Southern California Defense Blog

Alex Da Silva, a well-known dancer and choreographer is best known for his is work on the television show ‘So You Think You Can Dance’. Da Silva was arrested at his Los Angeles home on muliple allegations of Penal Code 261 rape. Four of Da Silva’s former dance students have made rape allegations against the choreographer.

Da Silva has previously been accused of sexually assaulting three women. However, at the time those allegations were made, the District Attorney’s office failed to prosecute him, claiming there was insufficient evidence.

Rape is codified under California Penal Code Section 261, which states the rape is an act of sexual intercourse accomplished against a person’s will, when the person is unconscious, or in circumstances where the person is incapable of giving consent. In California, the punishment for a conviction of rape is up to eight years in prison.

If you or a loved one has been arrested, it is imperative that you hire an aggressive, experienced Los Angeles rape defense attorney. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

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

Former reality show judge Shane Sparks faces eight counts of PC 288, lewd conduct in Los Angeles County. Sparks, who prior to being arrested on charges, was a judge on the television dance competition ‘America’s Best Dance Crew’.

Sparks is charged with eight counts of lewd acts with a child under the age of 14. California Penal Code Section 288 states in pertinent part that “any person who willfully and lewdly commits any lewd or lascivious act…upon or with the body, or any part or member thereof, of a child who is under the age of 14 years…is guilty of a felony.

The punishment for a conviction on one count of lewd acts, under 288, is eight years. In addition to any imprisonment, a person convicted of California Penal Code Section 288 will be require to register a sex offender for the duration of their lives.

Sparks has denied the charges against him and has stated that he will soon be vindicated, and is ready to “take over the dance world”.

If you or a loved one has been arrested, 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. 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 877-749-0034 or go to our website at www.wklaw.com for more information.

California Penal Code 187 - Murder

On October 13, 2010, police allege that a mother stabbed her two 3-year-old daughters to death, attempted to commit suicide, and set fire to her apartment to try to cover up her daughters’ deaths.

On October 12, after responding to reports of a late night fire, firefighters arrived at the mother’s apartment and subdued the flames. They found the daughters’ bodies inside the apartment. The mother, Monica McCarrick, 28, was also inside the apartment with what police suspect to be self-inflicted stab wounds.

McCarrick was taken to a local hospital and is expected to recover from her injuries. When she is released, she is expected to be charged with murder, child abuse resulting in death, arson, and destruction of evidence.

Under P.C. 187, “murder is the unlawful killing of another human being. . .with malice aforethought.” Murder committed with premeditation and deliberation is first degree murder, which is punishable by 25 years to life in prison, life in prison without the possibility of parole, or the death penalty. (P.C. 189, P.C. 190(a).)

Under P.C. 273a, “any person who, having the care or custody of a child who is under eight years of age, assaults the child by means of force likely to produce great bodily injury, resulting in the child’s death, shall be punished by imprisonment in the state prison for 25 years to life.”

Under P.C. 451, arson is the willful and malicious burning or setting fire to any structure, forest land, or property. Arson of an inhabited dwelling is a felony punishable by two, four, or six years in state prison. (P.C. 451(b).) Arson that causes great bodily injury is punishable by five, seven, or nine years in state prison. (P.C. 451(a).)

Under P.C. 135, a person who willfully and intentionally conceals or destroys anything thing or matter to be produced in a court proceeding is guilty of destruction of evidence, a misdemeanor punishable by up to six months in jail.

If you or someone you know has been accused of a homicide, child abuse, or other serious felony, you will need an experienced Southern California criminal defense attorney who will vigorously represent you and explore every possible defense. For over 30 years, Wallin & Klarich has helped people accused of a variety of criminal matters, including murder, child abuse, arson, and destruction of evidence. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

A man accused of biting out his 4-year-old son’s eye while allegedly high on PCP, pleaded “not guilty” on Monday by reason of insanity.

On April 28, 2009, 34-year-old Angelo Mendoza of Bakersfield had chained himself naked to a tree and was trying to hack his own leg off with a pickax when police responded to the scene.

Before police arrived, concerned neighbors went to Mendoza’s apartment to check on his young son. Inside, they found Angelo Mendoza, Jr. naked and bleeding. According to police reports, the boy had numerous bites on his hands and his eyes were swollen shut.
Doctors said the boy’s left eyeball and muscles where completely missing and his other eye was mutilated beyond repair. The boy told doctors, “My daddy ate my eyes out.”

According to police reports, Mendoza Sr. appeared to be under the influence of PCP when he was arrested on charges of torture, aggravated mayhem, and cruelty to a child. The jury trial is set to begin on November 22.

The crime of torture in California is defined in Penal Code Section 206 as the infliction of great bodily harm on another person with the specific intent to cause cruel or extreme pain. A conviction under Section 206 carries with it a maximum fine of $10,000 and a life sentence in state prison.

Mayhem, a felony under California Penal Code Section 203, punishes the act of maliciously disfiguring or disabling another person’s body. If convicted of mayhem, the penalties include incarceration in state prison for up to eight years and/or a maximum fine of $10,000. However, “aggravated” mayhem under Penal Code Section 205 imposes a life sentence for offenders who exhibit an extremely reckless disregard for the physical and mental well-being of the victim.

Under California Penal Code Section 273d, the crime of child abuse in the form of intentional physical injury directed at a minor is a crime that is punishable either as a misdemeanor or a felony. Merely spanking the child is not enough – it requires “cruel or inhuman corporal punishment” or injuries that results in a “traumatic condition.” A misdemeanor conviction may result in imprisonment for up to one year in county jail, but a felony conviction is punishable by imprisonment for up to six years in state prison.

If you are facing charges involving torture, mayhem, or child abuse, it is imperative that you seek the legal representation of an experienced California criminal defense attorney. At Wallin & Klarich, our Southern California attorneys have been in practice for over 30 years. We will work hard in raising the best possible defense in your case to ensure that your rights are adequately protected. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.

An Indiana woman wanted in connection with a hit-and-run accident that killed a Greenfield police officer turned herself in on Monday, claiming that she had been distracted by her three children who were in the car at the time.

61-year-old Sue Ann Vanderbeck of Indianapolis told police that on September 28, the accident occurred when she was driving home after midnight from her late mother’s home in Cambridge City with her three children: a 4-year-old boy with autism and two 15-month-old twins. Vanderbeck said she was traveling westbound on U.S. 40, singing to and looking back at her 4-year-old son who was reportedly difficult to keep calm, when she swerved to avoid an unknown object in the roadway.

The right fender of Vanderbeck’s van struck what she determined to be a bicycle. When she looked back, Vanderbeck said she saw two other men on bicycles assist the man she had hit. Vanderbeck told police that she decided not to stop because she had her children were with her.

When she arrived home, Vanderbeck said she told her husband what had happened. Judging from the small amount of damage sustained by the van, they both reasoned that no one could have been seriously injured and agreed to call the police in the morning. Before going to bed, Vanderbeck saw a news report about Officer Will Phillips, 32, who was hit and killed during a training exercise on U.S. 40 near the Henry-Hancock county line.

Believing that she was involved in that accident, Vanderbeck told police she and her husband decided to call their attorney in the morning to determine when and how to turn herself in to police.

Based on Vanderbeck’s statements, the prosecutor does not believe that Vanderbeck was under the influence of drugs or alcohol at the time of the crash.

Leaving the scene of an automobile accident that results in death or injury without identifying yourself or providing reasonable assistance is a punishable offense in California under Vehicle Code Section 20001. Under this law, if you are involved in an accident that results in death or injury to another person, you are obligated to stop your vehicle, provide your identifying information, provide reasonable assistance to the injured party, and notify police if none have arrived on the scene.

A failure to do so may result in a hit-and-run conviction that may result in imprisonment for up to one year in county jail or up to four years in state prison if injury/death results. A fine between $1,000 and $10,000 may also be imposed.

If you are facing hit-and-run allegations, it is imperative that you contact an experienced California criminal defense attorney who can aggressively defend your rights. At Wallin & Klarich, or Southern California attorneys can help you raise the best possible defense in your case. Call us today at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.

On October 5, 2010, Alejandro Hernandez Rivera, 24, was found guilty of first degree murder for strangling a retiree as part of a plan to steal the retiree’s expensive flute collection.

Rivera worked as a janitor by day, but prosecutors alleged that he also advertised his services as a prostitute on Craigslist. Theodore Neff, 66, was one of his regular clients.

In 2008, Rivera allegedly murdered Neff, set fire to his house, and stole his collection of solid gold and silver flutes. During trial, Rivera argued that he killed Neff after Neff told him he may have been exposed to HIV.

Rivera faces a maximum sentence of 28 years to life in prison.

Murder is the unlawful killing of another human being with malice aforethought. PC 187(a).) First degree murder exists when a person commits murder with premeditation and deliberation, or under certain circumstances such as by poison or drive-by shooting. (P.C. § 189.) First degree murder is punishable by 25 years to life in prison, life without the possibility of parole, or the death penalty. (P.C. § 190(a).)

If you or someone you know has been accused of murder, you will need an experienced Southern California criminal defense attorney who will aggressively defend you against the most serious crime in the state’s penal code. At Wallin & Klarich, we have helped people accused of murder for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

Superior Court Judge Anthony J. Mohr is skeptical about the propriety of several provisions in LA’s new marijuana laws. Mohr expressed his concerns at a hearing last Tuesday for lawsuits filed by collectives and patients challenging the constitutionality of the city’s new law.

Especially perplexing to Mohr is a provision that requires collectives – many of them marijuana dispensaries that supply pot for “donations” – to make patient lists openly available to law enforcement without search warrants.

“That makes me very nervous,” the judge lamented. “If I am a patient, that [recommendation] is as private as any document in my doctor’s office. How can you say this does not violate my right to privacy?”

In the provision’s defense, Deputy City Attorney Jane E. Usher said the provision is necessary to deter distribution of medical marijuana for illegal purposes. Mohr remained unconvinced.

Possession of marijuana, if not for medicinal purposes, is a criminal offense in California under Health and Safety Code Section 11357. A conviction under this law may result in imprisonment in county jail for up to six months if you were in possession of more than 28.5 grams of marijuana. In most cases, however, you may not get a jail sentence, but will likely pay a fine between $100 and $500.

If you qualify, your attorney may also be able to arrange for you to enter a drug diversion program that may allow the court to dismiss the charges against you upon successful completion of an applicable rehabilitation program. This means you can avoid jail time and a conviction on your criminal record.

If you are facing marijuana possession charges, it is very important that you seek the expertise of a skilled drug defense attorney who can help you avoid conviction. At Wallin & Klarich, our Southern California Attorneys have over 30 years of experience in handling drug possession cases and will work hard to present the best defense for you. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.