Southern California Defense Blog

It is possible to reduce your felony conviction to a misdemeanor. This can be achieved through something called a “17(b) motion.” Reducing a felony conviction to a misdemeanor has many benefits:

• You can say that you have not been convicted of a felony on job, school, housing, or loan applications
• You can regain your ability to own a gun
• You would be able to vote and serve jury duty

To qualify for a reduction pursuant to a 17(b) motion, the offense must have been a “wobbler” and probation must have been granted.

To be clear, a wobbler is a crime that can be prosecuted as either a misdemeanor or a felony, depending on your criminal record and the facts of the case. Therefore, crimes that can only be prosecuted as felonies cannot be reduced to misdemeanors. If the felony that you were convicted of could have been prosecuted as a misdemeanor, you would qualify for a 17(b) reduction. Otherwise, you would not.

To be granted probation means that you have been allowed to serve your sentence outside of jail. However, you would need to abide by certain court-ordered conditions and you may be required to report to a probation officer. Probation must have been granted in order to qualify for a 17(b) motion. This means that if you had served any time in state prison for your felony conviction, you will not qualify.

You will certainly need the assistance of an experienced criminal defense attorney to help you achieve a felony reduction, especially if the prosecution is going to oppose it. 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.

In these tough economic times where unemployment and the competition for jobs is extremely intense many people are finding that past criminal convictions are keeping them from getting the jobs they want and in many case, any job at all. If you are among those people to know that in most cases it is possible to take actions that can help to “clean up” your criminal record and make you more employable. If you have a criminal conviction in Riverside County then you should consult with an experienced Riverside criminal defense lawyer to discuss your situation.

Factual Innocence Motions

Many people ask if they can “erase” a criminal conviction form their record and that is not possible in the vast majority of cases. A factual innocence motion is a motion that, if granted, would “seal and destroy” the arrest record of that person. This is one avenue where somebody’s record is essentially “erased”. The problem is that theses are very difficult motions to get granted and the Judge must find you “factually innocent” of the charges. These motions are mostly granted where there is a clear case of misidentification where the cops arrested the wrong guy. Even if criminal charges were brought against you and the case was ultimately dismissed or you were acquitted there is still no guarantee that a judge would find you “factually innocent”. If you were actually convicted of a crime then it would be virtually impossible to win a factual innocence motion. You should immediately consult with a Riverside criminal defense lawyer if you are looking to have your arrest record sealed.

Expungements

If you were convicted of a crime or an infraction then you may be eligible for an expungement of that conviction. It is important to know what an expungement does and that it does NOT erase the conviction form your record. An expungement, if granted, would allow you to withdraw your plea of guilty or no contest, enter a not-guilty plea, and have the case dismissed. Potential employers would be able to see that you were charged with a crime but the record would show that the case was dismissed. If your case is expunged then you would also be able to legally answer that you were never convicted of those charges on most employment and rental applications, although there are exceptions including public-sector jobs. In short, an expungement can help clean-up your criminal record and you should consult wit a knowledgeable criminal defense lawyer to see if your cases qualify.

If you or a loved one has questions about cleaning up their criminal record in Southern California then you need the assistance of an experienced criminal defense firm to help win your case. Wallin & Klarich has been helping people facing these situations for over 30 years. Call now for a free phone consultation. We’ll be there when you call.

f 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”, call Wallin & Klarich today 888-749-0034

We get several calls each week from people who have suffered a prior juvenile criminal conviction(s), are now adults, and want to know if they can get this juvenile conviction off of their record. Fortunately, the answer to their question is yes! If eligible, individuals who have suffered criminal convictions as a juvenile can have their record sealed.

Moreover, when their record becomes sealed, all records of the person’s arrest, detention, prosecution, and conviction are physically sealed off and/or destroyed. This means that no one can view or obtain the record(s). Also, once the sealing occurs, the individual can say under penalty of perjury that they were never arrested or convicted. This can be very helpful when applying for jobs, applying for enlistment in the military, applying for credit, or other opportunities.

So who is eligible to have their juvenile criminal record sealed? The eligibility requirements are listed in the Welfare and Institutions Code. Under the Welfare and Institutions Code, the individual must meet the following criteria in order to have your juvenile criminal record sealed:

1. The individual must be at least 18 years old, or 5 years must have passed from
the individual’s last arrest or discharge from probation; and
2. The individual must not have been convicted in an adult court of any felony or serious misdemeanor; and
3. The individual must be able to show that he or she is “rehabilitated”, meaning not currently engaged in criminal activity; and
4. The individual must not have sustained a Juvenile Petition for one of the serious felonies listed in Welfare and Institutions Code Section 707(b), where the individual was 14 years or older at the time of the offense.

We hope this gives you some helpful insight into the sealing of juvenile criminal records. If you or a loved one needs assistance with this process call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive juvenile 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 with their juvenile criminal matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

California strongly protects its citizens from individuals who fraudulently write bad checks. A bad check occurs when a person writes a check to a person or a company (such as a utility) knowing that there are insufficient funds to cover the amount of the check, or if the drawer stops payment after writing the check. Often time, people innocently stop payment on a check for a variety of reasons; however, this conduct is prohibited by law.

In order to be convicted for the crime of writing a bad check the prosecutor must prove beyond a reasonable doubt, that at the time you wrote the check, either acting on behalf of yourself or as an agent to another, there was a lack of sufficient funds to cover full payment of the check. The prosecution must also show that you were aware of the insufficient funds at the time and that you acted with the intent to commit fraud.

California Penal Code Section 476a stated that writing a check while knowing that funds are insufficient can be charged as a misdemeanor offense that can be punished with a sentence of up to one year in county jail. In some cases, this offense can also be filed as a felony with a sentence of up to three years in state prison.

Not only is this a crime, but there are certain civil penalties associated with writing a bad check. California Civil Code Section 1719 imposes the obligation to not only pay the face amount on the check, but also a statutory service charge or a statutory penalty charge. Service charges can add up and be very costly.

This crime, like others, have defenses a person can raise. On important defense is the “good-faith” defenses. This is when a person charged with writing a bad check had honestly believed that he/she had sufficient funds, or was simply absent-minded when writing the check. To be convicted of this crime, a person must have knowingly wrote a bad check.

If you or a loved one is charged with writing a bad check, it is important for you to consult with a skilled criminal defense attorney with knowledge of bad check law. At Wallin & Klarich, our attorneys have over 30 years of experience in helping people overcome allegations of knowingly writing checks without sufficient funds. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

41 year-old Mark Anthony Stroman sits on death row after he went on a murderous crime spree he says was motivated by “patriotism”. Stroman says he was at home watching the attacks that took place on September 11, 2001. After witnessing the attacks, Stroman decided to seek vengeance on those he believed were of middle eastern decent. The Texas inmate killed two men, and seriously wounded another before being arrested.

In California, murder is codified under California Penal Code Section 187. The penal code defines murder as causing the death of another person, or fetus, with malice aforethought. The term “malice aforethought” refers to the murderer’s mental state or intent that must be formed before the act can constitute murder.

What are the punishments for murder in California?

A conviction of first-degree murder is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. A conviction for second degree murder is normally punishable by imprisonment in state prison for a term of 15 years to life. The circumstances surround the murder will determine whether it will be charged as a first-degree and second-degree murder

The fact that a crime such as murder was fueled by hate, that hate crime can be treated as an enhancement for purposes of sentencing and punishment. A defendant that has a hate crime enhancement attached to their underlying crime, is likely to face a more sever punishment.

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.

A person was on his own private property when he received a driving under the influence charge. The man claims that law enforcement did not witness him operating a motor vehicle, nor was he inside the vehicle when law enforcement contacted him. Despite all this, he was arrested and charged with a driving under the influence.

Most people who get arrested and charged with driving under the influence in California ultimately get charged with two separate misdemeanor offenses. Driving under the influence is codified under California Vehicle Code Section 23152. It states that

(a) it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) 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.

For purposes of driving under the influence, the law does not differentiate between driving on private property and driving on public property. As such, as long as the prosecutor can prove that the person did in fact operate a motor vehicle while under the influence, the person can be convicted of driving under the influence. Regardless of whether the driving occurred on private or public property.

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 wklaw.com for more information.

United States federal agents arrested and charged four men who are allegedly members of an international smuggling ring. According to federal authorities, it is the first time an alleged antiquities smuggling ring has been dismantled within the United States. The men are charged with conspiring to smuggle artifacts and money laundering.

Under federal law its illegal to engage in money laundering. The law porhibits anyone from conducting or attempting to conduct a financial transction that involves the proceeds of specified unlawful activity either:

1) with the intent to promote the carrying on of specified unlawful activity; or

2) with intent to engage in conduct constituting avoidance of taxes

when that person knows that the transaction is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or to avoid a transaction reporting requirement under State or Federal law.

Under the law, prosecutors must prove beyond a reasonable doubt that the charged person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that contitues a felony under State or Fedreal law.

What are the potential punishments if convicted under federal money laundering laws?

If convicted of money laundering under federal law, a person faces a fine up to $500,00 or twice the value of the propertyinvolved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both.

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.

A woman has been arrested on suspicion of drugging her estranged husband and cutting off his penis with a knife and throwing his penis in the garbage disposal and then turning the disposal on. Catherine Kieu Becker, appeared in court this week on felony charges of torture, aggravated mayhem as well as sentencing enhancements for great bodily injury and personal use of a knife. The maximum time she faces for these charges is life in prison with the possibility of parole.

These are very serious crimes which could expose you to numerous penalties not the least of which is potential long prison term.

Under Penal code section 206, if you, with the intent to cause cruel or extreme pain and suffering to another person for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another, is guilty of torture. Torture is punishable by imprisonment in the state prison for a term of life.

In addition, to the torture charge, she is also being charged with aggravated mayhem. Under penal code 205, you are guilty of aggravated mayhem when you unlawfully, under circumstances manifesting extreme indifference to
the physical or psychological well-being of another person,
intentionally causes permanent disability or disfigurement of another
human being or deprives a human being of a limb, organ, or member of
his or her body. Aggravated mayhem is a felony punishable
by imprisonment in the state prison for life with the possibility of
parole.

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

When a person commits a crime, he or she will have to deal with criminal prosecution and a potential civil lawsuit by the alleged victim. Often times when there is a conviction, the victim may seek restitution in the criminal case, even after receiving money from a civil judgment. As such, Courts tend to struggle to determine how much credit a defendant can receive for payments to a victim by an insurance company. Courts look at three different criteria to determine whether or not the defendant is entitled to any credit for payments made by an insurance company.

First, the court may look at who purchased the insurance. For example, if the parent of the defendant purchased the insurance, the defendant will not be given credit for the civil settlement towards any potential restitution obligation.

Second, rather than focus on who purchased the insurance, the Court can focus on whether or not the defendant was listed in those documents. If so, then defendant can receive credit since the defendant received a benefit

Third, the Court may offer the defendant credit by reviewing the insurance policy and determining if the insurer was really the defendant’s insurer.

To make matters worse, the law in California allows an insurer to not be liable for a loss caused by the willful act of the insured. In other words, the State will not allow an insurer to pay for harm caused by an intentional crime. For example, if a person intentionally sexually molests another person, the insurer would not be required to pay for the loss suffered by the alleged victim and the defendant would be left to foot the bill at a restitution hearing.

If you or a loved one is charged with crime it is important that you speak with an experienced criminal defense attorney who can navigate you through the difficulties of a restitution hearing. At Wallin & Klarich, our attorneys have over 30 years of experience in handling restitution hearings. Our attorneys will fully inform you of your options as they navigate through the complex court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.

If you are convicted of a sex crime that triggers the lifetime requirement to register as a sex offender, you will be responsible for abiding by certain requirements.

A failure to do so can result in additional jail time. If you were convicted of a felony sex offense and you violate the registration requirements, you can be thrown into state prison for up to three years. You can spend up to one year in county jail if the underlying offense was a misdemeanor.

These are the basic rules to registering as a sex offender:

Where do I Report?
You must appear in person to register with the police department of the city where you live, or with the sheriff's department if there is no police department.

How often do I Report?
You must register every year for the rest of your life. You must update your information within 5 days after your birthday, or within 5 days of changing your address.

What if I am Homeless?
Even if you are homeless, you still have an obligation to register. You would have to register as a “transient” within 5 working days after being released from custody. You will have to register with the nearest law enforcement agency where you are physically present and you must update your information every 30 days.

What if I Change My Name?
You must inform the law enforcement agency of your name change within 5 working days after the name change.

Do I Register if I am Attending a California University?
Yes. If you are enrolled or employed by the University of California, California State University, community college or other institution of higher learning, you will be required to register with the campus police department in addition to your normal registration requirement.

Do I Have to Register in California if I was Convicted of a Sex Offense Out-of-State?
If you were convicted of a sex offense in another state, you will likely be required to register in California if you were required to register in your other state.

What if I Have More than One Residence?
If you live in two different addresses, you need to register with law enforcement agencies near each residence.

Do I Have to Register if I am a Juvenile Sex Offender?
Yes, but your identity cannot be publicly disclosed by law enforcement as a registered sex offender.

Can I Get Out of Having to Register as a Sex Offender?
Yes. You can get a certificate of rehabilitation or a governor’s pardon to relieve yourself of the duty to register as a sex offender. You will need to help of an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you get out of registering as a sex offender. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Megan's Law

Megan's Law allows the state to post your picture and address on the Department of Justice website if you have been convicted of certain sex offenses. The date of conviction does not matter. In certain cases, it is possible to have your name, address, and picture taken off the website. For instance, if your conviction is for a misdemeanor violation of Penal Code sections 647.6 (annoying or molesting a child under 18 years of age) or 243.4 (sexual battery) you simply have to send the DOJ a petition for exclusion. This petition can be found on the DOJ website (www.meganslaw.ca.gov)

If you are on the DOJ website for any other offense, you can only be excluded if ALL of the following conditions apply:

1. You are currently are on probation or have successfully completed probation. If you went to state prison you are NOT eligible for exclusion. ALSO,
2. The victim must have been a family member. This is defined as son/daughter, step son/daughter, mother, father, sister, brother, grandchild, or grandparent. "Family member" does not include nephews or nieces. FINALLY,
3. The crime must not have involved oral copulation or any type of penetration. It is the burden of the petitioner to prove this by the police report, probation report, Doctor's report evaluating the offender, or other like official document

Jessica's Law (Proposition 83)

Jessica's Law is a very complex and multifaceted initiative that passed into law on November 7, 2006, and it will be several years before most of the provisions have been interpreted by the courts. The legislature may also make changes and amendments in the meantime. However, at this point it appears that the 2,000 foot prohibition (preventing all 290 registrants from living within 2,000 feet of a school or park) does NOT apply to anyone whose conviction pre-dates the passage of the bill. Be aware that Attorney General Jerry Brown has maintained that the measure applies to persons who were released before November 7, 2006, "if they changed their residence after November 7, 2006." To date, no court has ruled on this issue.

If you are on Parole, the Parole Board may require you to comply with the provisions of "Jessica's Law," even if the offense for which you are currently on parole is not a sex offense, or your offense pre-dates the passage of Jessica's Law. The Parole Board can impose greater restrictions on you so long as it is reasonably related to your offense or record, and it is unlikely that you will be able to successfully challenge the conditions of parole. It is a different issue, however, once you are off parole. At that point, your ability to challenge such limitations improves

The law regarding GPS monitoring remains largely unclear. However, it does seem clear that any person who is on parole for a registerable sex offense can be required to be hooked up to a GPS for the duration of parole. It is not clear whether it is a lifetime requirement if the crime or conviction predates the passage of the law. It is also unclear if a person on parole for a non-registerable offense, but who is required to register as a sex offender, can be placed on the GPS under this law.

If you questions about how these laws apply to you, or how you can get off PC 290 registration, 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.

The elements to convict for criminal threats in Los Angeles are defined in People v. Toledo (2001) 26 Cal.4th 221, 227-228. In order to prove a violation of section 422, the prosecution must establish all of the following:

(1) The defendant “willfully threatened to commit a crime which will result in death or great bodily injury to another person,”

(2) The defendant made the threat “with the specific intent that the statement . . . is to be taken as a threat, even if there is no intent of actually carrying it out,”

(3) The threat which may be made verbally, in writing, or by means of an electronic communication device was “on its face and under the circumstances in which it was made so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat,

(4) The threat actually caused the person threatened to be in sustained fear for his or her own safety or for his or her immediate family’s safety, and

(5) The threatened person’s fear was reasonable under the circumstances.

All of the above elements must be met in order to convict. Criminal threats allegations require experienced legal counsel, like the attorney at Wallin & Klarich. If you or someone you know has been accused of a crime, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result. At Wallin & Klarich, we have helped people accused of criminal threats for over 30 years. Call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

According to the Los Angeles County Sheriff’s Department, detestable messages targeting gays were found scrawled outside a business in Lancaster Sunday. Spray painted messages such as "Kill All Gays Now" and "Gays Go 2 Hell" were spray painted outside the business between 10 p.m. Saturday and 5 a.m. Sunday. According to the Sheriff’s Department, the matter is being treated as a hate crime.

In California, a misdemeanor hate crime is codified under California Penal Code Section 422.6. A person can be convicted under Penal Code Section 422.6 if they willingly injured, intimidated, or interfered with another person’s constitutional rights or privileges by force or threat of force, or damaged, defaced, or destroyed a person’s property.

If convicted, a defendant faces up to one year in a county jail, a maximum fine of $5,000, and a maximum of 400 hours of community service. In addition, a conviction under California Penal Code Section 422.6, will result in more severe punishments if convicted of another hate crime in the future.

Under California Penal Code Section 422.7, a prosecutor may charge a defendant with a felony, for a hate crime that would otherwise be charged as a misdemeanor, if:

The crime against the person of another either includes the present ability to commit a violent injury or causes actual physical injury, or
The crime against property causes damage in excess of four hundred dollars ($400), or
The person charged with a crime under this section has been convicted previously of a violation of California Penal Code Section 422.6.
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.

When you receive a citation to appear in court for a traffic ticket and then the date comes and you don’t show up for court, the Judge will issue and bench warrant for your arrest. In this situation, you have turned a potential fine and penalties of the Department of Motor Vehicles into potential loss of freedom and misdemeanor conviction on your permanent record. Call a Riverside Criminal Attorney to help.

There are civil assessments that are also added to the penalties which could be more than the actual fine for the citation. In addition, you will need the help of an experienced attorney to best navigate through the legal process.

There are several elements that the prosecution will need to prove for this particular crime;
1. You received a citation; 2. In connection with that citation, you signed a written promise to appear in court or received a lawfully granted continuance of your promise to appear; and
3. You willfully failed to appear in court.
Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

If you or a loved one has been accused of failing to appear in court, do not delay and contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully representing people in this situation. We will work to aggressively represent 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.

More frequently people are using various forms of transportation including bicycles. Did you know that there are similar laws that apply to a person riding a bicycle, just like the rules of the road, including laws about drinking and riding a bicycle.

Under California Vehicle code section 21200.5, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

If you have been lawfully stopped by an officer after riding a bicycle and drinking, you will have been deemed to give your consent to chemical testing of your blood or breath for the purpose of determining the alcoholic content.

This is an infraction and therefore a conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5, which allows the Department of Motor Vehicle to suspend a person under 21, who is convicted of this or other similar charges to lose their driving privileges for a period of one year.

If you or a loved one have been accused or charged with (BUI), it is 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 these types 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.

According to a recent study, motor vehicle thefts in California occur at a rate of double the national average. Motor vehicle related thefts are one of the most common charges filed against a defendant in California.

California Vehicle Code Section 10851, states that “any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing”, is guilty of theft of a motor vehicle.

A felony conviction under California Vehicle Code Section 10851 may result in up to one year in state prison or by a fine up to five thousand dollars, or by both the fine and imprisonment. In addition the imprisonment and fines, a person convicted of a motor vehicle theft, also faces a suspension or revocation of their driving privileges.

Under California law, the court may impose a suspension or revocation for a person convicted of theft of a motor vehicle. A conviction allows the court to impose an open-ended license suspension or revocation, with no specified ending date. The California Courts have the power to suspend or revoke a person’s driving privileges indefinitely. 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.