Southern California Defense Blog

The Court of Appeals in Los Angeles has just ruled that a visitor to an inmate has no expectation of privacy in any item that they may place in a jail or prison locker.

On September 29. 2011 the court ruled in People vs. Boulter that if you decide to place any item in a locker in a prison or jail facility it is subject to search and seizure without probable cause and without a warrant.

What this means is that if jail or prison officials locate anything that may be illegal to possess that you have placed in the locker you can and likely will be prosecuted for a crime.

As we all know it is difficult to visit a loved one in custody. There are scores of rules that you must follow and of course you are subject to search and seizure before you are allowed to visit your loved one in custody. Most jail facilities require to you remove all of your personal items and place them in a locker before entering the prison.

Our advice is be smart and do not bring anything that might get you in trouble into any prison facility. Leave all of your personal items at home or lock them securely in the trunk of your car when visiting a loved one in a jail or a prison facility. We realize that it is often very emotional when you are visiting a loved one in custody. Sometimes we might forget that you are entering a law enforcement facility and there are very strict rules that must be followed. Keep your personal items at home to avoid any potential problems.

If you or a loved one have been accused or charged with a 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 experience handling all types of criminal 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.

Children can be a handful and they do require constant care and attention. It is not humanly possible, however, for a parent to be 100% attentive and aware of their children. Nonetheless, it is a criminal offense known as child endgangerment to place a child in a situation that will endanger its mental, emotional, or physical well-being.

If you place a child in a dangerous situation without taking steps to ensure the child’s safety, you can face misdemeanor or felony charges – even if the child never actually suffers any harm.

Obviously, you can incur this charge if you brutally beat or shake an infant (or leave the infant in the care of a violent person who endangers the infant). You can also incur this charge by leaving your child in a locked car on a hot day or by leaving your child alone in the house where there is easy access to dangerous chemicals and appliances.

In other words, you can be charged with child endangerment for being “criminally negligent,” or acting in a way that shows that you simply did not care about the safety of human life. This would be true even if you did not intend to injure or harm anyone.

A child endangerment is a wobbler that can be charged as either a felony or misdemeanor. You can potentially serve a jail sentence of up to one year in county jail or up to six years in state prison. A felony child endangerment conviction may also result in a strike pursuant to California’s Three Strike law.

California also has a body of Child Abuse laws that make it a crime to directly inflict pain upon a child. If you personally inflict physical pain on a child, you can face both child endangerment and child abuse charges.

In any case, Child Endangerment is a serious charge that calls for the skill and expertise 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 outcome. Call us today at 877-230-1528 or visit us online at www.wklaw.com. We will be there for you when you call.

In a previous blog, we explained some of the general differences between Federal Court and the California State Court system. Now we will expand on some of the ways a case may end up in Federal Court as opposed to the California State Court system:

1. As stated earlier, Federal Court deals with Federal Crimes. Thus, if a person is alleged to have committed a Federal Crime, the case will be heard in Federal Court.

2. Another way a case may end up in Federal Court is if a civilian (non-military) commits a crime on a United States military base, in violation of a military code. Since the civilian is not subject to a military court marshal, their case must be heard before the Federal Court. The most common instance is a spouse receiving a DUI on a base.

3. Another way a case may end up in federal Court is if the alleged crime involves an act that crosses State borders. The most common example involves a crime that is committed over the internet, such as the trafficking of Child Pornography, etc.

4. Note: there are specific crimes as enumerated in Article Three of the United States Constitution, such as Treason, of which must be heard in Federal Court.

We hope that this gives you some general information about some of the ways a case may end up in Federal Court as opposed to the California State Court system. If you or a loved one needs the help of a federal criminal defense lawyer, 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 with their Federal Criminal Defense matters for over 30 years and we would like to help you with yours! A qualified, experienced Federal Criminal Defense attorney from the firm will be able to evaluate your case when you call.

Recently, in Santa Ana, a defendant was tried and convicted of attacking and strangling a prostitute during a robbery attempt in Garden Grove in 2009.

Cesar Gomez, 36, of Artesia now faces a potential life term in prison without the possibility of parole at his sentencing later this year.

The victim had posted her profile on an escort website that she would be staying in town for three days back in August 2009. Men would call to arrange to meet the victim for sex, and she would provide them with her address and room number. Gomez’s DNA was linked to the crime scene and the victim’s laptop was found at his home.

The victim was found severly beaten by the staff of the hotel, after the incident.

Are you or a loved one facing similar charges. You will need to hire an experienced criminal defense firm. For you to be convicted of murder, in violation of Penal Code section 187(a), the prosecution needs to prove that: 1. You committed an act that caused the death of another person or a fetus; 2. When you acted, you had a state of mind called malice aforethought; 3. You killed without lawful excuse or justification.

There are two kinds of malice aforethought, express malice and implied malice. Proof of either is sufficient to establish the state of mind required for murder.

If you or a loved one have been accused or charged with the crime of murder, 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.

One can only hope to never be charged with a federal crime. But if you are arrested, the first thing you should do is contact a Southern California Federal Criminal Lawyer because the Federal criminal justice system is convoluted and often stringent in regard to bail and release.

Pretrial release under the Federal Bail Reform Act gives four provisions for setting bail:
(1) release the defendant on personal recognizance or unsecured bond;
(2) release the defendant on conditions;
(3) temporarily detain the defendant to permit revocation of conditional release, deportation or exclusion; or
(4) detain the defendant.

Factors the judicial officer shall take into account are
• the nature and circumstances of the offense charged
• the weight of the evidence
• the characteristics of the defendant (community ties, criminal history, employment, family ties, financial resources, mental condition, etc.)
• the nature and seriousness of the danger to any person or the community that would be posed by the defendant’s release

Pretrial release on personal recognizance or an unsecured appearance bond will not be granted if the court determines that such release will not reasonably assure the defendant’s appearance in court or will endanger the safety of any other person or the community. Federal judges have been given broader discretion to detain a defendant if there is a concern for the safety of the community, which includes a foreign community and not just physical harm.

To navigate through the Federal Court system successfully and have a better chance of being released from Federal custody, you must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Visit our website at www.wklaw.com or call us at 888-749-0034. We will be there when you call.

In Los Angeles this week, a 21-year-old man who is accused in the off-campus shooting of two USC students at a party a couple of weeks ago, plead not guilty in court this week. Tyson Tyree Smith is charged with two counts each of attempted murder and assault with a semiautomatic firearm
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The two victims confronted Smith at the party in the earlier morning hours after they thought he was trying to take some personal property. Apparently, Smith shot the unidentified female in the hand and a male in the stomach. The male victim is lucky to be alive. He was released from the hospital recently. Smith, a local resident was arrested this week.

He remains in custody held on bail of a $3 million and is scheduled to be in court at the end of the month.

For the prosecutor to convict a person of this crime, the People must prove that: 1. The defendant did an act with a deadly weapon or a firearm that by its nature would directly and probably result in the application of force to a person; 2. The defendant did that act willfully; 3. When the defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone; 4. When the defendant acted, he had the present ability to apply force likely to produce great bodily injury with a deadly weapon or with a firearm to a person; and 5. The defendant did not act in self-defense or in defense of someone else.

If you or a loved one live in the Los Angeles area and have been accused or charged with this crime, it is very important that you speak with an experienced Los Angeles 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.

A Fullerton police officer pleaded not guilty Wednesday to charges of involuntary manslaughter and felony use of excessive force in the beating death of a mentally ill homeless man who died after a police arrest. Another officer charged with second-degree murder, a more serious offense, continued his arraignment date.

The death of Kelley Thomas, a homeless man, has received national attention. Kelly Thomas, a 37-year-old homeless man with schizophrenia, was beaten by members of the Fullerton Police Department during an altercation and died five days later. Thomas was unarmed at the time of the beating.

In California, manslaughter is codified under California Penal Code Section 192. The penal code defines manslaughter as the unlawful killing of a human being without malice. It is of three kinds: voluntary, involuntary, and vehicular.

Involuntary manslaughter is defined as an unlawful killing that takes place:

1. During the commission of an unlawful act (not amounting to a felony), or

2. During the commission of a lawful act which involves a high risk of death or great bodily harm that is committed without due caution or circumspection.

What are the punishments for involuntary manslaughter in California?

A conviction of involuntary manslaughter in California carries a maximum penalty of up to four years in California State Prison.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced Orange County 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 wklaw.com for more information.

Simply stated, this crime occurs when you willfully and unlawfully use force or violence upon another human being. Most people get the impression that you probably punched someone in the midst of a bar-room brawl, but assault and battery encompasses much more than that.

Assault and Battery can be charged whenever there is a willful touching that is either harmful or offensive. You don’t necessarily have to break any bones or cause a bruise to be charged. Even kissing another human being or spitting on them can incur an Assault and Battery charge because they can qualify as unwanted, offensive touching.

It isn’t even required that you personally touch any part of the victim’s body. The charge can be triggered for merely touching the victim’s clothing or touching something that is closely connected or attached to the victim’s body. Kicking out a person’s walking cane from under them or snatching a dinner plate from their hands can qualify as Assault and Battery.

Charges that do not result in serious bodily injury are prosecuted as a misdemeanor which includes a possible jail sentence of up to six months in county jail and/or a maximum fine of $2,000. If you do cause serious injury, you may be upgraded to “aggravated battery” which is not a pretty charge, it may expose you to a felony conviction and a strike pursuant to
California’s Three Strikes law. The same goes with using a deadly weapon or means of force that is likely to cause great bodily injury. This means using objects like a lead pipe, or a gun, or even your car.

You would also create more trouble for yourself if you used unlawful force on certain individuals like a police officer. In these unfortunate situations, you will likely face harsher jail terms and higher fines than normal Assault and Battery charges – regardless of whether or not serious injury resulted.

In any case, Assault and Battery is a serious charge that calls for the skill and expertise of a Los Angeles assault attorney like the ones at Wallin & Klarich. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible outcome. Call us today at 877-230-1528 or visit us online at www.wklaw.com. We will be there for you when you call.

Under California law, theft can be classified under two categories; grand theft and petty theft. At first glance, these two categories can be confusing, but the major distinction is what was stolen and the price of the item stolen. Generally speaking, theft in California is described as any unlawful taking of someone else’s property with the intent of keeping it permanently.

Grand theft is defined as the taking of personal property of another when the property’s value exceeds nine hundred and fifty dollars. Often times, someone can be charged with grand theft even though the value of the item stolen did not exceed nine hundred and fifty dollars. In these cases, a person stealing things such as a car, a firearm, and a farm animal can be charged with grand theft, regardless if the item stolen exceeded nine hundred and fifty dollars.

On the other hand, petty theft is defined as the taking of personal property of another when the property’s value does not exceed nine hundred and fifty dollars.

The punishment for grand theft is definitely more serious. Grand theft is a “wobbler,” which means that the prosecution can charge the crime as a misdemeanor or a felony depending on the facts and circumstances. A misdemeanor conviction of grand theft is punishable by imprisonment for up to one year in county jail and/or a fine. A felony conviction of grand theft is punishable by imprisonment for up to three years in state prison and/or a fine.

The punishment for petty theft includes imprisonment for up to six months in county jail, or a fine of up to one thousand dollars and/or a fine.

If you or a loved one is facing charges for grand theft or any other theft crime, contact our Orange County theft crime attorneys at Wallin & Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

The presiding judge over a criminal trial involving a California teen accused of murdering a gay classmate at a Ventura County junior high school declared a mistrial.

The 12-member jury panel told Judge Charles Campbell that they were unable to reach a unanimous decision as to the degree of Brandon McInerney’s guilt for the killing of 15-year old Larry King. The jury, comprised of nine women and three men, said they took a series of votes but could not decide on whether to convict on voluntary manslaughter or first-degree or second-degree murder. The jury had been deliberating for about week.

It is undisputed that three years ago, McInerney took a .22 caliber handgun to a computer lab class in school and shot King twice in the back of the head. The act was committed in front of other classmates.

The prosecution argued that McInerney, then 14, adopted white supremacist tenants and viewed homosexuality as an abomination. The prosecution also argued that the act was premeditated in that six people heard McInerney threatened King days before the shooting.

The murder defense attorneys, however, denied McInerney’s white supremacy affiliations and explained that King wore high heels, makeup, and feminine clothing that made other students uncomfortable. McInerney reached an emotional breaking point after King made repeated unwanted sexual advances. The defense also argued that McInerney was the victim of physical abuse at home from his father, who has since died, and did not receive proper guidance and emotional support.

The differences between a manslaughter conviction and a murder conviction are great. It can mean the difference between being labeled a person who acted under severe emotional or mental duress or a cold-blooded murderer. If you face homicide charges, you will need a skilled criminal defense attorney who can help you achieve the best possible result.

The criminal defense attorneys at Wallin & Klarich, our attorneys have been in practice for over 30 years and can ensure that your rights are not violated. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

Recently, it was reported that the former president of the Ventura County Chapter of the Hells Angels was arrested on federal charges stemming from an extortion plot and the firebombing of two competing tattoo shops back in 2007.

George Christie Jr., 64, of Ventura, was one of four defendants arrested recently on charges of federal conspiracy, extortion, and arson charges contained in a six-count indictment.

The indictment alleges that Christie conspired to threaten the owners the tattoo parlors in an effort to get them to close down their businesses. When the owners refused to close Christie allegedly conspired to firebomb the businesses. Christie is charged with extortion conspiracies, one count of conspiracy to use fire or explosives to damage property, and two counts of use of fire or explosives to damage property.

Both of the tattoo parlors were damaged in July of 2007 when Molotov cocktails were thrown into the businesses by individuals acting in furtherance of this conspiracy.

The three counts in the indictment that charge the extortions each carry a statutory maximum penalty of 20 years in federal prison. The counts in the indictment that allege arson each carry a statutory maximum penalty of 20 years in federal prison, and a mandatory minimum of five years in federal prison. Therefore, if he is convicted of all six counts in the indictment, Christie would face a statutory maximum penalty of 120 years in federal prison.

If you or a loved one have been accused or charged with a federal crime, it is very important that you speak with an experienced federal 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.

Are jurors allowed to conduct their own independent investigations? The simple answer to this question is no! As a juror, you may feel that something is missing from the trial that you are sitting as a juror on. For example, you may feel that certain witnesses have not been called to testify, other extremely relevant evidence has not been presented, one the attorneys is doing a bad job in presenting his or her client’s case, etc. However, you are not allowed to conduct your own investigations to fill in answers to questions that you may have, etc. You must simply rely on the evidence presented to you in court.

In fact, there is a specific jury instruction that details this requirement. This very important jury instruction reads a follows:

“You must decide all questions of fact in this case from the evidence received in this trial and not from any other source. When a witness has testified through a Certified Court Interpreter, you must accept the English interpretation of that testimony even if you would have translated the foreign language differently. You must not independently investigate the facts or the law or consider or discuss facts as to which there is no evidence. This means, for example, that you must not on your own visit the scene, conduct experiments, or consult reference works or persons for additional information. You must not discuss this case with any other person, including, but not limited to spouses, spiritual leaders or advisers, or therapists, except a fellow juror during deliberations when all twelve of you are together in the jury room, and then only after the case is submitted to you for your decision and only when all twelve jurors are present in the jury room.”

We hope that the information in this blog gives you some helpful insight as to what is expected of a juror. If you or a loved one needs assistance with any criminal defense matter 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 with their criminal defense 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.

“I didn’t actually complete a crime. I simply started to commit a crime, but didn’t follow through with it. Is this still a crime?” From time to time, we get calls from callers wanting to know if such an occurrence still qualifies as a crime. They want to know if they can still be prosecuted even if they didn’t actually “complete” a crime for what ever reason there may be. The answer to this question is yes. If the prosecutors are able to prove two very specific elements, then it will be considered an “attempt” to commit a crime, of which is a crime in of itself. These two elements are a specific intent to commit a crime and a direct but ineffectual act done toward its commission.

There is a very specific jury instruction that addresses when something will be considered an “attempt” to commit a crime.

The jury instruction reads as follows:

“An attempt to commit a crime consists of two elements, namely, a specific intent to commit the crime, and a direct but ineffectual act done toward its commission. In determining whether this act was done, it is necessary to distinguish between mere preparation, on the one hand, and the actual commencement of the doing of the criminal deed, on the other. Mere preparation, which may consist of planning the offense or of devising, obtaining or arranging the means for its commission, is not sufficient to constitute an attempt. However, acts of a person who intends to commit a crime will constitute an attempt where those acts clearly indicate a certain, unambiguous intent to commit that specific crime. These acts must be an immediate step in the present execution of the criminal design, the progress of which would be completed unless interrupted by some circumstance not intended in the original design.”

We hope that the information in this blog gives you some helpful insight into what is required to prove an “attempt” to commit a crime. If you or a loved one are facing “attempt” to commit a crime charges or any other type of criminal charge(s), 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 with their criminal defense 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.

Possession and/or distribution of child pornography in California is an increasingly serious crime and can now lead to a prison sentence of up to six years and a fine of $100,000 under penal code section 311. Conviction of this crime also requires lifetime registration as a sex offender which can have a devastating lifetime impact. It is important to know what the law is and potential defenses if you are facing this charge in California. Relevant portions of Penal Code 311 read as follows:

Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct.. is guilty of a felony…

It is important to note that the law requires the prosecution to prove knowledge of possession or distribution to be found guilty of this charge. A viable defense in many cases is that the child pornography was inadvertently downloaded at the same time as adult pornography without that person’s knowledge. Forensic computer experts may be able to show that the child pornography found was never viewed by the person indicating that they had no knowledge it was on their computer. A “common computer” in a household may create doubt as to who specifically downloaded or distributed the matter. Each case is different and defenses that apply will vary form case to case.

If you or a loved one is facing child pornography charges in Southern California, it is important that you contact 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.

You're running into a store to grab some groceries, returning a video rental or picking some medicine from a pharmacy. You decide that there is little or no harm to leave your young child in the car unattended for a few minutes. The next thing you know you return to your car to find the police waiting for you. You are then either arrested or charged with a misdemeanor or felony or you are cited for an infraction. Someone has called the cops to report that you left your child in the car and now you are in major trouble. The bottom line is that leaving a child who is age six or younger unattended in your vehicle is against the law.

Under California Vehicle Code Section 15620, it directly states a parent, legal guardian, or other person responsible for a child who is 6 years of age or younger may not leave that child inside a motor vehicle without being subject to the supervision of a person who is 12 years of age or older, under either of the following circumstances: (1) Where there are conditions that present a significant risk to the child's health or safety. (2) When the vehicle's engine is running or the vehicle's keys are in the ignition, or both.

In a recent case we handled, a young mother left her infant in her car unattended in vehicle for 5-10 minutes while grabbing some medicine for the child from the pharmacy. Pursuant to California Vehicle Code Section 15620 (b) the punishment for this violation is a fine of one hundred dollars (which ends up really costing almost $500) and can also require any defendant to attend a education program on the dangers of leaving young children unattended in motor vehicles. In this woman's case, the police officer did our client a favor and only cited her for an infraction. In fact the police officer could have arrested her for a much more serious offense and could have called child protective services to have her child taken from her and put into protective custody.

In fact, in the discretion of the prosecuting attorney a defendant in the situation outlined above can be arrested and charged with a violation of California Penal Code 273A and if found guilty of child endangerment which can be punished by imprisonment in a county jail not exceeding one year if filed a misdemeanor or if filed as a felony for two, four or six years in state prison.

Often young parents forget that leaving a young child in a vehicle can lead to serious injury or death to the child. Especially when the summary temperatures rise, having a young child in a hot car for just a few minutes can lead to serious injury. In addition leaving your car running with your child in the car can lead to your vehicle as well as your child being taken by someone who decides to take your car. It should be clear that child endangerment is a serious criminal offense. If you or a loved one have been accused or charged with leaving a child unattended in a car, it is very important that you speak with an experienced criminal defense attorney immediately. At Wallin and Klarich, we have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result in your case. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case. We will be there when you call.

Lewd act upon a child charges under penal code 288 are among the most serious child molestation charges one can face in California and a single conviction on one count of this crime can result in a prison sentence of up to eight years and lifetime registration as a sex offender. If you or a loved one is being prosecuted for this crime it is important to know what the law is and potential defenses to this crime. Relevant portions of penal code 288 read as follows:

any person who willfully and lewdly commits any lewd or lascivious act... upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.

There are many potential defenses to this very serious crime and all potential defenses should be considered in defending against penal code 288 allegations. For example, it can be argued that any touching was accidental and therefore not “willful” as required to convict under the law. It is always a good idea to get a psychological evaluation done by a licensed psychiatrist or psychologist that can demonstrate that you do not have an abnormal or unusual sexual interest in young children. Expert testimony to this effect would be admissible at trial. Often times law enforcement is very suggestive to young alleged victims in these cases and can lead a young child to make allegations that are completely untrue. A thorough review of the case can uncover this type of conduct by law enforcement and this can have a major impact on the case.

If you or a loved one is facing child molestation charges in Southern California it is important that you contact 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.

If you get convicted of certain misdemeanors in California you will lose your right to own or possess a firearm. In some cases the loss of 2nd Amendment rights lasts a period of ten years. In other cases, the right to bear arms can never be recovered. The length of the ban depends on the crime you were convicted of and whether the ban would be imposed under state or federal law.

If you have been convicted of a crime involving domestic violence in California, then your right to bear arms is lost forever under the current state of federal law. It is important to note that the crime must only “involve” domestic violence and does not require a conviction on a domestic violence charge. Even if your domestic violence charge is reduced to something as minimal as “disturbing the peace”, you are prohibited from owning a firearm. While you technically could have your right to own a gun restored ten years after the date of conviction under state law, it does nothing to help you under federal law.

Generally speaking, if your misdemeanor triggered the 10 year ban but did not involve domestic violence, then you have to wait 10 years from the date of conviction to restore your 2nd Amendment rights. It is also important to know that your gun rights are not restored when probation ends on your case and that an expungement does nothing to restore gun rights either.

Not all cases or convictions fit neatly in one box and different factors may apply to your case. If you or loved one is facing criminal charges in California, it is important to consult with an experienced criminal defense attorney to help protect your rights. At Wallin & Klarich, our attorneys 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.