Southern California Defense Blog

In a previous blog, we told you not to take the easy way out and just pay your
Speeding Ticket up front. We told you to always set the case for a traffic trial and the reasons for doing so. Now we will continue to explain, what arguments a skilled traffic attorney might be able to make on your behalf in order to save your driving record:
1. The attorney might be able to convince the court to reduce the charge down to coasting under California Vehicle Code Section 21710 (CVC § 21710). This will save your record from any points, which is huge for Commercial Drivers.

2. Also, the attorney might be able to argue for the dismissal for lack of response to various requests for discovery. Here, the attorney would send requests for certain items such as radar maintenance/calibration logs, etc. If these requests were not adhered to, this non-compliance could be used in your favor.

3. Moreover, the attorney might be able to get your speeding ticket dismissed upon a successful speed trap argument.

4. Lastly, the attorney might be able to get your ticket dismissed upon a successful cross-examination of the officer or various other legal argument.

As you can see, there are different strategies and arguments to be made on your behalf, even if the officer appears at the traffic trial. However, it takes a skilled traffic attorney to make these arguments. If you or a loved one have a speeding ticket or any other type of traffic ticket pending in Los Angeles County or anywhere else throughout Southern California, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive traffic attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their traffic tickets for over 30 years and we would like to help you with yours! A qualified, experienced traffic attorney from the firm will be able to evaluate your case when you call.

California Penal Code Section 290 requires every person convicted of a Penal Code Section 290 sex crime to register as a California sex offender. PC 290 (b) requires specifically to register with the city police or the county sheriff where the individual resides and additionally with college campus police if the individual resides upon campus or in any of its facilities, within 5 working days of coming into, or changing his/her residence within any city, county, or city and county or campus in which he/she temporarily resides.

In some instances under PC 290.010, an individual must register more than one residence address if he/she regularly resides regardless of the number of days or nights spent there.

This area of law is particularly complex and requires the experience and knowledge of the professional attorneys at the San Bernardino office of Wallin & Klarich.

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

Many people who are arrested for DUI in Riverside complain that the arresting officer never read them their Miranda Rights and ask whether they can get the case thrown out because of this. In order to understand the answer to this question you first must understand what the Miranda rule is and when it applies in a criminal case.

The Miranda rule only comes into play when two things happen.

1. You are in custody. ( A reasonable person in your shoes would not feel free to ignore the police presence and go about their business).

2. You are being interrogated. (asked questions likely to elicit an incriminating response).

When you are pulled over and a DUI investigation begins one of the first questions the cop will ask is if you’ve been drinking or how much you have—clearly a question likely to elicit an incriminating response so you are being interrogated and the application of the Miranda rule is halfway there.

When you are pulled over and the cop has his lights flashing, clearly NOBODY would feel free to ignore the officer’s presence and go about their business. So you must be in custody and Miranda clearly applies, right?

Wrong! As crazy as it sounds, you are not “in custody” in that situation but are part of a “non-custodial interrogation” or an “investigatory detention”—so they don’t need to read your Miranda rights until they actually decide to arrest you and slap the cuffs on. By that point you’ve already likely admitted to at least a “couple” of drinks and the field sobriety tests and blood or breath test will seal your fate. The bottom line is that in 99.5% of DUI cases whether the cops read your Miranda rights is irrelevant. However, a really good DUI lawyer will likely find other issues in your case that could lead to reduced or dismissed charges.

If you have been accused of DUI in Riverside County, 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.wklawdui.com. We will be there when you call.

Sean Emery of the OC Register reported last week that Costa Mesa resident, Beau Richard Cook, was accused of losing control of his vehicle and killing a pedestrian while driving drunk, pled guilty to vehicular manslaughter and was sentenced Friday to six years in state prison. Witnesses reported seeing the defendant, traveling southbound on Harbor Boulevard and running a red light at Warner Avenue in Santa Ana.
Police reports indicate that the defendant lost control of his vehicle in an attempt to miss another vehicle, drove over the curb and struck a fire hydrant before hitting Eloisa Aguilar. Aguilar, 57, was killed instantly, while the defendant suffered injuries to his left leg and pelvis. Police determined that an hour and a half after the incident the defendant’s blood-alcohol level was .08. At the sentencing, Aguilar's fiancé, sister, niece and nephew all gave victim-impact statements at Friday's court hearing.
To prove that the defendant is guilty of gross vehicular manslaughter, the People must prove that: 1. The defendant drove a vehicle; 2. While driving that vehicle, the defendant 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.

If you or a loved one is facing a this charge, 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.

Now that the US Supreme Court has told the California prison systems they have two years to reduce the California State Prison population dramatically many experts are asking how that will be accomplished. Here are some of the real possibilities

Prison inmates serving time for non-violent offenses may be granted parole earlier than their current release date and placed in half way houses or other local facilities

Many prison inmates will be transferred to serve the balance of their time in county jail facilities

More prison inmates will be transferred to facilities in other states

District Attorneys offices will be told to file more cases as misdemeanors that could be filed as felonies to avoid possible new prison sentences.

What is certain is that the conservative justices on the US Supreme Court were very unhappy that this was happening. They would have preferred that inmates continue to live in deplorable overcrowded conditions. One of the justices went so far as to warn that this decision will lead to scores of new victims who will be preyed upon by prison inmates released from prison only to commit new serious offenses.

If you care about basic human rights then this is a good day for you. If you care about human beings being provided with basic human decency when they are incarcerated then this is a good day for you.

However, we know so little about what will actually happen now that the US Supreme Court has come down on the side of basic human rights. Wallin and Klarich will be tracking developments as to how inmate release will take place in the not too distant future. Feel free to call us or continue to read our blog for updated information. You can reach us at 877-466-5245. We will be there when you call

In most cases when you are arrested for shoplifting at a store, you will probably receive a letter from an attorney demanding that you pay a certain amount of money. This letter is called a “civil demand” letter, which is sent to you as an attempt by the store to recoup its losses from the theft.

These letters can be very intimidating and can become increasingly threatening as they may demand that you pay for the value of the item taken, the amount of any resulting damage, or the cost of the security employees. No matter how frightening these letters may become - no matter how much they threaten to sue you - do not hastily pay the amounts that they demand. Know your rights first.

California Penal Code 490.5, which governs civil demand letters, states that you are only responsible for paying for losses, plus the cost of any damaged merchandise that the store would not be able to re-sell.

If the store was able to recover the item you may have tried to take, the store has not suffered any loss that would make you responsible. It is only if you damaged the item to the point where it could not be re-sold will you be responsible for paying. As for covering the cost of the store employee or loss prevention officer involved: they are typically paid a regular salary regardless of the theft, so it makes no sense for them to demand that you cover the cost of the employees.

However, it not wise to simply ignore a civil demand letter even if it is highly unlikely that they would actually file suite against you. Our attorneys at Wallin & Klarich have been in practice for over 30 years and can help you in this matter. They have represented thousands of clients who have been accused of theft crimes and have successfully handled their cases which also included dealing with the civil demand letters. If you want the peace of mind that comes with not having to worry about the threatening letters that demand payment from you, call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Yes, police officers may sometimes be dishonest

The former Los Angeles Police detective was charged with ten felony counts, including grand theft, the selling of false investment securities, and the selling of securities without a license. She has pled not guilty to the charges in San Bernardino County Superior Court and is being held in lieu of $1-million bail.
The former detective allegedly collected over $260,000 from investors amidst false claims of huge returns within months. Moreover, the former detective also allegedly told the investors that she was investing their money in properties secured by deeds of trust and that she would sell off her own properties to reimburse them if any of the deals went wrong. 13 L.A.P.D. employees are alleged to have invested their money with the former detective.
What this story demonstrates is that police officers are not always honest. As a criminal defense firm, we get numerous calls each year from clients claiming that the police have either lied, omitted certain facts, or misstated the truth. This story about the former detective does not mean that all police officers lie, but it does illustrate how they are not always trustworthy and can be dishonest in some cases.
If you believe that a dishonest police officer has handled your case or the case of a loved one, call Wallin and Klarich today. Wallin and Klarich has been in the business of helping people with their criminal matters for over 30 years and we would like to help you with yours! A qualified, experienced criminal defense attorney from the firm will be able to evaluate your case when you call, as Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day!

If you have been convicted of an offense that requires you to register as a sex offender under Penal Code § 290 in Riverside County, it is important to know what you are required to do.
1. You must register every year, within five working days of your birthday. (*Transients must update their information every 30 days, and some convicted sex offenders are required to update their information every 90 days.)
2. You must register with the chief of police of the city in which you reside.
3. If you are residing in an unincorporated area or a city that has no police department in Riverside County, you must register with the Riverside County Sheriff’s Department.
4. If you if are residing upon a campus of the University of California (UCR), a California State University, or any community college, you must register with the chief of police of the campus/college.
5. You must register within five working days of coming into, or changing your residence.
6. If you fail to do any of these requirements, you will be facing a new felony charge and could be sent to prison.

If you or a loved one are facing charges for failing to register as a Sex Offender in Riverside County or anywhere else throughout Southern California, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people facing failure to register charges and several other criminal charges for over 30 years and we would like to help you with yours! A qualified, experienced criminal defense attorney from the firm will be able to evaluate your case when you call.

On May 17, 2011, reports indicate that Camille Grammer is furious that former sitcom star Kelsey Grammer requested sole physical custody of their children.

Camille has privately expressed that her children, a nine- and a six-year-old, wish to live with her, not him. She is also reportedly angry that Kelsey fathered a child out of wedlock during their marriage.

She had previously spoken positively about sharing legal and physical custody with Kelsey, until she learned he would request sole physical custody of their children.

Separations and divorces are highly emotional proceedings, and often the parties contest a variety of important issues, including child support, child custody, spousal support, and division of property. Contact a seasoned Southern California divorce lawyer to help guide you through these difficult issues and plan your course of action. Remember, unlike criminal proceedings, you will not be provided a divorce or child custody lawyer if you cannot afford one.

If you or someone you know is going through a divorce or separation, you will need an experienced Southern California divorce attorney to vigorously represent you, especially when your child’s welfare may be at stake. At Wallin & Klarich, we have helped people going through divorces and separations for over 30 years. Call us today at (888) 749-7428 or visit us at our website at www.wkfamilylaw.com. We will be there when you call.

In the last two days Wallin and Klarich has received 2 phone calls from hard working fisherman who will lose their job due to this new ordinance.

One of the calls was from a man who was found guilty of indecent exposure as a misdemeanor almost 8 years ago and he has been working for last several years as commercial fisherman in Dana Point. When the new law was passed everyone was told that you could apply for an “exemption” with the Orange County Sheriff. This gentleman applied and was told two days ago he was denied. This means he will lose his job, will not be able to support his family and will likely end up on welfare. Is this what the citizens and taxpayers of Orange County want?

Another caller told us he was convicted of attempted rape of his former wife over 20 years ago. He has to register to this date as a sex offender. HE has worked in the harbor for the last 12 years. He applied for an exemption from the OC Sheriff and he also was denied. This means he will lose his job and will not be able to support his family?

Is this what the citizens of Orange County want. At a time when unemployment sits above 10% in Orange County due we really want to pass laws that will result in more people losing their job. These men have been crime free for many years and presently are not a threat to anyone’s safety. All they want to do is go to work and support their family.

If you are having similar issues with this new orange county ordinance do not hesitate to contact Wallin and Klarich at 877-466-5245. We will be there when you call.

In response to a recent Orange County law banning sex offenders from county parks and beaches, on May 16, 2011, Huntington Beach will vote on a similar law banning sex offenders from Huntington Beach City beaches and parks.

The new law will impose a profound burden on police resources already depleted by the California budget crisis. Also, advocates question the wisdom of the ban, arguing that the ban merely projects a false sense of security within the community.

The Orange County District Attorney has pushed for these laws throughout the county, but it will not have to expend it own resources to apprehend these suspects. Instead, it will rely on law enforcement to enforce a policy that has no factual support as to its efficacy.

These laws are part of a movement to punish convicted sex offenders, no matter how minor the offense and no matter how great the cost to enforce. Because of the significant consequences associated with a sex crimes conviction or guilty plea, if you are accused of a sex crime, contact a Southern California criminal defense attorney immediately so you and your lawyer can begin your defense.

If you or someone you know has been accused of a sex crime, you will need a competent Southern California sex crimes defense lawyer who will diligently defend you, especially because 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.

A defense attorney from Wallin & Klarich can request alternative sentences for potential jail terms in Los Angeles County. If you are charged and convicted of a Los Angeles DUI, these are some alternatives in lieu of going to jail and or prison.

1. Cal Trans
One alternative sentence is Cal Trans whereby you would have to pickup trash and debris from along our roadways and freeways. A work day is usually about 8 hours and equivalent to a jail day.

2. Community Service
Community Service is another alternative which often involves working with non-profit organizations. You may also be given the option to work as a volunteer at a charitable cause or church program.

3. Electronic Home Confinement
Another possibility is to ask the judge to consider house arrest or home electronic monitoring in lieu of sending you to jail is an option. Under this program, you will be monitored and required to remain at home but the program will allow you to go to your job or attend school, as well as keep medical appointments.

4. Sober Living
Under certain circumstances your attorney can request the alternative sentence that involves care and counseling from one of the sober living services. Housing, alcohol and drug counseling services, self-help group sessions, education or training and help finding a job are all typical services provided in these programs.

5. Private Jail
Finally, in very few cases, you can opt to serve in a private jail facility, where you may be offered work furlough privileges. This option can be a costly, but less disruptive to you and your family.

If you or a loved one have been accused or charged with DUI in Los Angeles, 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.

Judge rules that FBI misled the court and FBI’s statements to court were blatantly false

A United States District Court Judge has ruled that the government misled the court in a case involving government surveillance in Southern California’s Muslim-American Community.

In 2007, The American Civil Liberties Union filed a lawsuit on behalf of six Muslim groups and five individuals who were attempting to obtain records under the Freedom of Information Act, which they believed would show that the FBI had been unfairly targeting Muslims.

U.S. District Judge, Cormac Carney, ruled that the FBI did not have to turn over documents due to national security concerns, however he explained that lawyers for the government had mislead the court about the existence of the relevant documents.

The Judge denied the request by Muslim groups to see records of FBI surveillance, yet he criticized the government for making “blatantly false” representations.

According to media sources, Judge Carney stated “The Court is charged with the humbling task of defending the Constitution and ensuring that the government does not falsely accuse people, needlessly invade their privacy or wrongfully deprived them of their liberty...the court simply cannot perform this important task if the government lies to it.”

Judge Carney also stated, “the government's representations were then, and remain today, blatantly false," and that "the government cannot, under any circumstance, affirmatively mislead the court."

We often learn from our clients that law enforcement has exaggerated or altered facts. This is why it is vital if you or a loved one has been charged with a criminal matter to hire an experienced and aggressive criminal defense attorney who can see through dishonest and unlawful law enforcement tactics.

At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our knowledgeable attorneys will aggressively defend your rights and fight to get you the best possible result. Call us today at (888) 749-0034. We will be there when you call.

A 10-year-old Riverside boy was charged for murder in Riverside on May 4, 2011 in the slaying of his father, Jeff Hall, a neo-Nazi leader. Hall was the leader of the Southwest chapter of the National Socialist Movement, a neo-Nazi organization, which has held rallies in Riverside and on the U.S.-Mexico border. The boy is charged with intentionally shooting Hall inside his Riverside home. He also was charged with an enhancement for using a gun in the commission of the killing.
During his appearance in Riverside Juvenile Court the shaggy, blond-haired boy sat at an attorney's table in shackles, wearing an orange Juvenile Hall uniform. The small, skinny, baby-faced boy was slouched in a chair, dwarfed by his attorney. If found guilty of the charges, the boy could remain in juvenile hall until he is 18, or in another youth detention facility until he is 25. Authorities have not said what prompted the shooting, but court records show the boy previously had lashed out violently at home and in school. His public defender told the judge that the defense was weighing several possible pleas, including not guilty by reason of insanity. The prosecutor in the case indicated that it is extremely rare to charge such a young child with murder.
The boy’s biological mother, Leticia Neal, said that she was considering hiring a private attorney to take over the case form the public defender’s office. Juvenile Criminal law in California is very different in many ways from adult criminal law. If your child is facing criminal charges in California it is important to hire a law firm that is familiar with the unique procedures in juvenile criminal court. Nothing is more important than the safety and freedom of your child. Please don’t hesitate to contact the experienced and aggressive juvenile criminal attorneys at the law firm of Wallin & Klarich. We’ll be there when you call.

A task force made up of local and federal law enforcement agencies is actively pursuing leads into the 1997 slaying of hip hop artist Christopher Wallace, better known as Biggie Smalls or Notorious B.I.G., according to sources familiar with the investigation. According to one law enforcement source, the investigation into the 13-year-old unsolved case was "reinvigorated" months ago as a result of new information, but the source would not elaborate further because of the ongoing investigation that includes the Los Angeles Police Department, L.A. County District Attorney's Office and the FBI.

On March 9, 1997, Wallace, 24, was shot and killed while riding in a Suburban that was driving away from a music industry party at the Petersen Automotive Museum in Los Angeles. Los Angeles police said a lone gunman in a Chevy Impala pulled alongside the Suburban and opened fire on Wallace, who was in the passenger seat. Witnesses described the suspect as being an African-American man wearing a suit and bow tie. There are several theories behind the murder including that the murder was the result of an “East Coast, West Coast feud between rival rappers and payback for the murder of rapper Tupac Shaker, whose murder was often associated with the rap feud and Notorious B.I.G. While conspiracy theories persist, law enforcement is keeping their new leads into the investigation under wraps and only time will tell if they lead to an arrest.
If you or a loved one is facing criminal charges in California it is important that you contact an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of crimes. Our attorneys are highly knowledgeable and 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.

If you are an individual that must register under Penal Code 290, and have been taken into custody for more than 30 days, you must re-register when you get out of custody.

Under Penal Code section 290.015(a) a person who is subject to the Act shall register, or reregister if the person has previously registered, upon release from incarceration or release on probation pursuant to subdivision (b) of Section 290.

Being in custody for even an unrelated reason for more than 30 days, will mandate that you reregister back at the residence that you are returning to, and you must reregister if you are returning to another location. The laws in this area are numerous and very complex.

If you or a loved one is facing a sex charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with sex crimes. It is important to contact us as soon as possible due to the seriousness of the charges. A sex crime conviction can result in not only jail or prison time and other stiff penalties but can have lifelong effects including requiring you to register for life as a sex offender.

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.

Recently the OC register reported that a young woman was caught behind the wheel of a motor vehicle while her blood alcohol content was nearly four times over the legal limit. Leann Renee Arriaga registered a .30 blood-alcohol content during the field sobriety test. According to the records, Arriaga’s 21st birthday is this Saturday. One officer commented that he had never seen anyone that drunk before.
Police were monitoring Harbor Boulevard late Thursday, which was Cinco De Mayo, when they saw Arriaga's car drive through a red light at First Street. Arriaga was arrested on suspicion of driving under the influence; she was booked into jail, where her blood was taken for an additional alcohol test.

To be prosecuted for Driving Under the Influence (DUI) with injury, the District Attorney must prove that: the defendant was under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, and drove a vehicle. A person is under the influence if, as a result of drinking an alcoholic beverage, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. Moreover, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

If you or a loved one have been accused or charged with DUI in Los Angeles, 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.

http://www.ocregister.com/news/level-299444-alcohol-bertagna.html

For probation violations, the defendant is not entitled to a trial by jury. The court is the finder of fact for probation violations. Probation violations arise when a defendant fails to pay required fines, fails to obey all laws, commits a new offense, fails to pay restitution to the victim, etc.

If there is a probation violation alleged then there is a right to a hearing, before a judge, not a jury, on the matter. At this hearing, the prosecution must prove that it is more likely than not that you violated your probation. This is not a reasonable doubt standard, it is known as a “preponderance of the evidence.” What this means is that the prosecution does not have to make as strong a case to prove a probation violation as it does to prove an initial crime. At the hearing the judge may consider a range of factors in deciding both if there has been a violation and also if there are mitigating factors that can effect what consequences there may be.

In order to make sure that your rights are accurately and aggressively defended while on probation 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.

You come home from work, only to find your wife in bed with another man. In a sudden burst of rage, you kill them both. Another scenario is that a huge bar brawl breaks out, in the commotion you smash a pool cue over someone’s head and he dies. Despite the fact that this sounds like murder, it's probably not. Under California law, it's more likely to constitute voluntary manslaughter.
California's voluntary manslaughter laws apply to killings that you commit

1. during a sudden quarrel, or
2. in the heat of passion.

Prosecutors rarely file Penal Code 192 (a) voluntary manslaughter as a separate charge. The offense usually comes up in murder cases, where the accused admits to killing the victim, but seeks have the charge reduced from murder to manslaughter.
If the charge is reduced to manslaughter, the defendant faces a maximum of 11 years in prison. With murder, by contrast, he faces a potential life sentence...or sometimes even execution.

If you or a loved one have been charged with voluntary manslaughter 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.

If you have been accused of committing a crime that is considered a "strike crime," you are facing very serious charges, especially if you already have one or more strikes on your criminal record.

The three strikes law is a controversial law that has been in effect in California for over a decade. The law was passed in an effort to reduce crime throughout the state, by severely punishing repeat offenders who are convicted of serious crimes. When a person is convicted of a criminal felony in California, and it is a felony that is considered “serious” or “violent” he or she will receive a strike on their criminal record, and each strike will result in an additional legal consequences. A person convicted of a crime resulting in a second strike will have a lengthier prison term possibly twice the amount of time, than a person without a previous strike conviction. The outcome of a conviction that results in a third strike will typically be a prison term of twenty-five years to life. Listed below are the two categories of strike offenses in CA:
Violent felonies
• Murder or manslaughter.
• Mayhem.
• Rape by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Lewd act on a child.
• Any felony punishable by death or life sentence.
• Any felony resulting in great bodily injury or in which a firearm was used.
• Robbery of an inhabited dwelling, vessel or trailer coach in which a deadly or dangerous weapon was used.
• Arson that causes great bodily injury.
• Penetration by a foreign object.
• Attempted murder.
• Explosion with intent to commit murder.
• Out-of-state kidnapping transported to California.
• Continuous sexual abuse of a child.
Serious felonies
• Murder or involuntary manslaughter.
• Mayhem.
• Sodomy by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
• Lewd or lascivious act on a child under the age of 14 years.
• Any felony publishable by death or imprisonment for life.
• Any other felony in which the defendant personally inflicts great bodily injury on any person or personally uses a firearm.
• Attempted murder.
• Assault with intent to commit rape or robbery.
• Assault with a deadly weapon or instrument on a peace officer.
• Assault by a life prisoner on a non-inmate.
• Assault with a deadly weapon by an inmate.
• Arson.
• Exploding a destructive device or any explosive with intent to injure.
• Exploding a destructive device or any explosive causing great bodily injury or mayhem.
• Exploding a destructive device or any explosive with intent to murder.
• Burglary of an inhabited dwelling, house or trailer coach as defined by the Vehicle Code or inhabited portion of any other building.
• Robbery or bank robbery.
• Kidnapping.
• Holding of a hostage by a person confined in a state prison.
• Attempt to commit a felony punishable by death or life imprisonment.
• Any felony in which the defendant personally used a dangerous or deadly weapon selling, furnishing, administering, giving or offering to sell, furnish administer or give to a minor, heroin, cocaine, phencyclidine (PCP), a methamphetamine-related drug, or a precursor of methamphetamine.
• Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
• Grand theft involving a firearm.
• Any attempt to commit a crime listed in this subdivision other than an assault.
• Continuous sexual abuse of a child.

If you or a loved one is facing a felony case that includes a “Strike Offense”, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich; we have been helping client for over 30 years, visit us at www.wklaw.com, or at call us at (888) 280-6839.

Lindsay Lohan dodged a major bullet last week, when she had her felony charge reduced to a misdemeanor. The maximum penalty for the felony would have included time in state prison. However, now Lohan is only facing time in the Los Angles County Jail if she were to be found guilty. Los Angeles Superior court Judge Stephanie Sautner made the ruling following a day-long preliminary hearing last week. The Los Angeles County District Attorney’s Office was not happy with the ruling and may appeal it.
However, Judge Sautner did find that Lohan violated her probation stemming from a 2007 driving under the influence conviction. As such, the judge sentenced Lohan to 120 days in jail and 480 hours of community service. Lohan was taken into custody, but later released and allowed to remain out on bail pending the outcome of her misdemeanor charge.

A plea bargain would now seem likely for Lohan, as she could ask the court to run any jail time received from the misdemeanor charge concurrent with the 120 days already ordered as result of her probation violation. If you or a loved one is facing a probation violation, a theft charge, or 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 Los Angeles County and throughout Southern California for over 30 years. Call Wallin and Klarich today at 888-749-0034. We have a team of highly skilled Los Angeles criminal defense attorneys ready to take your call 7 days week, 24 hours a day!

For people who have been convicted of lower-level crimes (misdemeanors) but still have work or school obligations, it may be possible to enroll in an inmate worker program – also referred to as “pay & stay.”
If permitted by the court, a convicted person can seek to work or attend school during the day and check into a city-run detainment facility in the evening. The inmate worker program is designed to be an alternative to serving a sentence in County Jail.
This is a fee-based program that is only available to qualified applicants. To help you with this process if it becomes necessary and to best ensure that your rights are protected, you need the 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 in your case. Don’t let a mistake affect the important aspects of your life – call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.