Southern California Defense Blog

Over half of the marriages in the United States end in divorce. If you currently find yourself contemplating a divorce or starting the divorce process, there are many steps that you can take to protect yourself. Here are a few of those steps:
1. Get all of your financial records together. Include all individual accounts as well as joint accounts along with investments, retirement plans, and property values.
2. Cancel all joint credit cards. Inform the credit cards companies that you are in the process of a divorce.
3. Keep a record of all expenses incurred during your separation and until the divorce is final especially those expenses involving your children.
4. Do not sign any documents unless reviewed by an family law attorney.

All of these steps are important; however, the most vital step can be hiring an experienced and knowledgeable San Diego Family Law attorney. A skilled San Diego Family Law attorney will be able to inform you of your rights, let you know all of the important steps to take during your divorce proceedings, and help you understand the laws concerning property division in the state of California. At Wallin and Klarich, our San Diego Family Law attorneys will protect your rights, provide you with the best legal advice, and help you through the divorce process. Contact us today.

Ernesto Hernandez Avalos, a 23-year-old day laborer who murdered his boss by repeatedly hitting him with a shovel, then used a pickax to crush his head, was sentenced to 26 years to life in prison. In January of this year, Avalos was hired as a day laborer to work for a landscaping business owned by Woo Sung Park, a 45-year-old father from Rancho Santa Margarita. At a house in Irvine, Avalos reportedly beat Park with a shovel. When police arrived, Avalos still had the shovel in his hands. When police ordered him to drop the shovel, Avalos complied, only to pick up a pickax and deliver a blow to Park’s head, killing him instantly. During his murder trial, Avalos stated he took methamphetamines the morning of the murder and was angry that Park told him he was working too slow. Avalos’ public defender also alleged Avlos was fearful that his boss could attack him.

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. The punishment for murder can range from 25 years to life in prison, life imprisonment without the possibility of parole, or the death penalty.

At Wallin & Klarich, our skilled and aggressive criminal defense lawyers have been assisting those accused of a wide range of crimes, from minor infractions to murder, for more than 30 years. We will determine the best possible defense for your case and work to have the charged against you dismissed, acquitted, or lessened. 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. We will be there when you call.

Actress Lindsay Lohan will be subject to strict drug testing and will have to wear an alcohol testing device following an appearance in court today to address a DUI hearing the actress failed to appear at last week. Lohan cannot drink alcohol and all of her testing must be done randomly and locally, which may force her to delay shooting a new film in Texas. The judge imposed her orders following the actress’ missed court appearance last week, which led to a warrant being issued for her arrest. The warrant was recalled after Lohan’s attorney posted bail and the actress flew from Paris, France, to Los Angeles over the weekend.

A judge issued a warrant for the arrest of Lohan last week after she failed to show up at a mandatory court hearing regarding her probation. The actress was in Paris for the Cannes Film Festival. Her attorney told the judge at the hearing that Lohan had her passport stolen and still tried to board a flight back to Los Angeles, albeit unsuccessfully. Lohan then retained a temporary passport and flew back to Los Angeles over the weekend.

Lohan’s hearing stemmed from a 2007 no contest plea to two counts each of driving under the influence and being under the influence of cocaine, along with a reckless driving charge. Under her plea deal, she was placed on 36 months probation, required to serve a 24-hour jail sentence, complete an 18-month alcohol education program, and perform 10 days of community service. In October 2009, her probation was extended for a year after she missed her mandatory alcohol education classes while she filmed a movie in Texas. She was also told that she must notify the court and get permission before leaving the jurisdiction again.

With a court date coming up it would be a wise decision to remain close to the courthouse. When you fail to appear in court when ordered to do so by the judge, the judge will issue a bench warrant for your arrest.

If you or a loved one is facing drunk driving charges, you need to speak with an experienced DUI attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of DUI cases. Our attorneys are highly knowledgeable and will keep you fully informed of your case. We will fight to get you the best possible result in your case. Call us today at (888) 280-6839. We will be there when you call.

Belinda Exon, the former president of Rehab Financial Services, a Huntington Beach company, plead guilty to the embezzlement of $3.9 million from 23 California cities. Exon’s now-defunct company kept federal housing grant money in escrow meant for city governments for herself to buy land in Arizona and fund two companies for herself.

Exon, who relocated to Phoenix, agreed to a plea agreement in which she pled guilty to one felony count of embezzling money from organizations that receive federal funds. The agreement suggests Exon receive a prison sentence of 3 years and 10 months, and forfeit the property she bought with the embezzled funds. The charge can carry a maximum of 10 years in prison.

According to Exon’s plea agreement, she embezzled than $1,021,000 from San Francisco, $751,000 from Pomona, half a million dollars each from Seal Beach and Huntington Park, and more than $100,000 from Rosemead, Buena Park, and Montebello. Smaller amounts were embezzled from Fullerton, Camarillo, Santa, Cruz, Encinitas, Hemet, and others.

If someone entrusts you with money or property, and you use that money or property for something other than it was originally intended, you are guilty of embezzlement. If you are facing embezzlement charges, your reputation is on the line. Crimes of moral turpitude such as embezzlement can affect your ability to work in places where trust is essential.

It is vital that you have an experienced Orange County criminal defense attorney by your side if you are ever accused of a theft-related crime. At Wallin & Klarich, we’ll guide you through the legal system and get you the best possible result in your case. If you or someone you love has been accused of a crime in California, contact the experienced Southern California embezzlement attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com. We will be there when you call.

California Penal Code Section 211 defines robbery 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. Felonious taking is defined as the illegal taking away of something.

In order to be convicted of robbery the prosecution has the burden to prove that the defendant took property that was not his/her own; the property was taken from another person's possession and immediate presence; the property was taken against that person's will; the defendant used force or fear to take the property or to prevent the person from resisting; when the defendant took the property (he/she) intended to deprive the owner of it permanently or to remove it from the owner's possession for a long period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.

Robbery is divided into degrees: first degree and second degree. First degree robbery is when the robbery is committed against any person who is performing his or her duties as an operator of any bus, taxicab, cable car, street car, trackless trolley, or other vehicle, against a passenger perpetrated on any vehicles used for transportation for hire; committed in an inhabited dwelling house; committed against a person in an inhabited dwelling house; or committed against a person using an ATM. All other robbery is second degree robbery.

Punishment for first degree robbery is punishable by imprisonment in state prison for three (3), six (6), or nine (9) years if the robbery was committed in concert with two or more persons, and the robbery was committed within an inhabited dwelling house.In all other cases of first degree robbery, the punishment is imprisonment in state prison for three (3), four (4), or six (6) years. Punishment for second degree robbery punishable by imprisonment in state prison for two (2), three (3), or five (5) years.

There are many defenses to robbery. The defendant must have formed the intent to take the robbery before or during the time he/she used force or fear. Without the requisite intent, there is no robbery. Additionally, another defense is that there was no force or fear. A defendant can not be convicted of robbery if the defendant did not apply any force or the victim was not afraid during the taking.

For more information, go to www.wklaw.com and read our Robbery section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.

The consequences of being convicted of robbery involve a lengthy jail sentence. With so much at stake it is essential that you speak with an experienced criminal defense attorney before taking any action on your case. Wallin & Klarich has over 30 years of experience defending the rights of our clients. Call us at (888) 749-0034 to learn more about your legal rights. We will be there when you call.

With the versatility and common usage of computers, California has enacted laws to punish crimes associated with the Internet and computers. Internet crime, or cybercrime, is very broad and can include offenses ranging from criminal threats, to child molestation, to theft or fraud. Prosecutors and investigators at both the state and federal level work in conjunction in internet crime investigations to prosecute the full gamut of computer crimes. Some common crimes include:

• Child Pornography – Any act of knowingly producing, possessing, or distributing images depicting minors under the age of 18 engaged in sexual activities is illegal in California. See California Penal Code Section 311.1.

• Crimes Against a Child – It is illegal in California for an adult to contact or attempt to contact a minor under the age of 18 on the internet for the purposes of luring them from their home without parental consent to commit lewd acts with the minor for sexual gratification.

• Identity Theft/ Cyber Fraud – Fraudulently obtaining personal information of another for illegal purposes is prosecuted in California as a theft crime. See California Penal Code Section 530.5.

1. Spoofing: This is a fraudulent activity in which websites or emails attempt to gain an illegitimate advantage by passing themselves off as coming from a legitimate company or website.
2. Phishing: This is the process of attempting to acquire personal information such as usernames, passwords, and credit card information through fraudulent, misleading methods such as spoofing.
3. Credit Card/Bank Account Fraud: This type of fraud occurs when a person uses another person’s credit card or bank account information to make unauthorized purchases online.
4. Computer Hacking: This crime occurs when a person gains access to computer programs or secured websites through unlawful tactics. See California Penal Code Section 502.

• Cyber Stalking – Stalking another person through the computer is punishable in California as stalking. See California Penal Code Section 646.9. Sending threatening, unwanted emails to the victim to the point where they begin to fear for their safety will qualify as cyber stalking. This crime also applies to posts or messages on social website profiles like Facebook or Twitter.

• Illegal Downloading – This crime occurs in situations where copyrighted materials (e.g., movies, music, etc.) are shared or illegally downloaded through file-sharing software without authorization.

Child Pornography
Under California Penal Code Section 311.1, it is a crime in California to produce, distribute, or even possess materials depicting minors engaged in sexual activity.

To be convicted under this statute, the prosecution must show that the defendant produced, possessed, or distributed pornographic materials and that the defendant knew or should have known that the persons depicted were minors under the age of 18.

Although typically charged as a felony, child pornography can also be charged as a misdemeanor offense. Punishment can range from up to 1 year in county jail, to a 3 year sentence in state prison.

Crimes Against a Child
Under California Penal Code Section 288 a crime is committed when an adult touches the body of a child for sexual gratification. The nature of the touching often involves inappropriate touching or fondling of the child’s sexual organs, or other acts of molestation. This crime is often referred to as “lewd acts on a minor under 14” or “acts of lewd or lascivious conduct.”

To convict a defendant of this crime, the prosecution must prove that the defendant willfully touched the body of a child (even if it is over their clothes) with the intent of arousing or gratifying their lust, passion, or sexual desires.

This crime is punishable as either a felony or a misdemeanor. A misdemeanor conviction may bring with it a sentence of up to 1 year in county jail and/or a maximum fine of $1,000. A felony conviction, however, may subject you to 8 years in state prison and/or a fine of $10,000.

Identity Theft/Fraud
Under California Penal Code Section 530.5, it is a punishable crime to use other people’s personal information for unlawful purposes.

To be convicted of this crime, the prosecution must prove that the defendant willfully obtained someone else’s personal identifying information; that the defendant willfully used that information for an unlawful purpose; and that the defendant used that information without consent. An unlawful purpose includes attempts to obtain credit, goods, or services while using the identity of another.

If charged as a misdemeanor, a conviction may bring with it a jail sentence of up to 1 year in county jail and/or a maximum fine of $1,000. A felony conviction may bring with it a sentence of up to 3 years in state prison and/or a fine of $10,000. In addition to criminal penalties, you may also be subject to civil liabilities; the California legislature recently passed phishing crime law that allows victims to recover $5,000 to $500,000 for each violation.

Cyber Stalking
Under California Penal Code section 616.9, any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety is guilty of the crime of stalking – even if it was committed solely with the use of a computer.

To be convicted the prosecution must prove that the defendant committed any of the above-mentioned acts with the intent to cause the victim to fear for his/her own safety. Harassment is defined as an intentional course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes without any legitimate purpose to justify it.

Illegal Downloading
It is a federal crime, rather than a state crime, for any person to willfully violate a copyright. The penalties include a prison sentence that can range from 5 to 10 years as well as heavy fines, depending on the retail value of the copyrighted works (18 U.S.C.S. §2319).

For more information, go to www.wklaw.com and read our Internet Crimes section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.

The consequences of being convicted of an internet crime involves lengthy jail sentence. With so much at stake it is essential that you speak with an experienced criminal defense attorney before taking any action on your case. Wallin & Klarich has over 30 years of experience defending the rights of our clients. Call us at (888) 749-0034 to learn more about your legal rights. We will be there when you call.

It was recently reported that Los Angeles District Attorney Steve Cooley will prosecute medical marijuana dispensaries for over-the-counter sales of marijuana. In Los Angeles County, patients with a doctor’s recommendation can go to a medical marijuana dispensary to purchase their medication.

The number of those purchasing cannabis with a doctor’s recommendation has steadily risen, increasing demand. With the increase in demand, the number of medical marijuana dispensaries in Los Angeles has grown as well. District Attorney Cooley, along with City Attorney Carmen Trutanich, say they will target the nearly 800 dispensaries in Los Angeles that have opened since 2007. According to Cooley, there are more dispensaries in Los Angeles than the rest of the United States.

Advocates of medical marijuana say that prosecutors are misinterpreting the law, and that their actions will likely prevent sick patients from receiving needed medicinal care. Additionally, opponents to the prosecution of medical marijuana dispensaries argue that the District Attorney and City Attorneys should focus on the prosecution of serious and violent offenses, rather than focusing on dispensaries that provide medication to legitimate patients. Trutanich alleges that the dispensaries draw a criminal element, and at least one murder and nearly 200 robberies took place near a dispensary last year.

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

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information. Our attorneys can be reached by phone at 1-888-280-6839 or through our website www.wklaw.com. We will be there when you call.

On May 21, 2010 Wallin and Klarich filed a formal bail motion on behalf of our client who is facing 11 felony counts of burglary and receiving stolen property. The District Attorneys office had demanded $750,000 bail and the initial judge set the bail at $750,000.

However, Wallin and Klarich refused to accept this decision.

All defendants are entitled by law to a bail review hearing within five days of when their bail is initially set. Very few criminal defense attorneys will fight for their clients and demand such a bail review hearing. Wallin and Klarich demanded a bail review hearing for our client. We filed a lengthy written bail motion explaining to the judge why the bail was much too high. We attached several letters of support from our clients family and friends. We had 15 support witnesses come to court today on behalf of the accused. We had each support person stand up and we told the court how long they had lived in our county and what they did for a living.

Finally, we argued to the judge that our client had lived in this county for his entire life and had no history of any violent offenses. We argued he had a good job for many years. Over the prosecutors strong objection the judge agreed and lowered our clients bail to $100,000.

To say the least our client and his family and friends are very happy. Instead of him sitting in jail for many months as we battle his case he will free to return to work and support his family while we fight for him. When our law firm is able to accomplish this for our clients we are so happy. This is the type of criminal defense law firm you need. A law firm that will fight for you or your loved ones freedom.

If you or a loved one has been arrested, it is critical that you speak with an experienced attorney immediately. Call us today at (888) 749-0034 to speak with our attorneys. We will be there when you call.

In United States v. Comstock, No. 08-1224, the United States Supreme Court recently held that the federal government properly has power under the “Necessary and Proper Clause” to enact a civil commitment statute for “mentally ill, sexually dangerous” federal prisoners, maintaining them in custody beyond the expiration of their criminal sentence.

The civil commitment statute, 18 U.S.C. § 4248, requires a federal prisoner who has been convicted of a sexual violent crime to remain in federal custody even after the prison sentence expires if the prisoner is deemed to be sexually dangerous to others. This means that a sex offender can potentially remain in federal custody for the rest of his or her life, even if they finished the prison term that was sentenced.

In Comstock, five respondents challenged the U.S. Department of Justice’s efforts to civilly commit them to federal custody. The respondents prison term was about to end and they were about to be released. The government wanted to keep them in custody pursuant to the civil commitment statute.

Civil commitment is even harsher because the prisoners can be deemed sexually dangerous to others for any reason. The reasons do not have to relate to the federal crime that the prisoner committed. The government need only prove these claims by “clear and convincing evidence.”

California has a similar civil commitment statute under Welfare & Institutions Code Section 6600. The main difference is that the prisoner would be kept under state custody instead of federal custody.

The consequences of committing a sex crime in California are serious. If you commit a sex crime in California, you are at risk of facing state and federal charges. A conviction in either state or federal court could result in you being in custody for the rest of your life.

If you or a loved one is facing a sex crime charge, it is critical that you speak with an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling sex crimes cases. Our attorneys will aggressively fight to defend your rights. We will fight any attempt from the government to keep you in custody pursuant to the civil commitment statute. Call us today at (888) 749-0034 or contact us through our website at www.wklaw.com. We will be there when you call.

In Graham v. Florida, No. 08-7412, the United States Supreme Court held that the Eighth Amendment bars sentences of life without parole for juveniles not convicted of a homicide offense. The Eighth Amendment prohibits cruel and unusual punishment.

In Graham, Graham was 17 years old when he participated with two 20 year olds in an armed and violent home invasion robbery. When he was 16, he had been convicted of participating in an armed burglary and robbery in which a restaurant manager was beaten. That prior offense had a maximum possible penalty of life imprisonment. Graham was given probation. However, after his second offense, the judge revoked his probation and imposed the maximum life sentence for the offense he committed when he was 16. The state of Florida abolished parole, so this means he was sentenced to prison for life without the possibility of parole.

The United States Supreme Court found that sentencing a juvenile to prison for life without the possibility of parole was not proportional for a non-homicide crime. Therefore, this sentence violated the Eighth Amendment and is unconstitutional.

This ruling impacts California law. Before the court’s ruling, California law made it possible for a juvenile to be sentenced to a life term in prison without the possibility of parole for crimes such as kidnapping and robbery. This is now unconstitutional.

If you or a loved one is a juvenile and is facing a criminal charge, it is important that you speak with an experienced juvenile law attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of juvenile crimes. We are constantly researching the law to keep our clients informed with the most up-to-date law that may affect their case. Our clients, no matter how young or old, get the respect and quality representation they deserve. Call us today at (888) 749-0034 or contact us through our website at www.wklaw.com. We will be there when you call.

It was recently reported that authorities are looking for two groups of men that got into a fight which left one man with stab wounds to his body. Authorities reported that a verbal altercation broke out between the groups around 11:30 p.m. inside a T.G.I. Friday's restaurant. The argument precipitated into a violent exchange that spilled into the parking lot. During the brawl, one man revealed a handgun and another had a knife. The man stabbed was taken to a hospital and is in critical but stable condition. Police are still searching for the man who stabbed the victim, who will be charged with attempted murder.

Under California Penal Code Section 21a, an attempt to commit a crime consists of 2 requirements: a specific intent to commit the crime and a direct but ineffectual act done toward its commission. In addition, under California Penal Code Section 187, murder is defined as the killing of a person with malice aforethought. First degree murder is defined as any murder perpetrated by willful or deliberate or by means of a destructive device or by premeditation. See California Penal Code Section 189. Second degree murder is any other kind of murder. On the other hand, if the killing was in self defense or by accident, then he or she may be charged with second degree murder or manslaughter (See Penal Code Section 192).

In addition, punishment for first degree murder is a felony punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 15 years to life.

If you or a loved one is facing attempted murder charges or any other serious homicide crime, contact our Southern California attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients get accused of serious and violent crimes. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

It was recently reported in the OC Register that trial began for the robbery of a Buena Park liquor store. On August 8, 2006, two individuals intentionally shot a liquor store owner and a customer in the head for purposes of avoiding any witnesses to the robbery.
The two alleged robbers were William Deshawn Cartlideg and Neil Deontrai Duffey. The prosecution alleged that the two shot, Mote Malhas, the owner of Sportsman Liquor, at close range and Cesar Castillo, a customer in the store. The two robbers eventually yanked the register from the counter and fled.

Under California law, 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. Any amount of force is enough to qualify as a robbery. In this case, using a handgun is sufficient force to constitute a robbery. More importantly, robbery is punishable based on whether it is first or second degree robbery. First degree robbery is defined as any robbery of any person who is performing his or her duties as an operator of any bus, taxicab, or, streetcar, and every robbery which is perpetrated in an inhabited dwelling house, or any inhabited portion of any other building. Second degree robbery is all other robbery. The punishment for first degree robbery is state imprisonment for three, six, or nine years. Conversely, second degree robbery is punished by two, three, or five years.

If you or a loved one is facing a charge of robbery, it is important that you speak with an experienced Southern California attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of robbery cases. Our attorneys will fully inform you of your options as they navigate through the complex court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.

Domestic violence stories in California often have a common theme. The alleged abuser in someway assaults the alleged victim and the police are called. The alleged victim is upset and is pressured by police to tell them everything that happened. The alleged victim discloses the alleged abuse and the alleged abuser is arrested. After the dust settles, the alleged victim realizes that he or she loves or needs the alleged abuser and the two reconcile. Domestic violence charges are filed by the prosecutor but the alleged victim doesn’t want to prosecute and see the alleged abuser get into trouble. The alleged victim appeals to the prosecutor to drop the case but the prosecutor does not listen. The alleged victim doesn’t cooperate with the prosecutor and the prosecutor threatens to arrest the alleged victim if the alleged victim does not testify.

California domestic violence law changed on January 1, 2009 and it is very important for those involved in domestic violence cases to know the new law. Prior to this law, prosecutors often threatened alleged domestic violence victims with jail time if they refused to testify against their abusers. However, after passage of this law, a domestic violence victim is now protected from the threat of incarceration if he or she refuses to testify against his or her abuser in court. This law ensures that domestic violence victims have the same protections under the law as rape victims who are protected under the “Rape Shield Law.” The Rape Shield Law protects victims from the threat of incarceration when they refuse to testify against their attackers.

Despite the passage of this law, prosecutors continue to threaten domestic violence victims with the prospect of incarceration if they refuse to testify against their abuser. It is important for everyone involved in domestic violence cases in California to know the law and their rights. If you or a loved one is involved in a domestic violence case in California, don’t hesitate to contact an experienced domestic violence attorney at Wallin & Klarich. Call 1-888-280-6839 or visit us at www.wklaw.com to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys today. We will be there when you call.

On May 7, 2010, it was reported that Anaheim authorities had broken up an encampment of about 40 paroled sex offenders, who had parked along a street in front of a parole office in Anaheim. Anaheim is a city in Orange County, California, and as of January 2009, it’s population was approximately 350,000. The city anticipates that the population will surpass 400,000 by 2014 due to rapid development in its Platinum Triangle area, was well as Anaheim Hills. Anaheim, the second most populous city in Orange County, is known as the home of Disneyland, the Anaheim Convention Center, and the Anaheim Angels.

Sex Offender registration, under California Penal Code section 290, is a system in California designed to allow government authorities to keep track of the residence and activities of prior sex offenders, including those who have completed their criminal sentences. In California, information in the registry is made public via a website, or other means, and registered offenders are subject to additional restrictions, including housing. Those on parole, or probation, may be subject to restrictions that don’t apply to other parolees, or probationers. Sometimes these restrictions include restrictions on being in the presence of minors, living in proximity to a school or daycare, or using the internet. What most people don’t know is that certain types of offenders can be removed from having their picture on the internet, if they were convicted of certain types of offense.

At Wallin & Klarich, our knowledgeable and aggressive Anaheim criminal defense attorneys have been defending the rights of those accused of sex offenses for over 30 years. If you, or a loved one, are being accused of a sex crime, 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.

If you write a bounced check in California, you can be criminally prosecuted. Under California Penal Code Section 476(a), it is a crime to write a check knowing that you have insufficient funds and the intent to defraud.

If the prosecution can prove that you knowingly wrote a bad check with the intent to deceive another person out of money or property, you will be convicted. This crime does not require proof that you fabricated a false check or wrote false information. The crime is completed the minute you knowingly write a check for an amount you did not actually have.

A knowledgeable criminal defense attorney can raise certain defenses on your behalf. Depending on the facts of your case, a defense attorney can argue that you did not have the necessary intent to defraud because you reasonably believed that there would be sufficient funds to pay for the check amount. Again, depending on your facts, a defense attorney may also present evidence that you had informed the person receiving the check that you had insufficient funds, thus negating any intent to defraud. Without proof that you had the intent to defraud, the charge will likely be dismissed.

Bad check penalties can include a jail sentence of up to 3 years in state prison if the offense was charged as a felony. You will incur a bad check felony charge if the dollar amount of the check (or checks) you wrote exceeded $450. Any amount less than that will incur a misdemeanor charge, which brings with it a maximum jail sentence of 1 year in county jail.

If you would like to learn more, go to www.wklaw.com and read our “Bad Check” section. There you will find quick and relevant information about what options are available to you if you find yourself charged with writing a bad check.

At Wallin & Klarich, our criminal defense attorneys are well-versed in bad check laws and can help in your defense against bad check charges. We have over 30 years of experience handling bad check cases in California. Allow us to use our skill and knowledge to help you in your case. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

It was recently reported by CBS that Tonya Craft, a Kindergarten teacher charged with 22 counts of child molestation, aggravated sexual battery, and aggravated child molestation, has been found not guilty on all counts. The 37-year-old teacher from Chickamauga Elementary School was accused of molesting three girls between August 2005 and May 2007. Prosecutors alleged that Craft would molest the girls by fondling and digitally penetrating them. Police had arrested Craft at her home, were it was alleged the three girls where molested.

Similarly in California, sexual assault against a minor is a very serious crime. Under California Penal Code section 288(a), it is against the law to for a person to commit lewd or lascivious acts on a child who is under the age of 14 years old with the intent to arouse, appeal, or gratify the sexual desires of the person or of the child. A lewd or lascivious act is defined as any act that constitutes a crime against the person involving sexual assault; for example, unlawful sexual intercourse. Violation of Penal Code section 288(a) is punishable as a felony and will result in state imprisonment. More importantly, under California Penal Code section 290, if a person is found guilty of Penal Code section 288(a), the person will be subject to lifetime sex offender registration. This means that a person, for the rest of their life, while living in California, must register with the local police their current residence and whereabouts. Failure to register will result in severe penalties and imprisonment.

If you or a loved one is facing charges of sexual assault on a minor, contact our Southern California Sex Crimes attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients stay away from lifetime registration and helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

It’s almost never the case in incidents involving involuntary manslaughter that the defendant had intended to kill the victim, but unfortunately a death does in fact occur under the circumstances – even in the absence of any murderous intent. Consequently, the defendant will still face involuntary manslaughter charges as long as the killing was the result of the defendant’s own wrongful conduct or recklessness.

Under California Penal Code Section 192(b), involuntary manslaughter is the unlawful killing that results from an improper use of reasonable care or skill while performing a lawful act, or while committing an act that is unlawful but also not felonious.

To illustrate involuntary manslaughter charges stemming from the failure to exercise reasonable care or skill while performing a lawful act, consider the allegations against Dr. Conrad Murray, who had been Michael Jackson’s personal physician. Murray is charged with involuntary manslaughter for causing the death of the beloved pop star by allegedly treating his insomnia with lethal doses of a powerful anesthetic called propofol.

The issue will revolve around whether administering such a large dose would demonstrate an extreme lack of reasonable care or skill (criminal negligence) on the part of Dr. Murray. Although there is nothing inherently illegal about a doctor administering drugs to a patient, it could be the basis for involuntary manslaughter if it was done in a manner that was drastically unreasonable.

The punishment for involuntary manslaughter include imprisonment for up to four years in state prison. It may also include fines of up $10,000.

Fortunately, there are viable defenses that can help reduce the penalties or dismiss the charge altogether. An experienced criminal defense attorney can formulate and assert these defenses on your behalf. Depending on the facts of your case, your attorney may argue the reasonableness of your actions given the circumstances or claim that the killing was a justifiable homicide (e.g., self-defense, defense of others, etc.).

If you would like learn more about involuntary manslaughter and the options that are available to you if find yourself charged of this crime, visit our website at www.wklaw.com and read our “Involuntary Manslaughter” section.

At Wallin & Klarich, our attorneys have over 30 years of experience in handling involuntary manslaughter cases. They will meticulously analyze the facts of your case and zealously represent your interests to achieve the best possible results. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

It was recently reported in the Orange County Register that a purported gang member is wanted in the kidnapping of his ex-girlfriend. Rudy Castellon, 23, allegedly went to his ex-girlfriend’s parent’s house. The mother refused to let Castellon see her daughter. Castellon is then accused of displaying a handgun and forcing his way into the home. Castellon allegedly pushed the girlfriend down the street. She returned the next day. Castellon is wanted on suspicion of kidnapping.

Under California Penal Code 207, kidnapping is committed when a person forcibly, or by any other means of instilling fear, steal or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county. Kidnapping is punishable by imprisonment in state prison for up to eight years.

If you or a loved one is facing a charge of kidnapping, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling kidnapping cases. Our attorneys will fight to get you the best possible result in your case and to always defend your rights. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

It was recently reported that a person’s prison time can be extended beyond what he or she was sentenced to in order to be committed as a sexually violent predator. David Lucas, a labeled child predator, was in prison serving a seven-year sentence for failing to register as a sex offender and was scheduled for release on parole on October 12, 2008. On December 21, 2007, corrections personnel completed a sexually violent predator screening and determined that Lucas met the criteria as a sexually violent predator. Eleven days before Lucas’s parole release date, the Parole Board placed a 45-day hold on Lucas in order to submit Lucas to a mental evaluation. Lucas challenged his extended hold by arguing that there was no showing of good cause to keep him in custody beyond October 12, 2008.

Under California Welfare and Institutions Code Section 6600, when a person is serving a determinate prison sentence in state prison for a violent sex crime, the State Department of Corrections and Rehabilitations can screen that individual to determine if he or she is a sexually violent predator. If it is determined that the person is a sexually violent predator, he or she will be referred to the Department of Mental Health and evaluated by two psychologists to determine whether or not he or she is likely to be a danger to society if released at the end of his or her prison term. Under Welfare and Institutions Code Section 6600.3, upon a showing of good cause, the Parole Board may place a 45-day hold on the person in order to conduct a mental health evaluation. In other words, a person can be held in custody even after his or her prison term has ended.

Continue reading "How Being Classified As A Sexually Violent Predator Can Extend A Prison Sentence And How an Experienced Southern California Sex Crimes Attorney Can Help You – California Welfare Institutions Code 6600 and 6601.3" »

The Social Security Administration (“SSA”) implemented a policy seeking to prevent people from using government benefits if they are fleeing from arrest. However, rather than trying to seek out individuals who were actually fleeing from prosecution, SSA used a computer matching system that matched names in warrant databases to those at SSA. Unfortunately, many of these suspensions involved false or unproven allegations, minor infractions or long-dormant arrest warrants. Despite the fact that regulations provide for an appeal process, individuals were inaccurately informed that they could not appeal.

Under the new law, the Social Security Administration has stopped suspending or denying benefits due to the mere existence of a warrant. Now, it can suspend or deny benefits based on outstanding felony arrest warrants only for the crimes of (1) flight to avoid prosecution or confinement, (2) escape from custody, or (3) flight-escape.

However, the law does not apply to persons whose benefits were denied or stopped because of an arrest warrant due to a parole or probation violation.

In addition, if your Social Security, Supplemental Security Income (SSI), or Special Veterans Benefits (SVB) were suspended due to a felony arrest warrant, the new law may offer you financial compensation. The Social Security Administration agreed to repay more than $500 million in benefits that were unlawfully withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007.
http://www.wklaw.comhttp://www.wklaw.com

Continue reading "Denial of Social Security Benefits Due to Arrest Warrant" »

On May 7, 2010, it was reported that the Chula Vista District Attorney's Office is reviewing a complaint that Chula Vista Police Chief David Bejarano wrote fraudulent checks on a private security firm's account that he co-owns. Chula Vista, home of one of the few year-round United State Olympic Training Centers, is the second largest city in the San Diego metropolitan area, as well as the 7th largest city in Southern California. It is found in the South Bay region of San Diego County, and is located just 7 miles from downtown San Diego, and 7 miles from the Mexican border.

In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual. With this definition in mind, check fraud refers to a category of criminal acts that involve making the unlawful use of checks in order to illegally acquire funds that do not exist within the defrauder’s legal ownership. As fraud can be committed through many media (mail, wire, phone, or even the internet), and because fraud has many elements to prove, it is easy to see how many people may be confused when trying to understand the evidence being used against them when they are being charged with a crime such as this.

Unfortunately, many Californians are falsely accused of this very serious offense every day. False accusations can cause irreparable harm to one’s life. The good news is that skilled Chula Vista fraud defense lawyers know the most effective strategies to expose false allegations, and to protect their client’s rights. At Wallin & Klarich, our knowledgeable and aggressive Chula Vista criminal defense attorneys have been defending the rights of those accused of fraud offenses for over 30 years. If you, or a loved one, are being accused of a fraud crime, 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.

On May 6, 2010, it was reported that a robbery occurred in the city of Glendale at Community Bank when a petite girl in her late teens made off with an undisclosed amount of money. Glendale, bisected by the Verdugo Mountains, is famous for having helped, in conjunction with Burbank, father the emerging age of aviation, and is home to the now retired Grand Central Airport. Glendale is also home to the Forest Lawn Memorial Park Cemetery, which contains the remains of many celebrities and local residents.

Robbery is the crime of taking or attempting to take something of value by force or threat of force, and/or by putting the victim in fear. There are many ways a robbery can occur. For instance, there is normal robbery (which does not involve the use of any weapon), armed robbery (which involves the use of a weapon), aggravated robbery (which involves the use of a deadly weapon or something that appears to be a weapon), mugging (which takes place outside and in a public place), carjacking (the act of stealing a car from a victim by force), and extortion (the threat to do something illegal, or the offer to not do something illegal, in the event that goods, or money, are or are not given). Since the seriousness of these different types of robberies varies, the sentence that a person can be exposed to will also vary. This is why it is important to hire a law firm that is familiar with robbery offenses, and the sentences that go along with them.

At Wallin & Klarich, our knowledgeable and aggressive Glendale criminal defense attorneys have been defending the rights of those accused of robbery offenses for over 30 years. If you, or a loved one, are being accused of robbery, 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.

A recent report from the American Civil Liberties Union (ACLU) alleges that jail inmates in Los Angeles County Men’s Central Jail are routinely subject to brutal beatings at the hands of jail guards and fellow inmates. The report was based on interviews with inmates, relatives, and other sources. Many are now calling for the closure of the facility after explicit details of the report emerged.

Some stories highlighted in the report include one county jail inmate who was beaten while handcuffed and had both ankles broken after being repeatedly struck by a group of deputies with their flashlights. A sex offender in the jail alleged deputies purposely placed him in the general population, and as a result, was beaten by fellow inmates to the point of passing uncontrollable bowel movements. Mary Tiedman, one of the report’s authors, stated she regularly sees prisoners with black eyes, broken bones, and boot marks on prisoners’ bodies, indicating the injuries were caused by jail guards, who are the only people in the jail permitted to wear hard shoes.

The Los Angeles County Men’s Central Jail opened in 1963 and is the largest of its kind in the United States. Allegations of excessive abuse by deputies date as far back as 1975. The ACLU has been monitoring the jail since 2006, when the organization was appointed to do so by a judge. Los Angeles County Sheriff Lee Baca also endorses the closing of the jail. The Los Angeles Board of Supervisors is said to be close to approving such a move.

If a loved one is currently serving time in this jail facility or any other jail facility in Southern California, it is important to ensure that they are not being violated by the system. Inmates should be able to be supervised in jail without beatings from officers or fellow inmates and be eligible to have their sentences reduced after considerations to time served, good behavior, and other factors.

If you or a loved one is facing time in jail or a loved one is currently serving time in jail, contact the Southern California criminal defense attorneys at Wallin and Klarich. Wallin & Klarich will help ensure your rights are protected and you will not face jail time, or have your jail time significantly reduced. For over 30 years, our attorneys have been helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our websites at www.wklaw.com. We will be there when you call.

It was recently reported that Lawrence Taylor, better known as “LT” during his playing days as an NFL linebacker for the New York Giants, was arrested and charged with felony third-degree rape and misdemeanor patronizing a prostitute in New York. In New York, third-degree rape involves sex with a minor below the age of 17. Taylor is facing a total of five years in prison if convicted of both sexual assault charges.

Taylor spent his entire NFL career with the New York Giants from 1981 to 1993. He is credited with revolutionizing the defensive game in the NFL, earning 10 Pro-Bowl selections, two Super Bowl championships, and countless individual accolades throughout his 13 years in the NFL. He was elected to the NFL Hall of Fame in his first year of eligibility and had his #56 retired by the Giants.

However, Taylor’s life has been plagued by trouble for more than half his life. He admitted to being addicted to cocaine since his second year in the NFL, back in 1982 and acknowledged he was a patron of prostitutes since his playing days. After he retired in 1992, he was spending thousands of dollars per day on cocaine, leading to two trips to rehab in 1995. Despite his attempts to stay sober, he was arrested twice for trying to buy cocaine from undercover officers. However, he was believed to be clean and sober since 1998. His newfound sobriety earned him endorsements from nutrition companies such as Nutrisystem and appeared as a contestant on Dancing with the Stars in 2009, endearing himself to the public. However, in light of his recent arrest, he was dropped as a spokesperson for Nutrisystem.

If you or a loved one has been convicted of a sex crime and is facing time in state prison, contact the Southern California criminal defense attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our websites at www.wklaw.com and www.wksexcrimes.com. We will be there when you call.

On May 1, 2010, the country was tense as it was revealed that a SUV filled with explosives was driven into the heart of New York’s Times Square. The act of terrorism could have endangered the lives of hundreds of people. Fortunately, the explosives failed to detonate. 53 hours later, the FBI arrested the suspected perpetrator, Faisal Shahzad, an American citizen from Pakistan, moments before his flight bound for the United Arab Emirates (with the ultimate destination being Pakistan) was set to take off. Charges have yet to be filed because the investigation is still ongoing.

Shahzal arrived in the United States in 1997 under a student visa, where he eventually earned Bachelor’s and Master’s Degrees from the University of Bridgeport, located in Bridgeport, Connecticut. He then worked as an accountant and financial analyst for companies around Connecticut. In 2008, he married Huma Asif Mian, an American citizen, and in 2009, he was granted American citizenship. Before the attack, he had undergone financial hardship, with his home going into foreclosure. In July 2009, he and his family moved to Pakistan, where he was believed to have taken part in a terrorist training camp. He returned to the United States in February 2010 and carried out his terror plot two months later.

This was a case of domestic terrorism. Because he is an American citizen, Shahzad will face federal charges under the traditional American court system. With the investigation still underway and Shahzad cooperating with investigators, charges have yet to be filed.

If you or a loved one is accused of a crime, it is important that you call an experienced attorney at Wallin & Klarich immediately. Our attorneys have the skill and expertise to provide you with the best possible defense. The experienced Los Angeles defense attorneys at Wallin & Klarich have over 30 years of experience handling all types of cases, including those charged with federal crimes. We know what to look for and we have the knowledge to get to the heart of the matter. Our attorneys can be reached by phone at 1-888-280-6839 or through our website at www.wklaw.com. We will be there when you call.

It was recently reported that a person’s prison time can be extended beyond what he or she was sentenced to in order to be committed as a sexually violent predator. David Lucas, a labeled child predator, was in prison serving a seven-year sentence for failing to register as a sex offender and was scheduled for release on parole on October 12, 2008. On December 21, 2007, corrections personnel completed a sexually violent predator screening and determined that Lucas met the criteria as a sexually violent predator. Eleven days before Lucas’s parole release date, the Parole Board placed a 45-day hold on Lucas in order to submit Lucas to a mental evaluation. Lucas challenged his extended hold by arguing that there was no showing of good cause to keep him in custody beyond October 12, 2008.

Under California Welfare and Institutions Code Section 6600, when a person is serving a determinate prison sentence in state prison for a violent sex crime, the State Department of Corrections and Rehabilitations can screen that individual to determine if he or she is a sexually violent predator. If it is determined that the person is a sexually violent predator, he or she will be referred to the Department of Mental Health and evaluated by two psychologists to determine whether or not he or she is likely to be a danger to society if released at the end of his or her prison term. Under Welfare and Institutions Code Section 6600.3, upon a showing of good cause, the Parole Board may place a 45-day hold on the person in order to conduct a mental health evaluation. In other words, a person can be held in custody even after his or her prison term has ended.

If you or a loved one has been convicted of a sex crime and is facing time in state prison, contact the Southern California sex crimes attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy to prevent you from being civilly committed as a sexually violent predator. For over 30 years, our attorneys have been helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our websites at www.wklaw.com and www.wksexcrimes.com. We will be there when you call.

At Wallin & Klarich, we handle a number of child molestation cases. If you or a loved one is charged with child molestation, it is important to speak with an experienced attorney who is knowledgeable on child molestation laws. The statute of limitations does not bar the defendant’s prosecution on child molestation charges under Section 288 charges because the one-strike provision of Penal Code Section 667.61 makes this offense punishable by life imprisonment. This allows the prosecution to still charge the crime even if it has passed the six-year statute of limitations. (People v. Perez, (Feb. 24, 2010, No. H033386.) The court held that section 667.61 is not an enhancement but is an alternate penalty scheme that, when charged, defines the length of imprisonment for the substantive offense.

In Perez, the defendant was charged with four counts of committing a lewd or lascivious act on a child by force or fear in violation of Penal Code section 288(b)(1) that occurred fifteen years ago. Each of the four charges named a different victim. The information also alleged that the defendant fell under the alternative and more severe punishment scheme set forth in Penal Code section 667.61. The jury found him guilty of three counts of section 288(b)(1), and the court sentenced the defendant to 45 years to life in a state prison. On appeal, the defendant argued that since section 288(b)(1) was punishable by imprisonment for eight years or more, his prosecution should have been commenced within six years after commission of the alleged offenses.

The court found that Penal Code section 799 provided that when an offense was punishable by death or imprisonment in state prison for life, the defendant’s prosecution for such offenses might be commenced at any time. Although the maximum punishment for a violation of section 288(b)(1) was eight years in prison, the offender who suffered his conviction pursuant to an alternative penalty scheme under section 667.61(e)(5) against more than one victim was subject to a life sentence. Thus, he was subject to the life-term provision of Penal Code section 799, and it was permissible to commence a criminal prosecution fifteen years after he committed these crimes.

It is essential to contact an experienced criminal defense attorney who can provide clarity and quality representation in your sentencing matter. Wallin & Klarich has over 30 years of experience in handling child molestation cases. Call (888) 280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced child molestation attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.

It was recently reported that a missing 11-year-old Chatsworth boy was found safe after being reported missing the night before. Cody Burton went missing at 6:40 on a Sunday night after taking out the trash. He did not return to his apartment complex and did not have contact with his mother the rest of the night. Burton’s mother called the police when her son did not return, fearing he had been kidnapped. The next day, it was learned that he had walked to a friend’s house in Woodland Hills and spent the night. The boy is believed to be safe and unharmed. There is no evidence that a kidnap took place.

Kidnapping in California is regulated by California Penal Code Section 207, which defines kidnapping as the use of force or fear to take a person and move him or her a substantial distance. The punishment for a kidnapping conviction in California is up to eight years of state prison, which can increase if there was injury or abuse to the victim, if the victim was a child, or if the kidnapping was done to facilitate another crime.

If you or a loved one has been accused of kidnapping, it is important that you talk to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys will work with you to present the best possible defense for your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

California passed Proposition 215, the Compassionate Use Act (“CUA”), in 1996. The CUA allows patients and caregivers to possess and cultivate marijuana for the purpose of medical treatment. Despite the federal government’s continued ban on the possession of marijuana, the California state legislature enacted Health and Safety Code 11362.5 because of Proposition 215.

Sometimes law enforcement will happen upon a medical marijuana card that was issued, say a couple of years prior. Some police officers may assume that the card has since expired, and that the possessor no longer qualifies under the CUA. However, a medical marijuana recommendation does not expire. People v. Windus, 165 Cal.App. 4th (2d Dist. 2008). Windus essentially reasoned that a prescribing doctor cannot and should not presume to know when the patient’s (or caregiver’s) need for the marijuana will subside altogether. Some doctors will issue a medical marijuana card with a set expiration date. Arguably, per Windus, the expiration date set by the doctor should not automatically disqualify the patient under the CUA. Of course, this does not mean that once a person is issued a medical marijuana card he can legally possess marijuana in California for the rest of his life. The CUA still limits the legal possession of marijuana to what is reasonably required for the patient’s current medical needs.

A physician may issue a medical marijuana card to anyone whose “health would benefit from the use of marijuana” in the treatment of any illness.” The code actually lists eight separate illnesses that can legally be treated by marijuana, but then adds the catchall phrase, “or any other illness for which marijuana provides relief.” H&S Section 11362.5(b)(1)(A).

The CUA did not limit the amount of marijuana that a patient or caregiver could possess. The legislature set a limit in the Medical Marijuana Program (MMP), a law codified in Health and Safety Code 11362.7. The MMP allows a qualified patient or primary caregiver to possess no more than eight ounces of dried marijuana flowers per patient. H&S 11362.77(a). In addition, the individual may possess up to 6 mature marijuana plants or 12 immature marijuana plants. However, if the patient or caregiver has a recommendation from a doctor indicating that eight ounces is insufficient for the individual’s needs, the individual may have possessed an amount of marijuana consistent with his or her needs. H&S 11362.77(b).

If a defendant charged with a felony can prove that he is a qualified medical marijuana patient or caregiver, the prosecution should dismiss the charges against him before trial. If the case goes to trial, the defendant does not have the burden of proving by a preponderance of evidence that he is a qualified patient under CUA as an affirmative defense. Instead, the defendant need only raise a reasonable doubt that he is guilty of the crimes charged. See People v. Mower 28 Cal.App. 4th 634 (2008).

Continue reading "California’s Compassionate Use Act – Medicinal Marijuana – California Health & Safety Code Section 11362.5" »