Orange County Judge Accused of Misconduct

April 28, 2011,

Orange County Superior Court Judge Richard W. Stanford Jr. has been accused of waiving traffic fines for friends. He is alleged to have had certain traffic cases for his friends transferred to his courtroom. He then allegedly would waive the fines associated with each case. Judge Stanford Jr.’s courtroom usually handles felony cases and so it would seem odd for him to be handling traffic cases.
Judge Stanford Jr. must now appear before a statewide judicial panel this summer. The panel will review nine allegations of misconduct between 2003 and 2010. The allegations have been submitted by the Commission on judicial Performance. One would think that the legal system is fair and impartial. However, as these allegations illustrate, prosecutors, police, and even Judges can be susceptible to misconduct from time to time.
It will definitely be interesting to see how the panel rules on the allegations made against Judge Stanford Jr. Wallin and Klarich will continue to follow this very closely, as Wallin and Klarich has been in the business of helping people with their criminal matters in Orange County for over 30 years. If you or a loved one is facing any type of criminal charge, it is important to hire an experienced, aggressive criminal defense attorney! Call Wallin and Klarich today at 888-749-0034. We have a team of highly skilled criminal defense attorneys ready to take your call 7 days week, 24 hours a day!

How is Guardianship Different than Parenthood?

April 27, 2011,

A guardian is an adult who has been given responsibility for a minor by the courts. In California, there are many differences between being a guardian and being a parent. Here are some ways in which the two are different.

A guardianship does not permanently terminate the parental relationship between a parent and child. A parent may still obtain rights to rear their child, at a time when the judge permits. Guardianship, therefore, should be considered a temporary responsibility.

Guardianship also is unlike most parent-child relationships in that the relationship is reviewed and can be altered by the courts. Guardians typically must report to investigators and the court at least once a year. Investigators will follow-up with the guardian to ensure proper parenting is taking place. If the court is unhappy with the parenting being provided by the guardian, it can make orders to place special conditions on the guardian.

Another difference is freedom of movement. While most parents can move to any other location with their child, for example if they get a job in another state, the same is not true for guardians. Guardians cannot move the child to another state without permission of the court. Before they can move to another state, they must first obtain guardianship of the child in the state to which they intend to move.

There are many other differences between normal parenthood and guardianship. If you are considering becoming a guardian, you should make sure you understand your future responsibilities perfectly before acting. Contact Wallin & Klarich to discuss guardianship with a knowledgeable guardianship lawyer.

U.S. Supreme Court asked to Review Ruling on GPS Surveillance

April 27, 2011,

The United States Supreme Court, the highest court in the land, is being asked to decide once and for all whether police can be allowed to surveillance individuals via GPS tracking devices without a warrant.
Up until this point, there has been disagreement among the federal courts about whether such police practice could be permitted. The 9th Circuit Court of Appeals, which includes California, authorized the use of warrantless GPS tracking while other courts such as the D.C. Circuit ruled it to be unconstitutional.
Government lawyers state that “prompt resolution of this conflict is critically important to law enforcement efforts throughout the United States.”
If the U.S. Supreme Court chooses to decide on the matter, it could determine whether police will have the power to track every movement of any given individual for any reason.
Legal decisions like these are being made every day that can affect the most intimate aspects of your daily life.
Even in the justice system, decisions regarding your rights and freedoms are being made by the judges and lawyers who work within it. If you are facing allegations that threaten to deprive you of your freedom, it is imperative that you seek the assistance and legal counsel of a 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. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

What Do I Do If My Child Is Taken Away by Social Workers? How Do I Get My Child Back? Welfare & Institutions Code section 300

April 26, 2011,

Having a child taken away from you can be the most traumatic experience in a parent’s life. Very often children are wrongly separated from a parent because of false allegations or overzealous and unreasonable social workers.

It is far too easy for your children to be taken away by county social workers. A false abuse allegation made out of spite after a heated argument can have devastating personal and legal consequences for you. Not only are you wrongly deprived of your child, but you may suffer the social stigma of being a suspected child abuser.

In addition if a social worker concludes that the allegation is “substantiated” or even “inconclusive” your name may be added to the Child Abuse Central Index. This is not an index where you will ever want your name to appear.

Though social workers may mean well, the nature of their training and their work means they are often inclined to believe that child abuse has taken place, even when the evidence to support the child abuse claim is very slim. In some cases social workers will decide to remove a child from your home before they even have had a chance to interview you about the allegations.

Once your child is removed from your custody, you may find yourself in the child dependency court fighting for your child to be returned to you. Dependency court judges place significant weight on social worker reports, even when the report relies on hearsay and speculation.

This is why you need a Southern California juvenile dependency lawyer in your corner to do all we can to fight to have your child returned to your custody. You need to have someone at your side who knows the law and the facts and who will fiercely advocate for you so that you can be reunited with your child as soon as possible. If you are going through a child dependency case, contact Wallin and Klarich immediately at (888) 749-7428 or visit us at our website at www.wkfamilylaw.com. Wallin and Klarich has been fighting for parents in the child dependency court for over thirty years. We will be there when you call. Read more about child dependency law at (insert the link to our child dependency)

Can a Police Officer Stop me on the Street and Question me? Do I have to answer Those Questions?

April 25, 2011,

Generally, a police officer can approach you to ask questions and can even ask to search you and your belongings. As long as the officer makes it clear that you are not required to submit to the questioning or the search, the officer has done nothing to violate your rights. In these situations, you are not required to talk or submit to a search. However, keep in mind that a police officer can “stop and frisk” you if there is a reasonable suspicion that you are involved in criminal activity and possibly armed. This means that an officer can pat you down for possible weapons, but it still doesn’t mean that they can require you to answer their questions.
When talking to police officers, be very careful with your words. Even a seemingly harmless comment could come back to haunt you. For example, what you say to the police could play a role in determining the charges you may face, your bail amount, or even the outcome of your criminal trial.
Therefore, it is best to not say anything at all to police. You can either remain silent or inform them that you want to first talk to a lawyer. You have a Fifth Amendment protection against self-incrimination, which means you can keep your mouth shut and not be punished for it. Furthermore, your silence in the face of police allegations cannot be construed as an admission of guilt, so you don’t have to worry about that either.
Police officers will employ a variety of tricks and intimidation tactics to get you to say something that you will later regret. To best protect yourself from falling into a trap, keep your mouth shut and call an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you ensure that you rights are protected and skillfully represented. 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 Vandalism Conviction In California Can Lead To A Suspension Of Driving Privileges

April 24, 2011,

In California, the court will impose a suspension, or delay the driving privileges of any minor convicted of vandalism. A conviction mandates the court to impose a two year license suspension for a person 13 years of age up to 21 years of age. If the minor has yet to receive a license, the court will put a delay the issuance of a license.

Vandalism in California is codified under Penal Code Section 594, which states every person who maliciously commits any of the following acts: (1) defaces with graffiti or other inscribed material. (2) damages (3) destroys, with respect to any real or personal property not his or her own, is guilty of vandalism.

If you are required to drive to and from work or school, it is imperative that you hire an experienced criminal defense attorney.

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your license. The attorneys at Wallin & Klarich have been helping people keep their license 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.

What are the Differences Between Appeals and a Writs of Habeas Corpus?

April 22, 2011,

There are several differences between appeals and a writs of habeas corpus. The basic difference is found in the reason why you are using the appellate process. Appeals are used to correct errors that occurred during the case. The appellate courts only consider what they can find within the court file. They will not consider any new evidence. If you think that the trial judge, defense lawyer, or prosecutor made some legal error during the course of the criminal case, then you will want to file an appeal. An appeal is not used if you just want to take another shot at proving innocence in front of a jury or judge.
A writ of habeas corpus can be used if you want the appellate court to consider “new” evidence that the trial judge might not have heard. The habeas petition is for situations where a legal error occurred outside of the evidence that was presented at trial. A successful habeas petition requires a showing that the legal error that occurred actually resulted in a loss of the defendant’s rights.
It is often difficult to know whether an appeal or writ of habeas corpus is appropriate in any given case. If you or a loved one is considering post-conviction relief then it would be very wise to consult a knowledgeable criminal defense lawyer who handles appeals and writs of habeas corpus. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys have extensive knowledge of the appellate process. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

Phil Spector California Court of Appeals

April 21, 2011,

Lawyers of legendary producer Phil Spector have asked for a third trial for their convicted client. The 71-year-old Rock and Roll Hall of Famer was convicted by a Los Angeles Superior Court jury in April 2009 of second degree murder for the 2003 shooting of actress Lana Clarkson. Spector received a prison sentence of 19 years to life.

The appeal of the conviction was heard on Tuesday, April 12 by the California Courts of Appeals without Spector in attendance. His attorneys argued that both trials were unjustly influenced by testimonies from five women who claimed to be victims of gun-related incidents at the hands of the troubled producer in the past.

Even behind bars, Spector has been a busy man. In June 2010, he released the debut record from his then-29-year-old wife, Rachelle, marking his first album in 30 years. She joined Ike and Tina Turner, the Beatles, the Ramones, the Ronettes and Cher on his amazing list of credits.

If the appellate court grants Spector a new trial, it would be his third. Spector's lawyers in both trials contended he did not kill Clarkson and suggested that forensic evidence showed was depressed and shot herself in the mouth.

In order to make sure that your rights are accurately and aggressively defended after being charged or convicted of a crime in Southern California, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com to find out more about how we can help.

Street encounters with police occur with varying degrees of coercion. An encounter with police is best understood by breaking it down into three categories:

April 20, 2011,

(1) Where a citizen feels "free to leave" and terminate the encounter at will. Here, there has been no "detention" under the law. This falls outside the scope of Fourth Amendment protections prohibiting unreasonable searches and seizures of a person, their home, papers, and effects;

(2) Brief "seizures", which triggers Fourth Amendment protections and also allows police more authority if acting with reasonable, specific, and articulable suspicion;

(3) Arrests. An arrest must be supported by probable cause. To know and protect your constitutional rights under the Fourth Amendment, you must understand the meaning of "probable cause" and being "under arrest," and their relationship to the facts of your case.

For further details on whether your Fourth Amendment rights have been violated by police or any other criminal defense related inquiry, contact the law firm of Wallin & Klarich, the preeminent criminal defense firm in Southern California. Selection of the right law firm can often make the difference between jail and freedom in a criminal case. Feel free to contact Wallin and Klarich 24 hours a day 7 days a week at 888-749-0034 to discuss your case. Visit us at www.wklaw.com

What if I got arrested for vehicular manslaughter, what does the prosecution need to prove and what is the punishment?

April 19, 2011,

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

1. The defendant drove a motor vehicle under the influence of an alcoholic beverage or a drug; 2. While driving that vehicle under the influence of an alcoholic beverage or a drug, the defendant also committed a misdemeanor, infraction, or otherwise lawful act that might cause death; 3. The defendant committed the misdemeanor, infraction, or otherwise lawful act that might cause death with gross negligence; AND 4. The defendant's grossly negligent conduct caused the death of another person.
Gross vehicular manslaughter while intoxicated is punishable by imprisonment in the state prison for 4, 6, or 10 years.

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 Los Angeles criminal defense attorney about your case.

Match.com Will Now Screen its Users for Registered Sex Offenders – Penal Code Section 290

April 18, 2011,

The dating website Match.com announced that it will begin screening its existing and new user lists for registered sex offenders. This announcement was made following a lawsuit in which a Match.com user alleged that she had been raped by someone she had met through the site.

Although the president of Match.com said that for years the site had considered include that safeguard, it decided against it due to the unreliability of the national sex offender database.

However, due to improved technology and database registries, Match.com will now be implementing the changes within the next two months.

A conviction for a sex crime that results in a mandatory requirement to register as a sex offender (Penal Code Section 290) can have life-long consequences that negatively affects your freedoms and lifestyle choices – such as online dating.

If you are facing sex crime allegations (i.e., rape, lewd and lascivious acts with a minor, sexual battery, etc.) that may impose a requirement to register as a sex offender in California, it is imperative that you seek the legal aid and counsel of an experienced criminal defense attorney.

The attorneys at Wallin & Klarich have over 30 years of practice experience and can help you achieve the best possible outcome 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.

Under California Law, A Person Convicted Of Reckless Driving With An Injury Will Face Mandatory Jail Sentence

April 18, 2011,

In California, certain code sections require mandatory minimum punishments. One such code section, is the vehicle code section dealing with reckless driving, resulting in an injury .

Reckless driving in California is codified in the Vehicle Code under Section 23104. An individual is guilty of this offense “whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver.”

A conviction will result in a minimum 30 day jail sentence. The 30 day jail sentence is the minimum the sentence the court must impose. Depending on the circumstances, the prosecutor or court may impose a longer sentence.

In addition jail time, the court and Department of Motor Vehicles will can also suspend or revoke the convicted person’s driving privileges.

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your license. The attorneys at Wallin & Klarich have been helping people keep their license 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.

What if I’m charged with robbery, what should I do? Penal Code Section 211

April 17, 2011,

Robbery is defined as taking the personal property of another using any amount of force, no matter how slight, or by fear. Robbery is classified as either first degree or second degree. First degree robbery is much serious crime. Some types of robbery that are classified as first degree robbery are: when a person commits a robbery in a house, when a person commits a robbery on a person using an ATM and when a person commits a robbery of a taxi driver. First degree is punishable as a felony, which means the defendant will be sent to state prison. A defendant can be sentenced to three, six or nine years in state prison. Second degree is also a serious crime and is defined as any robbery that is not first degree robbery. The punishment for second degree robbery is state imprisonment for two, three, or five years.

In order to be found guilty of a robbery the prosecutor must prove that you took personal property that was not yours, the property taken was against the person’s will, the defendant used force or fear to take the property, and when that force or fear used was intended to take the property from the owner.

If you charged with robbery, it is important that you speak with an experienced criminal defense attorney. Our Southern California attorneys will do a thorough investigation of all the facts and raise all possible defenses. Wallin and Klarich has over 30 years of experience in dealing with these robbery cases and has successfully defended similar individuals. Please call (888) 280-6839 anytime to speak with one our attorneys regarding your matter.

Barry Bonds Convicted of Obstruction; Judge Declares Mistrial on 3 Remaining Counts

April 14, 2011,

Barry Bonds has been convicted in Federal Court of one count of obstruction of justice. The jury found Major League Baseball’s all-time leader in homeruns guilty of impeding a grand jury investigation concerning the distribution of illegal steroids. Bonds had maintained his innocence throughout the investigation leading up to his trial, but did not testify at the trial. In fact, his defense did not call a single witness to testify after the Federal government had rested.
Meanwhile, the jury was unable to reach a unanimous verdict on the three other remaining counts of perjury. The government had charged Bonds with committing perjury when he previously testified before a grand jury. In front of the jury, Bonds had denied knowingly being injected with steroids. However, the government maintained that Bonds lied. Since the jury was unable to reach a unanimous decision, the Judge declared a mistrial as to these three counts. Bonds will return to Court in May, as his attorneys will bring a motion asking the Judge to throw out the lone guilty verdict of obstruction.
It will definitely be interesting to see how the Judge rules on the defense’s motion as well as what, if anything, Bonds gets sentenced to. Wallin and Klarich will continue to follow this very closely. If you or a loved one is facing any type of criminal charge, it is important to hire an experienced, aggressive criminal defense attorney! Wallin and Klarich has been in the business of helping people with their criminal matters in their time of need for over 30 years and we would like to help you with yours!  Call Wallin and Klarich today at 888-749-0034. We have a team of highly skilled criminal defense attorneys ready to take your call 7 days week, 24 hours a day!

Roadside Detention, Interrogation and Miranda

April 14, 2011,

Once a vehicle stop has been made and a DUI investigation has commenced, the issue arises as to when a DUI suspect is “in custody” for purposes of the landmark case Miranda v. Arizona. The Miranda Court repeatedly made clear that “by custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”

For purposes of Miranda, it would seem clear that a motorist has been deprived of his or her freedom of action in a significant way, and thus is in custody, when a police officer conducts an investigation. DUI investigations include (a) pulling the motorist over, (b) seizing the motorist’s driver’s license and registration, (c) questioning the motorist, (d) ordering the motorist to exit the vehicle, and (e) demanding that the motorist remain outside the vehicle and perform field sobriety tests, and so on. Nonetheless, the Supreme Court has held that in the absence of extraordinary circumstances, such a detention does not constitute custodial interrogation, and thus is not protected by the Fifth Amendment and Miranda.

In order to make sure that your rights are accurately and aggressively defended after being charged with DUI in Southern California, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com to find out more about how we can help.

Los Angeles DUI Lawyer explains prosecution

April 13, 2011,

In a Los Angeles DUI case, the prosecution must show that your blood alcohol concentration was at or above the legal limit at the time of driving, not necessarily at the time of testing. This can be difficult for the prosecution to prove, especially if the breath test is administered a substantial amount of time after the arrest. Issues arise when your blood alcohol content (known as “BAC”) at the time of driving was substantially below that which the chemical breath or blood test at the police station or jail indicates.

California DUI law is concerned with whether your blood alcohol level was above the legal limit at the time of driving. A chemical test taken after you were arrested is only circumstantial evidence that must be related back to the time of driving. Depending upon when you finished drinking, when you ate, what you ate, your own unique physiology, etc., your blood alcohol level could have been below the legal limit at the time of driving.

If you or a loved one have been accused or charged with drunk driving, 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 Los Angeles DUI defense attorney about your case.

Los Angeles DUI prosecution

April 12, 2011,

In a Los Angeles DUI case, the prosecution must show that your blood alcohol concentration was at or above the legal limit at the time of driving, not necessarily at the time of testing. This can be difficult for the prosecution to prove, especially if the breath test is administered a substantial amount of time after the arrest. Issues arise when your blood alcohol content (known as “BAC”) at the time of driving was substantially below that which the chemical breath or blood test at the police station or jail indicates.

California DUI law is concerned with whether your blood alcohol level was above the legal limit at the time of driving. A chemical test taken after you were arrested is only circumstantial evidence that must be related back to the time of driving. Depending upon when you finished drinking, when you ate, what you ate, your own unique physiology, etc., your blood alcohol level could have been below the legal limit at the time of driving.

If you or a loved one have been accused or charged with drunk driving, 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 Los Angeles criminal defense attorney about your case.

Observations in a Riverside DUI breath test cases

April 11, 2011,

Not only are there time limits on when a chemical test may be administered after your stop, but there are also limits on how the test is to be conducted. The police are required to observe you for a certain period of time (15 minutes) before collecting your breath sample. At least one officer must be watching you at all times for the entire duration of the “observation period.” An experienced and aggressive Riverside DUI defense attorney will attack the circumstances surrounding this required observation period.

The observation period is required to ensure that vomiting, smoking, and consumption of food or beverage did not occur prior to testing. Such consumption could distort your blood alcohol results. During this time you should not have been allowed to put anything in your mouth, including gum, candy, or other foreign objects. The time the observation began should noted by the arresting officer. Your Wallin & Klarich Riverside criminal defense attorney will double-check the times on your reports, and be sure to point out any discrepancies or unusual circumstances that may have occurred.

If you or a loved one have been accused or charged with drunk driving, 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 Riverside criminal defense attorney about your case.

Is New Orange County Law Banning Sex Offenders from County Parks and Beaches Unconstitutional? – CPC 290

April 9, 2011,

On May 5, 2011, a new law in Orange County, California will prohibit sex offender registrants from going to public beaches, parks, and other recreational areas in the county.

A law cannot violate constitutional rights. This new law provides that registered sex offenders can only go to these public park locations if they receive "consent," but there is no procedure for requesting "consent" or what the registrant must show to be granted consent.

Clearly, society has an interest in protecting itself from sexual predators. However, in recent years, the restrictions for registered sex offenders have been unreasonably expanded, and people who plead guilty to minor offenses, such as a 20-year-old male who has sex with his 17-year-old girlfriend, or an intoxicated person who exposed himself on one occasion at a party, may be required to register as sex offenders. Should those individuals be banned from all public county parks for life? More importantly, what procedure governs who will be given consent to visit the nearly 60,000 acres of county parks, beaches, and harbors?

The other major constitutional problem with this new law is enforcement. Can you imagine being at the beach with your family when a police officer approaches you and asks if you are a registered sex offender? Why would they single you out? What kind of clues do officers look for to identify sex offenders at the beach? And if the officers cannot identify sex offenders by how they look, how will the law be enforced?

If law enforcement will only be able to arrest you if they personally recognize you as a registered sex offender, then the law places a huge burden on officers to identify registrants. Think about it: police officers will be required to carry a photo of every Orange County sex offender, and if they see someone suspicious, they will have to match that person’s face to one of the thousands of sex offender photos they will be required to carry. And how will law enforcement identify the thousands of sex offenders from other counties and states, who are likewise banned from Orange County beaches?

Our laws require law enforcement to have reasonable suspicion before they can detain you while you and your family spend quality time at the beach. Unless the county tags each sex offender with a tracking device, this new law will not work.

If you or someone you know has been accused of a sex crime, you will need a competent sex crimes defense attorney who will diligently defend you, especially considering that you are not only facing incarceration but sex offender registration. At Wallin & Klarich, we have over 30 years experience defending sex crimes. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

New Orange County Sex Offender Law Further Restricts Where P.C. 290 Registrants Are Able To Go

April 7, 2011,

According to the Orange County Register, under a new county law approved by Orange County supervisors on April 5th, registered sex offenders will no longer be permitted on county beaches, in county parks or other county recreation areas without written consent from the county sheriff’s department.

Starting May 5, 2011, the new county ordinance will now make it illegal for registered sex offenders to enter specific areas without a written waiver. Waivers may be given under certain circumstances, but require written permission from the county sheriff. Violators face six months in jail and/or a fine of $500.00.

Prior to the new county ordinance, sex offenders were already prohibited from living within 2,000 feet of any school or park in California based on the voter-enacted Jessica’s Law. However, the new law significantly increases restrictions on the movements of registered sex offenders.

In fact, the new law covers the following areas: nearly 60,000 acres of county-owned parks, nature preserves, recreational trails, historic sites, harbors and beaches, including: Arroyo Trabuco Park, Irvine Regional Park, Laguna Niguel Regional Park, Mason Regional Park, Mile Square Regional Park, O'Neill Regional Park, the Orange County Zoo, Peters Canyon Regional Park, Santiago Regional Park, Harriett M. Wieder Regional Park, Aliso and Wood Canyons Wilderness Park, Caspers Wilderness Park, Laguna Coast Wilderness Park, Thomas F. Riley Wilderness Park, Talbert Nature Preserve, Aliso Beach Park, Capistrano Beach Park, Newport Harbor, Salt Creek Beach Park, Sunset Beach Park, Dana Point Harbor, Whiting Ranch and Sunset Harbour.

One major question left unanswered is how the new ordinance will be enforced. Unless authorities expect to approach every individual on county beaches and parks, which would be an infringement of their civil liberties, it will difficult to enforce the new law.

If you or a loved one find yourselves facing a sexual offense allegation, it is important that you seek the assistance of criminal defense attorney who can protect you from unnecessarily suffering the severe and debilitating penalties of the offense. At Wallin & Klarich, our attorneys have over 30 years of experience in helping our clients defend themselves against sex abuse allegations. We will carefully review the facts of the case and devise the best possible defense strategy in light of current P.C. 290 laws. Call us today at (888)-749-0034. We will be there when you call.

We will provide more information as it becomes available.

New Orange County Sex Offender Law will cost marine mechanic his job? PC 290

April 6, 2011,

New law will cost marine mechanic his job? PC 290

Within 24 hours of the news that the Orange County Board of Supervisors had passed a new law prohibiting all registered sex offenders from being in any public parks, we received a desparate email from a person who had been convicted of a sex offense against his wife over 25 years ago. He has worked for the past 22 years at an Orange County harbor as a valued employee. Under this new law he will lose his job. HE will not be able to go to work as it is now in “prohibited” territory. This is not someone who molested a child. This is a person who was convicted of unlawful sexual relations with his wife over 25 years ago.

This is just one example of what impact this law will have? You just have to wonder how much thought went into the passing of this law? This sure seems like another example of local politicians feeling they will gain the favor of the voters by passing a law to “bash” sex offenders.

We will keep you posted with all future developments regarding this law.

If you or a loved one is a registered sex offender, 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.

Across the country law enforcement agents and prosecutors are using social networking sites for incriminating evidence – Part 1

April 5, 2011,

If a suspect is in the midst of a criminal investigation, chances are that law enforcement has already scoured Facebook, Twitter, LinkedIn, YouTube, MySpace and other social networking sites to search for incriminating evidence. Several hundred million people have active Facebook and MySpace accounts. Unlike traditional Web sites, where users are limited to passive viewing, social networking sites permit users to create personal profiles; post photographs, videos, and audio clips; write blog entries and status updates; send and receive private messages; and link to pages of others. Across the country, law enforcement agents and prosecutors are effectively mining these sites for inculpatory evidence.

A recently obtained document from the U.S. Department of Justice titled “Obtaining and Using Evidence From Social Networking Sites” highlights the utility of evidence from social networking sites for the prosecution. In the government’s view, the evidence can reveal personal communications, establish motives and personal relationships, provide location information, prove and disprove alibis, and establish a crime or criminal enterprise.

Social networking evidence may also constitute “instrumentalities or fruits of crime.” Through the use of subpoenas, search warrants, and undercover operations, law enforcement can easily obtain evidence from these sites, particularly given that many social networking companies readily cooperate with law enforcement.

In order to make sure that your rights are accurately and aggressively defended, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com to find out more about how we can help.

Star Athlete allegedly the victim of an attack.

April 4, 2011,

It was reported by John Manasso of FOXSportsSouth.com, that Basketball Hall of Famer Dominique Wilkins, an Altlanta Hawks commentator, was attacked by a fan after the Hawks' game, according to a statement released by the Hawks.

Apparently, Wilkins had finished a piece on a post game show, and was still near courtside when the attack occurred. The alleged attacker was Rashan S. Michel, 36, a former NBA and college referee. Michel was arrested and charged with one count of simple battery following the incident.

A battery is defined by the California Penal code as, any willful and unlawful use of force or violence upon the person of another and is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

If you or a loved one is facing a charge of battery, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

What if I got arrested for perjury, what does the prosecution need to prove and what is the punishment?

April 3, 2011,

To prove that the defendant is guilty of perjury in Los Angeles, the People must prove that:

1. The defendant took an oath to testify, declare, or depose truthfully before a competent tribunal or officer under circumstances in which the oath of the State of California lawfully may be given;2. When the defendant testified, declared, or deposed, he willfully stated that the information was true even though he knew it was false;3. The information was material;4. The defendant knew he was making the statement under oath or penalty of perjury;AND5. When the defendant made the false statement, he intended to testify, declare, or depose falsely while under oath or penalty of perjury.

Under Penal Code Section 118, perjury is punishable by imprisonment in the state prison for two, three or four years. Under certain circumstances, this conduct can also be charged as a misdemeanor and punishable up to imprisonment in a county jail not exceeding one year, or by a fine not exceeding twenty-five thousand dollars ($25,000), or by both that imprisonment and fine for each violation of this section.

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 Los Angeles criminal defense attorney about your case.

Actress Lindsey Lohan Has A Couple Of Weeks To Decide Whether Or Not She Will Accept A Plea Deal In Her Felony Theft Case

April 1, 2011,

Actress and veteran of the Los Angeles County Criminal system Lindsey Lohan appeared in front of a Judge on Thursday. Lohan is charged with Felony Grand Theft for allegedly stealing necklace from a Los Angeles area jewelry store. The necklace is valued at $2500.

In California, grand theft is codified under California Penal Code Section 487, which defines grand theft as "the unlawful taking of another's property valued above $950." In order to be convicted of grand theft, the prosecutor must show that you took the property of another with intent to permanently deprive the owner of that property, and that you physically took possession of the property and carried it away.

Lohan’s attorney said her client would be interested in taking a plea deal if it did not include jail time. Los Angeles County Superior Court Judge Keith Schwartz's, who is hearing the case, made it clear that any plea deal in front of him would include jail time. Lohan is scheduled to appear again court on March 23.

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

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