Being accused of an assault or battery crime in Riverside can be an intimidating experience that often leaves an individual feeling confused and overwhelmed regarding his or her legal rights and what defenses may be available. Based on California Penal Code Section 240, a person only has to be accused of intending to commit battery, physical violence, or willful use or force on another person to be arrested for assault. Under California Penal Code Section 242, an individual may be arrested for battery if physical contact or violence occurs beyond another person’s consent. In such instances, an accused individual may find it beneficial to contact an aggressive Riverside assault defense lawyer who will help them understand their rights and provide a strong defense for their case.
At Wallin & Klarich, our experienced and skilled Riverside assault and battery defense attorneys have been assisting those charged with a broad range of crimes for more than 30 years. Our Southern California legal team is extremely familiar with potential defenses to an assault and battery charge, some of which may include self-defense, defense of another, inability to actually carry out assault or battery, lack of requisite intent to commit battery, intoxication, and even consent on the part of the alleged victim. To learn more about how the criminal defense law firm of Wallin & Klarich can help you with your case, please visit our website at www.wklaw.com or call 888-280-6839 today.
]]>In order to be convicted of possession of a controlled substance, the prosecution must prove that you unlawfully possessed a controlled substance, that you knew of its presence, that you knew of the substance’s nature or character as a controlled substance, what the controlled substance was, and that the quantity possessed was a usable amount. Possession means that a person has physical custody and control over the substance.
One of the many defenses to possession of a controlled substance is momentary/transitory possession. In order to successfully assert the defense of momentary/transitory possession, it must be shown that the defendant possessed the controlled substance only for a momentary or transitory period, that the defendant possessed the controlled substance in order to abandon, dispose of, or destroy it, and that the defendant did not intend to prevent law enforcement officials from obtaining the controlled substance. Of course, because every case is unique it is vital that you speak with an experienced criminal defense attorney about the particular facts of your case and any defense that may be available to you.
]]> A felony conviction for possession of a controlled substance may result in imprisonment in the county jail for up to one year or imprisonment in the state prison for up to three years. In addition, various other penalties can be imposed on you by the judge when you are sentenced. These include substantial fines and fees, community service, drug classes and more. In addition, other “collateral” consequences may result. For example, someone convicted of a drug offense may not qualify for federal student aid to attend college, and a drug conviction will likely also make it difficult to maintain employment or find a new job.For more information, go to www.wklaw.com and read our Possession of a Controlled Substance section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.
If you have been charged with possession of a controlled substance, it is vital that you immediately contact an experienced California possession of drugs criminal defense attorney. At Wallin & Klarich our experienced criminal defense attorneys have been handling drug possession cases for more than 30 years and will aggressively represent you. With so much at stake it is essential that you call us today. Call Wallin & Klarich today at (888) 280-6839 to learn more about your legal rights. We will be there when you call.
]]>Haidl will instead pay a $40,000 fine and perform community service on a guilty plea for filing a false tax return. The crime carries a statutory minimum of three years in prison and a $100,000 fine.
During Carona’s corruption trial, Haidl testified about funneling illegal contributions to Carona’s election campaign and paying Carona and his top aid $1,000 a month to keep them from accepting bribes from any other source. Haidl also secretly recorded conversations with Carona on three occasions. One recorded conversation had Carona and Haidl discussing how they should testify before a grand jury, leading the jury to convict Carona of witness tampering. Carona was sentenced to 5 1/2 years in jail on the witness tampering charge.
]]> At Wallin & Klarich, our knowledgeable criminal defense lawyers in San Diego understand the procedures of the court system in Southern California. We will make sure you understand all aspects of your case and all options available to you. We have been defending the rights of those facing these charges for over 30 years and know what it takes to get your charges reduced or dismissed completely. Call us today at 888-280-6839 or visit www.wklaw.com for more information. We will be there when you call. ]]>If you have been ticketed for this infraction in California, make sure you hire a traffic ticket lawyer to help you get the case dismissed. If you are convicted of this traffic infraction, you are facing a $50 fine and one point on your driving record. However, penalty assessments will be added to the $50 so that the total amount you will have to pay will be closer to $200. By hiring a traffic ticket lawyer, you may be able to avoid paying the fines and you may also be able to avoid the points on your driving record.
]]> At Wallin & Klarich, our attorneys have over 30 years of experience. Our San Diego California criminal defense attorneys have seen first-hand just how consequential accepting the fines given from a ticket can be in leading to hurting a person’s driving record. A bad driving record can lead to higher insurance premiums and even loss of employment. It is important that you talk to an attorney even if you are thinking of paying the fine of the ticket. It can make a big difference. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call. ]]>Since prosecutors charged Mr. Ray with manslaughter, Arizona law requires that the prosecution prove that James Ray acted with criminal intent. The prosecutors could prove criminal intent by showing that Mr. Ray acted recklessly and that his actions caused the deaths of his alleged victims. At trial, the prosecution might be able to show this by providing evidence that Mr. Ray was aware that others were ill at previous retreats. The prosecution could also show evidence that Mr. Ray lied about the incidents and ignored signs of medical distress among his followers.
]]> At the same time, Mr. Ray’s best defense will likely be that his victims knew about the risk, and, nonetheless, decided to participate in a sweat lodge retreat. To successfully defend an individual who is charged with a similar crime in California, his or her defense team must prepare testimony of cult experts, medical professionals, sweat lodge leaders, former and current employees and prior participants.Our firm has over 30 years of experience in criminal matters and has been recognized as an AV rated law firm. The vast resources at Wallin & Klarich allow us to offer outstanding representation to clients charged with crimes involving complicated scientific evidence. We have the legal knowledge and the resources to ensure that your rights and liberty are protected. Please call us at 888-280-6839, or visit our website at www.wklaw.com. We will be there when you call.
]]>The news story said that the incident started when the doctor, while driving his car, got a little too close for comfort with a couple of cyclists who were apparently hogging the road. The doctor and the cyclists exchanged words, and the doctor went around the cyclists and suddenly slammed on his brakes. One of the cyclists couldn’t stop and slammed into the back of the car. The cyclist was severely injured and the doctor was arrested.
The doctor now faces up to 10 years in prison and also faces losing his driver’s license for the rest of his life because the weapon purportedly used was a car.
Have you or a loved one been accused of assault with a deadly weapon involving a motor vehicle? Assault with a deadly weapon in California is considered a serious or violent felony and could mean possible time in prison as well as a lifetime suspension of your driver’s license. It is important to contact an experienced attorney to represent your interests and your rights in court.
]]> At Wallin and Klarich, our attorneys have successfully represented many clients in this situation. Our attorneys will work to ensure that the facts of your case are heard. Many defendants can avoid prison time and held on to their driving privileges. Call us at 888-280-6839 or fill out our consultation form online at www.wklaw.com for a free evaluation of your case. We will be there when you call. ]]>Assault and battery charges in Anaheim may arise from an initially simple interaction. For instance, two or more parties can begin an argument about any subject, whether the situation is as small as an argument at a convenience store or a shouting match built from a larger scale fender bender. Sometimes the matter at hand can trigger a person’s negative emotions to provoke intense physical response or verbal backlash. According to Section 242 of the California Penal code, battery is defined as non-consensual physical contact, and is a criminal offense. However, section 240 of the Code says that a person does not have to follow through with their intent to commit battery in order to be accused of assault. If you have been charged with assault or arrested for battery, you may be left wondering how the law defines your legal rights and how you can better understand any unfortunate accusations set against you.
The Anaheim battery defense attorneys at Wallin and Klarich have over 30 years of experience tackling assault and battery cases, and also have defended many who face various other criminal offenses. The experienced group of Southern California lawyers is committed to helping you create a solid defense for your case so that your trial can have a positive conclusion. Defenses such as looking out for another person’s well-being, intoxication, physical inability to carry out attack, or even self-defense can be used to successfully explain your case. To reach one of the aggressive and confident lawyers at Wallin & Klarich who can aid you through your trial and translate your legal rights, visit www.wklaw.com, or call 888-280-6839 today.
]]>The case arose out of the 2006 general election for California’s 47th House of Representatives district to represent Santa Ana between incumbent Loretta Sanchez and challenger Tan Duc Nguyen. During the campaign, a letter apparently from Nguyen went out to 14,000 residents in the district with Latino names. The letter, written in Spanish, warned the residents that if they were immigrants, undocumented or otherwise, voting in the election would result in their imprisonment and deportation.
The U.S. Department of Justice formally charged Nguyen with obstruction of justice for not being truthful in his interview with investigators about the matter. However, the U.S. District Judge presiding over the case questioned why Nguyen wasn’t charged with actually sending out the letter himself.
Most damning, there was a 40 minute gap in the two-hour audio interview with Nguyen about the letter. After the first 15 minutes, the tape recorder apparently stopped working, but no one noticed until 40 minutes later, when a new one was brought in. The judge pointed out that during his days as a deputy district attorney, it was standard procedure to have two recorders tape interviews simultaneously.
]]> Serious doubt has been raised regarding the tapes’ accuracy due to the missing portion of the interview. The validity of the U.S. Attorney’s evidence will be challenged by the accused due to this issue. The judge himself said the missing portion of the recording makes proving the charge of obstruction of justice more difficult.All persons accused of crimes need an aggressive criminal defense law firm willing to fight for them and uncover these types of possible errors in the prosecutors’ investigations. The Orange County criminal defense attorneys at the law firm of Wallin & Klarich has over 30 years of experience handling those charged with criminal offenses. We know what to look for and we have the knowledge to get to the heart of the matter. Our attorneys can be reached by phone at 888-280-6839 or through our website at www.wklaw.com. We will be there when you call.
]]>The mission of the Veteran’s Court is to provide a treatment program for combat veterans in the criminal justice system. To be eligible, the defendant must be a combat veteran. Also, the crime alleged must have been the result of post traumatic stress disorder (PTSD), traumatic brain injury, substance abuse, and/or a psychological problem stemming from the defendant’s service in combat. Veteran’s Court does not admit individuals charged with sex crimes or violent crimes. Each individual is evaluated on a case by case basis.
In order to get the case to Veteran’s Court, the attorney may request the judge to transfer the case. The request may be done orally. It is recommended that the attorney bring any and all documentation to support the request, such as evidence indicating defendant is a combat veteran, any history of substance abuse, or that defendant suffers from PTSD. If the judge grants the request, the defendant will receive a hearing at Veteran’s Court.
At the Veteran’s Court hearing, the judge will make a determination of whether or not defendant is eligible for the Veteran’s Court Program. The judge may also continue the matter if more information is needed either from the district attorney or from Veteran Affairs. It is also possible that the defendant may be interviewed by health professionals to determine defendant’s eligibility.
]]> Once the defendant is eligible, he or she is immediately entered into the program, which lasts 18 months. During this time, the defendant will be required to attend regular meetings and receive treatment. There are a total of 4 phases which the defendant must successfully complete. These 4 phases are similar to the drug court model. Upon successful completion of the program, the defendant’s entire case can be dismissed or certain charges will be dismissed.If you or a loved one are a veteran and has been charged with a crime, you should call the experienced Southern California defense attorneys at Wallin & Klarich immediately. Our attorneys have the skill and expertise to provide you with the best possible defense. Our experience with Veteran’s Court is invaluable to your defense. For this reason, it is important to hire an experienced attorney from Wallin & Klarich. Our attorneys can be reached by phone at 1-888-280-6839 or through our website www.wklaw.com. We will be there when you call.
]]>Simple arguments occur daily; however, in many instances, an argument may escalate into a major altercation resulting in assault and/or battery. Section 240 of the California Penal Code states that a conflict between multiple parties does not have to become physically harmful or emotional detrimental for a participant to charge another with assault. At the very least, the intent to commit battery, or physical contact, is enough to charge anyone involved in the conflict with assault. California Penal Code Section 242 says that battery may be considered touch without consent. Despite what may appear to be a simple definition of battery, it is very common for those arrested for a battery crime to not be aware of the specific laws behind their charges or their legal rights in the situation. A skilled Santa Ana assault and battery defense attorney is able to properly define the law in such cases, and can provide answers and clear alternative explanations to defend an accused individual.
If you or a loved one has been accused of assault or charged with battery, the experienced Southern California criminal defense attorneys at Wallin and Klarich have the knowledge and skills to help you with your case. Wallin and Klarich’s aggressive Santa Ana lawyers have been assisting those in need of assault and battery defense for over 30 years, and also have a thorough background in defending a wide range of criminal cases. Those charged with assault or battery may benefit from a number of defenses such as intoxication, self-defense, unable to act on a plan of harm, or even coming to the defense of another. For more information regarding how Wallin and Klarich can help you with your trial by creating a strong defense on your behalf, please call 888-280-6839 today or visit www.wklaw.com.
]]>Failure to register as a sex offender is a serious crime. California’s sex offender registration laws are very complex and failure to follow them could lead to a new felony case. But, in order to be convicted of failure to register as a sex offender, the prosecution must show that you had “actual knowledge” of the duty to register. There are many ways prosecutors can show that you had “actual knowledge” of the duty to register. It is thus critical to hire a criminal defense attorney with experience handling these cases. Your attorney can aggressively fight the charges and show that your failure to register was not illegal because you did not have actual knowledge of the registration requirement.
]]> Given the complex nature of the California’s registration requirements, consultation with a knowledgeable criminal defense attorney is essential. If you or someone you know has been accused of a sex crime or failing to register as a sex offender, please don’t hesitate in contacting an experienced San Diego criminal defense attorney. The attorneys at Wallin & Klarich have been handling sex offender cases and failure to register cases for more than 30 years. Our attorney will aggressively attack the charges against you and protect your rights. Contact Wallin & Klarich today at (888) 280-6839 for a free evaluation of your case, and visit us on the web at www.wklaw.com. We will be there when you call. ]]>Each suspect has been charged with one felony count of conspiracy to commit robbery, two felony counts of kidnapping to commit robbery, five felony counts of first degree robbery in concert, and six felony counts of assault with a firearm.
According to prosecutors, the five men met up at a grocery store parking lot before the robbery. Then, three of the men went inside the house, tied up the houseguests, and pistol-whipped at least two of them; a third went to the hospital for his injuries.
]]> The robbers grabbed watches, wallets, cell phones, cash, and other valuables.A man, who was in the back yard at the time, called police on his cell phone.
As police came, the three men ran off. If convicted on all counts, the defendants face a sentence of life in state prison.
If you or someone you know ever get arrested for robbery, you will need an aggressive and experienced Southern California criminal defense attorney fighting for you. At Wallin and Klarich, we have over 30 years of experience fighting these types of cases. Call us today at 1-888-280-6839 or contact us on the web at www.wklaw.com for a consultation of your case. We can help you.
]]>One of the most misunderstood concepts in Southern California criminal law revolves around the “Miranda Rights.”
Most people have heard them all before:
While the rights are easy enough to understand, the application of the Miranda rule is less clear.
Basically, the purpose of the rule is to keep out any statements a defendant makes under very specific circumstances.
In order for Miranda to apply:
Examples when Miranda does not apply:
The moral of the story is simple. The Miranda rule is complicated and it’s best to just keep your mouth shut when you’re not sure what to do.
At Wallin & Klarich, our team of experienced Los Angeles defense lawyers can help you or your loved ones if they have been arrested. We will examine every detail of the incident to see if your Miranda rights have been violated. Call us today at (888) 280-6839 or contact us on the web at www.wklaw.com. We will be there when you call.
]]>Specifically, the memo dictates that “individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana” should not be the Department’s main focus. In fact, the Justice Department will continue to prosecute those individuals or entities relying on state marijuana laws as a pretext for the illegal distribution of marijuana. Most importantly, the memo states that individuals who are in compliance with medical marijuana laws can still be prosecuted in federal court if it serves an important federal interest. Clearly, this exception leaves the door wide open to prosecute individuals regardless of the new Justice Department guidelines.
]]> This area of the law is highly complex, and the punishments for violation of federal or state drug laws are severe. If you have been arrested for a drug-related offense in California it is important that you speak to one of our highly experienced San Diego criminal defense attorneys. Wallin & Klarich has over 30 years of experience in representing individuals charged with drug-related offenses throughout Southern California. Call Wallin & Klarich at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call. ]]>California Penal Code Section 530.5(a) is the unauthorized use of personal identifying information of another person. This crime involves any person who willfully obtains personal identifying information of another individual and uses that information for any unlawful purpose, including obtaining, or attempting to obtain credit, goods, services, real property, or medical information without the consent of that person.
]]> Consequences of theft crimes include jail or state prison time, probation, hefty fines, and full victim restitution resulting from the personal damage to the victim.It is important to have an experienced and aggressive attorney on your side. If you or someone you love has been accused of an identity theft crime in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit www.wklaw.com to set up a consultation appointment. We will be there when you call.
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