Southern California Defense Blog

For hundreds of years California criminal judges have been allowed to make an “offer” to a defendant facing a felony charges when the District Attorney refuses to do so. This has been called an “indicated sentence”. The judge tells the defendant that if he pleads guilty to all of the charges pending against him he will give him an “indicated sentence” of a number of years in state prison. This offer is almost always a substantially better offer than what the District Attorney is willing to make to the accused.

The court of appeals in People vs. Clancey threw out a judicial “offer” that had been made by the judge to the defendant. The court of appeal ruled 2 to 1 that judge cannot make offers to defendants. The court said that they cannot make anything more than a “prediction”. For years the court would tell a defendant that if he plead guilty he would receive a set sentence and if after the judge read the probation report the judge did not feel that sentence was sufficient then the defendant could withdraw his plea.

After this decision, this type of “judicial-defendant” agreement is no longer legal.

What this means is that a defendant will have to either accept the District Attorneys offer (which is normally not a very good one) or plead guilty to all the charges and “hope” that the judge gives him a fair sentence based upon the judge’s “prediction” as to what he might do. However, the judge is no longer bound by that “prediction” and that will mean that thousands of defendants will risk very little by going to jury trial. When this occurs the result will be that it will likely be impossible to provide enough courts for all of these jury trials. This will mean the court will have to dismiss some serious felony cases if a defendant is not permitted to have his jury trial within his statutory right to a jury trial, which is within sixty calendar days of his arraignment.

Unless our California legislature takes quick action to change the law to permit judicial offers to be made to defendants all hell is going to break loose in our criminal courts system very soon.

The Miranda decision was decided decades ago. When the decision was reached by the United States Supreme Court they made it clear that when you are arrested you must be read your Miranda rights and unless you clearly waive those rights the police are not allowed to speak to you without your lawyer being present. This was decided because of decades of abuse by the police in obtaining “tainted” confessions due to intimidation and other coercive measures. This lead to hundreds of persons being wrongfully convicted based upon invalid admissions or confessions.

However, over the past ten years the current United States Supreme Court, lead by a conservative majority have slowly but surely weakened our citizens rights under “Miranda” so that they are now considered all but worthless. The burden is now on the accused to make absolutely and 100% clear that they do not want to speak without a lawyer. Making any statements short of those exact words and the police will be allowed to continue to badger you in an attempt to get a confession out of you.

Recently, even though a juvenile who was accused of a crime repeatedly begged to have his mother present before he answered questions, the court of appeals held that did not mean the police had to stop questioning him. In other cases, where the defendant says things such as “I think I need my lawyer” or “Don’t I need to have my lawyer” or “can you get me a lawyer” that has been held NOT BE GOOD ENOUGH to convince the court that what the defendants were saying is that they didn’t want to speak to the cops without a lawyer.

So spread the word to everyone you know. If you are a loved one is arrested, repeat the following sentence when the police come to speak to you over and over:

“I REFUSE TO SPEAK TO YOU WITHOUT MY LAWYER BEING PRESENT”. No matter what the police say to you or how they ask you a question just keep repeating the one sentence above. Then stop talking and do not say another word. IF you follow this advice then you will be protecting yourself and you will make it easier for our criminal defense law firm to work with you to win your case.

We would sure like your comments on this blog and whether you have had an experience with the police where they tried to get you to make statements to them after you had been arrested.

How can this happen in our country?

One of our clients was formerly prosecuted for child molestation. The evidence against him was weak but the DA pressed the case to trial. The jurors and the judge heard the evidence and 10 jurors voted not guilty. We then asked the judge to dismiss the case but the DA wanted to have another chance with another jury trial. The judge said no and went on for over ten typed pages as to why the evidence would never get better and the judge threw out the case.

Now two years later the District Attorney has refilled the charges and convinced a judge to set our clients bail at 1.3 million dollars. Today, finally, we were able to show the new judge the transcript from the prior case and the judge had no choice but to throw out of court these old dismissed charges.

You just have to wonder what else will the District Attorneys office try to do to persecute and harass those that have been exonerated by our court system. Thank god that our client was able to locate Wallin and Klarich and have them fight for him until the battle was won. Our client will be released from custody today.

Justice can prevail if you have the right law firm at your side.

Most people think they are arrested when a police officer says "You Are Under Arrest" or puts you in the back of the police car. This is incorrect. An arrest is the act of legal authority taking actual physical custody of a citizen thus causing a restraint on that citizen's liberty. An arrest occurs when there is a submission to authority causing a seizure of your person.

The standard to be considered and understood is the "free to leave" standard. Whether the suspect was free to leave - therefore making the police encounter consensual and not an arrest. What is difficult to understand is the interplay between a stop, detention, and arrest. Understand that an arrest is more than a stop. It is more than a detention. Further, mere contact, interaction or discussion with the police is not necessarily an arrest.

Also note that the infamous constitutional rights of Miranda do not apply until after you are placed under arrest. This is an important issue to discuss with your attorney, to make sure your attorney's arsenal is full before approaching arguments with the prosecutor and court.

Be sure that your rights are adequately protected if you are facing criminal accusations. 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.

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.

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

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

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

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

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

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

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

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

Every time there is a highly publicized criminal trial, the legal experts and/or analysts will usually reference both circumstantial and direct evidence. Moreover, you may hear these terms used on your favorite television program such as C.S.I., Law and Order, etc. But, what does direct and circumstantial evidence mean?

First, it is important to note what the term “evidence” means. There is jury instruction which defines “evidence.” The jury instruction reads as follows: “Evidence consists of the testimony of witnesses, writings, material objects, or anything presented to the senses and offered to prove the existence or non-existence of a fact. Evidence is either direct or circumstantial. It is not necessary that facts be proved by direct evidence. They also may be proved by circumstantial evidence or by a combination of direct and circumstantial evidence. Both direct and circumstantial evidence are acceptable as a means of proof. Neither is entitled to any greater weight than the other.”

Direct evidence as defined in a jury instruction is “evidence that directly proves a fact. It is evidence which by itself, if found to be true, establishes that fact.” An example of direct evidence would be testimony from a witness who saw a defendant doing graffiti on a wall.

Circumstantial evidence, on the other hand, is evidence that “if found to be true, proves a fact from which an inference of the existence of another fact may be drawn. An inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts established by the evidence.” An example of circumstantial evidence would be as follows: If graffiti was done on a wall at a certain date and time, testimony from a witness who saw a defendant walking by that wall around the specific date and time.

We hope that the information in this blog gives you some helpful insight into the difference between direct and circumstantial evidence. If you or a loved one needs assistance with any criminal defense matter call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive Souther California criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

As one of the first states to pass stalking laws in the early 1990s, California is very proactive in alleged incidences of stalking and harassment. From the arresting officer to the judge, people are very sensitive to the alleged victim in these cases and we understand you might feel like your voice is not being heard.

These offenses are typically highly emotional. More than likely you are very close to or at least know the person who the courts are alleging you stalked. We know how these accusations can affect a person.

Your actions may have been misinterpreted by the alleged victim or the police. Perhaps you just want help in making sure your side of the story is told. We can do that. We can ensure that your rights are being looked after at every stage of this trying process.

Find out what an experienced Southern California criminal defense lawyer to help you with your harassment or stalking case in California courts.

California Stalking Penalties

California penal code section 646.9 defines stalking as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear of their safety or the safety of their family.

Simple stalking can be charged as either a felony or misdemeanor and is punishable by up to one year in jail and fines of up to $1,000.

Notice that you do not have to intend to follow through with the threat, the only intent required is the intent to cause fear in the other person. So even if you didn’t mean what you said but only meant to frighten the alleged victim, you could be charged with stalking.
If you are charged with stalking and there was any type of restraining order in place, you will face a much harsher felony sentence of up to 4 years in a California prison.

Likewise, if you have prior stalking convictions, you may be punished more severely.
California’s stalking law also applies to cyber-stalking, or threats and harassing behavior committed over the internet through email, chat, or other communications.

When you are facing prison time or your reputation is on the line, you need someone to represent your best interests in a professional and skilled manner. Someone who can help you get the results you deserve in the California Courts.

If you or a family member are looking at this type of crime, 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.

Criminal threats is a form of assault. If you are charged with this crime in Ventura, it is important to immediately contact a Ventura assualt attorney to avoid the potential consequences that come with being found guilty of this crime.

The elements to convict for criminal threats are defined in People v. Toledo (2001) 26 Cal.4th 221, 227-228. In order to prove a violation of section 422, the prosecution must establish all of the following:

(1) The defendant “willfully threatened to commit a crime which will result in death or great bodily injury to another person,”

(2) The defendant made the threat “with the specific intent that the statement . . . is to be taken as a threat, even if there is no intent of actually carrying it out,”

(3) The threat which may be made verbally, in writing, or by means of an electronic communication device was “on its face and under the circumstances in which it was made so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat,

(4) The threat actually caused the person threatened to be in sustained fear for his or her own safety or for his or her immediate family’s safety, and

(5) The threatened person’s fear was reasonable under the circumstances.

All of the above elements must be met in order to convict. Criminal threats allegations require experienced legal counsel, like the attorney at Wallin & Klarich. If you or someone you know has been accused of a crime, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result. At Wallin & Klarich, we have helped people accused of criminal threats for over 30 years. Call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

Are jurors allowed to conduct their own independent investigations? The simple answer to this question is no! As a juror, you may feel that something is missing from the trial that you are sitting as a juror on. For example, you may feel that certain witnesses have not been called to testify, other extremely relevant evidence has not been presented, one the attorneys is doing a bad job in presenting his or her client’s case, etc. However, you are not allowed to conduct your own investigations to fill in answers to questions that you may have, etc. You must simply rely on the evidence presented to you in court.

In fact, there is a specific jury instruction that details this requirement. This very important jury instruction reads a follows:

“You must decide all questions of fact in this case from the evidence received in this trial and not from any other source. When a witness has testified through a Certified Court Interpreter, you must accept the English interpretation of that testimony even if you would have translated the foreign language differently. You must not independently investigate the facts or the law or consider or discuss facts as to which there is no evidence. This means, for example, that you must not on your own visit the scene, conduct experiments, or consult reference works or persons for additional information. You must not discuss this case with any other person, including, but not limited to spouses, spiritual leaders or advisers, or therapists, except a fellow juror during deliberations when all twelve of you are together in the jury room, and then only after the case is submitted to you for your decision and only when all twelve jurors are present in the jury room.”

We hope that the information in this blog gives you some helpful insight as to what is expected of a juror. If you or a loved one needs assistance with any criminal defense matter call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

“I didn’t actually complete a crime. I simply started to commit a crime, but didn’t follow through with it. Is this still a crime?” From time to time, we get calls from callers wanting to know if such an occurrence still qualifies as a crime. They want to know if they can still be prosecuted even if they didn’t actually “complete” a crime for what ever reason there may be. The answer to this question is yes. If the prosecutors are able to prove two very specific elements, then it will be considered an “attempt” to commit a crime, of which is a crime in of itself. These two elements are a specific intent to commit a crime and a direct but ineffectual act done toward its commission.

There is a very specific jury instruction that addresses when something will be considered an “attempt” to commit a crime.

The jury instruction reads as follows:

“An attempt to commit a crime consists of two elements, namely, a specific intent to commit the crime, and a direct but ineffectual act done toward its commission. In determining whether this act was done, it is necessary to distinguish between mere preparation, on the one hand, and the actual commencement of the doing of the criminal deed, on the other. Mere preparation, which may consist of planning the offense or of devising, obtaining or arranging the means for its commission, is not sufficient to constitute an attempt. However, acts of a person who intends to commit a crime will constitute an attempt where those acts clearly indicate a certain, unambiguous intent to commit that specific crime. These acts must be an immediate step in the present execution of the criminal design, the progress of which would be completed unless interrupted by some circumstance not intended in the original design.”

We hope that the information in this blog gives you some helpful insight into what is required to prove an “attempt” to commit a crime. If you or a loved one are facing “attempt” to commit a crime charges or any other type of criminal charge(s), call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

You're running into a store to grab some groceries, returning a video rental or picking some medicine from a pharmacy. You decide that there is little or no harm to leave your young child in the car unattended for a few minutes. The next thing you know you return to your car to find the police waiting for you. You are then either arrested or charged with a misdemeanor or felony or you are cited for an infraction. Someone has called the cops to report that you left your child in the car and now you are in major trouble. The bottom line is that leaving a child who is age six or younger unattended in your vehicle is against the law.

Under California Vehicle Code Section 15620, it directly states a parent, legal guardian, or other person responsible for a child who is 6 years of age or younger may not leave that child inside a motor vehicle without being subject to the supervision of a person who is 12 years of age or older, under either of the following circumstances: (1) Where there are conditions that present a significant risk to the child's health or safety. (2) When the vehicle's engine is running or the vehicle's keys are in the ignition, or both.

In a recent case we handled, a young mother left her infant in her car unattended in vehicle for 5-10 minutes while grabbing some medicine for the child from the pharmacy. Pursuant to California Vehicle Code Section 15620 (b) the punishment for this violation is a fine of one hundred dollars (which ends up really costing almost $500) and can also require any defendant to attend a education program on the dangers of leaving young children unattended in motor vehicles. In this woman's case, the police officer did our client a favor and only cited her for an infraction. In fact the police officer could have arrested her for a much more serious offense and could have called child protective services to have her child taken from her and put into protective custody.

In fact, in the discretion of the prosecuting attorney a defendant in the situation outlined above can be arrested and charged with a violation of California Penal Code 273A and if found guilty of child endangerment which can be punished by imprisonment in a county jail not exceeding one year if filed a misdemeanor or if filed as a felony for two, four or six years in state prison.

Often young parents forget that leaving a young child in a vehicle can lead to serious injury or death to the child. Especially when the summary temperatures rise, having a young child in a hot car for just a few minutes can lead to serious injury. In addition leaving your car running with your child in the car can lead to your vehicle as well as your child being taken by someone who decides to take your car. It should be clear that child endangerment is a serious criminal offense. If you or a loved one have been accused or charged with leaving a child unattended in a car, it is very important that you speak with an experienced criminal defense attorney immediately. At Wallin and Klarich, we have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result in your case. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case. We will be there when you call.

If you get convicted of certain misdemeanors in California you will lose your right to own or possess a firearm. In some cases the loss of 2nd Amendment rights lasts a period of ten years. In other cases, the right to bear arms can never be recovered. The length of the ban depends on the crime you were convicted of and whether the ban would be imposed under state or federal law.

If you have been convicted of a crime involving domestic violence in California, then your right to bear arms is lost forever under the current state of federal law. It is important to note that the crime must only “involve” domestic violence and does not require a conviction on a domestic violence charge. Even if your domestic violence charge is reduced to something as minimal as “disturbing the peace”, you are prohibited from owning a firearm. While you technically could have your right to own a gun restored ten years after the date of conviction under state law, it does nothing to help you under federal law.

Generally speaking, if your misdemeanor triggered the 10 year ban but did not involve domestic violence, then you have to wait 10 years from the date of conviction to restore your 2nd Amendment rights. It is also important to know that your gun rights are not restored when probation ends on your case and that an expungement does nothing to restore gun rights either.

Not all cases or convictions fit neatly in one box and different factors may apply to your case. If you or loved one is facing criminal charges in California, it is important to consult with an experienced criminal defense attorney to help protect your rights. At Wallin & Klarich, our attorneys will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.

A Monterey Park man is now facing some serious allegations after a female employee of his yogurt shop escaped from his storage room. The alleged victim freed herself and then contacted some people in the building who called police.

Robert Yachen Lee, is now facing kidnapping and attempted murder charges for the abduction of one of his female employees when he allegedly knocked her unconscious and then after disrobing her and placed her in restraints as well as placing her in a box. The storage room had also been apparently soundproofed.

The alleged victim told the police that when she awoke, she was bound with tape and had a collar around her neck. She was able to free herself and escape to a nearby office.

Are you or someone you know facing similar charges? You need to seek the advice of an experience criminal defense attorney immediately. The prosecution in this case will need to prove several things before you could be convicted of this or any other crime.

To prove that you are guilty of this crime, the People must prove that:

1. You took, held, or detained another person by using force or by instilling reasonable fear; 2. Using that force or fear, you moved the other person or made the other person move a substantial distance; 3. The other person did not consent to the movement; AND 4. You did not actually and reasonably believe that the other person consented to the movement.

Is consent a defense?

You are not guilty of kidnapping if you reasonably and actually believed that the other person consented to the movement. The People have the burden of proving beyond a reasonable doubt that the defendant did not reasonably and actually believe that the other person consented to the movement. You are also not guilty if the other person consented to go with you. Although, consent may be withdrawn.

Kidnapping is a serious and violent felony, which is punishable for up to 11 years in prison depending on the age of the victim. A conviction for kidnapping is a "strike," under the California Three Strikes Law, and could result in increased punishment for any further sentencing if you are convicted of another crime in the future.
If you or a loved one have been accused or charged with a kidnapping charge, 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.

Every person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety or the safety of his or her immediate family is guilty of stalking under Penal Code 646.9(a).

If you or a loved one are charged with stalking under Penal Code § 646.9(a), it is important to know what the prosecution must prove in order to convict you. It is also important to know what the important terms associated with this crime mean. We will now go through some of these key terms and what they mean using the specific jury instruction on point.

As used in the jury instruction, “Harasses" means a “knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.” Moreover, this course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.”
Meanwhile, "Course of conduct" means a “pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.” A "credible threat" means a “verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family.”

It is important to note that intent to carry out the threat is not an element of this crime. Also, the fact, if it be a fact, that the person who allegedly made the threat was incarcerated at the time the threat was made, is not a defense.

Finally, in order to meet the prima facie case for stalking, each of the following elements must be proved:
1. A person willfully, maliciously, and repeatedly followed or harassed another person;
2. The person following or harassing made a credible threat; and
3. The person who made the threat did so with the specific intent to place the other
person in reasonable fear for his or her safety or the safety of the immediate family
of such person(s).

If the jury has reasonable doubt as to one of these elements, then they must find the defendant not guilty.
We hope that the information in this blog gives you some helpful insight into what is required to prove stalking under Penal Code § 646.9(a). If you or a loved one are facing stalking charges or any other type of criminal charge(s), call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

After there has been a determination that a defendant is indeed incompetent, the court will:

order the defendant to be committed for treatment to restore competence and
make an order regarding the defendant’s antipsychotic medication.

Under Penal Code §1370(c)(1), the maximum time for a defendant to be committed for a felony is the shorter of the two:

- 3 years from the date of commitment or

- the maximum term of imprisonment.

The first thing the judge will do in the case of an incompetent defendant is to order a community program director to evaluate the defendant in order to determine what type of treatment/commitment is needed. Acting under Penal Code §1370(a)(2)(A) the director will make a determination whether the defendant needs to undergo outpatient treatment, be committed to a state hospital, or to any other treatment facility. Subsequently, the court will order a delivery of the defendant to the recommended facility.

After the court has dealt with the treatment facility, a determination must then be made concerning the defendant’s medication. Of course, the defendant can either consent or refuse the prescribed medication.

In the case where the defendant initially does not consent, the court must conduct a hearing as to whether medication should be administered involuntarily. The court can order that medication be administered over the D’s objection if:

Defendant lacks the capacity to decide whether taking medication is in his best interest,
poses a danger to himself or others, or as a last resort,
the medication is necessary to restore D to competence
o Penal Code §1370(a)(2)(B)(ii)(III) Requirements:

Defendant is charged with a serious crime
Involuntary administration of anti-psychotic medication is substantially likely to render the D competent to stand trial
The medication is unlikely to have side effects that interfere with the D’s ability to understand the nature of the criminal proceeding or to assist counsel in the conduct of a defense in a reasonable manner
Less intrusive treatments are unlikely to have substantially the same results, and
Anti-psychotic medication is in the patient’s best medical interest in light of his or her medical condition
We hope this gives you some insight on what happens after the court determines a defendant to be incompetent. If you or a loved one needs help with a criminal case that may have an issue of competence to stand trial or any other type of criminal defense matter, you need an attorney immediately. Wallin & Klarich has a team of highly skilled and aggressive criminal defense attorneys ready to take your call. Wallin & Klarich has over 30 years of experience defending against criminal prosecution and achieving the best possible results. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

It is possible to reduce your felony conviction to a misdemeanor. This can be achieved through something called a “17(b) motion.” Reducing a felony conviction to a misdemeanor has many benefits:

• You can say that you have not been convicted of a felony on job, school, housing, or loan applications
• You can regain your ability to own a gun
• You would be able to vote and serve jury duty

To qualify for a reduction pursuant to a 17(b) motion, the offense must have been a “wobbler” and probation must have been granted.

To be clear, a wobbler is a crime that can be prosecuted as either a misdemeanor or a felony, depending on your criminal record and the facts of the case. Therefore, crimes that can only be prosecuted as felonies cannot be reduced to misdemeanors. If the felony that you were convicted of could have been prosecuted as a misdemeanor, you would qualify for a 17(b) reduction. Otherwise, you would not.

To be granted probation means that you have been allowed to serve your sentence outside of jail. However, you would need to abide by certain court-ordered conditions and you may be required to report to a probation officer. Probation must have been granted in order to qualify for a 17(b) motion. This means that if you had served any time in state prison for your felony conviction, you will not qualify.

You will certainly need the assistance of an experienced criminal defense attorney to help you achieve a felony reduction, especially if the prosecution is going to oppose it. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible results. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

We get several calls each week from people who have suffered a prior juvenile criminal conviction(s), are now adults, and want to know if they can get this juvenile conviction off of their record. Fortunately, the answer to their question is yes! If eligible, individuals who have suffered criminal convictions as a juvenile can have their record sealed.

Moreover, when their record becomes sealed, all records of the person’s arrest, detention, prosecution, and conviction are physically sealed off and/or destroyed. This means that no one can view or obtain the record(s). Also, once the sealing occurs, the individual can say under penalty of perjury that they were never arrested or convicted. This can be very helpful when applying for jobs, applying for enlistment in the military, applying for credit, or other opportunities.

So who is eligible to have their juvenile criminal record sealed? The eligibility requirements are listed in the Welfare and Institutions Code. Under the Welfare and Institutions Code, the individual must meet the following criteria in order to have your juvenile criminal record sealed:

1. The individual must be at least 18 years old, or 5 years must have passed from
the individual’s last arrest or discharge from probation; and
2. The individual must not have been convicted in an adult court of any felony or serious misdemeanor; and
3. The individual must be able to show that he or she is “rehabilitated”, meaning not currently engaged in criminal activity; and
4. The individual must not have sustained a Juvenile Petition for one of the serious felonies listed in Welfare and Institutions Code Section 707(b), where the individual was 14 years or older at the time of the offense.

We hope this gives you some helpful insight into the sealing of juvenile criminal records. If you or a loved one needs assistance with this process call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive juvenile criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their juvenile criminal matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

A woman has been arrested on suspicion of drugging her estranged husband and cutting off his penis with a knife and throwing his penis in the garbage disposal and then turning the disposal on. Catherine Kieu Becker, appeared in court this week on felony charges of torture, aggravated mayhem as well as sentencing enhancements for great bodily injury and personal use of a knife. The maximum time she faces for these charges is life in prison with the possibility of parole.

These are very serious crimes which could expose you to numerous penalties not the least of which is potential long prison term.

Under Penal code section 206, if you, with the intent to cause cruel or extreme pain and suffering to another person for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another, is guilty of torture. Torture is punishable by imprisonment in the state prison for a term of life.

In addition, to the torture charge, she is also being charged with aggravated mayhem. Under penal code 205, you are guilty of aggravated mayhem when you unlawfully, under circumstances manifesting extreme indifference to
the physical or psychological well-being of another person,
intentionally causes permanent disability or disfigurement of another
human being or deprives a human being of a limb, organ, or member of
his or her body. Aggravated mayhem is a felony punishable
by imprisonment in the state prison for life with the possibility of
parole.

If you or a loved one have been accused or charged with this 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 this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

When a person commits a crime, he or she will have to deal with criminal prosecution and a potential civil lawsuit by the alleged victim. Often times when there is a conviction, the victim may seek restitution in the criminal case, even after receiving money from a civil judgment. As such, Courts tend to struggle to determine how much credit a defendant can receive for payments to a victim by an insurance company. Courts look at three different criteria to determine whether or not the defendant is entitled to any credit for payments made by an insurance company.

First, the court may look at who purchased the insurance. For example, if the parent of the defendant purchased the insurance, the defendant will not be given credit for the civil settlement towards any potential restitution obligation.

Second, rather than focus on who purchased the insurance, the Court can focus on whether or not the defendant was listed in those documents. If so, then defendant can receive credit since the defendant received a benefit

Third, the Court may offer the defendant credit by reviewing the insurance policy and determining if the insurer was really the defendant’s insurer.

To make matters worse, the law in California allows an insurer to not be liable for a loss caused by the willful act of the insured. In other words, the State will not allow an insurer to pay for harm caused by an intentional crime. For example, if a person intentionally sexually molests another person, the insurer would not be required to pay for the loss suffered by the alleged victim and the defendant would be left to foot the bill at a restitution hearing.

If you or a loved one is charged with crime it is important that you speak with an experienced criminal defense attorney who can navigate you through the difficulties of a restitution hearing. At Wallin & Klarich, our attorneys have over 30 years of experience in handling restitution hearings. Our attorneys will fully inform you of your options as they navigate through the complex court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.