Voters Must Vote Yes On Proposition 34 To Abolish Death Penalty In California

August 31, 2012,

A recent study by a federal appellate court judge and a law school professor indicated that the prosecution and implementation of the death penalty in California costs our taxpayers as much as 4 BILLION DOLLARS PER YEAR. Our state is bleeding red ink and we are not able to properly educate our children, take care of our elderly or to begin to rebuild roads that are in dire need of repair. We cannot afford the outrageous expense of the death penalty.

However, there are many more important reasons why you should strongly consider voting YES on Proposition 34 to get rid of the death penalty in California.
If the Proposition passes what will happen is those facing the death penalty will have their sentence converted to life in prison without the possibility of parole. What this means, is that the death row inmates will not be released from custody and so the public will be safe from any fears that these convicts will be released to commit more crimes.

At last count there were 1,226 organizations and community leaders who have endorsed Proposition 34. Scores of family members of crime victims have come forward to support Proposition 34. These are in many cases family members of those currently on death row.

We all know that with the advent of DNA many people have been executed and it was later discovered that they were in fact innocent. After you kill someone there is nothing you can do to make things “right” for the wrongfully accused person who the state has put to death.

It is time for California to join many other states and the entire “civilized world” in saying that we will no longer find it necessary to kill people under the authority of the State of California.

We would very much like your thoughts on this very important issue to our state’s future.

At Wallin & Klarich, we have been defending those accused of murder and violent crimes for over 30 years. The death penalty is the ultimate punishment and anyone who is facing or has a loved one facing murder charges in San Bernardino, Ventura, Los Angeles, Riverside and Orange County should immediately contact our aggressive murder defense law firm. Call us now at 888-280-6839.

Defenses that can be used in lewd conduct cases.

August 30, 2012,

If you are charged with committing a lewd act in a public place, legal defenses could include:

1- Your conduct was not in public or exposed to public view. Your attorney would have to take pictures and conduct an investigation establishing that the area you were caught was not public and not open to public view. Consensual sex acts are not illegal between adults if done privately.

2- The conduct was not lewd. Simple kissing and showing signs of affection in public is not lewd conduct. There must be a sexual component of the conduct to be considered lewd.

Many times, if the defendant does not have a prior record and the facts and circumstances do not seem egregious, the good criminal defense attorney should be able to convince the prosecutor to reduce or dismiss the charges. Establishing that the conduct was an isolated instance, or the conduct was a one time lapse of judgment, while producing a positive psychological evaluation from a doctor and character letters of the defendant, a prosecutor may be wiling to dismiss or reduce the charges.

For over 30 years, Wallin & Klarich has been successfully defending lewd conduct cases across Los Angeles, San Bernardino, Riverside, Ventura and Orange County. If you or your family member are been charged with lewd conduct do not hesitate to call our office at 888-280-6839 and visit us at www.wklaw.com

Law Student Convicted of Domestic Violence (Penal Code Section 273.5)

August 29, 2012,

Late last year, in Laguna Niguel – Pete Roca, a 46-year-old law student, was arrested in connection with an alleged felony domestic violence incident. Roca, originally was charged with two felony counts, one of domestic violence and another count of assault with a deadly weapon. In addition to the two felony counts, he was charged with two misdemeanor counts of cruelty to animals and violation of a restraining order. Subsequently, he pled guilty to the one felony domestic violence count and the remaining counts were dismissed. He was sentenced to the low term of two years in state prison.

Under California Penal Code Section 273.5(a), any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

If you or a loved one is facing a charge of domestic violence, contact the domestic violence lawyers 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. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

If You Lie To The Cops You Can Spend A Year In Jail And Pay A Fine Of $100,000

August 28, 2012,

When we tell people to never, ever, ever speak to the cops, we mean it. We have seen horrible things happen to those that decide to speak to the cops over 30 years of helping people accused of crimes.

The latest victim of major stupidity is Hollywood Director John McTiernan, who is about to spend one year in county jail and pay a fine of $100,000 after he was found guilty of lying to an FBI agent about his dealing with criminal defendant Anthony Pelicano.

At first McTiernan had agreed to a four month jail sentence. However, he then withdrew his guilty plea. After doing so prosecutors filed more criminal charges and now his sentence in jail with be tripled to one year in county jail.

So the moral of this story is to repeat what we have said for over 30 years. When the police wish to talk to you nicely tell them no thank you. Even if they ask you twice, even if they make scary sounding threats, continue to say no thank you.

Here is why.

If you speak to them and it turns out later what you said was not 100% truthful, you can be prosecuted for a crime, giving false information to a police officer.

If you speak to them then the police have your statement, likely recorded. This means that no matter what happens in the future, you are stuck with that statement. Even if you were nervous and said something that you wish you had not said, you are stuck with your statement.

On the other hand if you are smart and keep your mouth shut, you will not be making a statement to the police that in almost every single case will make your case much worse.

For over 30 years, Wallin & Klarich has represented clients throughout Southern California who have been accused of giving false information to the police. If you or a loved one is facing similar charges in Los Angeles, Riverside, Orange, San Diego, San Bernardino, or Ventura Counties, please call us toll-free at 888-280-6839. We will be there when you call.

Sandusky molest victim sues Penn State for allowing Sandusky to molest him

August 27, 2012,

The psychological damage done to your molest victims can negatively impact them for the rest of their life. It certainly appears from all accounts that those in authority at Penn State knew that Sandusky was engaged inappropriate conduct with minors and took no action to prevent him from continuing to abuse more minors.

For the sake of these victims I certainly hope Penn State has a very large insurance policy. If what appears to be true is proven in a court of law (by only 51% of the evidence, not beyond a reasonable doubt as in criminal cases) then it is likely a jury will want very much to compensate this alleged victim (and the others like him in this case) with a very large monetary award. It seems that would be justice in this case.

It will also send as clear a message as possible to what really matters to universities around this country-and that is COLD HARD CASH. When Penn State is hit with a few multi-million dollar verdicts it will hurt them where it matters most....and THEN and probably only THEN other colleges will realize that sports comes behind, very far behind their obligation to protect minors that are placed in their care

What exactly is rape in the State of California? (PC 261)

August 24, 2012,

With the controversy surrounding the idiotic comments made by Congressman Akin recently about whether a “rape victim” can prevent becoming pregnant during the rape, an issue has come up as to what is considered “legal rape.” It should seem clear to a sane person that it is against the law to have sexual intercourse with another person who does not consent.

However, California Penal Code 261 has outlined many different ways where a person can be convicted of rape for lack of “legal consent.” This includes the rape of your spouse as well as the rape of a person that cannot consent due to intoxication or other disability.

As a criminal defense attorney in California, the law as to the definition of rape is very clear. If you do not have the consent of the other party to engage in a sexual act, you are guilty of rape. In addition, there is a separate crime for the "rape" of your spouse, and the law is clear that if your spouse does not consent to sexual intercourse, you are guilty of rape.

Further, you can be convicted of rape if you go to a bar, pick up a girl, have sex with that girl and she later claims that she was "too intoxicated" to consent to sexual intercourse.

We strongly recommend that if you are a man in California and would like to have sexual intercourse with another person, you make damn sure that you have the other person’s "legal consent."

There is no doubt that there are different "types of rape," but in California if you commit any type of rape as outlined above, you are facing prison and the possibility of having to register as a sex offender for the rest of your life.

For over 30 years, Wallin & Klarich has represented clients throughout Southern California who have been accused of rape. If you or a loved one is facing rape charges (under California Penal Code 261) in Los Angeles, Riverside, Orange, San Diego, San Bernardino, or Ventura Counties, please call us toll-free at 888-280-6839. We will be there when you call.

NEW RULING: JUVENILES MUST BE GIVEN CHANCE AT PAROLE WHEN SENTENCED TO DECADES IN PRISON

August 21, 2012,

Wallin & Klarich’s experienced juvenile defense attorneys in Orange County inform you that in a victory for juveniles who commit crimes in our state, the California Supreme Court decided it was “cruel and unusual punishment” to convict a juvenile to a lengthy prison sentence without providing the juvenile with an opportunity to convince the court he should be given a parole date.

Currently the law in California allows juveniles who commit serious crimes to be sentenced to hundreds of years in prison. This means that they have no chance to ever be released from custody.

In this specific case, the accused was convicted of attempted murder of three rival gang members. He was sentenced to 110 years in prison. He would have to serve about 93.5 years in prison, which means a life sentence without the possibility of parole.

Luckily the Supreme Court said that every juvenile facing a lengthy prison sentence can now petition the sentencing judge and ask the court to provide a date by which he/she will be eligible for parole.

This new ruling brings some “common sense” to our justice system. Juveniles who commit serious crimes should be severely punished. However, to sentence a 16 year old to 110 years in prison for “attempted murder” means that the juvenile has no chance to rehabilitate himself. It also means that the taxpayers will have to pay for incarcerating this young man for the rest of his life.

Thank God the highest court in our state has decided that we cannot just lock up teenagers and throw away the key.

Please let us know your thoughts about this topic.

Wallin & Klarich’s team of experienced juvenile defense attorneys in Orange County has over 30 years of experience defending minors accused of serious crimes throughout Southern California. If you or a loved one is currently facing criminal charges in Southern California, contact Wallin & Klarich today at 888-280-6839. We will be there when you call.

San Bernardino Man was Found Guilty of 2 Counts of Arson (PC 451) and 5 Counts of Murder (PC 187)

August 17, 2012,

On August 15, 2012 Mr. Rickie Lee Fowler - the man who was accused of starting a fire in San Bernardino that led to 5 people to die from heart attacks - was convicted of five counts of first degree murder (PC 187) and two counts of arson (PC 451), and he faces the possibility of being sentenced to the death penalty in California. In addition, the death penalty phase of Mr. Folwer’s trial starts Monday, August 20, 2012.

This case is a tragedy for all concerned. We feel for the victims and their families, for they clearly have suffered.
However, this case is a clear example of why the death penalty must be abolished in California.

We have been San Bernardino homicide lawyers for over 30 years, and we have never seen a case where someone who lights a match is awaiting to be put to death.

How can any reasonable person believe that the defendant could have intended when he lit the match that these 5 men would die of heart attacks? Of course the defendant should be severely punished. However, to put this man to death is outrageous and barbaric, and the punishment of death clearly does not fit this crime.

Let us all pray that the jury refuses to return a punishment of death in this very sad case.

The San Bernardino homicide defense lawyers at Wallin & Klarich have over 30 years of experience defending clients facing murder charges in Southern California. If you or a loved one has been arrested for murder in San Bernardino, Riverside, Orange, or Los Angeles Counties, please call us at 888-280-6839. We’ll be there when you call.

WORK PERMITS FOR UNDOCUMENTED ALIENS WHO WERE BROUGHT TO US AS CHILDREN TO BE ISSUED AS OF AUGUST 15, 2012

August 15, 2012,

Your Orange County defense attorneys at Wallin & Klarich gladly announce that as of today, Wednesday, August 15, 2012 President Obama’s promise to help young undocumented persons who were brought to the US as children begins to come true. As of August 15, 2012 those persons who are in the US illegally, but were brought to the US when they were young can apply for a work permit.

This program also grants a two year “deportation deferral” for those persons that were in the immigration process and were facing deportation.

This is one of the most important laws that President Obama has had the courage to enact to help tens of thousands of young adults in California.

These hard working, energetic young adults want to contribute in a positive way to our country. This will allow them to come out of the shadows and to obtain the ability to work legally in the United States. In addition, this will allow them to legally learn new trades and to advance in our society.

The next step in a positive direction will be when California allows these same people to obtain drivers licenses, so they can travel to and from to work. When this happens, they will be required to obtain car insurance, like all other drivers. This will protect so many people from getting injured by those that are currently driving illegally and without insurance.

Today, August 15, 2012 is a very good day for those of us who care about the future of young adults and want them to be able to come out of the shadows and to proudly join the work force.

At Wallin & Klarich our defense attorneys in Orange County have over 30 years of experience fighting to protect the civil rights of thousands of individuals who are facing critical legal matters. If you or a loved one is facing a criminal or family law issue in Southern California, please call us at 888-280-6839.

How Much Time Does the District Attorney Have to Charge me with a DUI in Riverside (CVC 23152a)?

August 14, 2012,

Your Riverside DUI attorney at Wallin & Klarich gladly answers your questions regarding DUI arrests and DUI charges in California.

The Riverside district attorney has up to 1 year to file a misdemeanor case from the time of the DUI offense. Under Penal Code section 802(a), the prosecution for an offense, not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170, shall be commenced within one year after commission of the offense.

However, the district attorney has up to 3 years to file the case if the possibility exists that the offense could be charged as a felony DUI because there was either:

• An injury to someone other than the defendant;
• The defendant has a prior felony dui within the last 10 years; or
• This is the defendant’s forth DUI within ten years.

There could be many reasons why the district attorney did not file the case quickly. Sometimes the district attorney will ask the investigating agency, the police department involved in your case, to conduct a further investigation or to go and interview other witnesses. Sometimes they are too busy with other pending cases.

If the district attorney files the case beyond the 1 year statute of limitations, the defendant can file what is known as a Serna Motion. Generally, the defendant must show that he's been prejudiced by the delay. Prejudice is presumed when the prosecution delays more than one year. For example, alibi witnesses or other defense evidence may no longer be available.

If you or a loved one is facing a DUI, contact the Riverside DUI attorneys at Wallin and Klarich. We will work to ensure that your rights are protected and that you clearly understand the legal process.

Big Appellate Court Ruling Bolsters the Rights of Those Accused of Sex Crimes in California

August 10, 2012,

It’s the type of huge ruling that helps all of the clients represented by the Orange County Sex Crimes Lawyers at Wallin & Klarich.

After Calvin Jackson’s long time girlfriend accused him of sexual assault, he faced a lifetime behind bars if convicted. Jackson had a turbulent on and off relationship with the woman that was marred by a number of false accusations of rape that she made against him. Over the years police became suspicious of the accusations made by the woman as they were not supported by any physical evidence. No charges were ever filed in the previous cases.

At his trial, Jackson’s lawyers asked to present evidence of the previous false claims to prove that the current allegations were essentially the same—false. Jackson contended that the current charges were the result of yet another attempt by his girlfriend to exercise control over him by involving the police in their relationship. Jackson asked the Judge to introduce police reports of the previous false claims into evidence in his trial. The court denied his request, and Jackson was convicted on six counts of sexual assault.

The Ninth Circuit Court of Appeals REVERSED Jackson’s conviction, indicating that a criminal defendant has “a well recognized right to present a complete defense.” The court ruled that the prior false claims made against him by his girlfriend were “relevant and vital to his defense.”

The court reversed the conviction AND ordered Jackson released unless prosecutors could retry him in a reasonable period of time. If there is a new trial, Jackson WILL be able to show the jury evidence of numerous false claims of sexual assault made against him by his girlfriend.

Wallin & Klarich has over 30 years of experience representing clients wrongfully accused of sex crimes in Southern California. Please call us today at 888-280-6839 if you have been accused of sex crimes in Orange County, Los Angeles, Riverside, San Bernardino or Ventura Counties. We will be there when you call.

JACKSON FAMILY MEMBERS BANNED FROM VISITING MICHAEL JACKSON’S HOME WHERE HIS CHILDREN LIVE

August 9, 2012,

The Orange County child custody lawyers at Wallin & Klarich have been reported that the executor of the Jackson estate has issued an order stating that many members of the Jackson family are not permitted to visit the Jackson home. This decision was reached due to the recent altercation that occurred at the Jackson home involving some of Michael Jackson’s siblings.

It was reported that all of the following Jackson family members will not be permitted to visit the Jackson home until further notice:

-Randy Jackson and any of his children
-Janet Jackson
-Rebbie Jackson and any of her children
-Jermaine Jackson, his wife, and any of his children
-Janice Smith (Katherine's assistant)
-Anyone who was involved in the events that led to Mrs. Jackson's separation from the kids
-Any agents or representatives of any of these individuals.

It is very clear that the well being of the 3 children of Michael Jackson is the main issue at this time. There appears to be an ongoing battle between their maternal grandmother, who has been caring for them and several of her children as to who is best suited to care for the three children. We will keep you posted on the ongoing developments. We hope that the courts keep in mind that these three children have already been traumatized enough by the events of recent months, as well as by the death of their father. They deserve caretakers who will put their interest first.

The Orange County child custody attorneys at Wallin & Klarich have over 30 years of experience representing clients who are struggling through Divorce and child custody matters in Orange, Los Angeles, Ventura, Riverside and San Bernardino Counties. Call us today at 888-280-6839.

WHAT TO DO AND NOT TO DO IF YOU GET PULLED OVER FOR RECKLESS DRIVING IN RIVERSIDE (CVC 23103)

August 8, 2012,

Conviction for a violation of reckless driving in Riverside pursuant to California Vehicle Code Section 23103 and 23104 can result in jail time and fines as well as 2 points on your driving record.

The offense is a misdemeanor offense and the officer can do one of two things:

1. Arrest you on the spot physically and take you to jail or
2. Give you a ticket-citation and a court date

What do you do when you are stopped and pulled over for this offense?

1. You should always have a polite and civil attitude with the officer.
2. Do not make any admissions to the officer.
3. Politely sign the notice to appear in court.

You should never be discourteous, disrespectful or hostile. You can inquire why you were pulled over to begin with but do not make any incriminating statements.

The punishment for reckless driving includes a potential sentence of 90 days in jail and fines of up to $1000. This offense will also count as 2 points on your driving record with the DMV, as well as result in an increase in auto insurance rates.

It is very important to have an experienced San Bernardino criminal defense attorney from Wallin & Klarich on your side as soon as possible if you are charged with any moving violation or driving offense.

If you or someone you love has been accused of reckless driving in Riverside California, call the experienced Riverside reckless driving defense attorneys at Wallin & Klarich today at 1-888-280-6839 and visit www.wklaw.com to set up a consultation appointment.

WHY THE DEATH PENALTY SHOULD BE ABOLISHED IN CALIFORNIA

August 7, 2012,

Your Wallin & Klarich Riverside murder defense lawyers explain to you the reasons why the Death Penalty in California must be abolished.

Whether there should be a death penalty for certain crimes is a question that undoubtedly stretches back to the start of human civilization. In California the death penalty still exists to this day despite compelling reasons to abolish it. The arguments in favor of the death penalty and the problems with those arguments will be discussed below.

The most often cited argument in favor of the death penalty is that the threat of execution deters would be killers more so than the threat of life in prison. In theory this may sound like a solid argument in favor of the death penalty. In reality, however, the vast majority of empirical date suggests that the threat of death penalty is no more of a deterrent than the threat of life in prison. As a matter of fact, states with the death penalty as a whole do not have lower murder rates than non death penalty states.

Proponents of the death penalty also argue that with DNA testing and other modern law enforcement techniques almost all uncertainty can be lifted as to a person’s guilt or innocence. The problem with this argument is that not all death penalty cases involve DNA evidence. Even with the advancement in law enforcement’s forensic capabilities, death penalty cases often times rely on eyewitness testimony which is inherently suspect and other evidence that is not foolproof. Simply stated, there is no 100% guarantee that the person who is to be executed is in fact guilty of that crime. Is it worse to execute one innocent person or let 100 guilty persons go free? What if you or a loved one was that one innocent person?

Death penalty supporters will also argue that the death penalty brings justice and closure to the victim’s family. The fact of the matter is that nothing, not even execution of the person who murdered your loved one, will ever bring your loved one back. The death penalty is simply a form of state-sponsored revenge that is unsustainable in its cost. It costs much more to execute a prisoner than to keep him or her in prison for life due to the endless appeals that death penalty inmates are afforded. The lawyer costs and court costs alone are astronomical.

Regardless of the many arguments against the death penalty in California, it remains in effect today. If you or a loved one is facing murder charges in California you will need the help of an aggressive and experienced murder defense firm like Wallin & Klarich. The California criminal defense attorneys at Wallin & Klarich have over 30 years of experience defending clients facing all types of criminal charges. If you or a loved one has been accused of a crime in California, please call the Riverside murder defense lawyers at Wallin & Klarich today at 888-280-6839 to receive our immediate assistance. We’ll be there when you call.

John Travolta Accused of Sexual Misconduct by Cruise Ship Employee who Sues for Monetary Damages (Penal Code 243.4)

August 6, 2012,

John Travolta allegedly took a cruise in 2009, and a cruise employee claims that during the cruise Mr. Travolta asked him for a neck massage and then engaged in inappropriate sexual conduct with the employee (California Penal Code 243.4 for Sexual Assault and Battery).

Travolta, through his lawyer vehemently denies the charges.

The cruise employee first claimed in 2009 that Travolta asked for a neck massage, and it appears the cruise employee agreed and provided Travolta with a neck massage. Apparently that was the extent of the allegations in 2009.

However, now in 2012, the employee has added that –in addition to providing Travolta with a neck massage –he was sexually assaulted by Mr. Travolta in some manner.

No criminal charges were ever filed against Mr. Travolta due to these allegations in 2009.

It is always interesting to read about these types of allegations. Anyone can accuse a person of sexual assault in our country, and anyone is free to retain a lawyer and to file a civil action to seek monetary damages. Often, allegations of this type happen when the alleged perpetrator is a celebrity, who the plaintiff knows has a lot of money. Additionally, this is done in an attempt to reach a monetary settlement regardless of the veracity of the accusations. Celebrities do not want adverse publicity. There probably can be no worse type of adverse publicity for someone like Travolta than a man claiming that Travolta sexually assaulted him.

However, clearly someone would have to look at these allegations with much suspicion. Why would the cruise employee wait three years to bring up the allegations of sexual misconduct? If the allegations were true, why didn’t he tell his superiors about them in 2009? Why does he wait three years to file a claim?

There is no evidence that Travolta has any prior history of engaging in similar conduct in the past. The cruise employee will have to convince a jury by a “preponderance of the evidence” that the allegations are true in order to prevail in his lawsuit.

Hopefully, Mr. Travolta will not settle; otherwise, many people will assume he did something wrong. On the other hand, if he goes to trial, it will cost him at least $100,000 in lawyer fees. Also, when the matter goes to trial, this issue will be brought forth in the media and will do further damage to Travolta’s otherwise stellar reputation.

Hopefully, Travolta stands his guns and fights this to the end if he is innocent of any wrongdoing. This could detract others who seek money from celebrities from trying this in the future.

For over 30 years, the Orange County sexual battery defense lawyers at Wallin & Klarich have represented clients accused of sexual assault and inappropriate sexual conduct in Southern California. If you or a loved one is facing sexual battery charges (California Penal Code 243.4) in Orange, Los Angeles, Riverside, San Bernardino, or Ventura Counties – please contact our professional team of criminal defense attorneys experienced in sexual battery cases at 888-280-6839.

We Will Be There When You Call.

If You Plead Guilty to a Felony by Mistake, You Will Never be Able to Reverse the Error

August 3, 2012,

Believe it or not, it REALLY MATTERS who you have as your criminal defense attorney. No case brings that point home better than the case of Mr. Miller, who in 2004 was accused of the unlawful possession of the prescription drug (valium) without having a doctor's authorization.

The DA wrongfully filed this crime as a felony offense. In fact this crime can only be a misdemeanor offense. Mr. Miller plead guilty to the crime as a felony because his lawyer did not realize that he could never be legally prosecuted for a felony.

Finally in 2011 Mr. Miller realized his error and he filed a motion to vacate his felony guilty plea. This felony on his record was preventing Mr. Miller from owning any firearms and he also was required to register as a felony narcotics offender. It sure would seem reasonable that he be allowed to withdraw his plea.

The court however didn’t agree with Mr. Miller. The court said that because he consented to the plea agreement he could not now set aside his plea to the felony.

Poor Mr. Miller had the wrong lawyer. His lawyer didn’t do the research that easily could have determined this was only a misdemeanor offense. The court of appeals has said “tough luck Mr. Miller” you are stuck with a felony on your record now for the rest of your life.

So the next time you are sitting around talking about whether it is important to retain a criminal defense lawyer who knows what he is doing, tell everyone in the room about poor Mr. Miller.

What is even more amazing is that the court of appeals would not allow Mr. Miller to set the record straight.

If you or a loved one is currently facing any type of drug charges in Southern California, make sure to contact the experienced law firm of Wallin & Klarich. Our drug possession defense attorneys have defended clients facing drug charges for over 30 years.

Evidence that a Man kicked his Dog Hard Enough to Kill the Dog Led to the Man’s Conviction in a Murder Case

August 2, 2012,

If you intend to be accused of murder, do not kick your dog; you might kill your dog, and the court may use this evidence against you if you are ever accused of murder.

A defendant was recently tried for murder. The DA attempted to offer into evidence the testimony of the defendant’s daughter that several years prior to the date of the murder charge for which he was on trial, he had kicked the family dog so hard that the dog died.

The defense argued that such evidence was totally irrelevant to the murder charge for which the defendant stood accused. The DA took the position that if the accused would kick his dog hard enough to kill the dog, he would be more likely to kill a human being.

The court sided with the prosecution and the jury was allowed to hear the evidence of the defendant kicking the dog. The jury hearing that evidence and all the other evidence found the defendant guilty of murder.

Do you think the court was right in making this decision? Wallin and Klarich would like your comments?

Wallin & Klarich has over 30 years of experience providing clients facing murder charges with exceptional professional representation in Orange County and Los Angeles. Please call us today at 888-280-6839 if you or a loved one is facing murder charges in Southern California.

Supporters of Prop 8 Continue Their Fight to Outlaw Gay Marriage in California

August 1, 2012,

When will they realize that gays have the same legal rights as straight people in this country?

On Tuesday, July 31, 2012 the supporters of the ban on gay marriage in California gathered and filed a petition to the Supreme Court requesting that the Court upholds the ban on same sex marriage. Additionally, in their petition, they put in question “whether the 14th amendment’s Equal Protection Clause prohibits California from defining marriage as a union between a man and a woman.”

If two consenting adults want to be married, what right does society have to tell them that they cannot do so? Why is it that the majority always seems to want to compel the minority to act like they act or do what they do?

All of the courts in California have unanimously made clear after years of legal arguments that it is the legal right of gay men and women to marry. It certainly seems that now is the time for the United States to join the rest of the civilized world and to let people do what they wish to do in the privacy of their home.

No matter how we try to move forward in 2012 to support people's civil rights, prejudice and hatred will continue. Just last week a church in Mississippi refused to let a black couple to marry in their church, even though they were church members, JUST BECAUSE THEY WERE BLACK!

Just like women and blacks had to fight for decades to obtain equal rights, gay people are in the middle of that same fight. 20 years from now we will look back and say "are you kidding me?" We didn’t let gay people get married?
Let’s make a deal, gay people will not question what straight people do in the privacy of their bedrooms, and straight people can do the same.

In the end it is all about caring about people, and accepting people for who they are

The team of California defense attorneys at Wallin and Klarich has been fighting for the civil rights of all people for over 30 years. Feel free to contact us at anytime to discuss any legal matter you are facing where you feel your rights have been violated.