,” or “lewd acts on a minor under 14,” or “lewd or lascivious conduct.” These cases often involve accusations that the child was touched or fondled on their sexual organ, or that some act of molestation took place. In addition, California prohibits the possession or distribution of child pornography, and if a minor is shown this type of material while engaging in a “lewd act,” the alleged perpetrator could suffer additional penalties and stiffer sentences.

Continue reading "Aliso Viejo man was convicted by a jury of secretly videotaping young girls " »

Under California Penal Code 647(f), public intoxication is listed as a crime of disorderly conduct and is a misdemeanor. Public intoxication is when a person is found in any public place under the influence of drugs or alcohol, and is in a condition where he or she is unable to exercise care for his or her own safety or the safety of others. Public intoxication also occurs if a person, while under the influence of drugs or alcohol, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

To convict a defendant, the prosecution must prove that 1) the defendant was willfully under the influence of alcohol or drugs, 2) the defendant was in a public place, and 3) the defendant was either unable to exercise care for his/her own safety, or the safety of others or the defendant interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way.

It is important to have a criminal defense attorney if you are facing public intoxication charges. An experienced attorney can inform you of all the defenses that are available in your case. Some of the most common public intoxication defenses are that the defendant was not under the influence or it was not in a public place.

Continue reading "I Was Arrested for Public Intoxication – What Should I Do Next? – California Penal Code 647(f)" »

It was recently reported that a hit and run car crash killed three people on the 91 freeway. The deaths occurred after a Mazda collided with a Chevrolet and erupted in flames. A tractor trailer may have also been involved. The driver of the Mazda lost control and swerved across several lanes, cutting in front of a tractor trailer. The driver of the tractor slammed on the brakes. The Mazda was then struck by a Chevrolet. The tractor pulled over to the right shoulder for a few minutes, but then drove away. California Highway Patrol reviewed the video of the incident and stated that it doesn’t appear that any of the parties involved were at fault. The CHP believes that the driver of the tractor may have more information on the accident. If the tractor was involved in the accident, the driver may be charged with hit and run.

Under California Vehicle Code Section 20001, the driver of a vehicle involved in a collision must immediately stop at the scene of the accident and give his or her information to the police officer at the scene of the accident, or to the occupants of the other vehicle if requested, and/or report the accident to local authorities. If someone was injured in the accident, the driver must also provide reasonable assistance

Continue reading "Tractor Trailer May Have Been Involved in Fatal Crash – The Importance of Hiring a Hit and Run Attorney – California Vehicle Code Section 20001" »

Most people would likely agree that drug crimes were a major contributing factor in the alarming increase in the number of Americans currently incarcerated in the various penal institutions in the country. The overpopulation in our prisons is partly due to the increase in drug crime rate. At Wallin & Klarich, our drug crime attorneys have seen a significant increase since our firm started over 30 years ago.

America’s so called “war on drugs” perhaps began when then President Nixon declared to Congress that drugs were a “serious national threat.” Nixon officially declares a "war on drugs," identifying drug abuse as "public enemy No. 1." It was also Nixon who created the Drug Enforcement Agency (DEA) in 1971. In 1986, President Ronald Regan appropriated $1.7 billion dollars as part of the Anti-Drug Abuse Act of 1986 to fight the drug war. The bill also created mandatory minimum penalties for drug crimes, which are increasingly criticized for promoting significant racial disparities in the prison population because of the differences in sentencing for crack and powder cocaine.

Continue reading "Treatment of Substance Abuse For Prisoners Can Lead To Less Drug Crime And A Lower Prison Population" »

It was recently reported that a man was arrested after tackling a referee in an adult soccer game. Charles Hayne, 31, was arrested on suspicion of felony battery after he allegedly tackled a referee. Haynes was playing in a league soccer game and had been ejected from the game. The referee had ended the game with 20 minutes left after a fight broke out on the field. As the referee was recording the final score, Haynes allegedly tackled him.

Assault and Battery are two separate charges. Assault, defined under California Penal Code Section 240, takes place when you perform an act that is likely to result in the application of force to another person. There is no requirement that an assault must actually result in a violent or forceful act upon another, only that you attempted to commit such an act, and had the ability to do so.

Continue reading "Man Arrested On Suspicion of Assault and Battery After Tackling Referee – California Penal Code Section 242 " »

It is now well-known that NFL Star Ben Roethlisberger was recently accused of sexual assault. It appears Roethlisberger was at a bar in the Georgia Town College area with friends when the alleged assault took place in the bar bathroom. This is the second alleged sexual assault incident for the Pittsburgh Steelers Quarterback. The first alleged incident occurred in July of 2008.

Continue reading "NFL Star Ben Roethlisberger Accused of Sexual Assault – California Penal Code Section 243.4" »

It was recently reported that a beauty supply store in Lake Forest was burglarized by a man in a ski mask. The man is alleged to have been carrying a handgun. The man ordered an employee to lead him to the safe and the employee gave him an undisclosed amount of money. The man escaped through the back of the business. The case is currently being investigated.

It is important to differentiate burglary cases from robbery cases. Cases of robbery occur when someone takes something from someone’s person with force or threat of force. Since the taking was from a structure (beauty store), the crime in this particular case is burglary. Even though the man had someone lead him to the safe, it is still burglary (not armed robbery) because nothing was taken from the employee’s body or immediate possession.

Under California Penal Code Section 459, burglary is committed when a person enters a building with the intent to commit a felony. Commercial burglary (also known as second degree burglary) is a crime that takes place in a business rather than a residence and is considered to be a “wobbler.” This means the prosecution has the discretion to either charge the crime as a misdemeanor or a felony. A misdemeanor conviction is punishable by imprisonment for up to one year in county jail and up to a fine of one $1,000. A felony conviction is punishable by imprisonment for up to three years in state prison. It is important to speak to an attorney to help get you the best possible disposition in your case.

Continue reading "Man Burglarizes Lake Forest Beauty Store – California Penal Code Section 459 " »

How hard must the finder of lost property try to return it to its owner before deciding it's his to keep or sell? The answer to that question could determine whether Monday's iPhone scoop results in millions of dollars in legal damages, or even criminal charges, for its purveyors.

Gawker Media has admitted -- boasted, really -- that it paid $5,000 to get its hands on a prototype of a fourth-generation iPhone for its gadget blog, Gizmodo. The seller of the device told the editors of Gizmodo and other technology blogs that he found it unattended in a bar called Gourmet Haus Staudt in Redwood City, California.

But shortly after Gizmodo published its blockbuster story about the phone, critics began accusing the site of breaking the law by, in effect, purchasing stolen goods

See full article from DailyFinance

The appeals process can be very complex. Judges, attorneys, and jurors must follow a long list of laws and procedural rules. Because of this complexity, there is a fairly high potential for error. At any point in trial, the judge or an attorney can make an error or mistake that may cause an unjust result. What can happen is that sometimes innocent people are sentenced to prison while guilty defendants escape conviction. Fortunately for those who are wrongfully convicted, there are opportunities to overturn the wrongful conviction and receive a fair trial. This is accomplished through the appeals process.

Generally, you will be allowed to appeal any trial court decision by taking it to a higher court for review. In making an appeal, you are asserting that you were wrongfully convicted because of an error or mistake made by the court. Common errors and mistakes include, but are not limited to, juror misconduct, prosecutorial misconduct, wrongfully admitted evidence, harsh sentences, and incorrectly applied laws. As long as there is a valid legal argument that an error was made, an appeal will be allowed. California law, however, provides a very small window of time to file an appeal. If you were convicted of a felony crime, you will have 60 days from the imposition of the sentence to appeal. For misdemeanor offenses, you will have only 30 days to file.

Continue reading "I Need to Appeal My Conviction – What Should I Do? California Penal Code Section 1237" »

Although shoplifting may seem like a minor crime to most people and stores have gone to great lengths to ensure shoplifting prevention, it can still have drastic effects on the life of someone accused of such an offense. For example, even for a first offense for shoplifting, shoplifting can be charged as either a misdemeanor or a felony in California (depending on the value of the goods taken). Penalties for shoplifting include possible jail time, stiff fines and fees, anti-shoplifting classes, and other punishments. But it doesn’t end there. Other “collateral” consequences can lead to serious problems.

For example, because shoplifting is considered a “crime of moral turpitude” by the government, a shoplifting arrest or conviction may lead to deportation if an offender is not a U.S. citizen. A shoplifting arrest or conviction may also negatively impact a person’s ability to get a job and may also result in the person being fired from his or her current job. There are many other possible collateral consequences depending on the particular facts of a case. This is why it is extremely important to contact an experienced criminal defense attorney immediately. The criminal defense attorneys at Wallin & Klarich will look at the unique facts of each case and help every client avoid many of the negative consequences that result from a shoplifting arrest or conviction.

Continue reading "What You Need To Know About Shoplifting And Shoplifting Laws In California – California Penal Code Section 484" »

Huntington Beach Defendant Vicente Garcia Ramirez Sentenced For DUI Death – California Penal Code Section 193

It was recently reported that a Huntington Beach man was sentenced to 16 months in state prison following a drunk driving accident. In the early morning hours of January 9th, 23-year-old Vicente Garcia Ramirez was driving in Garden Grove when he lost control of his Nissan Altima on Magnolia Street and crashed into a tree. His passenger, Joyce Lopez, 22, died hours later. Ramirez, who had a blood-alcohol level of .08 percent, had been drinking at a party before he got behind the wheel and was driving at an “unsafe speed” before he lost control of the car.

Appearing with his attorney, defendant Ramirez pleaded guilty to one felony count of vehicular manslaughter while intoxicated without gross negligence and one misdemeanor count of driving a motor vehicle without a valid license. He was sentenced to one year and four months in prison. Ramirez faced up to six years in state prison for the felony vehicular manslaughter charge.

Continue reading "Huntington Beach Defendant Vicente Garcia Ramirez Sentenced For DUI Death – California Penal Code Section 193" »

Santa Ana police arrested a gang member after a one hour car chase . The chase ended with officers running after the defendant on foot in the area of Sullivan Street. Santa Ana Police said the man allegedly stole a Toyota pickup and police pursued him and a passenger around noon near First Street and Harbor Boulevard. Officers followed the men through Garden Grove, Buena Park, Stanton and Westminster before he was arrested in Santa Ana. The chase ended near an apartment complex on Fairview Street, and the man then ran about a block before surrendering on Sullivan Street. The driver, Daniel John O'Connell, 27, of Santa Ana, was arrested on suspicion of felony grand theft and felony evasion.

Unlike car chase scenes out of a Hollywood car chase movie, stealing a vehicle and evading police is not glamorous. Under California Vehicle Code Section 2800.2, it is against the law to flee or attempt to evade a pursuing police officer and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property. If convicted, the person driving the vehicle can be punished by imprisonment in state prison, or by confinement in the county jail for not less than six months nor more than one year. In addition, the court may impose a fine of not less than $1,000 or both a fine and imprisonment. Evading a police officer is not only dangerous to the surrounding community but also results in severe punishments.

Continue reading "Man Arrested for Evading Santa Ana Police in a Car Chase and How a Criminal Defense Attorney Can Help You – California Penal Code Section 487 and California Vehicle Code section 2800.2" »

Drunk driving in California has been a problem for a number of years. When a driver is driving under the influence of alcohol, there can be serious consequences. Drunk driving can cause fatal or catastrophic injury to the driver as well as other drivers and pedestrians sharing the road.
The damages caused to victims of a DUI collision can be permanent, painful, and expensive. If you have been injured from a DUI collision you need to recover money from the person who caused your accident. There are a number of damages an injured accident victim can recover. An injured accident victim can recover damages such as loss wages, medical treatment, and pain and suffering among others..

Drunk Driving Statistics

Accident statistics have show that on average there is one fatal personal injury caused by a drunk driver every 45 minutes, according to MADD. That comes out to about 30 preventable deaths a day. In addition, more than 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. That averages out to an arrest rate of about one for every 139 licensed drivers in the United States.

California DUI Laws

California law prohibits any driver with a blood alcohol content of 0.08 or higher to operate a vehicle. According to California Vehicle Code section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

Drink Safely

People that do decide to drink need to keep in mind their own safety as well as the safety of others. If you decide to drink it is advised to have a designated driver. Never condone any type of excessive alcohol consumption. Limit your number of drinks to a minimum. Look after your friends as well. If they have been drinking never let them drive.

Continue reading "Know The Facts Behind Your California DUI Accident" »

In a recent decision by the California Court of Appeals, it was held that the trial court erred in admitting irrelevant and highly prejudicial gang evidence of the defendants' membership in a motorcycle club, where there was no evidence that the club was a street gang or a criminal enterprise, and where the prosecution offered this evidence in its case-in-chief primarily to show defendants’ criminal disposition to commit murder. (People v. Memory (March 5, 2010) Case No. Co54422.)

In California, evidence that defendants are members of a certain street gang is relevant to prove identity of those individuals suspected of violating the law. Moreover, gang evidence is relevant and admissible when the very reason for the underlying crime is related to gang activities. In Memory, however, the prosecution offered gang related evidence that the defendants were members of the Jus Brothers motorcycle gang. The prosecution wanted to show that membership in this gang required the members to carry knives and to fight when challenged by other people.

The court held that evidence of gang membership could not be introduced to prove intent or culpability of the defendants. The court found the evidence to be irrelevant. The evidence could not be admitted at trial where its sole relevance was to show defendants’ criminal disposition or bad character as a means of creating an inference that the defendant committed the homicide. By admitting this highly inflammatory and irrelevant evidence, the trial court committed reversible error resulted in a miscarriage of justice requiring reversal of defendants’ convictions.

Continue reading "Court's Erroneous Admission of Gang Evidence Resulted in Reversal of Murder Convictions" »

Lancaster is located in the Antelope Valley of Southern California and is ranked as ninth on a national level for its speed of expansion. With an estimated population of 145,243, Lancaster is the eighth largest city within Los Angeles County. Lancaster serves the American Dream in being home to multiple national and local companies specializing in a wide range of industry and business. However, in being a highly populated city, arrests may occur for assault or battery in which those arrested are in need of legal counsel and representation.

Since no physical contact needs to have taken place for someone to be arrested for assault, arrests for assault happen more than most residents of Lancaster may realize. California Penal code Section 240 states that an assault offense can be committed if the defendant made clear an intention to carry out some form of physical violence, battery or willful use of force on another individual. In contrast, under California Penal Code Section 242, battery may be suspected when any physical contact takes place beyond someone’s consent. In order to determine whether grounds for an arrest are valid, a person charged with assault would be well advised to contact an experienced Lancaster assault defense attorney.

At Wallin & Klarich, our skilled and aggressive Lancaster assault and battery defense lawyers have handled a wide scope of criminal cases for over 30 years. In our many years of experience helping people, we have gained unparalleled familiarity with potential defenses to assault and battery charges. Some of these possible defenses include defense of another, self-defense, inability to carry out assault or battery, lack of requisite intent to commit battery, intoxication, and consent on the part of the alleged victim. To learn more about how Wallin & Klarich can help defend your rights and assist you with your case, call 1-888-280-6839 or visit www.wklaw.com today.

People convicted of certain sex offenses in California who are required to register as sex offenders are told that this registration is a lifetime requirement. The lifetime requirement language is written into the penal code and many registered sex offenders believe that there is no way for them to stop registering as a result. Sex offender registration is known as a “scarlet letter” and typically has devastating effects on employment prospects, personal relationships, and wreaks havoc on life in general.

Despite the lifetime requirement language, there are certain sex offenses where registration can be stopped by obtaining a Certificate of Rehabilitation in California. A Certificate of Rehabilitation is essentially a declaration by a judge stating that the person has been rehabilitated in the eyes of the law and is no longer a threat to society.

Obtaining this certificate will not stop the registration requirement for all sex crimes but does have that effect for certain offenses. This is why it is important to have a competent San Diego sex crimes attorney anytime you are facing a sex crimes offense.

Continue reading "How an Experienced Southern California Sex Crimes Attorney Can Help You Obtain a Certificate of Rehabilitation and Help You Avoid Registering as Sex Offender in California - California Penal Code Section 290" »

It was recently reported that a California court held that a juror in a criminal trial was engaged in prejudicial misconduct. The court found that a juror engaged in conversations with a non-juror friend about trial matters concerning the merits of the case, including discussions about the defendant's decision not to testify. (People v. Cissna (Feb. 26, 2010) Case No. D053464). It was thus decided a retrial would be granted.

Jurors who are selected through jury selection take an oath to follow a court’s instructions designed to eliminate outside influences and generate decisions based solely on the evidence presented at trial. In this case, one juror ignored these rules and violated his sworn duties by speaking on a daily basis about the merits of the case with his non-juror friend. After the defendant was found guilty, the defendant learned of this juror’s misconduct and moved for a new trial.

Continue reading "Juror Misconduct Results in the Reversal of a Defendant's Criminal Conviction" »

Under California law, petty theft is described as the taking of property of another valued at $400 or less. A first offense can be charged as a misdemeanor and carries a maximum sentence of six months in county jail.

Commercial burglary under California law is described as entering any structure other than a residence with the intent to commit grand or petty theft or any felony therein. Commercial burglary is a “wobbler” under California law, which means that the offense can be charged as a misdemeanor OR a felony, depending on the circumstances of each case. A commercial burglary conviction can carry a maximum sentence of three years in state prison.

Many people are surprised when they are arrested for what they believe to be the relatively minor crime of petty theft but are actually arrested for and charged with commercial burglary in California. So what is the difference between these two crimes? The answer is simple: intent. That is, what did the person intend to do when he or she entered a store or business? Did they intend to steal before they entered the store? If so, that fits the description of commercial burglary. However, if they entered the store with no intent to commit a crime but, while inside decided to steal, then that fits the description of petty theft, provided the value of the property stolen was $400 or less.

Continue reading "When Petty Theft Can Turn into Commercial Burglary in California and How an Experienced Southern California Criminal Defense Attorney Can Help You - California Penal Code Sections 484 and 459" »

It was recently reported that Roosevelt Dorn, a longtime fixture in the Los Angeles legal community and Mayor of Inglewood, plead guilty to a conflict of interest charge in connection with an Inglewood loan program. Just hours after entering his plea, he resigned from his mayoral position.

Dorn was charged with misusing a housing loan program designed to help municipal employees afford housing in the area. He allegedly helped create the program, approved it, and had a financial stake in it. Police claim that Dorn took $500,000 from the program and spent half of it paying the mortgage on his house and deposited the rest in his bank account. Reports claim he paid the sum back to the city after it became politically controversial.

Dorn has been an attorney in Inglewood since the 1970’s. In the 1980’s, he was the head criminal prosecutor in the Los Angeles City Attorney’s Office. He spent the last 18 years as a judge with the Los Angeles County Superior Court presiding over juvenile cases.

Continue reading "Former Mayor and Ex-Judge Pleads Guilty to Conflict of Interest and Misuse of Funds Charges, Receives Generous Plea Deal" »

It was recently reported that a Riverside woman has been charged in a hit-and-run death of a bicyclist. Patricia Ann Izquieta, age 37, allegedly struck a bicyclist in her SUV. Izquieta allegedly fled the scene dragging the bicycle under her car for over a mile. Izquieta was allegedly under the influence of prescription drugs. Izquieta is charged with one felony count of hit and run causing a death, one felony count of vehicular manslaughter while intoxicated, and one misdemeanor count of driving without a valid license.

Hit-and-run causing a death is a serious crime in California. Under California Vehicle Code section 20001, the driver of a vehicle involved in an accident must immediately stop at the scene and provide his or her information to the police officer on the scene of the accident, or to the occupants of the other vehicle if requested. More importantly, a felony conviction for hit-and-run causing death is punishable by imprisonment in state prison for up to four years and a fine of up to $10,000. A person who flees the scene of the crime after committing vehicular manslaughter while under the influence of a drug or alcohol is punishable by an additional five years in state prison.

Continue reading "Riverside Woman Charged in Hit-and-Run of Bicyclist:California Vehicle Code Section 20001" »

The city of Pasadena is situated in the bustling region of Los Angeles County and is widely recognized for hosting the nationally watched Tournament of Roses parade and the annual Rose Bowl Football game. As the sixth largest city in LA County, Pasadena is home to an estimated 146,518 residents as of 2007. As a highly diverse and culturally rich area, Pasadena draws in several new residents and visitors every year to the San Gabriel Valley. Although Pasadena is known for being a safe city, in being such a heavily populated area, arrests for assault and battery offenses may occur. When such situations arise, arrested individuals may want to consult with a skilled Pasadena assault defense lawyer for legal advice and representation.

It is not uncommon for someone arrested for an assault crime to be unfamiliar with their legal rights. A person may not even know why they were taken into custody in the first place. Based on California Penal Code Section 240, an individual may be arrested for assault if he or she is suspected of having intended to commit battery, willful force on another person, or physical violence. A person does not need to make any physical contact to be charged with assault. Conversely, California Penal Code Section 242 states that a person may be arrested for battery if he or she makes unwanted physical contact without another individual’s consent. An arrest for battery may be made even if the unwanted physical contact did not cause any injury or pain to the alleged victim.

At Wallin & Klarich, our knowledgeable and aggressive Pasadena criminal defense attorneys have obtained several positive outcomes for clients accused of assault and battery crimes. We are very familiar with the potential defenses to assault and battery charges and will conduct a thorough investigation of your case. You can rely on our criminal defense team to build a strong and effective defense on your behalf. Contact Wallin & Klarich today by calling 1-888-280-6839 or visit www.wklaw.com today.

How a Criminal Defense Attorney Can Help You

It was recently reported that 4 men are facing robbery and assault charges after they allegedly struck a man over the head with a beer bottle and took a woman’s purse at a Del Taco in Costa Mesa, California. Miguel Mondragon, 19, is the sole suspect facing a charge of first degree robbery. Mondragon has plead not guilty.

Under California Penal Code Section 211, robbery is defined as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. First degree robbery is defined as any robbery that is committed against any person performing his or her duties as an operator of a bus, taxicab, cable car, street car, or other vehicle; every robbery of any passenger which is perpetrated on any vehicles used for transportation for hire; every robbery which is perpetrated in an inhabited dwelling house; every robbery of a person while using an ATM, or immediately after the person has used the ATM; or the inhabited portion of any other building is defines robbery in California of the first degree.

Continue reading "Man Facing Robbery Charge from Del Taco Incident - California Penal Code Section 211" »

It was recently reported in the LA Times that authorities in Ventura County assisted in the arrest of an alleged heroin kingpin in Mexico. Mexican officials apprehended "the king of heroin," Jose Antonio Medina Arreguin last week based on the investigative work of Ventura County prosecutors and narcotic officers. Arreguin has been alleged to have smuggled 440 pounds of heroin monthly into California for at least three years, hiding the heroin in secret compartments built into automobiles. Mexican narcotics officials said his operation brought in about $12 million a month.

Under California Health and Safety Code section 11352, transportation of a controlled substance is defined as any person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport a controlled substance. More importantly, transporting a controlled substance is a felony punishable by three, four, or five years in a state prison.

Continue reading "Ventura County Assists in the Arrest of the "King of Heroin" - California Health and Safety Code section 11352" »

As one of the most well-known areas in the Los Angeles area, the city of Hollywood is home to over approximately 210,777 individuals. Situated west-northwest of Downtown LA, Hollywood is famous for its movie studios and being the historical hub of movie stars. Some of the most sought-after landmarks in Hollywood include the Shrine Auditorium, the Griffith Park Observatory, the Hollywood Bowl, Capitol Records, and the Grauman’s Chinese Theatre. With a population density of about 8,443 people per square mile, Hollywood experiences its share of arrests for assault and battery criminal offenses due to a wide variety of altercations and misunderstandings.

Being arrested for assault or battery in Hollywood can be an intimidating process, especially for individuals who do not even understand why they were arrested in the first place. Based on California Penal Code Section 240, a person can be arrested for assault if it is believed that they intended to commit physical violence, battery or willful use of force upon another individual. It is during such challenging situations that an arrested person may want to seek legal counsel and representation from an aggressive Hollywood assault defense lawyer. Under California Penal Code Section 242, a person may be charged with battery if they are suspected of carrying out any physical contact that was outside of someone else’s consent.

Due to the often highly complex legal matters that surround charges for assault and battery in Southern California, arrested individuals should get in touch with a criminal defense law firm with the experience necessary to obtain a successful outcome in any criminal case. The skilled attorneys at Wallin & Klarich have been assisting those charged with a wide range of crimes for more than 30 years. We fully understand the potential defenses to an assault or battery charge, including defense of another, self-defense, inability to carry out assault or battery, intoxication, lack of requisite intent to commit battery, or consent on the alleged victim’s part. Find out more about how the lawyers at Wallin & Klarich can help you with your case. Call 888-280-6839 or visit www.wklaw.com today.

It was recently reported that in Columbus, Ohio, more than $100,000 went missing after a bag of cash fell from an armored car into an intersection. Passing motorists abruptly stopped to get grab handfuls of bills. About $100,000 was picked up by police officers and $12,000 more was returned by good Samaritans after the bag hit the pavement, was run over and split open Wednesday morning. About 15 to 20 people scrambled to grab cash. Local police reported that there were $20 bills everywhere and money was money floating all over the place.

The owner of the armored car company transporting the money complained that "it's not free money" and "it's different than walking down the street and finding a $5 bill laying there. This is clearly marked, identifiable money that belongs to somebody else laying in the middle of a busy intersection with bank bags lying all over the place.” Police warned drivers that people who fail to return cash could face charges such as grand theft.

Similarly, in California, individuals who take property that is not theirs will face theft charges. Grand theft is defined in California as the taking of money, labor, or real or personal property whose value exceeds $400. If this had occurred in California, any of the drivers who stopped to take the money would be facing grand theft charges if the amount of money taken was more than $400. Punishment for grand theft includes imprisonment in a county jail not exceeding one year or in the state prison.

Continue reading "$100,000 Missing After Armored Car Spills Bag of Money and How a Criminal Defense Attorney Can Help You - California Penal Code section 487" »

Carlie Shultz, an 18 year old Spring Valley woman, was recently arrested and charged with reckless evading a peace officer. San Diego 10 News reported that a California Highway Patrol officer initially pulled Shultz over for a traffic violation when he observed her speeding on Highway 54. The patrol officer reported that she had been traveling over 120 miles per hour. Shultz, however, did not comply with the patrol officer’s request and led the officer on a high speed chase which ended on Interstate 5 when Shultz lost control of the vehicle and crashed. She walked away from the crash uninjured.

Under California Vehicle Code 2800.2(a), reckless attempts to flee from or evade a peace officer is a crime that is punishable by fines of up to $10,000 and/or imprisonment in state or county jail for up to one year. A person is deemed to have been reckless if they drove the vehicle in a willful or wanton disregard for the safety of persons or property. The punishment for this crime is likely to be more severe in situations where there is property damage, injury to another person, or extremely high speeds.

Continue reading "Have You Been Accused of Reckless Evading? - California Vehicle Code 2800.2(a)" »

Christopher Trachta, a truck driver for Caltrans, was arrested and charged with suspicion of drunk driving after an accident on Highway 78. As reported by San Diego 10 News, Trachta had been driving a CalTrans flatbed truck carrying a tractor when the tractor rolled off of the truck bed and smashed into a nearby apartment owned by a local family. The apartment building and its surrounding asphalt were seriously damaged as a result. Trachta continued to drive the truck onward where he struck another vehicle before coming to a stop a few feet west of the Winola Farms Marketplace. There were no reported injures from the incident. CalTrans stated that they have placed Trachta on administrative leave until the police investigation has been completed.

Under the California Vehicle Code 23152, it is illegal to drive a vehicle while under the influence of any alcoholic beverage or drug, or any combination thereof. It is also illegal under this section to drive a vehicle with a blood alcohol content of 0.08% or more. In most DUI cases, the judge and prosecuting attorney are much more likely to increase punishment when there is an accident involved. The punishment is also likely to be severe when there is significant damage done or when a work-related vehicle is involved.

If you or a loved one have been arrested for DUI, you should speak with a DUI lawyer as soon as possible. An experienced DUI San Diego defense lawyer can provide you with the best advice on how to proceed with your case and present the best defense. At Wallin & Klarich, we have represented people accused of DUI for over 30 years. Call us at 888-280-6839 or visit us at www.wklaw.com. We will be there when you call.

As reported in the San Diego Union-Tribune, Thomas John Sadler, a sheriff’s detective accused of groping a prostitute while on duty, was found guilty of felony assault and battery by an officer and misdemeanor counts of assault and false imprisonment. These allegations stem from an incident in 2008 when Sadler allegedly used his status as a police officer to sexually assault a prostitute in a parking lot on Camino del Rio South. The prosecution in the case said that this was not the first complaint against Sadler by females he has arrested or detained while on duty. However, Internal Affairs had cleared him of previous allegations. Sadler now faces a sentence of up to 3 years in prison.

Sexual battery in San Diego under California Penal Code 243.4 is any intimate, non-consensual bodily contact that is made for the purpose of sexual arousal, gratification, or abuse. It is also referred to as “sexual assault.” Depending on the circumstances of the incident, the crime can be charged as a misdemeanor or felony. Cases that involve a restrained, unconscious, or disabled victim will likely result in a felony sexual battery charge.

Facing allegations of a sex crime can lead to very serious consequences. Please contact our experienced and aggressive San Diego criminal defense attorneys at Wallin and Klarich. Our attorneys have the skills and expertise needed to provide you with a strong defense in your case. You can call us at 888-280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

Valencia is a planned community that combines with three other communities to form Santa Clarita. Often used as prime filming spots for several different TV series, Valencia is also known for its network of walkways that link the whole area without crossing streets at grade. Valencia has an estimated population of 32,643 and welcomes several visitors throughout the year. In being a diverse and lively community, similar to other busy cities, arrests for assault and battery have been known to take place in Valencia.

Being arrested for assault or battery in Valencia is often an overwhelming experience. Most individuals arrested for assault do not understand why they have even been taken into custody. This is mainly due to the fact that several people are unaware that an arrest for assault can be made if a person is thought to have intended to commit physical violence, battery, or willful use of force on another individual. Conversely, under California Penal Code Section 242, physical contact must take place outside of another person’s consent in order for an arrest for battery to occur. An experienced Valencia assault defense attorney will be able to help an arrested individual understand his or her legal rights and build a strong defense on their behalf.

At Wallin & Klarich, our aggressive and knowledgeable Valencia criminal defense attorneys have been defending the rights of those accused of a wide range of criminal offenses, including those that relate to assault and battery, for over 30 years. We are very familiar with the many potential defenses to an assault or battery offense. Some of these defenses may include intoxication, self-defense, consent on the part of the alleged victim, defense of another, and lack of requisite intent to commit battery. The time to act is now. Call Wallin & Klarich at 888-280-6839 or visit www.wklaw.com for more information about how we can help you with your case.

How an Experienced Southern California Defense Attorney Can Help You Retain Your Rights

The Los Angeles County Sheriff’s Department recently disclosed new guidelines for deputies, determining that it is often better to contain armed suspects and wait for backup rather than to chase and arrest them. The new guidelines were introduced after Sheriff Lee Baca decided to reexamine the department’s protocol for deputy-involved shootings after 16 fatal shootings by deputies were reported in 2009 compared to 9 reported in 2008.

The new guidelines are detailed in a 30-page booklet complied by a panel of senior officers convened by Baca in September 2009. The purpose was to study procedures involving foot pursuits. These guidelines are believed to be the first such policies in the country. The purpose of the recommendations is to minimize the potential for “officer-created jeopardy,” where officers unnecessarily place themselves in harm’s way.

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The California State Bar Disciplinary Panel recently upheld a judge’s recommendation to suspend former Santa Clara County prosecutor Benjamin Field from the State Bar for four years. Field appealed to the State Bar Review Department’s finding that he had withheld exculpatory evidence and committed other misconduct in four cases he had prosecuted.

He was accused of violating court orders and directives, performing incompetently, failing to obey the law, withholding evidence, misleading a judge, and committing “multiple acts involving moral turpitude, dishonesty, or corruption.”

Field appealed the decision in hopes of receiving a lenient decision. Instead, he received a suspension from the bar for four years and five years of probation. The decision was made to “protect the public and the courts” and “preserve public confidence in the legal profession and to maintain high professional standards for attorneys.”

The first accusation of misconduct against Field was made in 1995. In a sexual assault case involving a minor, Field obtained a dental examination of the defendant, disobeying a court order that resulted in the judge suppressing the evidence taken from it. On two occasions in 2003, Field intentionally withheld a witness statement that was favorable to the defense in a habeas corpus proceeding involving a sexual assault case, and he intentionally withheld a defendant’s statement favorable to co-defendants in a murder case. In both cases that year, Field was found to have committed a discovery violation. In the latter murder case, one of the charges against the defendants was dismissed due to Field’s misconduct. And in 2005, Field made an improper closing argument in a sexually violent predator case that was deemed “deceptive and reprehensible” by the court presiding over the case. As a result, the appellate court reversed the judgment committing the defendant as a sexually violent predator.

Continue reading "District Attorney Violates the Law by Violating the Legal Rights of Defendants - How an Experienced Southern California Defense Attorney Can Help Ensure Your Rights" »