Southern California Defense Blog

Dr. Conrad Murray was sentenced today to four years in the Los Angeles County Jail under California’s new sentencing laws that went into effect October 1, 2011. The judge sentenced Murray to the maximum sentence allowed by law which seems extremely harsh considering his lack of prior criminal record as well as the many outstanding things he had done for the community.

However in some ways Dr. Murray is very lucky due to the “timing of his sentencing”. Prior to October 1, 2011 Dr. Murray would have been sentenced to four years in state prison. This would mean he would have done two full years in prison. At the conclusion of his prison term he would have been placed on three years of parole. It is horrible to be on parole as you are monitored closely as to all aspects of your life. The good news for Dr. Murray is that under the new law he will spend his time in the Los Angeles County Jail and not prison. What this means is it is extremely likely he will not serve anywhere near a two year sentence. In fact, based upon the nature of his crime and lack of prior record and the overcrowded condition of the Los Angeles County Jail, he could serve as little as a few weeks or months in custody.

What is even more important for Dr. Murray is that after he is released from custody he CANNOT be placed on parole or probation. This means he will be “free” to do what he wishes to do and not be “hounded” by parole officers. He will not have to answer to anyone as to what he chooses to do.

It is unfortunately that the judge imposed the four year maximum sentence on Dr. Murray. However, in reality Dr. Murray is extremely fortunate that his sentence took place after October 1, 2011.

One state judge is fed up with what is going on with the local jail where he sends prisoners to serve their sentences. The judge has been sentencing defendants to specific amounts of time to be served in the local county jail. However, the jail is releasing the defendants soon after they enter the jail and well before they complete their imposed jail sentence.

The overcrowding situation in Southern California jails has been brought into a negative light in recent weeks thanks in large part to the Lindsay Lohan saga, and the fact that she served a mere hours of a 30 day sentence. Paris Hilton is another celebrity that was out of jail faster than law enforcement could process her.

The argument that can be made by the judge is that if the sentences the court imposes are not in fact carried out then the judicial system will breakdown. Those thinking of committing crimes will learn that if they commit a crime and are caught, the sentence the judge imposes for their crime will not be imposed. This may encourage more criminal activity since the fear of a lengthy jail sentence will be gone.

On the other hand the local jail officials are saying that they are mandated by a federal court order to not permit their jail to become overcrowded. When the inmate population reaches the maximum number allowed by the federal court order they must make a decision to release some inmates. They state that they often will release those inmates who are in custody for the least serious offenses. However, a major argument can be made that the decision as to who should be released from the jail should NOT be made by jail officials but rather by the judges who impose the sentences.

The bottom line behind this argument is a lack of adequate funding to employ enough jail personnel to insure the safety of those that are in custody.

The outcome of this lawsuit will be watched closely by every person who is concerned about our criminal justice system.

How can it be fair that a person sentenced in Orange County to one year in jail will serve six months prior to release. A person in Los Angeles County who commits the exact same offense and receives the same one year jail sentence will likely do only a few days in custody before he or she is released due to overcrowding. A defendant in Fresno with a similar sentence may serve sixty days and be released. California has always prided itself on the concept of “equal justice for all”. It seems that equal justice for all now seems to be depend upon where a person chooses to commit a crime.

Luckily, while all of this craziness is playing out Wallin and Klarich, a criminal defense law firm with over thirty years of experience is on top of the latest developments and knows the very best way to defend you if you find yourself accused of a crime in any county in Southern California. The new sentencing laws are complicated and before you make the mistake of pleading guilty to any offense you should contact our law firm for a free telephone conversation about your case. Wouldn’t it be wonderful if we could figure out a way for you to avoid a lengthy jail sentence so you didn’t lose your job and your freedom. Go to wklaw.com for more information or call us toll free at 877-466-5245

The federal court system is very different than the state court system. If you are ever charged with a federal crime, the first thing you should do is contact a Southern California federal crimes attorney. This is especially true if your immigration status is in question.

In some instances, a person may or may not know if he/she is a U.S. citizen. For example, birth abroad does not automatically exclude U.S. citizenship because a person may acquire or derive U.S. citizenship from one or both parents.

The immigration code sections setting forth the rules on acquisition and derivation of citizenship are among the most difficult to decipher, and Congress frequently amends the relevant statutes, sometimes making the new provisions retroactive and sometimes prospective.

Whether an individual born abroad has acquired or derived U.S. citizenship turns on the confluence of several factors, including:

• Year of the person’s birth
• Whether both parents are U.S. citizens?
• If not, which parent?
• When the parent(s) became citizen(s)?
• The marital status of the parents
• If born out of wedlock, whether the person was legitimated?
• The length of time the citizen parent(s) resided in the U.S. prior to the person’s birth abroad
• Whether the person was legally admitted to or resided in the U.S.
• Whether the non-citizen’s parents, grandparents or great-grandparents were born in the U.S. or ever became naturalized U.S. citizens

To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, 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.

If you thought that government lawyers do not lie in court to obtain convictions, you better think again. In a major terrorism prosecution a federal judge in Orange County imposed monetary sanctions against the FBI and prosecution lawyers for deliberately withholding material documents from the defense in violation of a court order.

A US District Court Judge ruled on Thursday November 17, 2011 that “parties cannot choose when to tell the court the truth”. “They must be truthful with the court at all stages of the proceeding if judicial review is to have any real meaning”

The court imposed monetary sanctions and ordered the FBI to pay the opposing party's legal fees due to the FBI’s unlawful conduct.

This decision by the federal court could have major implications in future US terrorism investigations.

Every member of our society has to be protected from such conduct by the government. If the FBI and government officials can deliberately withhold critical evidence from the court then we are all in trouble.

When you are facing criminal charges the law requires the prosecution to be honest and deal in a fair manner with the defense. When your feel that the prosecution is not acting in good faith it is your job as a competent federal crimes attorney to file the appropriate motions to protect your client. Wallin and Klarich knows this and has been doing all we can to protect our clients from inappropriate actions on the part of prosecutors for over 30 years.

If you would like our help in protecting your legal rights go to wklaw.com for more information about how we can help you or call us toll free at 877-466-5245.

If you are ever contacted by Federal Agents as part of an investigation, the first thing you should do is remain silent and ask to contact a Federal Criminal Lawyer because the Federal criminal justice system is an overwhelming place to be. Even though you may have given incriminating statements to Federal Agents, there still may be hope of excluding those incriminating statements and keeping you out of jail.

The most common ground for suppression of statements is a violation of a person's Miranda rights, which are warnings to guard against self-incrimination during the interrogation of suspects in settings dominated or controlled by law enforcement officers. Statements elicited through a “custodial interrogation” cannot be used against someone unless the Miranda safeguards guarantee that the accused has been informed of and freely waived his/her right to remain silent and right to have an attorney present prior to the interrogation.

First, was the questioning done in a “custodial interrogation” setting?
• Would a reasonable person in the same situation have felt he/she was not at liberty to terminate the interrogation and leave?
• Where did the questioning take place? Particular locations are more threatening than others.
• Were the statements made by the suspect in response to government interrogation or express questioning?
• Were the statements incriminating?

Next, did law enforcement officials administer the Miranda warnings. Contrary to popular belief, a Federal Agent's failure to administer the Miranda warnings to a suspect is not by itself a violation of his/her rights; a violation of the suspect's rights occurs only when an "un-Mirandized" confession thereafter is introduced at a criminal trial.

Last, if the Miranda warnings were given:
• At what point were they given?
• Were they adequate?
• Were they waived? Was the waiver voluntary, knowing and intelligent?
• Were the Miranda rights invocated

To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, 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.

Simi Valley High School science teacher David Considine appeared in court Thursday on armed robbery charges.

Considine is accused of robbing a convenience store at knife point. Considine sought, through his Ventura robbery attorney, to be released into a drug treatment facility. His attorney claims that because of drug use, Considine has no recollection of the armed robbery. The motion was continued to Tuesday, November 15, 2011 to give the district attorney’s office an opportunity to respond to the motion.

In California, robbery is codified under Penal Code Section 211. It states in pertinent part that “robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” Robbery is a felony, and will result in a strike if convicted.

The punishments associated with a robbery conviction are severe. If convicted of a first degree-robbery in California, a person faces up to six-years in state prison. A first-degree robbery is reserved for the most serious robbery offenses. These include robberies of people who are using, or have just used an automated teller machine, robbery of a home that is lived in, and drivers or passengers of any type of commercial vehicle.

Additionally, if the defendant, voluntarily acting with two or more other persons, commits the robbery within an inhabited home, those defendants face up to nine years in state prison. All other robbery that takes place that does occur under the circumstances mentioned above is considered second-degree robbery. A defendant faces up to five years in state prison if convicted of a second-degree robbery charge.

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.

If you ever contacted by Federal Agents as part of a search and seizure of your person or property, the first thing you should do is contact a Federal Criminal Lawyer because the Federal criminal justice system is a frightening place to be and you have specific constitutional rights that must be protected

The 4th Amendment provides that the “right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated….” This protects two distinct types of expectations, one involving searches and the other seizures.

• A search occurs when an expectation of privacy that society is prepared to consider reasonable is infringed
• A seizure of property occurs when there is some meaningful interference with an individual’s possessory interests in that property
• A seizure of a person denotes a meaningful interference, however brief, with an individual’s freedom of movement

The legality of a search and seizure of a person and/or property can potentially be challenged by a Federal Criminal Lawyer. To establish viable grounds for a claim, counsel must have:

• A legitimate expectation of privacy by the client
• Governmental action that violates that expectation

The 4th Amendment only protects against searches by the U.S. government against “persons” affiliated with U.S.; it does not apply to the acts of private citizens, the acts of foreign officials, or the acts of U.S. officials in foreign countries against foreign citizens. In sum, a Federal Criminal defense lawyer will have to identify something tantamount to government action against a person connected to the U.S. to have a valid claim.

To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, 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.

One can only hope to never be investigated or charged with a Federal crime. But if you receive a subpoena to testify before a Federal grand jury, the first thing you should do is contact a Federal Criminal Lawyer because the Federal criminal justice system is an intimidating place to be and you have know idea whether you are:

• the target of the investigation
• a subject of the investigation
• a witness

There is no 6th Amendment right to counsel in a grand jury proceeding, even for the target of a grand jury investigation. However, counsel may be retained by a grand jury witness and may serve important functions:

• to learn about the intentions of the grand jury
• to assist the client in making an informed decision about how to respond to the grand jury’s subpoena
• to inform the prosecution that the client will not be bullied during the testimony
• to counsel the client about the risks of testifying or not
• to obtain a continuance of the schedule grand jury appearance if necessary

If a grand jury witness decides to testify, counsel will prepare the witness for the type of questioning likely to occur inside the grand jury room. A witness has no right to counsel inside the grand jury room. However, counsel will wait outside the room to be available to consult with the client during questioning. Counsel will explain to the client which areas are suitable for questioning and which are not, so that the client recognizes when to ask to leave the grand jury room to confer with counsel.

To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, 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.

Last month in Ventura County, a Ventura man was arrested for assault with a deadly weapon in the early morning hours.

According to Ventura police department, the alleged victim was a Ventura resident who arrived at a home on Hemlock St. to retrieve her property. Another female at the location got in an argument with he alleged victim inside the residence. Apparently the argument escalated into a fight, in which Edward Estrella, 26, armed himself with an aluminum baseball bat and struck the alleged victim with the bat repeatedly on her torso and head.

The victim, Kristen Rogers, was hospitalized with a laceration to the her head and suffered a broken bone in her wrist. When the Ventura police responded they located Estrella inside the residence, where he was arrested for assault with a deadly weapon and later was booked at Ventura County Jail.

Are you or a loved one facing a similar charge in court? When a person is charged with this crime and a weapon is used then the crime if a felony and also considered as a strike offense.

If you are charged with assault with a deadly weapon in violation of Penal Code section 245(a), the prosecution must prove that:

1. You did an act that by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury;

2. You did that act willfully;

3. When you acted, you were aware of facts that would lead a reasonable person to realize that this act by its nature would directly and probably result in the application of force to someone;

4. When you acted, you had the present ability to apply force likely to produce great bodily injury; and

5. You did not act in self-defense.

If you or a loved one have been accused or charged with assault with a deadly weapon, it is very important that you speak with an experienced Ventura assault 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.

When an accused violates probation many times and a judge finally has had enough and imposes a 30 days jail sentence, how much time does the law require a person to do?

The answer under California law is 15 days of actual time, or 50% of the sentence imposed.

So how does Lindsay Lohan check into the Los Angeles County Jail and check out a few hours later with her 30 days jail sentence completed?

The Los Angeles County Jail system is severely impacted due to an overflow of persons serving time. While it is not uncommon for a prisoner to be released after such a short period of time in LA county, for Lohan to be released after a few hours, after a tremendous amount of publicity, sends a dangerous message to others who will not be so lucky.

In every county in Southern California, other than Los Angeles County, if you are sentenced to jail time you will do 50% of the sentence imposed by the court. In some cases in Los Angeles, depending upon the “inmate count” and “other factors” you may be released early.

So if you commit a crime outside of LA county and are not often featured on TMZ or other similar “celebrity television programs” don’t expect to be as lucky as Lindsay Lohan.

The real question is what will the judge have to do if Ms. Lohan once again violates her probation. According to the judge, if she doesn't explicitly follow the new terms of her probation, Lohan will be sentenced to 270 days, and will have to serve a minimum of 20% of that sentence, or 54 days in jail.

Wallin and Klarich repeatedly warns all of their clients and prospective clients NEVER to speak to law enforcement. When we say NEVER we mean NEVER. Dr. Conrad Murray was accused of being responsible for the death of Michael Jackson. He retained a lawyer. He then along with his lawyer went down to the Los Angeles Police Department and gave a complete statement. The District Attorney then was able to play that statement to the jury. The statement made by Dr. Murray was very damaging and there is little doubt that it played a key factor in the jury finding him guilty today of involuntary manslaughter. He know faces up to four years in jail.

Why Dr. Murray’s lawyer decided to have him speak to the police is something that he will have to explain. Time and time again when suspects think they can “outsmart” the police they make a very risky gamble that almost always ends up with their gamble ending up in a guilty verdict when the case goes to trial.

Please for your own benefit and the benefit of your freedom and your future, take our advice. NEVER, EVER, EVER speak to the police. If you are suspected of having committed any crime contact our law firm immediately.

Call us toll free at 877-466-5245 or go to wklaw.com for more information. Clients that follow our advice most often enjoy a clean criminal record and being able to go anywhere they wish because they are not behind bars. Those that do not follow our advice often find themselves in jail or prison.

If you are charged with (or being investigated for) possession of child pornography, it is critical to retain the services of an experienced child pornography defense attorney as soon as possible. Usually, the factual scenario is this:

The police or FBI come to your home to search your computer. They seize your computer and tell you they will be in contact with you at a later date.

STOP.

When that happens, you need to 1) remain silent and 2) hire an attorney. The police agency does not act alone. Often they are told what to do by the US Attorney (if the case is being prosecuted federally), or by a District Attorney if the case will be pursued in a state court. It is rarely in your best interest to speak to the police. If you retain an attorney, they would call the police assigned to your case and the prosecuting agency and try to convince them not to file a charge or to agree NOT to arrest you.

There are many valid and effective ways to defend a possession/distribution of child porn charge. Many times, you may download something and have no idea that child pornography was included in the download. In other instances, there may be more then one user on that computer. There are many software products that allow users to share files unbeknownst to them and thus what might seem like “distribution” can simply be someone taking and copying your file. Part of the elements the prosecution must prove is “knowledge” that you even had the child porn and “knowingly” distributed it. An experienced criminal defense attorney can mount a defense to the allegation that can save you the horror of prison, and life long registration as a sex offender.

If you or a loved one is accused of or being investigated for possession of child pornography, call the law firm of Wallin & Klarich. We have been successfully defending people accused of this crime for over 30 years. The stakes are too high not to.

If the District Attorneys office wants to file criminal charges against this 20 year old woman who is stating she had sexual relations with Justin Bieber, she could end up doing as much as three years in jail for having sexual intercourse with a minor. It doesn’t matter if you have sex with a “pop star” at a break at a concert or in any other location. IF the person you have sex with us under 18 years of age you can go to jail. Whether the DA will file criminal charges will depend upon many factors.

- First, do they believe the girl is telling the truth? Will a jury believe her story?

- Second, will the DNA testing confirm that Mr. Bieber is the father of this child?

If so, then the DA would have overwhelming evidence that in fact this 20 year old had intercourse with a 16 year old.

Whether the DA files charges in this case may depend in part upon the massive amount of publicity such a decision would bring to this case? Does the DA really want to make a consensual sex act between a 19 year old and a 16 year old celebrity a “major media circus”?

Had this been consensual sex between two "ordinary" people, the likelyhood of charges being brought would increase tremendously. That is why it is important to retain an experienced Southern California sex crimes attorney as soon as you think you are under investigation for statutory rape. You can contact the law offices of Wallin and Klarich at 1-888-749-0034 or visit www.wklaw.com for a free consultation.

Lindsay Lohan has “earned” a long jail sentence and she should get what she earned today from judge at sentencing at her probation violation hearing.

The fact is though, Los Angeles County jails are overcrowded. That may be Lindsay Lohan’s only remaining hope to avoid a large jail sentence today when she appears before the judge at her probation violation hearing.

The judge is fed up with her numerous violations of probation. She was ordered to perform several hundred hours of community service work at a battered women's shelter by the court and ended up getting dismissed by the shelter for non-compliance. The judge has made it clear to her if she failed to do these things she could be sent to jail for a very long time. When you are on probation the court can hold a long jail sentence over your head.

IF Lindsay Lohan avoids jail time this time around it will be because the court will fear that her jail sentence will not be served and she will be kicked loose by the jail officials who wont have room for her and all of the publicity and media that will follow her to jail.

Lindsay it is time to wake up and clean up your act and do what the judge says. Life will go a lot easier if you can learn to follow simple rules imposed by the court.