Southern California Defense Blog

Both the prosecutor and the defendant may reap benefits from plea bargaining. Without plea bargaining, prosecutors would be forced to conduct trials in nearly all criminal cases. Prosecutors are reluctant to try cases where they may not be able to meet their burden of proving each elements of the charged offense beyond a reasonable doubt. Therefore, prosecutors have a strong incentive to offer plea bargains to defendants in order to induce them to give up their right to a trial. Understand that each defendant has an absolute constitutional right to a trial in every misdemeanor or felony case. The prosecutor has the sole burden of proving each offense beyond a reasonable doubt. The constitutional rights to a trial and proof beyond a reasonable doubt are fundamental privileges that one should not readily surrender.

Defendants also benefit from plea bargaining. Depending upon the facts and circumstances of a case, it may be in the defendant's best interest to give up certain constitutional rights and plead guilty. Whether to accept a plea bargain is based upon the strength of evidence against the defendant, and the negotiation process between defense counsel, prosecutor, and judge.

Be sure that your rights are adequately protected if you are ever facing criminal charges. The best way to do this is to hire a knowledgeable criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you ensure the protection of your rights. 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 a highly publicized murder prosecution, 17 year old defendant Brandon McInerney accepted a sentence of 21 years in state prison and plead guilty to second degree murder in what has been described as a “gay hate crime” by many. The victim was 15 year old Larry King. At his first trial the jury could not reach a verdict with some jurors stating that they didn’t feel that the accused should be tried as an adult.

The defense argued that McInerney was actually the victim in the case, subjected to constant bullying from King. According to the defense, King made repeated unwanted sexual advances towards McInerny that drove him over the edge. However the vicious nature of the crime led defense attorneys to accept a plea deal from prosecutors.

The result in this case is that the defendant will now serve 85% of his twenty one year sentence. This will mean that will be over 35 years old when he is released from prison.
In California alleged “hate crimes” against a particular type of person are prosecuted very harshly. If you or a loved one is accused of any serious felony matter you need to have an experienced murder defense attorney fighting for you.

With over 30 years in practice in Southern California, Walling and Klarich extensive experience in handling high profile murder cases and the reputation for tirelessly defending their clients. If you have been accused of murder, your life is literally on the line. Call us today at 1-888-749-0034. We will be there when you call.

Aggressive laws have been enacted at the state and federal level in an attempt to eradicate the distribution and consumption of child pornography and punish those who commit other sex crimes against children. These laws are often controversial and challenged for violating First Amendment freedoms. In California, laws have been passed aimed at destroying the market for child pornography by targeting not just consumers of the product, but also producers, distributors (including simply forwarding images to friends), retailers and marketers. Penalties also have been increased against convicted sex offenders and crimes that once carried misdemeanor charges have been upgraded to felonies.

In 2006, Prop 83, the Sexual Predator Punishment and Control Act, also known as "Jessica's Law", was passed. Prop 83 was an effort by the state to strengthen current laws against sex offenders while also adding a new residency restriction against all sex offenders prohibiting them from living within 2000 feet of a school or park used by children. Prior to the passage of the law, only certain classes of high risk sex offenders faced residency restrictions. Prop 83 also included the requirement that high-risk sex offenders submit to lifetime global positioning system (GPS) monitoring.

Some cities are moving towards adopting stricter residency restrictions than those required under Jessica's Law. For example, in San Diego, the city is considering further restricting registered sex offenders from living even greater distances of places children may be present, such as schools, daycares, libraries and amusement parks.

Prop 83 also makes it a felony to possess child pornography. Those charged with possession of child porn face up to one year in county jail or sixteen months, two or three years in state prison, a fine up to $2500 and mandatory registration as a sex offender for life. Before the passage of Prop 83, possession of the material was a misdemeanor under California state law. For those persons previously convicted for possession of child pornography, the penalties increase to up to 6 years in state prison.

Unlike pornography depicting adults in sexually explicit conduct, material with minors does not have to be obscene per se under the law in order to be a violation of California's possession laws. If the images are the product of the sexual abuse of a child, they can be confiscated and the person in possession of them can be charged with felony possession in California. Possession of child pornography in the privacy of your home is not a protected activity under the Federal or California State Constitutions.

If you or a loved one have been arrested on a Child Pornography charge, 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.

A Los Angeles man is on trial in Orange County presently for that exact scenario. Vitaliy Krasnoperov is being accused of being an “aider and abettor” to one of the most gruesome murders in Orange County history.

He and two others are charged with murder plus special circumstances for their roles in the May 21, 2007, slayings of Jayprakash Dhanak, 56, and Karishma Dhanak, 20. The victims were abducted from their home, beaten and stabbed, and their bodies set on fire. Anaheim firefighters found Jayprakash's wife, Leela Dhanak, unconscious on a neighbor's lawn when they responded to a report that the Dhanak home was engulfed in flames. Leela Dhanak had been beaten and her throat slashed, but she survived the attack.

Prosecutors say the two men conspired with Iftekhar Murtaza, 26, of Van Nuys to kidnap and murder his ex-girlfriend's father and sister.

Specifically with regards to Krasnoperov, though he wasn't present for the killings, he is being prosecuted for murder under the legal theory that he was an "aider and abettor" for his alleged role in the planning and the cover-up, prosecutors say.

In the two months after Shayona Dhanak ended her romance with Murtaza, Krasnoperov encouraged, facilitated and joined a conspiracy to help murder the parents of the girl.

Jurors saw transcripts of Internet chat conversations starting within a day of the breakup on March 28, 2007, and continuing for weeks. Krasnoperov made suggestions about how to kill Shayona Dhanak's parents, prosecutors said.

A criminal charge of aiding and abetting or accessory can usually be brought against anyone who helps in the commission of a crime, though legal distinctions vary by state. A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support. Depending on the degree of involvement, the offender's participation in the crime may rise to the level conspiracy as well.

If you or a loved one has been charged with a crime through and aiding and abetting theory, you should call the experienced attorneys at Wallin & Klarich immediately. Our attorneys have the skill and expertise to provide you with the best possible defense. The language of the statutes that govern aiding and abetting crimes can be complex and confusing. For this reason, it is important to hire an experienced attorney from Wallin & Klarich. Our attorneys can be reached by phone at 1-888-749-0034 or through our website www.wklaw.com.

While most people know that smuggling immigrants into the United States is a federal crime, most people don't know that employing an illegal immigrant is also a federal crime. Knowing the laws surrounding these crimes is imperative if you want to avoid lengthy jail sentences or heavy fines.

Federal law criminalizes the full spectrum of activities that comprise:

• Smuggling
• Inducing an alien to enter
• Bringing an alien to the U.S.
• Transporting him/her within the U.S.
• Harboring an illegal alien
• Employing an illegal alien.

Punishments vary from misdemeanor sentences/fine to felony mandatory minimum prison sentences. In addition to the type of activity involved, it is important for the Federal Criminal Lawyer to be mindful of other potentially aggravating factors that can make a dramatic difference in penalty, such as:

• The identity of the smuggled alien (e.g., aggravated felon?)
• The number of aliens
• The creation of danger or an injurious result
• The purpose for smuggling (e.g., for financial gain)

Common defenses that must be considered by the Federal Criminal Defense Attorney are:

• Lack of specific intent to violate the law
• Lack of knowledge of the alien’s immigration status
• Is the alien’s immigration status actually illegal?
• Alien under official restraint
• Religious organization exception
• Duress
• Free exercise clause

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.

Federal laws regarding bribes are broadly construed in order to effectuate the legislative purpose of deterring corruption. It is a crime to corruptly give, offer or promise anything of value to any public official with intent:

• To influence any official act
• To influence such public official to commit any fraud on the U.S.
• To induce such public official to do or omit to do any act in violation of the lawful duty of such official

These are extremely serious charges and require an experienced federal criminal defense lawyer, as the federal court system is much different than the state court system.

In essence, the law is violated when a defendant expresses an ability and a desire to pay the bribe…no matter how small. The punishment for bribing a public official is imprisonment up to 15 years.

The crime of bribery is distinguished from the crime of “illegal gratuity.” Bribery requires a quid pro quo (a specific intent to give or receive something of value in exchange for an official act). An illegal gratuity, on the other hand, may constitute merely a reward for some future act that the public official will take or for a past act that he has already taken. The punishment for an “illegal gratuity” is much less than bribery – up to 2 years imprisonment.

With this major discrepancy in punishment, every Federal Criminal Attorney should consider and evaluate the elements of the crime alleged and other lesser related crimes.

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.

On Monday, in Westminster, two young females were charged with grand theft after stealing more than $285,000 from a Newport Beach law firm. Apparently the two roommates recently used the money to charter a private jet to fly to New York and then party with friends in various hotels in Times Square.

Alexa Johzen Polar, 34, and Robin Antonella Pabello, 33, stole a check worth almost $20,000 dollars back in September or October. They apparently altered the check and changed the value to more than $285,000 and made it payable to Pabello before depositing it into her account.

They have been charged with two counts of forgery, grand theft, and grand theft by embezzlement, plus a sentencing enhancement. If convicted, they each face a possible sentence of six years and four months in state prison.

Under penal code section 487(a), a person who shall feloniously steal, take, carry, lead, or drive away the personal property of another is guilty of theft. A person can be convicted of grand theft if the theft was committed when the money, labor, or real or personal property taken is of a value exceeding nine hundred and fifty dollars ($950) and is punishable by imprisonment in the state prison.

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

Brooke Mueller, the ex-wife of actor Charlie Sheen, was arrested in Colorado and charged with assault and cocaine possession. According to authorities, officers encountered a women who said Mueller had assaulted her. Mueller was later found and arrested. She was arrested for possession of cocaine with intent to distribute, which is a felony, and assault, which is a misdemeanor.

Mueller's first court date in Colorado is tomorrow Dec. 19th, where her lawyers are hoping to get the drug charges dropped in the case.

In California, possession of cocaine with intent to distribute is codified under Health and Safety Code Section 11351. It states in pertinent part that “every person who possesses for sale or purchases for purposes of sale” is guilty of a felony.

In order for the prosecutor to convict a person of Health and Safety Code Section 11351, intent to sell must be proven. The prosecutor must prove that the person possessed the drugs with an intent to sell, as opposed to possession for person use.

If convicted of Health and Safety Code Section 11351, a person faces up to four years in custody.

Even if the drug charges against Mueller are dropped, she still faces misdemeanor assault charges.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced drug 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.