Southern California Defense Blog

Living in Southern California, we are all aware of the distracted driving laws. Essentially it is illegal to text or talk on a cell phone while driving without the use of a hands free device.

Whether or not distracted driving laws have actually cut down on the number of people texting away while cruising down the freeway is a subject for debate, but it given police another reason to pull over drivers and investigate bigger crimes.

Bobby Brown’s criminal defense attorney made a few extra dollars this past week when the singer was pulled over for talking on his cell phone while driving and ultimately was arrested for a DUI. As common as distracted driving laws are across the country, more and more municipalities are beginning to pass “distracted walking” laws. Yes, they are trying to make it illegal to text while walking.

There have been several videos posted to sites like YouTube showing people walking into faountains, poles and other objects while texting. But there have also been tragic stories of people walking right into oncoming traffic because they couldn’t just put their phones down.

But is government going too far by passing these laws? Distracted driving laws make sense because you are a danger to others when you are behind the wheel of a car. When your head is buried in a text message while walking around you are typically the only person in any danger.

What do you think? Should California lawmakers pass a distracted walking law, or should people be trusted to watch where they are going and leave their health and safety in their own hands?

Can a defendant in a case that makes national headlines get a fair trial in America? It’s a legitimate question that criminal defense attorneys ask. With technology giving every American instant access to up to the minute information, and social media sites like Twitter and Facebook making everyone a de-facto judge and jury, it seems harder and harder to find impartial juries.

Traditional media certainly doesn’t help either. With hundreds of channel choices, news programs are forced to fight for ratings, often times rushing to judgment rather than reporting facts. The tragic death of Trayvon Martin is a perfect example of this.

Everyone from TMZ to CNN has covered this story. He has been a trending topic on Twitter. There is virtually no person in America that has not heard of this case, let alone already formed an opinion. Without knowing the facts of this case, which have yet to be fully released to the public, it would be irresponsible for us to express an opinion one way or the other with regards to the guilt of George Zimmerman, the man who shot and killed Martin on the fateful night.

What we do know is that Zimmerman is claiming self-defense, and as of right now, he has not been arrested or charged with a crime. Self-defense is a legitimate argument in a murder trial, and Florida’s now infamous “Stand Your Ground” law mucks things up further. In California, in order to prove self-defense, a murder attorney needs to show that a reasonable person would have believed their life was in imminent danger and had no other recourse but to use deadly force.

It’s impossible to say if this was the case or not in the Martin case without knowing the facts. As more details about the case are leaked to the public, it seems as though there was definitely a scuffle between Zimmerman and Martin. Zimmerman had injuries consistent with someone who had been punched in the nose and possible had his head beaten into the ground. There is supposedly at least one 911 call that suggests it was Zimmerman on the ground moaning in pain calling for help.

What we don’t know for absolute certain is the chain of events that led to that scuffle. And those crucial facts are not for social media to make a ruling on. George Zimmerman may very well be guilty of a crime. There is no question that the entire scenario could have been avoided if Zimmerman had simply waited for police to arrive rather than continue to follow Martin. But given the national media attention that this case has gotten, it may be impossible for Zimmerman to find a jury that hasn’t already formed an opinion on his guilt.

The very foundation of our legal system – innocent until proven guilty – is under attack by the court of public opinion, and that is a scary thought.

We don’t even know where to begin with this one. Late Friday night, a delivery driver for a medical marijuana dispensary dialed 911 to report that he had been robbed by ninjas. Well, to be precise, he was robbed by two men dressed as ninjas.

The victim in this case reported to police that he was on a delivery when two men dressed as ninjas, wielding batons, began chasing him. Frightened, he ran, dropping his delivery and some cash. The two thieves took that bag with the medical marijuana and fled on foot. The delivery driver was able to provide a not so detailed description of his assailaints. West Covina police are looking for two men in their 20’s, approximately 5’8”, wearing black ninja outfits. If the suspects in the case wear their ninja costumes every day, they probably won’t be too hard to find.

As humorous as this crime may seem, with 30 years of experience as Southern California robbery crimes attorneys, we can attest that 1st degree robbery is a serious offense. In addition to facing up to six years in state prison, the use of a dangerous weapon would add an extra year onto their sentence.

While the thought of ninjas robbing a marijuana delivery driver might make you laugh, West Covina police are taking the report seriously and are investigating the report. Needless to say, police say that have not had any other similar cases reported to them, so there’s no need to worry about a ninja crime spree in Southern California.

Former #1 overall pick and Major Leaguer, Matt Bush, was arrested on suspicion of DUI and leaving the scene of an accident after getting in a serious collision with a motorcyclist in Tampa, FL. The motorcyclist he his is in serious condition and investigators are still putting together all the details.

Bush has a long and storied relationship with alcohol and criminal defense attorneys dating back to his teenage years. Bush is a recovering alcoholic who seemed to have relapsed. According to police reports, Bush’s blood alcohol content was .18, more than twice the legal limit.

Bush had been fighting a battle with sobriety, as well as a battle to get back to the majors. He was slated to begin this year in AAA, but was expected to eventually get called up by the Tampa Bay Rays, the MLB team that owns his contract.

It now looks as though Bush will spend the remainder of his spring in court and possibly in jail. While Florida laws are different, in California, punishment for a DUI that involves serious injury can be charged as either a felony or a misdemeanor, known as a wobbler. Given Bush’s arrest history, prosecutors would most likely pursue a felony conviction, which carries a maximum sentence of three years in state prison.

Hit and Run is also a serious crime in California and is also a wobbler. Because of the serious nature of the injuries in this crash, it again would be likely that the DA would pursue a felony conviction, which carries a maximum sentence of 4 years in state prison.

We reiterate that California and Florida laws vary, it is very likely that Bush is facing several years in prison, regardless of how talented his DUI attorney is.

Everyone has dreamed of doing it when they get that jury duty notice in the mail. They dream of dressing up in a crazy outfit and pretending to be mentally insane so they don’t have to sit on a jury. Well, one woman is going to need a criminal defense attorney of her own after doing exactly that, and then getting caught after the fact.

The story is almost too bizarre to be true. A woman in Colorado called into a morning radio show. The topic: “Things you’ve done to get out of jury duty.” The woman told a story about how she showed up to the courthouse with curlers in her hair, mismatched shoes, and a wild t-shirt. She went on to describe how she pretended to suffer from multiple mental ailments. Needless to say, she was dismissed from the jury.

Unfortunately for the woman, the judge that had presided over that trial happened to be listening to the same morning radio show, remembered the woman, and had her arrested. She is being charged with felony perjury.

In California, perjury is considered a felony and could carry as many as 4 years in prison if convicted. However, for someone with no criminal history, a first time offense is unlikely to result in prison time, and is more likely to result in fines, community service and probation.

So the next time you show up for jury duty, it probably isn’t a good idea to wear tinfoil in your hair and start carrying on conversations with imaginary voices. If you do, definitely don’t brag about it on morning radio. You never know who might be listening.

In a case that is going to affect millions of individuals, the Supreme Court has voted 5-4 in favor of allowing criminal defendants who received bad advice during pre-trial plea agreements to have the sentences overturned. Having taken over hundreds of cases bungled by public defenders, our criminal defense lawyers are all too aware that this decision will have massive implications here in Southern California and beyond.

Given today’s economy, more and more people are turning to public defenders to handle their criminal cases. Unfortunately, this means that the public defender’s office is often overwhelmed and does not have the resources to devote the individual attention to each and every case. In order to lighten their case load, a public defender is much more likely to plea bargain without the best interest of their client in mind. This often results in defendants taking less than optimal plea agreements.

According to statistics, 97% of all federal convictions and 94% of all state convictions stem from guilty pleas from defendants who opted for a deal rather than a trial. Needless to say, there are millions of people who will be contacting an appeals attorney to see if they can get their conviction overturned.

The Supreme Court’s ruling stems from two separate cases in Michigan and Mississippi. In one case, the defendant rejected a plea deal due to the fact that his criminal defense attorney assured him that the prosecution would lose their case if it went to trial. The defendant was found guilty on all counts. The second case involved a defendant whose attorney failed to present him with two separate plea offers. The defendant eventually pled guilty to all charges and was sentenced to 3 years in jail, much more than the original plea offer.

What do you think? Will this ruling flood the courts with frivolous appeals or will it help to reduce the overcrowding in our jails and prisons?

International bikini model, Simone Farrow, will be in need of a good drug crimes lawyer and most likely a top notch federal crimes lawyer. The supermodel was arrested in 2009 and charged with being the mastermind of an international methamphetamines distribution ring. The supermodel posted bail then skipped the country, but was found in Australia and will be extradited back to the United States.

Farrow made a name for herself as the face of Ed Hardy bikinis. At one point she was named one of the sexiest women in the world. Today, federal investigators say that she used 19 different aliases to run a drug trafficking operation out of her Hollywood apartment.

DEA investigators say that Farrow used FedEx and the US Postal Service to ship high grade crystal meth hidden in bath salts. She was apparently the ringleader in an operation that included 7 other people. One the individuals implicated in the case committed suicide after being contacted by the authorities.

The instant Farrow shipped drugs across state lines, the case became a federal case. Having worked federal criminal cases for over 30 years in Southern California, we know that the government rarely brings a case to trial without an extensive investigation. It will take a special attorney to keep Farrow out of federal prison.

Generally speaking, people convicted of federal crimes are sentenced to more time than someone convicted of a state crime. And those convicted serve a much higher percentage of their time than those convicted in state courts.

Farrow, who is 37, claims that she fled the country because she feared for her life. In any event, she is in custody now, and is facing a very long prison sentence.

When people hear that a teacher has hired a sex crimes attorney to combat charges of child molestation, they immediately think of a male teacher taking advantage of a young student. But in some instances, the roles are reversed, and it is actually a female teacher seducing a male student.

That is exactly the case as a Hemet, CA English teacher is being investigated for seducing and having sex with a then 16-year-old student.

Janel Ramirez (31) is being investigated on two counts of oral copulation, one count of unlawful sex with a minor, and one count of consensual sex with a minor.

While the investigation is still pending, obtained copies of a search warrant say that Ramirez and the boy were working on an essay together alone in a classroom. That is when Ramirez allegedly began kissing the boy, eventually performing oral copulation on him. A second incident again occurred in the classroom where Ramirez and the boy allegedly had sex.

A spokesman for the Riverside District Attorneys’ office has said that they have not yet decided to proceed with criminal charges, and at this point Ramirez has not been formally charged with any crime.

If the DA decides to move forward with their investigation, Ramirez faces some serious consequences. The two counts of oral copulation would almost certainly be charged as a felony and could result in Ramirez having to register as a sex offender. The unlawful sex with a minor, also known as statutory rape would also likely be charged as a felony due to the gap in ages between Ramirez and the boy.

It is interesting to see the way that society treats these crimes between a teacher and a student when the gender roles are reversed. While stories of a teacher leaving his wife for an 18-year-old student are making national headlines, this story is barely a blip on the radar.

What are your thoughts? Is it different when a female teacher takes advantage of a male student vs. when a male teacher takes advantage of a female student?

Rap mogul Suge Knight built his reputation on being a thug who happened to work in the rap industry. His label, Death Row Records, signed artists like 2Pac and Snoop Doggie Dog. So when news spread that Knight was facing possible jail time, it really shouldn’t come as much of a surprise. The fact that he is facing jail time for unpaid traffic tickets is.

Knight’s criminal defense attorney appeared in a Las Vegas court today to push back a traffic hearing to later this month. Knight did not appear. That apparently, was the original problem as well. Knight received a traffic ticket in 2008, failed to appear in court on that matter and a warrant was issued for his arrest. Knight was arrested in Las Vegas last month on that warrant.

As any criminal defense attorney will tell you, in addition to late penalties and fees for unpaid traffic tickets, ignoring them all together will result in a warrant for your arrest. At that point, the costs and consequences far outweigh temporary procrastination.

In general, a traffic attorney can keep you out of jail and work out some sort of payment arrangement that will get a bench warrant recalled. But at that point, you are much further in the hole financially than you would have been if you dealt with your traffic violation to begin with.

When push comes to shove, it is somewhat humorous that a man with the reputation of Suge Knight is in court because of traffic tickets. But it’s not so funny when it’s you or a loved one.

As any good criminal defense attorney can tell you, it doesn’t take much to get arrested for a parole violation. So if you are going to commit a crime while on parole, no matter how petty it may seem, don’t post the evidence on your girlfriend’s Facebook page.

Once again, the social media website has led to the downfall of a not so clever criminal – this time in Florida. A 21-year-old South Florida man who was already on parole for petty theft posted a picture of himself on his girlfriend’s facebook page of him holding the nameplate of a judge that he had stolen from his office door. The nameplate was valued at $40, which would typically be considered a misdemeanor petty theft. But because the offender was already on parole for the same crime, he is being charged with a felony.

In California, a person with a prior petty theft conviction can also be charged with a felony if they commit the petty theft again. If convicted a person faces up to 3 years in county jail. In this instance, a good theft defense attorney could probably plead this case down to a misdemeanor.

What was most likely considered to be a harmless prank by the defendant in this case has quickly snowballed into an extremely serious matter. Everyone makes mistakes from time to time. Not everyone posts those mistakes on Facebook as undeniable evidence of their guilt however. It would seem as though so long as social media exists there will always be criminals bragging about their crimes online. We’re sure that local law enforcement is perfectly fine with that as well.

If you are a college basketball fan, March is the greatest month of the year. But with March Madness upon the nation, at least one player may be in need of a federal crimes attorney due to a developing scandal involving point shaving at Auburn University.

The play involved is Auburn point guard Verez Ward. He is currently under investigation for shaving points in at least two games this season. For those not familiar with the term point shaving, it essentially means that Ward is accused of intentionally missing shots and trying to manipulate the final score in order to affect the final score, and help co-conspirators win money on sports gambling.

Most sports books have what is called a point spread. It is the amount of points one team is favored to win by over another team. People bet on if the favored team will win by more or less than the point spread. When one missed free throw could be the difference between winning or losing a bet, having a player in the actual game under a gambler’s control is a huge advantage and also a federal crime.

In the mid to late 90’s a similar scandal hit the campus of Arizona State University with 5 men eventually being sentenced to various prison terms, including one former ASU basketball player.

With so many college basketball players coming from underprivileged backgrounds, they become easy targets for bookies offering quick cash in return for a few missed shots in a basketball game.

When a criminal defense lawyer accepts the responsibility of defending a person in court, he or she has a duty to investigate and present mitigating evidence that would assist in the defense. An investigation into the facts of the conduct is just part of the process. The lawyer should also investigate the accused background and character which could lead into areas of emotional or mental disabilities, which could result in a person being less culpable.

To establish that a lawyer has provided representation which is considered to be ineffective assistance, the defendant must demonstrate both a deficient performance and prejudice. This means the level of representation fell below a level an objective standard of reasonableness.

If you are accused of a capital crime then your lawyer should conduct an investigation into your social history and background. Moreover, there should be an inquiry into the mental health of a defendant as well. Lastly, proper representation would include an investigation into the history of the defendant’s substance abuse, if any.

If a proper investigation is not done, then you may appeal your case and potentially have your sentenced reduced based on the mitigating factors.

If you or a loved one have been accused or charged or convicted of a capital 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 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.

Recently a granddaughter was convicted of elder abuse and grand theft by in affect accessing and taking her grandmother’s money and jewelry and selling it without her consent and then placing her grandmother in a nursing home. The mental abuse consisted of the conditions of the nursing facility in addition to her isolation her abandonment and the lack of visits or calls.

If a person commits multiple acts of theft, all of which are of an amount which is lower than what would constitute a charge of grand theft, they can be consolidated if the total amount is above the minimal requirement for a grand theft.

Elder abuse is defined as any person who knows or reasonably should know that a person is an elder or a dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered.

This is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.

If you or a loved one is facing a charge of elder abuse, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case.

As we reported a few weeks ago, a California appeals lawyer is trying to get Sirhan Sirhan, the man convicted in the assignation of Robert Kennedy, released from prison, or at the very least get him a new trial. Amongst other things, the appeals attorney is not only citing new analysis of an audio recording, but according to documents released by the courts, is also claiming that the prosecution in the original case used substitute bullets instead of the actual bullets pulled from Kennedy and another survivor.

The use of substitute bullets alone could be seen as grounds to grant an appeal, and the California Attorney General even conceded that Sirhan’s appeals attorneys might be able to prove that there was indeed a second gun involved in the shooting. However, they argue that there is no need for a second trial as Sirhan’s conviction was based heavily on eyewitness testimony rather than ballistics evidence.

The most controversial aspect of Sirhan’s appeal is the notion that he was hypnotized into the attempted assassination. For years, Sirhan maintained that he had no recollection of the shooting. While hypno-programming is a real thing, many people view the notion as a bit too conspiracy theory to be rooted in reality. That said, a Harvard psychologist claims to have resurrected Sirhan’s memory of the shooting and claims that Sirhan believed he was actually shooting at paper targets, not Kennedy, on the day of the assignation.

Whether or not Sirhan is granted an appeal, and ultimately a new trial remains to be seen. If Sirhan was to be granted a new trial, the new evidence would raise more questions than answers in what is one of the most infamous days in US history.

Sadly, when we check a bag at the airport, it doesn’t travel down a magical web of conveyor belts straight to our airplane. Several sets of hands from checkers to baggage handlers all have a turn taking care of your luggage. Unfortunately, this makes your luggage a target for theft, and two airport employees have been charged with stealing several items from traveler’s bags.

The arrests happened at Logan International Airport in Boston, but it’s hard to really think that this is an isolated incident. The pair was caught on hidden camera taking cash, cameras, laptops and other items from passenger’s luggage.

Their theft attorney will have a hard time fighting the charges, as they have been caught on camera.

According to reports, the pair targeted international travelers on Lufthansa, probably because their victims would be a continent away before they realized that their property was missing.

Because of the value of the items, it is likely that the pair will be charged with grand theft. In California, grand theft is considered to be a wobbler, meaning prosecutors can charge you with either a felony or a misdemeanor. If charged as a felony, a conviction carries with it a prison sentence of up to 3 years. Even a misdemeanor can land you in county jail for up to a year.

People often joke around about how baggage fees are the airline equivalent of highway robbery. In this case, travelers checking their bags actually robbed of far more than just the extra $120 it can cost to check their luggage.