Southern California Defense Blog

Vehicular Manslaughter occurs when someone drives a vehicle in a reckless and unsafe manner ultimately resulting in the death of another person. Some forms of reckless driving include speeding, driving under the influence of either drugs or alcohol or both and driving in an unsafe and wanton manner.

In some circumstances, the offense can be filed as a felony if gross negligence is involved. Felonies are much more egregious than misdemeanor offenses and carry a much stiffer sentence. Other factors involved may include prior offenses or prior criminal record on the part of the defendant.

Other punishments associated with this offense include probation, parole, fines, jail or prison time and restitution to the victim and their families.

Don’t risk your freedom and life to chance but choose the experienced and competent San Bernardino Attorneys at Wallin & Klarich to obtain the best representation possible.

If you or someone you love has been accused of a crime in California, such as vehicular manslaughter, contact the experienced San Bernardino California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 and visit www.wklaw.com to set up a consultation appointment.

An arrest warrant is usually a printed form filled in by a judge or magistrate directing any peace officer to arrest a particular individual and bring him or her before the judge. Once a person is arrested, he or she must be taken before the judge without unnecessary delay within 48 hours after the arrest. It is important to keep in mind, however, that the time prescribed by the law to bring a person to a court does not include Sundays and holidays. Saturday is a court holiday in California, so it is practically possible for a person who is arrested on Thursday night to be brought to court only on the following Monday afternoon for his or her arraignment.

A bench warrant, on the other hand, is a document issued by a judge directing any peace officer to bring to court a person or a witness who fails to appear when previously instructed to do so by the court. This type of a warrant is sometimes called "body attachment." Bench warrants for nonappearing subpoenaed witnesses may only be issued when the subpoena was personally served on such a witness. The court will not issue a bench warrant for a witness who was only served with a subpoena in mail. At the same time, when an individual, who is charged with a misdemeanor and is represented by counsel, fails to appear in court when directed to do so by the trial judge, his or her attorney may be permitted to schedule a new date for a next court appearance.

If a warrant is issued for your arrest, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of failing to appear in court for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas1-warrants. We will be there when you call.

Most typical sex-related crimes defined by California law include a lewd or lascivious act upon a child under 14 years of age, molestation of a child 14 years or older, forcible rape, statutory rape that is defined as consensual intercourse with someone under the age of 18, obligation to register as a sex offender, possession of obscene materials, indecent exposure, lewd act in public place, solicitation of prostitution, and sexual battery which is a forcible sexual activity other than a sexual intercourse.

If a person is convicted of a sexual offense in California, he or she will likely be required to register as a sexual offender. This may also require an individual’s name to be posted on the internet. In addition, this will require annual registration at the local police department where such person resides. Those convicted of sex crimes may be subjected to a lengthy prison sentence or a long probationary sentence with very strict conditions that may include requirement to wear a GPS tracking system or other electronic device as directed by a probation officer.

If you have been accused of a sex crime, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-sex-crimes. We will be there when you call.

In Penal Code 187 (a), California law defines murder as "the unlawful killing of a human being or a fetus with malice aforethought."

Malice aforethought is a necessity in murder as opposed to manslaughter. This is a state of mind where someone intends to kill a person but not necessarily out of spite or hatred.

Malice Aforethought can also exist if there is an intentional infliction of serious bodily harm that causes the victim’s death or behavior which shows extreme reckless disregard for the value of human life, resulting in the victim’s death. Thus, Murder is an intentional killing.

Many states have mandatory minimum sentences for murder and characterize murder as either in the first or second degree. First degree murder involves the state’s ultimate penalty which is usually death or life in prison without the possibility of parole whereas in second degree murder, sentences are for a term of years and parole eligibility.

If you or someone you love has been accused of a serious crime in California, namely a murder charge, contact the experienced San Bernardino California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 and visit www.wklaw.com to set up a consultation appointment.

The Third District Court of Appeals in Sacramento ruled in November 2010 that there is no expectation of privacy in a discarded item and that a DNA test of the item is not an unconstitutional search.

Rolando N. Gallego was convicted of second degree murder in great part due to the DNA testing of a cigarette that he allegedly threw away on a sidewalk. Police officers collected the cigarette and tested it for DNA.

Gallego was a person of interest in the investigation for the murder of his aunt and godmother, Leticia Estores, in 1991. The prosecution matched Gallego’s saliva to a bloody towel that had been collected at the scene of the crime which helped lead to his murder conviction.

Gallego’s lawyer challenged his client’s second-degree murder conviction, stating that his client’s constitutional right to a warrantless search was violated by the DNA test. However, the three-judge panel ruled that Gallego had no reasonable expectation to privacy in the discarded item and that the DNA test did not constitute a search under the Fourth Amendment.

According to court reports, the appellate justices cited a 1998 U.S. Supreme Court opinion California v. Greenwood, holding that defendants "possessed no reasonable expectation of privacy in trash bags they had left at the public curb which contained incriminating evidence of their narcotics trafficking" and that in regards to Gallego "the defendant voluntarily discarded his cigarette butt by tossing it onto a public sidewalk. That cigarette butt, like the trash bags in Greenwood was left in a place "particularly suited for public inspection"

The appellate court upheld Gallego’s conviction and he is serving a sentence of sixteen years to life in state prison

At Wallin & Klarich, our attorneys have over 30 years of experience handling various criminal matters 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.

In California, Penal Code 594 defines vandalism as maliciously damaging or destroying property belonging to another person, or defacing it with graffiti or other inscribed material. Someone acts maliciously when a person intentionally does a wrongful act, or when an individual acts with the unlawful intent to annoy or injure someone else. For the purposed of this offense, the defacement does not need to be permanent. Graffiti or other inscribed material includes an unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property.

If the amount of defacement, damage, or destruction is less than $400, vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than $1,000. However, if the amount of defacement, damage, or destruction is over $400, vandalism may be punishable by imprisonment in the state prison and by a fine of $10,000. The punishment for a felony conviction of vandalism may be increased if the crime was done for the benefit of or at the direction of any criminal street gang. In such situation, the person may be punished by imprisonment in state prison for additional two, three, or four years.

If you have been accused of vandalism, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-vandalism-charges. We will be there when you call.

Under the California Penal Code section 415 (1), for the defendant to be found guilty of this crime, the People must prove that:

1. The defendant willfully and unlawfully fought or challenged someone else to fight;and;

2. The defendant and the other person were in a public place when the fight occurred or the challenge was made;and; 3. The defendant did not act in self-defense.

This can be charged as an infraction and a misdemeanor. If charged as a misdemeanor, and the person is found guilty, then in conjunction with any sentence, an informal or court probation could also be enforced through the court. Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine.

If you or a loved one have been accused or charged with this crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person;and2. The defendant made a credible threat with the intent to place the other person in reasonable fear for her safety or for the safety of her immediate family.

Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose. A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose.

Under penal code section 646.9(a), this crime is considered a wobbler, which means that the district attorney will have discretion in filing the case as a felony or misdemeanor. If the case is file as a felony, the maximum time in prison a person could receive for this crime would be up to 3 years. However, if the case is filed as a misdemeanor, then the maximum time in county jail a person could receive would be up to one year.

If you or a loved one have been accused or charged with this crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

In California, persons convicted of specified sex crimes are required to register as sex offenders with local law enforcement agencies. Prior to release from jail, sex offenders are notified in writing of their duty to register, and law enforcement agencies are required to forward the registration information on each convicted sex offender to the Department of Justice. Megan’s Law web site provides the public with Internet access to detailed information on registered sex offenders released to local communities.

The web site provides access to information on more than 63,000 persons required to register in California as sex offenders. Specific home addresses are displayed on more than 33,500 offenders who live in California. As to these persons, the site displays the last registered address reported by the offender. An additional 30,500 offenders are included on the site with listing by ZIP Code, city, and county. There are some circumstances in which a person’s name can be removed from the Megan’s Law website. The exclusion may be warranted in the situations when a person was convicted of sexual battery, a felony violation of distributing child pornography, or a misdemeanor violation of enticing a minor for prostitution.

If you have been accused of a sex crime, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/sex-offender-registration-pc-290-megans-law We will be there when you call.

In California, under Penal Code section 470 every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person is guilty of forgery. Moreover, a person may be charged with forgery for

intending to defraud someone by knowingly giving them a false check or other financial document, counterfeit money, a false lottery ticket, forged legal documents, a false driver’s license or identification, or by writing a bad check. Under the law, it does not matter whether the alleged victim was actually defrauded. It also does not matter whether the accused later paid back the alleged victim or made other restitution.

It is critical, however, that the prosecution must prove that the accused intended to defraud another person. Someone intends to defraud when he or she intends to deceive another person, or intends to cause a loss of money, goods, or something else of value. An individual accused of passing a bad check is eligible to enter a bad check diversion program instead of serving jail time. Depending on the circumstances of each case, other types of forgery can be charged as either a felony or a misdemeanor. A felony conviction carries prison time, whereas a misdemeanor carries up to a year in county jail. If the alleged forged check involved less than $200, a person is likely to be charged with a misdemeanor offense of forgery.

If you have been accused of fraud or forgery, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of these crimes for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-fraud-bad-check-forgery. We will be there when you call.

In California, Penal Code section 496 prohibits every person from buying or otherwise receiving any property that has been stolen or that has been obtained in any manner constituting theft or extortion. The crime must be committed with knowledge that specific property has been stolen or taken from the owner without his or her consent. A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted of both receiving stolen property and theft of the same property.

Receiving stolen property is considered a "wobbler" offense. This means that the prosecution has discretion to charge the crime as a felony or a misdemeanor. This crime will be charged as a felony if the value of received stolen property is more than $950. However, if the district attorney determines that charging this offense as a misdemeanor would be in the interests of justice when value of the property does not exceed $950, this offense will be charged as a misdemeanor punishable only by imprisonment in a county jail not exceeding one year.

If you have been accused of receiving stolen property, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/receiving-stolen-property-overview. We will be there when you call.

A well-known starting forward for a college basketball team was charged with four felony counts alleging that he inappropriately touched two women without their consent. The star player is being charged with one count of sexual battery (P.C. 243.4) and three counts of rape. (P.C. 261) 　

According to media sources, the basketball player is accused of holding two women against their will while he reached into their pants at an off-campus party on December 12, 2010.

The starting forward made a court appearance on February 7th after he was charged and was accompanied by many of his fellow teammates. He was not required to enter a plea, and his initial court appearance was continued until March 7, 2011. He was freed on $5,000 bond.

Under California Penal Code Section 243.4, it is a crime for any individual to touch an intimate part of another person while that person is unlawfully restrained by the accused and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. If convicted of misdemeanor sexual battery in California an individual can face imprisonment in county jail for up to a year, a fine up to two thousand dollars, or both. If the individual is convicted of a felony count of sexual battery they may face a prison sentence of two, three, or four years and a fine of up to ten thousand dollars. (P.C. 243.4)

To be convicted of rape in California the prosecution must prove that sexual intercourse was achieved against the will of the victim, or that it was achieved by a lack of valid consent. Rape is considered to have occurred against the will of the victim if it was achieved through a coercive use of force or threat that compels the victim to submit under duress or fear of retaliation. If convicted of rape in California, an individual can potentially serve a state prison sentence of three, six, or eight years.

In addition to the possible incarceration that someone faces when accused of a sex offense,　 if a person is found guilty of certain sex offenses in California they must register as a sex offender pursuant to Penal Code Section 290. This is an extremely important factor in all sex offense cases. A person would want to do all they could to avoid having to register as a sex offender as it in many ways will limit where you live, who you can visit with and how you can live your life.

For all of these reasons, it is vital that you seek the legal representation of an experienced sex crimes 　attorney if you are facing allegations of sexual misconduct. 　

At Wallin & Klarich, we have been helping people for over 30 years to 　avoid the debilitating consequences of a rape or sexual battery charge. Call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there for you when you call.

In California, Health and Safety Code section 11359 makes it a felony for anyone to unlawfully possess marijuana for sale. This crime is punishable by imprisonment for up to three years in state prison. Actual sales or offers to sell can result in imprisonment up to seven years in state prison. Possession means that a person has physical custody and control over the substance. The prosecution can establish this element of the offense by proving that marijuana was found in a vehicle or home that belonged to the defendant.

A conviction for possession of marijuana for sale may result in a sentence for up to three years in state prison. Moreover, every person 18 years of age or over who offers to give any marijuana to a minor 14 years of age or older will be punished by imprisonment in the state prison for up to five years. In addition, an adult defender may be facing up to seven years in state prison when he or she is convicted of selling marijuana to a minor.

If you have been accused of possession of marijuana for sale, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/possession-sale-marijuana-overview. We will be there when you call.

A recent case decided by the California Court of Appeals involved a minor who was convicted of assault with a deadly weapon in a juvenile court after he got into an altercation and tried to use a butter knife to attack the victim. The defendant, Brandon T. (15), was convicted by the judge of a felony violation of Penal Code Section 245(a)(1) for trying to cut the face and throat of his victim Deon H. in 2009.

However, the Court of Appeals reversed the trial judges decision and made a finding that the butter knife did not qualify as a deadly weapon in this case. The appellate court found that the butter knife was not used in a manner capable of producing death or great injury as shown that the knife broke when the defendant applied pressure.

The victim testified at the a hearing that he and the defendant had an argument during class and later that day he was approached by the defendant and two others from behind, who threw him to the ground. The defendant then stood over the victim with a knife and tried to cut his face and throat, however the handle broke off leaving the victim with only a scratch.

The court of appeals reversed the juvenile courts decision changing the conviction to a simple assault. As used in Section 245(a)(1) a "deadly weapon" is an object that is used in a manner as to be capable of producing and likely to produce death or great bodily injury. The appellate court explained that in this case a "butter knife" is not a deadly weapon as a matter of law and that the knife had a rounded end. In addition the appellate court found that the butter knife did not produce any significant or substantial injury, only causing the small scratch to Deon’s face.

If you or a loved one is facing a charge of assault with a deadly weapon, it is important that you speak with an experienced assault with a deadly weapon attorney. At Wallin & Klarich, our San Diego assault with deadly weapon attorneys have over 30 years of experience. Our attorneys will fight to keep you out of jail and defend your rights. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

Members of the United States military forces are prosecuted in the special military court, which is called a court-martial. Court-martial proceedings take the form of a trial with a presiding judge, a prosecutor and defensive counsel, who are all trained lawyers and also military officers. The jury also consists of military officers. A court-martial is convened to try members of the U.S. military forces for violations of the Uniform Code of Military Justice.

Military crimes are categorized into three categories. Summary court-martial is a court where one officer serves both as a judge and the jury. Such court may sentence up to 30 days in military jail. Special court-martial is the military equivalent of a criminal misdemeanor court, which may sentence up to 6 months. Finally, in general court-martial proceedings the accused may be sentenced to death or life sentence. There are also hosts of non-judicial procedures known as Non-judicial punishment (NJP) in the Navy and Marine Corps.

If you have been accused of committing military crimes, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of these crimes for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-military. We will be there when you call.

A U.S. Border Patrol Agent was arrested and taken into custody in San Diego on January 11, 2011 for allegedly harboring illegal immigrants including his father.

According to the FBI, Marcos Gerardo Manzano Jr. was arrested at the Imperial Beach Boarder Patrol Station and was being held in the Metropolitan Correctional Center in downtown San Diego pending his initial appearance in federal court.

A federal SWAT team raided Manzano’s house and arrested a suspected undocumented immigrant, Jose Alfredo Garrido-Morena, while looking for Manzano Sr. who faces federal immigration-violation charges. Manzano Sr. was convicted four years ago in a U.S. court for possessing marijuana for sale and was deported to his home country of Mexico.

Under California Health and Safety Code Section 11359 it is a felony for anyone to unlawfully possess marijuana for the purpose of sales.　 Violators can be punished by imprisonment for up to three years in state prison and in addition a conviction for this offense can lead in some cases to the deportation of the person.

Manzano Jr. can be charged under United States Code 8 U.S.C. section 1324 (a)(1)(A)(iii) which makes it a federal crime to know or disregard that an illegal alien has entered or remains in the United States in violation of the law and harbors, conceals, or shields them from detection.

If you have been charged with a federal crime, you will need an experienced San Diego criminal defense attorney to vigorously represent you.　 At Wallin & Klarich, we have aggressively defended persons accused of federal crimes for over 30 years.　 Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

Daniel Spitler, 26, and Andrew Auernheimer, 25, were charged with fraud and conspiracy to access a computer without authorization for allegedly stealing the e-mail addresses of over 100,000 Apple Ipad users. They alleged gained access to the information by exploiting an AT&T security weakness.　

The theft of the email addresses allegedly occurred between June 3 and June 8, 2010.　According to the court report, on June 9 the information was given to Gawker.com, which later published an article on the breach. The suspects used a computer script they called "the iPad 3G Account Slurper" which fooled the AT&T servers into thinking that they were communicating directly with an iPad.

Daniel Spitler appeared in federal court and was released on $50,000 bail. The U.S. magistrate ordered him not to use the internet except while at work. Andrew Auernheimer appeared in federal court where he also faces drug charges from the search of his home in June. If convicted, Spitler and Auernheimer could serve a federal prison sentence.

It is alleged that both Spitler and Aurenheimer are part of a hacker group called "Goatse Security."

If you or a loved one is being charged with a federal crime, it is extremely important that you retain a competent and knowledgeable federal criminal defense attorney. The attorneys at Wallin & Klarich have over 30 years of federal criminal defense experience and know how to handle these serious federal criminal matters. Call 1-888-280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.

According to his attorney, former Orange County Sheriff Michael S. Carona planned to surrender to authorities on January 25, 2011 to begin serving his 66-month prison sentence for witness tampering.

The man once nicknamed "America’s Sheriff" was convicted of witness tampering after he was secretly taped having a conversation with then-Assistant Sheriff Don Haidl, in which he urged Haidl to lie to a grand jury investigating his administration. Carona appealed the decision and remained free during his legal process.

A three-judge panel of the 9^th U.S. Circuit Court of Appeals upheld Carona’s conviction on January 6^th. Following their decision, U.S. Judge Andrew J.Guilford immediately set a hearing for January 25^th to take Carona into custody. However, Carona's attorneys filed notice that the former sheriff planned to surrender before the hearing.

According to the Daily Journal, on January 21^st Assistant U.S. Attorney Brett A. Sagel filed a memo with Judge Guilford saying that the federal prison authorities had determined Carona should serve his sentence at the Englwood federal prison in Littleton, Colorado.

If you or a loved one is being charged with a federal crime, it is extremely important that you retain the advice of a competent and knowledgeable federal criminal defense attorney. The attorneys at Wallin & Klarich have over 30 years of federal criminal defense experience and know how to handle these serious federal criminal matters. Call 1-888-280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.

Expungement is nothing more than a statutory vehicle to dismiss a criminal case under certain specified conditions. Both misdemeanors and felonies may be expunged. Any adult who was granted and successfully completed probation, either by fulfilling the conditions of probation or being discharged before the end of his or her probation period may be eligible for expungement.

Individuals who seek to expunge their criminal record must also show that they are not currently serving any sentence for any offense, are not on probation for any offense, and are not currently charged with committing any crime. Under the law, however, individuals who are convicted of certain sex crimes and vehicle code violations are ineligible to expunge their criminal record.

When the case is expunged, the court dismisses the case, which will significantly increase your chances of securing employment. However, when such a person applies for a government job or job which requires a government-issued license, certificate or permit, the expunged conviction must be disclosed. It is also important to know that an expunged criminal conviction will not reinstate the right to possess firearms unless it is reduces to a misdemeanor, and it will not remove such conviction from California and the FBI criminal history records. Starting 2011, the law permits individuals convicted of certain vehicle code infractions to seek dismissal of charges and release from all penalties and disabilities resulting from those offenses, as specified.

If you need to expunge your criminal record, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people who seek such relief for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/cleaning-record-expungement-overview. We will be there when you call.