Southern California Defense Blog

A new law will take effect on January 1, 2011 that will grant individuals the opportunity to expunge their record for certain infractions. Although an infraction is a less serious crime than a misdemeanor, it is a blemish on your criminal record that may have a negative effect on your educational or employment opportunities. The new law provides a chance for defendants convicted of any infraction (except motor vehicle infractions) to seek to have the charge dismissed and for the accused to be released from all penalties and disabilities resulting from their offense.

If you were previously convicted for an infraction, you may be eligible under Penal Code § 1203.4a to file a petition to have your record expunged. If you or a loved one is in need of cleaning up your record, it is important that you talk to an experienced criminal defense attorney. At Wallin & Klarich, our Southern California expungement attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys are aggressive and have extensive knowledge of the law. Our attorneys are committed to helping those who find themselves in theses situations. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

California law prohibits the possession of certain controlled substances or other illegal drugs for the purposes of sale. Such drugs include hydrocodone, PCP, cocaine, heroin, morphine, and codeine.Under California Health and Safety Code Section 11351, being in possession of drugs with the intent to sell them is a felony offense. A conviction can result in a two, three, or four-year prison sentence.A violation of HS 11351 is different from a simple possession offense (under California Health and Safety Code Section 11350) because the allegation not only includes unlawful possession but also the illegal intent to sell the drugs in possession. As a result, being in possession of drugs for the purpose of selling them is a more serious crime that is not eligible for any kind of drug rehabilitation program such as PC 1000 or Prop 36.When you are arrested for illegal possession of drugs, the intent to sell arises from an inference the police make when considering the circumstances of the arrest. You may be further accused of having the intent to sell if:

• You were caught with a quantity of drugs that is larger than necessary for personal use,


• The drugs were individually packaged for sale,


• Police found a weight scale, business records, or other items associated with sale purposes,


• There is an absence of drug paraphernalia – such as a pipe – that would indicate personal use,


• And a number of other circumstances that would suggest an intent to sell the drugs in possession.

After you are arrested, you will be taken into custody where you will remain until your arraignment court date. However, if you can post bail, you will be released from police custody until your arraignment. It is possible to sufficiently post bail by paying up to 10% of the total bail amount, which can be done through a bail bondsman.If you are unable to post bail, you arraignment date will be scheduled within two court days after the arrest date. However, if you are released early by posting bail, your arraignment may be continued to a later date. This can afford you up to three months to find a criminal defense attorney who can help you through this matter.With an attorney on your side, you can significantly increase your chances of getting a reduced charge, a lenient sentence, or an outright acquittal. The earlier you obtain an attorney, the better your chances. For example, an attorney can negotiate with the prosecution about possibly reducing the charge to a lesser crime or dismissing your case altogether before it is even filed.If you are still required to appear at your arraignment, your attorney will also be there with you to advise you on the best plea for you to enter. Typically, the best plea to enter is "not guilty" or a request for a continuance in order to further assess the case and review the evidence. You would not have to appear at all to any court appearances if your attorney had been able to negotiate your possession charge down to a misdemeanor offense. This is a huge benefit because it means you would not have to take time away from work or school to wait at a courthouse to stand before a judge.After the arraignment, the court will normally schedule a pretrial hearing where your attorney will negotiate with the prosecution to bring about a beneficial resolution for both sides. Even if your attorney may not be able to negotiate a full acquittal, if he/she can reduce the charge to a misdemeanor possession charge, you will be eligible for a drug diversion program, which also leads to a full dismissal.To learn more about the process following an arrest, please visit us online at www.wklaw.com and click on "Criminal Process."If you are arrested for illegally possessing drugs with the intent to sell them, it is very important that you seek the knowledge and expertise of a skilled criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible results in your drug possession matter. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Grand theft charges are typically based on Penal Code 487. Most commonly, the crime of grand theft happens when a person steals personal property valued at over $400. Such personal property typically includes retail products such as DVDs and clothes, food, checks, cash, and household items.

Prosecutors can bring grand theft charges are various theories. The most common theories are larceny and trick. Larceny is when someone takes property with the intent to deprive the owner of it permanently or for a sufficient length of time as to deprive the owner of a major portion of its value or enjoyment. Grand theft by trickery is when someone tricks an owner into giving up possession of an item.

Grand theft is included in such crimes as shoplifting, embezzlement, check fraud, and grand theft auto. Wallin & Klarich has defended people accused of grand theft charges for decades and we have helped thousands of clients. We can help you too. Give us a call today.

A 47-year-old man was arrested in Pueblo, Colorado for obscenity charges in Florida stemming from authoring and self-publishing a "how-to" guide for pedophiles.

Philip Greaves was arrested on charges of distributing obscene materials depicting minors engaged in harmful conduct. His book, The Pedophile's Guide to Love and Pleasure: A Child-Lover's Code of Conduct, first went on sale earlier this year on Amazon.com despite vast public outcry and boycott threats from the website’s users. The book was later taken off the site in November.

According to sources, the book contains a "how-to" guide for committing acts of sexual battery against children. Among the topics covered in the book include advice on safe sex, avoiding injury to children, grooming and preparing children for sex, and teaching children how to lie to their parents. Its pages also allegedly feature specific examples and illustrations depicting nine and thirteen-year-old boys.

Greaves was arrested after undercover detectives from Polk County, Florida purchased a copy of the book and later received it in the mail. He will have to be extradited to Florida in order to face charges. Although the publication of the book is protected under free speech laws, it is a violation of a Florida obscenity statute that prohibits depicting children in a "harmful relationship."

Beneath the obscenity charges in this case is the underlying crime of sexual conduct with a minor. Although not in itself a violation of California Penal Code Section 288, the Greave’s book does instruct and encourage acts of lewd acts with a minor. This code section punishes any kind of sexually motivated touching or molestation of a child under the age of 14 years. Depending on the circumstances, it can be punished as a felony or misdemeanor with punishments ranging from up to one year in county jail to eight years in state prison.

In circumstances in which the victim is older than 14 but still a minor under 18 years of age, California Penal Code Section 243.4 may be applicable because it is a "sexual battery" charge that does not limit itself to a particular age group. It simply alleges that the accused had touched the body of another without consent for sexual arousal or gratification.

A sex crime involving a minor is a serious matter. A conviction will not only bring about a jail sentence, it may also trigger a lifetime obligation to register as a sex offender in California (California Penal Code Section 290). Protect your rights with the aid and assistance of an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and will work diligently to provide you with quality legal services you can trust. Call us today at 877-230-1528 or visit us online at www.wksexcrimes.com. We will be there for you when you call.

In California, a hit and run occurs when a driver of a motor vehicle knowingly leaves the scene of an accident without identifying themselves to the other party or parties involved. The severity of the penalty depends on whether the accident resulted in damage to property or death or injury to any persons involved.

If the accident only resulted in damage to property such as the vehicles involved in the accident or any surrounding structures, the hit and run charge can be a misdemeanor offense under Vehicle Code Section 20002. However, if the accident resulted in death or injury to persons involved, the hit and run will likely be charged as a serious felony under Vehicle Code 20001.

A conviction for a felony hit and run involving death or serious, permanent injury may result in a two, three, or four-year sentence in state prison and/or a maximum fine of $10,000. If convicted of a misdemeanor hit and run offense in which only property damage results, the penalties include a sentence of up to one year in county jail and/or a maximum fine of $1,000. Under applicable circumstances, the penalties may also include restitution to the victims, which entails paying for the injuries or damages.

What you do as a driver of a motor vehicle following an accident is very important for avoiding a hit and run charge. California law requires you to stop your vehicle immediately, provide your name and current residential address, and produce your driver’s license or any other form of identification upon request.

If a person is injured as a result of the accident, you must render reasonable assistance including transporting (or making arrangement for transporting) the injured person to a hospital for medical treatment. In accidents that results in death, you must report the accident, without delay, to the nearest law enforcement agency and provide the aforementioned information if police are not already at the scene. Fleeing the accident involving a death can also add an additional five-year prison term to any vehicular manslaughter conviction under Penal Code Sections 191.5 or 192.

A hit and run charge is a serious matter that should be handled with the knowledge and expertise of an experienced criminal defense attorney. A court may decide to reduce or completely eliminate the minimum imprisonment or fine in the interest of justice or in light of certain factual circumstances in your case. This may be achieved, for example, if your defense attorney can argue that you were not the driver at the time of the accident or that you did not willfully fail to stop your vehicle after the accident.

At Wallin & Klarich, our Orange County attorneys have amassed over 30 years of practice experience in handling hit and run cases and will put that experience to use in defending you in your case. We will work to defend your rights and ensure that the best possible defenses are raised on your behalf. Call us today at 877-466-5245 or visit us online at www.wklaw.com We will be there for you when you call.

On December 10, 2010, video allegedly taken by one of Miley Cyrus’ friends appears to show her inhaling smoke from a bong. Sources later disclosed that the alleged substance in the bong was not marijuana, but salvia.

Salvia is a psychoactive drug like marijuana, but unlike marijuana, it is completely legal to possess or use if a person is 18 years or older. (P.C. 379.) If a person is under 18 years old and possesses or uses salvia, the person may go to jail for up to six months and/or pay a $1,000 fine.

The video was allegedly taken on November 28, 2010, five days after Cyrus’ 18th birthday. If the video was taken after she turned 18 and the substance was actually salvia, Cyrus committed no crime.

The backlash against Cyrus has been fierce, but so far, Cyrus has yet to publicly comment on the video. She is currently shooting a movie and was the star of the Disney series Hannah Montana.

If you have been accused of possessing an illicit substance, but you are over 18 and the substance was salvia, then you are not guilty of a crime. Contact a Southern California criminal defense attorney immediately to help you fight this false drug charge.

Do not, under any circumstances, agree to speak to law enforcement or consent to a search of your person or vehicle. If law enforcement arrests you or otherwise searches you or your property without your permission, do not physically resist, but clearly and unequivocally express your objection to the search. This may help your defense if the search yields other incriminating evidence.

If you are accused of a drug crime, you will need an experienced Southern California drug crime attorney to help you with your case. At Wallin & Klarich, we have helped people accused of drug crimes 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.

Former teen idol David Cassidy was charged with drunk driving after his Mercedes was stopped by a Florida Highway Patrol officer in Fort Pierce.

The officer noticed the vehicle when it reportedly left the roadway and drifted onto the shoulder rumble strip twice before cutting off another car at an exit ramp.

The 60-year-old former star of the 1970’s television show "The Partridge Family" failed a number roadside sobriety tests and breathed a 0.14% on an alcohol breath test.

The arresting officer noted that Cassidy "appeared to be somewhat confused" and was "very apologetic for having to be stopped."

Upon searching Cassidy’s vehicle, police reportedly found a half-empty bottle of bourbon under a seat. However, Cassidy told the office that he only had a glass of wine with lunch a few hours earlier. He also told police that he had taken a hydrocodone pill – a pain medication more commonly known as Vicodin – about three hours earlier.

Cassidy was released from St. Lucie County Jail on bail. His publicist had been advised by his attorney not to comment on the incident.

Driving a motor vehicle while under the influence is a serious crime in California and will be severely prosecuted. Under Vehicle Code 23152(a) and (b), it is a crime to drive while under the effects of drugs or alcohol or with 0.08% of alcohol, by weight, in the bloodstream.

A first-time violation of Section 23152 is punishable by imprisonment in the county jail for up to six months and by a maximum fine of $1,000. See California Vehicle Code Section 23536.

A conviction may also result in a suspension of driving privileges for a period of six months. See California Penal Code 13352.

A drunk driving conviction can have negative consequences that can affect not only your individual freedoms, but also your professional career and family life. If you are facing DUI charges, you need the legal representation of an experienced DUI defense attorney. At Wallin & Klarich, our Orange County attorneys have over 30 years of experience in handling drunk driving cases and can help you raise the best possible defenses in your case. Call us today at 888-764-2615 or visit us online at www.wklawdui.com. We will be there for you when you call.

Children are viewed as particularly vulnerable members of society, so any perceived mistreatment or endangerment of their safety will be severely prosecuted. Under Penal Code 273a, child endangerment involves willfully causing or permitting a child to suffer physical or mental injury without taking steps to prevent it. This code section applies even if the child does not suffer any actual injury.

Child endangerment is a "wobbler" in that it can be charged as either a misdemeanor or a felony. As a misdemeanor offense, the penalties may include a sentence of up to one year in county jail. If charged as a felony, a child endangerment conviction may result in a two, four, or six-year sentence in state prison.

This crime requires that you acted willfully or in a manner that was criminally negligent in causing unjustifiable pain or suffering upon a child under 18 years of age. The same penalties will apply even if you had care or control over the child (as a parent or other caretaker). You may also be found in violation of P.C. 273a if you merely place the child in a situation in which the child may become endangered.

Child endangerment laws are very broad with its definitions and the lines are often blurred when it comes to distinguishing mere discipline from abuse or criminal negligence from momentary carelessness. As a result, parents who are normally caring and attentive toward their children oftentimes face charges of child endangerment.

A violation of P.C. 273a is not the same as child abuse, which involves directly causing corporal injury upon a child. Codified under California Penal Code Section 273d, child abuse laws punish physical abuse directed at a child that results in a "traumatic condition." This involves hitting, burning, or shaking a child that causes visible injuries. Child endangerment differs in that it involves placing the child in circumstances that could result in injury to the child.

It is impossible to expect parents to be absolutely vigilant of their children in light of the everyday realities of parenting. Unfortunately, this makes parents particularly susceptible to child endangerment charges. On occasions, parents have been charged for momentarily leaving their buckled infant in the car to return a shopping cart. They have even been charged for temporarily entrusting children to the care and custody of family or friends.

What Do I Do Now?Given the relative ease in which a parent can be wrongfully or unfairly charged with child endangerment, it is very important that you are aware of what to do if you are facing such charges:
l. Immediately contact Wallin and Klarich when you receive information you are under investigation by either children services or law enforcement

2. Do not speak to any member of law enforcement until you have retained legal counsel

3. Prepare a complete written summary of your version of events and submit them to your attorney

4. Compile a list of witnesses who can support your position

5. Prepare a social history explaining your background and submit this document to your lawyer

6. Do not discuss the facts of the case with anyone other than your attorneys.

At Wallin & Klarich, our attorneys have been in practice for over 30 years and will put their legal experience to use in defending your case. Children, by nature, are constantly attracting danger and are prone to accidents. As a parent, you should not be held criminally responsible for being unable to keep your child absolutely safe from all conceivable danger. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Albuquerque police shut down two local massage parlors when it was discovered that the businesses were harboring prostitution operations that may also be involved in human trafficking.

On Monday afternoon, detectives shut down White Dragon massage parlor and the Healing Massage parlor on the suspicion that the employees were performing sex for money.

According to police, the Chinese women who were working there may have been brought in from China against their will and forced into prostitution. Agents from the FBI and Immigration and Customs Enforcement have also entered the investigation to determine whether the businesses were in fact part of a sex slave operation.

Two women have been arrested in connection with the case and have been charged with prostitution. Police anticipate more arrests as the investigation continues.

Prostitution is punishable as a misdemeanor offense in California. Under Penal Code Section 647(b), it is illegal to engage in sexual acts in exchange for money or other forms of compensation. It is also a crime under this statute to solicit or agree to sex with the intent to pay for the arousal or gratification.

If you are convicted of prostitution, the penalties include a jail sentence of up to six months in county jail as well as a maximum fine of up to $1,000.

If you are charged with prostitution as either the provider or solicitor of the sexual act, it is very important that you seek the legal expertise of a criminal defense attorney who can help you stave off the legal and personal consequences of a conviction. At Wallin & Klarich, our Orange County attorneys have over 30 years of practice experience in handling prostitution cases and will help you raise the necessary defenses. Call us today at 877-230-1528 or visit us online at www.wksexcrimes.com. We will be there for you when you call.

Under Business and Professions Code 25662, it is illegal for a person under the legal drinking age of 21 to be in possession of an alcoholic beverage while on any street, highway, or public place. As a misdemeanor, a first-time offender will be subject to a fine of $250 or will be required to perform between 24 to 32 hours of community service during hours when the person is not working or attending school.

In addition to the prescribed penalties, a conviction for underaged possession of alcohol may also result in a one-year suspension of that person’s California driver’s license. The details of this penalty are codified under California Vehicle Code 13202.5. Specifically intended for persons who are under the age of 21, but older than 12 years of age, this code section is applicable to convictions that includes not only possession of alcohol, but also public intoxication (PC 647) and vehicular manslaughter (PC 191.5 and 192.5).

Determinations made in juvenile court may also qualify as "convictions" for purposes of this code section.

If the person convicted has not yet been licensed, the court will likely order the DMV to delay issuing a license for one year subsequent to the time the person becomes legally eligible to drive.

However, it is possible for the person affected to request a modification of the order to delay driving privileges or to convince the court to issue a junior permit upon a showing of a "critical need to drive."

Losing your ability to legally drive a motor vehicle in California for a period of one year is easily a debilitating penalty. It is therefore imperative that you seek the legal counsel of an experienced criminal defense attorney who can help you fight your conviction or alleviate the severe repercussions a conviction would have on your driving privileges. At Wallin & Klarich, our Orange County attorneys have been in practice for over 30 years and will provide you with poised and aggressive representation. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.

A recent decision handed down by the California Courts of Appeal, 2nd District, has made it easier to be convicted of P.C. 647.6 (a), which punishes persons who annoy or molest children under the age of 18 years of age.

The defendant in the case argued that his conviction for annoying or molesting a child was not supported by sufficient evidence because it was never shown that he directed his conduct toward any particular child.

Although the language of P.C. 647.6 (a) seems to require that the molestation be directed toward a specific child, the appellate court rejected the argument. Instead, it found that evidence that the defendant masturbated in his car while parked outside of a high school as kids were going home for the day, sufficiently supported the conviction even without evidence that a specific victim was known by the defendant before the incident.

This decision has expanded the reach of P.C. 647.6, thus making it easier for a person to be charged and convicted of child molestation. The court in this case decided to broadly interpret the statute in an effort to protect all children from sexual predators. As a result, it appears that a person is extra susceptible to molestation allegations merely by being near a school campus.

Being accused of annoying or molesting a child is also no frivolous matter. As a misdemeanor offense in California, P.C. 647.6 is punishable by imprisonment in county jail for a period of up to one year and/or a maximum fine of $5,000. With a conviction also comes the likely possibility of having to annually register as a sex offender pursuant to P.C. 290.

In light of the increased danger of facing possible child molestation charges, it is imperative that you seek the legal assistance of an experienced criminal defense attorney if you are facing such charges. At Wallin & Klarich, our Orange County attorneys have been helping people defend against child molestation charges for over 30 years. We will put our experience to work in protecting you rights and helping you raise the best possible defenses in your case. Call us today at 877-230-1528 or visit us online at www.wksexcrimes.com. We will be there for you when you call.

As a result of a recent decision by the California Courts of Appeal, 6th District, a probation condition requiring that a defendant avoid associating with individuals who are known, or suspected, to be gang members is unconstitutionally vague.

Mario Gabriel pled guilty to charges that included having unlawful possession of a concealed firearm. Convicted in 2009, Gabriel was placed on probation for three years. Among the various conditions of probation imposed by the trial court was the requirement that Gabriel avoid any contact or association with known or suspected gang members, drug users, probationers, or parolees.

Gabriel appealed to the 6th District, contending that the condition failed to provide adequate notice of expectations, thus making it too vague to properly comply with or enforce. He argued that the use of the word "suspected" exposed him to criminal penalties for associating with individuals he may not have known were gang members.

The appellate court agreed with Gabriel’s argument and ordered that the disputed condition be modified to delete the word "suspected." In passing down the order, the court stated that a probation condition must be worded with sufficient precision so that the probationer is aware of what is required of him and also so the court can determine whether the condition has been violated.

The court determined that to "suspect" is "to imagine [one] to be guilty or culpable on slight evidence or without proof," and that to "imagine" is "to form a notion of without sufficient basis." Given this lack of specificity, the court reasoned that the word "suspected" does not adequately provide the defendant notice of what is expected of him when he lacks actual knowledge that a person is a gang member, drug user, or on probation or parole. Furthermore, this word renders the condition too imprecise for a court to properly determine whether a violation of the condition has occurred.

If you are facing a probation violation matter, it is very important that you are aware of your constitutional rights. These inalienable guarantees were included in the U.S. Constitution to ensure that you receive a fair trial. To help you ensure that your rights are not violated, it is very important for you to seek the legal assistance of an experienced criminal defense attorney. At Wallin & Klarich, our Orange County attorneys have been in practice for over 30 years and will use the benefit of their experience to protect your interests and raise the best possible defense in your case. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

A recent petition denial by the United States Court of Appeals, Ninth Circuit, has established that robbery under California Penal Code 211 is a crime involving moral turpitude for purposes of the Immigration and Nationality Act (INA). This means that a non-citizen immigrant can be deported or deemed inadmissible into the county if convicted of robbery.

Luis Mendoza, a native and citizen of Mexico, entered the United States as an undocumented alien in 1983. In 2005, Mendoza was convicted of robbery and sentenced to one year in prison.

Based on this conviction, the Department of Homeland Security issued Mendoza a notice to appear (NTA) charging that he was subject to removal from the country because he had been convicted of a crime involving moral turpitude for the purposes of the INA.

The Immigration Judge found that Mendoza was in the country illegally and was convicted of a crime involving moral turpitude. The judge then ordered for Mendoza’s removal to Mexico. Mendoza appealed the matter to the Board of Immigration Appeals, but they found no error in removal order.

Robbery is defined in PC 211 as the felonious taking of personal property of another individual from their immediate possession by use of force or intimation. For purposes of current immigration law, robbery is a crime involving moral turpitude (CIMT), or a crime that is "inherently base, vile, or depraved, and contrary to accepted rules of morality and the duties owed between persons or to society in general." Other crimes that may constitute CIMTs include murder, manslaughter, kidnapping, rape, prostitution, burglary, fraud, etc.

A robbery conviction can result in a sentence that includes imprisonment for a period ranging from two to nine years in state prison. The INA subjects non-citizen immigrant to deportation if they are convicted of a CIMT committed within five years after being admitted into the country and if the underlying crime imposed a prison sentence of at least one year. A non-citizen immigrant is also subject to deportation if convicted of two CIMTs not arising out of the same criminal scheme (time of commission is irrelevant).

If you are being charged with a crime of moral turpitude and face the possibility of deportation if convicted, it is imperative that you seek the counsel of an experienced criminal defense attorney who can help you avoid a conviction. At Wallin & Klarich, our attorneys have over 30 years of experience in handling criminal cases and will diligently work to help you raise the best possible defense in your case. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.

On November 30, 2010, the Ninth Circuit Court of Appeal overturned the murder convictions of the accused “Skid Row Stabber” because the key prosecution witness, a jailhouse informant, had perjured himself in multiple other criminal proceedings.

In the late 70s, Bobby Joe Maxwell was convicted of two murders believed to have been committed by the Skid Row Stabber, a person who killed as many as 10 homeless victims in the Los Angeles area.

Because police had no physical evidence tying Maxwell to the crime, Maxwell was largely convicted based on the testimony of Sidney Storch, an infamous jailhouse informant convicted of several crimes related to dishonesty and misrepresentation. Maxwell also testified in other criminal proceedings in exchange for sentencing leniency and other considerations. Subsequent evidence indicated that Maxwell had testified falsely in these proceedings, and he was awaiting trial for perjury when he died.

Maxwell was said to familiarize himself with the facts of an accused person’s case by reading numerous news articles. He would then go to police claiming that the accused admitted to the crime, and would furnish police with details gleaned by news articles.

The federal appellate court held that, considering Storch’s long and repeated history of lying, it would be unreasonable to believe that he had been telling the truth in Maxwell’s case, especially since there was no physical evidence and Maxwell always maintained that Storch lied under oath.

The Ninth Circuit ordered a new trial for Maxwell. It is highly unlikely that prosecutors will pursue a new trial because of the lack of physical evidence and the subsequent discrediting and death of their main witness.

If you are accused of a crime, do not speak to anyone about the details of the alleged crime except your Los Angeles criminal defense attorney. Police officers are the most likely people who will use your words against you, but this applies to all people: anything you say to your family members, your friends, the press, or your fellow inmates (if you are incarcerated) may be used against you. The only person who you should speak to regarding the details of ANY alleged crime you have committed is your attorney: do not spontaneously offer this information and do not respond to any questions about this information.

If you have been accused of murder, you will need an aggressive Southern California criminal defense attorney to defend you, and the sooner you retain an attorney the better for your defense. For over 30 years, the attorneys at Wallin & Klarich have helped people accused of a variety of crimes, including murder. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

Despite the abundance of attorneys in California, fewer lawyers are willing to accept appointments for death penalty inmates, creating significant delays in the legal process.

Defense lawyers cite the significant emotional and financial costs in representing death penalty inmates. Court-appointed attorneys usually do not have the funds available to pay for investigators and paralegals, which greatly contribute to an aggressive capital defense. These attorneys are sometimes also paid a flat fee per case, a practice which the American Bar Association discourages because it may lead to attorneys skimping on their client’s representation.

According to the Los Angeles Times, because of the scarcity of state resources, the wait time for an appointed attorney in a death penalty case is between 10 and 12 years. California has over 700 inmates on death row, the highest number of any state in the country.

If you have been accused of a capital crime, you must call an attorney immediately. The death penalty is reserved for the most serious offenses, and the government will use significant resources in your prosecution. You will need an experienced Los Angeles criminal defense lawyer to aggressively represent you, and the sooner you contact your attorney, the sooner you can plan your defense.

If you have been convicted of a capital crime and sentenced to death, you are entitled to an automatic appeal in the state of California. Though the court may appoint you an attorney, it will be years before a qualified attorney will be available for appointment. Until then, if you do not have an attorney, you may miss deadlines that are crucial to your appeal.

For over 30 years, the Southern California criminal attorneys at Wallin & Klarich have helped many people accused of crimes, including murder. If you are in need of criminal defense representation, do not delay: call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

The American Bar Association (ABA) Journal reported that the Southern California Defense Blog is the most popular California criminal defense blog among its online readers. This is a tremendous honor that has come about due to the tremendous efforts of the brilliant lawyers at Wallin and Klarich who are responsible for the content of the Southern California Defense Blog.

Unlike other law blogs which are geared toward other attorneys, the main purpose of the Southern California Defense Blog is to help individuals accused of crimes. Wallin and Klarich founding partner, Paul J. Wallin was elated when he was informed of the American Bar Association Journal results. He stated that “it will continue to be our goal to have our blog present daily legal updates that will be both interesting and informative to those people who may be going through the criminal process” He went on to state “the most important thing to remember if you are accused of a crime is not to speak to law enforcement and to contact an attorney immediately so that you and your lawyer can plan your defense.”

Check the link to the ABA Journal’s popularity ranking here:

Founded in 1878, the American Bar Association is the largest legal association in the country and the largest voluntary professional association in the world. It has published the ABA Journal and its predecessor since 1908. The ABA sets the standard for law school accreditation and has also released a model ethical code governing attorney conduct that 49 out of 50 states have adopted as law.

If you or someone you know has been accused of a crime, you will need an experienced Southern California criminal defense attorney to help you. For over 30 years, the attorneys at Wallin & Klarich have helped people in a variety of criminal matters. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

There is a legal debate related to whether an individual who commits a crime while in a "blackout" should be held as accountable for their actions as an individual who committed the same act while sober. The laws specifically disallow voluntary intoxication as a defense in criminal court. However, involuntary intoxication (prescribed medications, being slipped something by someone else, etc.), often is a valid defense.

DUI suspects who were in a blackout state represent a difficult legal challenge. Although a suspect’s conduct may be extremely out of character; it can be very difficult, for another person to recognize that the individual is experiencing a blackout and will not recall these events later. This can seriously complicate a DUI trial in which the defendant does not remember what he or she did.

Many prosecutors will assert that memory loss or blackout is simply a convenient and unreliable excuse for drunk driving. However, an experienced criminal defense attorney and defense expert may counter that certain drugs (such as Ambien and GHB) often cause symptoms completely consistent with involuntary intoxication. Often, law enforcement and medical personnel are not properly trained in handling these cases. An experienced DUI defense attorney may argue that law enforcement lacked proper training which lead to an incomplete initial investigation and subsequent arrest.

A drunk driving charge under California Vehicle Code 23152 is a serious matter that requires extensive knowledge of the applicable rights and procedures involved. It is therefore imperative that you seek the legal assistance of an experienced DUI defense attorney who can help you raise the best possible defenses in your case. At Wallin & Klarich, our attorneys have been helping people fight DUI charges for over 30 years. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.