Southern California Defense Blog

The California Penal Code defines oral copulation on a minor as any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. In other words anytime a person puts their mouth on child’s or vagina, without consent, they will be guilty of oral copulation.

A person found guilty of oral copulation with a person under 18 years old is considered a "wobbler." This means the prosecution has the discretion to charge the defendant with either a misdemeanor or felony depending on the circumstances and/or severity of the crime. Oral copulation with a person under 16 years old is punishable as a felony with imprisonment in state prison for up to 3 years. If the victim is under 14 years old or it was committed by force the crime is a felony and punishable by imprisonment in state prison for three, six, or eight years.

More importantly, if you’re convicted of oral copulation on a minor you will be require you to registered to register as a sex offender. Having to register as a sex offender is a severe penalty because you will have a lifetime duty to register lifetime.

If you or a loved one if facing a charge for oral copulation, it is important that you contact a an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. Our attorneys are highly knowledgeable in sex crimes law. We will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.

Rape in California is a felony, and carries with a conviction a number of severe potential punishments. Included as potential punishments are a lengthy prison sentence, as well as lifetime registration as a sex offender.

By law, in order for a defendant to be found guilty of rape, the prosecutor must prove certain specific things. These things are: that he accused engaged in sexual intercourse with another person, and that act was against the person’s will, or without the person’s consent, and accomplished through means of force, violence, duress, or fear.

In order to be found guilty of rape in California, the prosecutor must prove, beyond a reasonable doubt, that the accused is guilty of all abovementioned things.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep 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.

In January 2011, the California State Legislature amended possession of marijuana laws by reducing the punishment for someone charged with less than 28.5 grams of marijuana from a misdemeanor to an infraction. What this means is that if someone is found with 28.5 grams of marijuana and it is their first 　offense, they will only be facing a maximum $100.00 fine plus penalty assessment which makes the total fine about $460.00, instead of possible jail time and a misdemeanor on their criminal record. (H&S Code § 11357; V.C. § 23222).

If the "under an ounce" infraction is not filed in conjunction with any misdemeanor or felony charge, it is basically handled like a traffic ticket. The crime will be filed in a traffic court and the fine can be paid at the clerks office or via the internet. 　

However, it is important to note that individuals under the age of twenty-one, who are found in possession of marijuana of any amount, are required to make a court appearance. The mandatory appearance is required pursuant to California Vehicle Code Section 13202.5(d). If a person under the age of 21 enters a guilty plea to a violation of HS 11357, then the court will immediately notify the Department of Motor Vehicles and the person will have their license suspended for one year.

If you decide to retain an 　experienced criminal defense law firm you may have another option. It may be possible for the accused 　to enter a drug diversion program pursuant to California Penal Code Section 1000. Under California Penal Code Section 1000, "Deferred Entry of Judgment" allows an eligible defendant the opportunity to have their criminal proceeding suspended while they enter a drug treatment program.

If the defendant successfully completes the program with no new violations and pays all the required fees, the court will dismiss the underlying charges. What this means is by entering and completing a P.C. 1000 program, individuals under the age of twenty-one will not lose their driving license for any period of time..　

Due to the complexity of being accused of a drug offense, it is critical that you talk to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys will use their knowledge of the law to provide you with the best possible drug crime defense. Wallin & Klarich attorneys will aggressively defend you to ensure the judge takes into account all of the available options in your case. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034. We will be there when you call.

If you or a loved one have been convicted of a crime and want to file for an appeal in California it is important to understand how an appeal works in order to get the best result. An appeal can be a very complex and slow process which is why it is so important to have a knowledgeable appellate lawyer to assist you.

Often times attorneys, jurors and judges can make legal errors in the procedural rules or laws during a trial. These errors can lead to innocent people being sentenced to prison. However, fortunately in California under Penal Code Section 1237 there are opportunities to appeal a conviction in order to receive a fair trial.

In general any individual will be able to appeal a trial court decision by taking it to a higher court for review. Yet time is of the essence, because if you were convicted of a felony crime you will have 60 days from the date you were sentenced in which 　to file a notice of appeal. For misdemeanor offenses, you will have only 30 days from the date of your sentence to file a notice of appeal.

Your appellate lawyer will review all of the records in your case. This will include the reporters’ transcript as well as the clerk’s complete transcript. Your lawyer will search the entire record for possible legal errors that occurred during your case.

After your appeals lawyer reviews the record of your case they will file an "opening brief" which will explain in a comprehensive written form the different legal issues which your lawyer believes require that you be granted a new trial. Your appellate attorney will be looking at errors that may have occurred during your trial as well as during your sentencing. The appellate court has the power to reverse the guilty verdict and grant you a new trial. The appeals court also could decide that the sentence imposed by the trial court was legally incorrect and send the case back to the trial court for a new sentencing hearing.

A tremendous amount is at stake after a person is convicted of a crime. If you do not act promptly to file a notice of appeal then you will have given up a critical legal right.

Common errors and mistakes include juror misconduct, prosecutorial misconduct, wrongfully admitted evidence, harsh sentences or incorrectly applied laws.

Due to the different opportunities and short window to file an appeal it is important to contact an aggressive and knowledgeable appellate lawyer as soon as possible to review your case. Our appellate lawyers at Wallin & Klarich have over 30 years of experience handling difficult appeals cases and will work diligently to file a timely appeal that will help you in your attempt to overturn your conviction. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

In California, Penal Code section 136.1 authorizes the trial court in criminal case to issue orders which are generally referred to as criminal protective orders. Such orders may include an ex parte no-contact or stay-away order, an order not to intimidate the victims or witnesses, or an order protecting the victim of a violent crime from all contact by the defendant. Such a protective order, however, may be issued only upon a good cause or belief that harm to or intimidation of a victim or witness has occurred or is reasonably likely to occur.

A no-contact order includes phone calls or messages sent to another person. However, it is important to know that the no-contact order does not prohibit an individual from contacting another person through his or her attorney, or an investigator hired by an attorney. Protective orders can last up to five years, but may be revoked sooner at the victim’s request or if the judge feels that the need for the protective order no longer exists. An intentional and knowing violation of a protective order is punishable as a misdemeanor offense for up to one year in a county jail and a maximum fine of $1,000.

If you have been accused of violating a protective order, 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-restraining-orders. We will be there when you call.

In United States v. Leos-Quijada, 107 F.3d 786 (10th Cir. 1997), the court stated that when information comes from an informant, reliability may be assessed by viewing the credibility of the informant, the basis of the informant's knowledge, and the extent to which the police are able to independently verify the tip. The lower the reliability, credibility, or veracity of the informant, the more information that is required to create reasonable suspicion. Often times, in a DUI case, the arresting officer is unable to sufficiently verify the basis for the information, or the reliability of the informant.

With regard to "anonymous tipsters" and "government agents," there is no presumption of reliability attached to their reports. If the officer making an enforcement stop does not know whether the tipster exposed his identity, then the source of the information must be treated as an "anonymous tip." This is because the constitutionality of the detention turns on what the officer knew prior to the enforcement stop.

A knowledgeable and experienced Wallin & Klarich DUI attorney will be able to expose deficiencies in the case against you in criminal court and at your DMV Hearing. Call 1-888-749-7428, or visit our website, www.wklaw.com for more information.

In 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. Robbery, therefore, is a species of aggravated larceny. To elevate larceny to a robbery, the taking must be accomplished by force or fear, and the perpetrator of this crime must take the property from the victim or in the victim’s presence. The commission of this offense is not limited to a fixed place or time. As a result, robbery is not completed until the stolen property has been carried away to a place of temporary safety. The item taken by the robber needs to have only slight or intrinsic value, and the court will usually take judicial notice that an item of personal property has some value.

For a defendant to be guilty of robbery, the victim must give up his or her property because of threats or fear. If the property is given up for any other reasons, for example if the victim feels sorry for the perpetrator, such person will not be guilty of robbery. However, the individual may still be convicted of attempted robbery. The punishment for robbery can be very severe. If a robbery is committed in concert with two or more persons in an inhabited dwelling house, or of any person who is performing his or her duties as an operator of any bus or cab, such robbery is punishable by imprisonment in state prison for three, six, or nine years. All other robbery offenses are punishable by imprisonment in state prison for two, three, or five years. Attempted robbery is punishable by imprisonment in state prison.

If you have been accused of robbery, 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-robbery. We will be there when you call.

Restraining orders are civil orders that can be requested by the individuals who believe they are the victims of crime, violence or harassment. The alleged victim must first file for and receive a temporary restraining order, or a TRO. The judge will then schedule a hearing to determine if there is sufficient evidence to grant a permanent restraining order. At this hearing, the court will require a higher burden of proof prior to granting a permanent restraining order.

If a restraining order is granted against an individual, it can last for as long as five years. During the period of time that the restraining order is in place, a person will be ordered to surrender any weapons he or she uses or possesses. An intentional and knowing violation of a restraining order is punishable as a misdemeanor for up to a year and a $1000 fine. Repeat violators can be fined up to $2,000. In addition, a violation of a restraining order by a person who is placed on probation will likely result in his or her probation violation.

If you have been accused of violating a restraining order, 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-restraining-orders. We will be there when you call.

A Gardena High School student suspected of bringing a gun to campus that discharged and wounded two students in January has been charged with assault with a deadly weapon. The 17-year-old was arrested about an hour after the incident. The gun was apparently in the boy’s backpack and was inadvertently discharged when he slammed his backpack down on his desk. The two wounded students, both 15, were taken to Harbor-UCLA Medical Center, where a girl who had been shot in the head underwent lengthy surgery. She was in critical condition with a skull fracture and brain trauma. A boy who had been shot in the neck was listed as stable; his wound was not life-threatening.

Assault with a deadly weapon is a serious crime in California and carries a maximum sentence of 3 years in state prison. It is also a "strike" offense which means that if convicted and sent to prison on this charge a defendant will serve 85% of their sentence as opposed to those who serve 50% of their sentences for "non-strike" felonies. In addition, if one is convicted of a "strike" offense and they pick up a new felony, the sentence will be doubled if they are sent to prison on the new charge. Here, the student charged in this case is facing two potential strike charges. If convicted of two prior strikes, a third strike carries a sentence of 25 years to life.

The law offices of Wallin & Klarich have been helping those accused of assault crimes for over 30 years. If you or a loved on are being accused of a crime in Southern California then don’t hesitate to contact our offices. We will be there when you call.

The financial strain that a person may go through from trying to pay court ordered spousal and child support payments is often great. In many circumstances, the party ordered to pay support must significantly alter their lifestyle in order to satisfy the court’s order. Typically in cases dealing with spousal and child support, the California court will use the actual income of the two opposing sides.

However, the court can look at what a person’s potential income can be, and use that figure to calculate spousal and child support. Depending on the circumstances and facts surrounding a case, one side may greatly benefit from getting the court to agree to use this standard to calculate support.

An experienced family law attorney can look over a specific case, and determine if the client would be benefited by the court using the opposing side’s potential income, instead of their actual income.

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.

The simple answer is because there are some cops that will violate your rights because they refuse to follow the law. However, other police officers will violate your rights because they know that the conservative majority on the United States Supreme Court will likely support their conduct. Let me give you just one quick example of how recent court decisions have given the police more power to violate your rights when you are stopped or arrested.

Many years ago the US Supreme Court decided People vs. Miranda and in that decision the court made it clear that before law enforcement could question you they had to read you your "right to remain silent and right to a lawyer". You had the right to tell the officers you didn't want to speak to them. However, over the past two decades the Miranda decision has lost most of its legal impact due to the more conservative current Supreme Court wiping away many of the protections of Miranda.

The more recent Miranda rulings state that unless you are 100% perfectly clear that you want a lawyer, then Miranda doesn't protect you. Case after case has come down on the side of law enforcement in situations where a "reasonable person" would clearly see that the suspect was asking for a lawyer but the courts have said, 'Sorry, the admission or confession comes in, because the accused was not “clear enough'.

Even if your Miranda rights are violated, recent court decisions have held that if you choose to testify the statements you made to the police (after they violated your Miranda rights) are still admissible in court. What this means is that police officers are encouraged to violate your Miranda rights to obtain admissions or confessions because they know that this will limit your options at trial.

The bottom line when dealing with law enforcement is to never waive your rights and never speak to them. You have a legal obligation to provide them with your name and identifying information, such as your drivers license. After that, you have no legal obligation to speak to police officers. At Wallin and Klarich, for over thirty years we have been urging our clients to be smart and to 'keep their mouths' shut when asked any questions by law enforcement. In most interactions with the police there is no tape recorder being used. This means if you speak to the police the police will prepare a report and will detail what 'they heard you say'. In many cases what the police report you told them IS NOT WHAT YOU TOLD THEM and almost always ends up implicating you in some sort of unlawful conduct. The downside of following this advise is that often the police officer will be upset with you and may choose to arrest you. However, in the long run you are MUCH BETTER OFF by not speaking to a police officer and when and if you are read your Miranda rights very clearly repeat over and over you do not wish to waive your rights and you will not speak to them without your lawyer present. In fact after saying that, say nothing else at all.

Of course, the next step is you may be arrested and you will be given the legal right to make certain phone calls within a short time after your arrest. You should make the first call to Wallin and Klarich at 877-466-5245 so we can begin to help you. Please remember that even if you are arrested, in the long run you will almost always help your case by refusing to speak to law enforcement about the facts of the case.

If you or a loved one has been charged with a crime, it is imperative that you contact our 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 handled many types of these cases with exceptional results. Please call us at (877) 466-5245 or visit our website at www.wklaw.com. We will be there when you call.

Under California law petty theft is the taking of property of another valued at less than $950. A first offense is chargeable as a misdemeanor and carries a maximum sentence of six months in county jail. Commercial burglary in California is defined as entering any structure other than a residence with the intent to commit a crime therein. Commercial burglary is a "wobbler" under California which means that it can be charged as a misdemeanor or a felony and can carry up to a maximum of three years in state prison.

Many people are surprised when they are detained for what they believed to be petty theft and are arrested for and charged with commercial burglary. The difference between the two crimes has everything to do with whether the person intended to commit a crime or theft when they entered the building. If they did, then they are technically guilty of commercial burglary. How do you prove what somebody intended when they walked into a store? Police and store Loss Prevention Officers are trained to ask questions to determine whether the person accused of these types of crimes had planned to steal before they entered the store. Other facts such as whether the alleged thief had money in their possession can also play a role in how the prosecutor decides to charge the case.

So, what do you do if you are detained for suspicion of shoplifting in California? The best advice is to invoke your Miranda rights, make no statements, and contact the competent attorneys at Wallin & Klarich immediately.

Property that is taken unlawfully that is valued at $950 or less is considered petty theft under California Penal Code Sections 484-488. Theft that exceeds $950 is Grand Theft.

Stealing and taking away another’s property without that person’s consent is property theft. Most commonly, people who commit shoplifting can be charged with petty theft if the value involved is $950 or less. Another type of theft within this code section includes something that is entrusted to someone who then takes it without the owner’s consent in such cases where there is an employer-employee relationship.

Petty theft punishment includes a fine of no more than $1000, or by imprisonment in the county jail not exceeding 6 months or both.

Grand theft punishment is county jail not exceeding one year or in the state prison unless it was a theft of a firearm which is imprisonment in state prison for 16 months, 2, or 3 years.

If you or someone you love has been accused of a crime in California, contact the experienced San Bernardino criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit the website at www.wklaw.com for a consultation of your case.

In California, a felony is a crime which is punishable by death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. Violent and serious felonies defined in Penal Code sections 667.5(c) and 1192.7(c). The most common violent or serious crimes include residential burglary, robbery, kidnapping, murder, most sex offenses like rape and child molestation, any offense in which a weapon was personally used whether or not anyone was injured, any offense in which great bodily injury was inflicted, arson, crimes involving explosive devices, or attempts to commit any of those offenses.

Where an offense for which a person is convicted is a violent or serious felony, in addition and consecutive to any other prison terms imposed upon the defendant, the trial court must impose a new three-year sentence for each prior separate prison term served by the defendant, where the prior offense was one of the violent felonies specified above. Moreover, when a new offense is any felony in which a prison sentence was imposed, the court must impose an additional one-year prison sentence for each prior term served for any felony. However, the court may not impose any additional term for any prior prison term when an individual’s last imprisonment was over five years ago, and that individual has not been convicted or charged with any new felony.

If you have been accused of a violent or serious felony, 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-violent-crimes. We will be there when you call.

It’s something you read in the paper all the time- "Traffic Fatality in Orange County, Driver Arrested Under Suspicion of Driving Under the Influence". Especially with the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in Orange County, and throughout Southern California.

Typically, if someone is under the influence of drugs and or alcohol, and kills someone in a traffic accident, they will be charged with "Gross Vehicular Man-slaughter while Intoxicated". This charge carries with it a maximum punishment of 10 years in state prison.

However, some years ago the California Supreme Court ruled in The People v. Watson that if the prosecution can establish "Malice Aforethought" (which is basically wanton disregard for human life) in a case where someone killed another while driving under the influence, they can be charged with 2nd Degree Murder.

This ups the stakes tremendously due to the fact that a conviction of 2nd degree murder will result in a 15 year to life sentence. This means the defendant must serve at least 15 years before even being considered for parole. Even after 15 years, the defendant can be denied parole indefinitely- serving an entire life sentence perhaps. Factors that typically comes into play when prosecutors decide whether or not to file 2nd degree murder charge in a DUI related death is whether or not the defendant had a prior DUI; whether or not the defendant had notice that driving under the influence of alcohol of drugs is extremely dangerous to human life, etc.

If you or a loved one have been charged with 2nd Degree Murder based on a DUI or Gross Vehicular Manslaughter while Intoxicated, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.