Southern California Defense Blog

Do not let anyone tell you that Deputy District Attorneys always play by the rules. Some Deputy District Attorneys will stop at nothing to obtain a conviction. This includes refusing to turn over critical evidence to the defense.

A Deputy District Attorney’s Failure to Turn Over Evidence

Recently in the case of People vs. Guittierez, the accused was facing charges of molestation that had allegedly occurred in 2002. The defense attorney had requested all relevant discovery prior to the preliminary hearing. However, the prosecution failed to turn over critical “exculpatory” evidence that the alleged victim had made false allegations of molestation against other men on two prior occasions.

The preliminary hearing went forward and the defendant was ordered to stand trial. When the defense finally received the critical evidence mentioned above, they made a motion to dismiss the charges based upon the Deputy District Attorney’s failure to turn over this critical evidence. The trial court agreed with the defense and dismissed the case.

The District Attorney would not give up and appealed the decision. Luckily, the court of appeals upheld the dismissal and ruled that the prosecution must turn over to the defense all favorable evidence to the defense, upon request, prior to the preliminary hearing.

Prosecutorial Misconduct

In the U.S. Supreme Court case Brady v. Maryland, the Court found that the prosecutor’s suppression of evidence favorable to the defendant who had requested it violated the defendant’s due process rights. Now, a prosecutor who commits a Brady violation (failing to turn over evidence favorable to the defendant) may have his or her case declared a mistrial or have the charges dismissed.

An experienced California Criminal Defense Attorney at Wallin & Klarich can defend you against such misconduct by the Deputy District Attorney. With over 30 years of experience, we can spot a Brady violation in your case and use that to get your charges dismissed.

The bottom line is that if you are facing criminal charges, you better retain a law firm that will stand up to the District Attorney and will make sure that your rights are protected. You never know when the prosecution or the police will fail to provide you with evidence that could lead to your charges being dropped.

California Criminal Lawyer

If you or a loved one has been charged with a crime, you need an experienced California criminal lawyer to represent you. The California criminal lawyers from Wallin & Klarich have over 30 years of experience successfully defending clients against prosecutorial and police misconduct. We are available to answer any questions you have and are willing to go the extra mile to fight for your freedom. We have the knowledge and experience to help assist you in your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us now at (888) 280-6839. We will be there when you call.

Recently a Hawthorne man was arrested and spent four days in jail for tape recording the police during a traffic stop. However, all charges were dismissed against him.

Illinois had a law that stated that if you tape recorded a police officer you could be convicted of a felony and sentenced to up to 15 years in prison. However, the United States Court of Appeals recently ruled the law to be unconstitutional.

It appears that tape recording a police officer when he encounters you, is similar to asking the officer for his name and badge number. However, a key issue is what will be the impact when you tell the officer that you are recording his conversation with you. You would certainly hope that by telling the officer you are recording everything that is going on it would mean that the police officer would not violate your constitutional rights. The officer would also know he better be careful when he writes his police report because there is a “tape” of what was actually said.

On the other hand, many police officers will get upset and likely act unprofessional when you inform them you are tape recording them. The Hawthorne man found out the hard way that if you exercise your legal rights you might find yourself in jail. Even if the charges are dismissed against you that does not erase your time in jail.

In a free country you would sure hope that you would be able to “hit record” when you are approached by a police officer. However, the consequences of doing so have to be taken into consideration.

If you are stopped by an officer, be cooperative, and document to the extent possible, everything the officer does or requests of you. Remember, most officers may know general police procedure, but they are not schooled in many of the constitutional requirements of the 4th, 5th and 6th Amendments. Wallin and Klarich has over 30 years of experience in dealing with all types of criminal and traffic charges. When your freedom is at stake contact the California Criminal Defense Attorneys at Wallin & Klarich at 888-280-6839 or visit our website www.wklaw.com. We have offices in Los Angeles, Riverside, Ventura, San Bernardino and Orange Counties. We will be there when you call.

The Los Angeles County Superior Court has become the latest victim of the economic crisis, announcing this Wednesday that it must cut up to $85 million from its upcoming fiscal budget that could involve the closure or partial closure of up to 10 local courthouses.

Judge Lee Smalley Edmon, presiding judge of L.A.’s courts, confirmed the reductions and stated the cuts were necessary “in order for the court to live within its means.” While “court leaders” have been meeting in recent days to discuss how to implement the reductions they stopped short of confirming the closure of the Kenyon Juvenile Justice Center and Catalina Island, Beacon Street, Huntington Park, Whittier, Pomona North, San Pedro, Malibu, West L.A. and Beverly Hills courthouses.

While no final decision has been made as to exactly when each court will close unless new funding is located it appears inevitable that this will happen. If this happens Edmon said the cuts will “significantly affect” access to justice in the county. Consequently, those accused of crimes will have to travel further to courts that will continue to handle their cases in the city where they reside. We will inform you of any future developments as this story unfolds. Call us if you have any questions of concerns. 888-280-6839

It was recently reported in the Daily Journal that the California Supreme Court held that a detention of an individual is unlawful when there is no evidence of criminal activity at the time of detention. Everett Walker was detained by a sheriff’s deputy as he got off a train. The deputy sheriff’s basis for detaining Walker was because he resembled a suspect who had committed a sexual battery the week prior. Walker was later arrested and charged with possession of drugs and use of false identification. Walker’s attorney sought to suppress the evidence and argued that Walker was unlawfully detained. The request was denied by the trial court and Walker later pled guilty.

The Supreme Court reversed and agreed with Walker, that the evidence should have been suppressed as the detention was unlawful. The Supreme Court argued that in order to justify a stop or detention, the sheriff’s deputy must have reasonable and articulable suspicion that some activity relating to a crime has taken place or is occurring or is about to occur, and the person being detained is involved in that criminal activity. The Supreme Court reasoned that when the sheriff’s deputy detained Walker it was based on the resemblance to the suspect. At no time, was there any reasonable suspicion to detain Walker because Walker was not involved in any criminal activity at the time he was detained.

If you or a loved one has been charged with a crime, contact our experienced criminal defense attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients with all felony matters. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

After being arrested, a suspect will go before the judge, who will either set a specified bail amount or allow the defendant to be released without bail during the pendency of the case. Bail refers to an amount of money that the suspect must post so that he or she can get out of jail.

The amount of bail depends on a number of factors, including:
(1) the severity of the crime the suspect is accused of,
(2) the strength of the prosecution's case,
(3) whether the accused has a criminal history and
(4) whether the suspect is a flight risk.

In the eyes of the court, posting bail is the court's way of ensuring that the defendant will show up for all future court dates. If the defendant does not show up to court as ordered or decides to flee the jurisdiction, the court will keep the bail money posted and immediately issue an arrest warrant.

If you believe that the bail has been set too high in your case, especially if you have a clean record and the crime you are accused of is not serious in nature, then you can ask for a bail review hearing. If your or a loved one is arrested, it is important that you speak with an attorney in your area who is experienced in handling criminal cases. At Wallin & Klarich, our criminal attorneys have over 30 years of experience. We will aggressively fight to get you the best possible result in your case. Call us today at 888-280-6839 or contact us through our website at www.wklaw.com. We have offices in San Bernardino, Riverside, Los Angeles, Ventura, San Diego, and Orange County. We will be there when you call.

Overcrowded jails have become a problem in California. With a stalled economy, counties in California have few options to appease the growing jail population. One option many counties in California, including Los Angeles County, have been considering is a pretrial release program for low-level accused offenders.

Los Angeles County has been exploring the option of including a risk-evaluation model to their incarceration program that would allow them to release inmates without bail. To qualify for the pretrial release program, the individual must be charged with a low-level crime, such as drug possession or petty theft.

According to Joseph Charney, deputy in charge of criminal justice matters for the Los Angeles County Board of Supervisors, “the plan would allow the county to more effectively prioritize which inmates should be held in custody.” Currently, two-thirds of California’s jail inmates are incarcerated on a pretrial hold.

Los Angeles has been closely monitoring similar programs in various different counties in California to observe the effectiveness of such programs. San Francisco has been the perfect model of the pretrial release program because it has one of its lowest incarcerated populations in San Francisco’s history. In addition, Santa Clara County has seen its jail population decrease by 25 percent over a two-year span. Los Angeles County hopes to decrease its jail population at the same rate.

Those who are against the pretrial release program fear that inmates released through the pretrial release program would not show up for their trial date. But statistics in San Francisco and Santa Clara have shown that more than 97 percent and 89 percent, respectively, have shown up for their court date. Thus, the pretrial release programs have effectively decreased the jail population while showing signs of cooperation by released inmates.

The Los Angeles County Board of Supervisors have a pilot pretrial release plan set to go into effect in November 2012 that would ultimately release 1,000 inmates who are held in custody on pretrial hold. If you or a loved one is incarcerated for a low-level crime, you must speak with an experienced criminal defense attorney from Wallin & Klarich. The criminal defense attorneys from Wallin & Klarich are very experienced in the area of criminal law and can assist you today. With offices in Los Angeles, Orange, Riverside, San Diego, San Bernardino, and Ventura Counties, a Wallin & Klarich attorney is always available to assist you in your case. Please call 888-280-6839 or visit wklaw.com for more information.

A Texas women was found guilty of unlawful imprisonment and custodial interference. The woman, whose eight-month old baby disappeared in 2009, was found guilty by a jury. The women is alleged to have taken the child to Texas. The women’s baby was last seen alive in Texas at a motel in late 2009. The woman originally told the child’s father that she had killed him. But after she was arrested, she told police that she gave the baby to an anonymous couple.

The woman was originally charged with kidnapping, but the jury couldn't reach a verdict on that charge. Instead, the jury found her guilty with aggravating circumstances on the lesser charge of imprisonment and two custodial interference charges. She is scheduled to appear in court on November 1st for sentencing. She has already served nearly three years in jail, having been taken into custody shortly after the child disappeared.

In California, false imprisonment is codified under Penal Code Section 236. It states that a person is guilty of false imprisonment, when the person wrongfully restrains, confines. or detains another person without his or her consent. The crime of false imprisonment does not require that the victim be imprisoned in a jail or prison.

False imprisonment may either be charged as a felony or a misdemanor, depending on the circumstances. If convict of felony false imprisonment in California, a person faces up to up to three years in custody. This custody time is in addition to a potentially long parole or probation period, and various significant fines and fees to the court.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you will keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at www.wklaw.com for more information. We will be there when you call.

We hear it all the time, “he took the 5th…she pled the 5th”. Your constitutional right against being forced to incriminate yourself follows you where ever you go! Whether you’re participating in a civil trial, a criminal trial, a juvenile matter or even an administrative hearing, you cannot be forced to testify or give a statement if doing so would tend to incriminate you.

The right applies to all citizens—even police officers, as was evidenced in an Orange County Court this week.

He’s already one of California's highest paid public pensioners, and this week former Bell Police Chief Randy Adams asked a state pension panel to double his retirement pay to reflect the huge salary he received during his brief stint as the top cop in the scandal-plagued city.

If Adams wins his case, which is being heard in Orange County, his pension would zoom to $510,000 a year, making him the second-highest-paid public pensioner in California.

Adams took the witness stand Thursday, and he invoked his 5th Amendment right to not incriminate himself a whopping 20 times, including when asked about his Bell salary, which was among the highest law enforcement paychecks in the nation. He may not win his hearing on a pension increase, but Adams was wise to refuse to give testimony that may incriminate him and potentially lead to criminal charges like those 8 other members of Bell city government are facing.

This highlights another fact: There is no limit on the number of times you can assert your right to remain silent!

We all have rights and we must defend those rights. If you or your loved one had your rights violated, call Wallin & Klarich now at 888-280-6839. We have offices in San Bernardino, Riverside, Ventura, Los Angeles and Orange County. We will be there when you call.

Whether you have to come to court to testify as a witness in a criminal case depends upon whether you are served with a valid subpoena.

The fact that you were a witness to a possible crime does not mean you must go to court to testify.
The fact that you gave a statement to a police officer does not mean you must go to court to testify.

You only must go to court to testify if you were served with a valid subpoena that provides the date, time and exact location where you are to appear.

What is a “valid subpoena”?

To be a valid subpoena you must be personally served with the subpoena. If you are personally served then that means you were handed the subpoena personally by another person. If this happens you must appear to testify at the date and time specified in the legal document. However, in many cases you can call the party that wants you to testify and ask to be placed “on call”. This means that you do not have to sit in court, but you will be called when they need you.

However, if you were mailed a subpoena that does not make it a “valid subpoena”. If you are mailed a subpoena you do not have to appear in court to testify unless you receive a phone call from the party that has served you and provide that person with specific identifying information such as your drivers license number or social security number. If that does not happen then you cannot be punished for failing to attend the court hearing to testify.

The bottom line is that you only have to come to court to testify if the above procedures are followed.

At Wallin & Klarich, we have been serving subpoenas for over 30 years. We have defended thousands of clients facing criminal matters. If you or a loved one have been charged with a crime call the criminal defense lawyers of Wallin & Klarich, 888-280-6839. With offices in San Bernardino, Los Angeles, Riverside, Ventura and Orange County, we can defend you no matter where you live. We will be there when you call.

As of today, September 28, 2012, your boss cannot demand as a condition of your employment that you provide him with your facebook or twitter password or log in information.

Over the last few years, with social media has become very popular many employers were demanding that a possible employee provide facebook information so the employer could do a “check” on the content of their facebook account. This is no longer legal.

Further, once you get a job, your employer cannot insist you provide the employer with your log in and password information.

This is great news for those that have an interest in protecting peoples privacy.

However, this ruling does not change the law that allows employers to terminate employees if they use their social media sites for their own benefit during work hours.

If you feel that your rights have been violated call Wallin & Klarich for a free consultation at 888-280-6839. We have over 30 years of experience staying up to date with changes in state and federal laws. With offices in Ventura, Los Angeles, San Bernardino, Riverside and Orange County, we can assist you no matter where you live. We will be there when you call. Visit us at www.wklaw.com

When you lie to the police you have committed a crime. California Vehicle Code Section states
as follows:

"No person shall give, either orally or in writing, information to a peace officer while in
the performance of his duties under the provisions of this code when such person knows
that the information is false."

You can face up to 6 months in jail and be ordered to pay a $1,000.00 fine for committing
this offense.

In addition your lie has lead to an innocent person being arrested for one of the most serious
crimes there is. If you do not tell the truth that means that you will be put in a horrible situation.

The falsely accused person will likely demand a jury trial as he is in fact innocent. You would be
called to testify by the prosecutor at the trial. You would then have a choice. You would either
tell the truth under oath and at that point the prosecutor will be extremely upset and will likely
want to prosecute you for a crime. On the other hand if you take the stand and lie under oath
you have committed the felony crime of perjury (PENAL CODE SECTION 118). You then will be
facing up to 3 years in county jail.

The best thing for you to do is before things get “out of control” you should retain a lawyer
who can represent you. The experienced perjury criminal defense lawyer can approach the prosecuting attorney and attempt to explain the circumstances in a manner where hopefully you are not arrested and prosecuted.

The important thing to remember is that an innocent man is facing many years in prison and
having to register as a sex offender if he were to be found guilty of rape due to your false
allegations. You need to make this right now.

Wallin & Klarich has over 30 years of experience defending clients from various criminal charges. If you or a loved one is being charged with Perjury, penal code 118, you must call our offices now at 888-280-6839. We have offices in Riverside, San Bernardino, Los Angeles, Ventura and Orange County. We will be there when you call.

Unfortunately you are not off the hook. When you were arrested you were given a date to appear in court. You showed up but you were told your case “had not been filed”. If you were smart you had a lawyer appear with you and he had your documents “stamped” to prove you appeared. However, this doesn’t mean the DA cannot file charges on you.

There are many reasons that charges are not filed by the time of your first “arraignment date”. Some of those include:

l. The police did not have time to complete their investigation to submit all of the police reports to the DA so the DA could decide to file the charges.

2. The DA received all of the police reports but has too busy to review them to make a decision as to what charges, if any to file against you.

3. The DA has received the paperwork but has returned the case back to the police for “further investigation” because he is not able to make a filing decision without more important data.

4. Your private criminal defense attorney may have spoken to the DA and asked him to delay filing so that they could discuss a possible case resolution.

So the question then is how long does the DA have to make a filing decision. In most misdemeanor cases the DA has up to one year from the date of your arrest to file charges. In most felony cases the DA has up to three years to file felony charges against you. If they fail to meet this filing deadline then the case will likely be “barred” due to what is called the statute of limitations.

However, in some cases, if the DA files the charges a lengthy period of time after you were arrested then your experienced criminal defense attorney can file a motion to discuss the charges due to the delay by the prosecution in making a filing decision. Your lawyer will have to show that

l. The DA failed to file the charges within a reasonable period of time

2. There was no legal justification for the lengthy delay in filing the charges

3. You have been prejudiced by the delay. You will have to show under this 3rd element that your case has been damaged. This often can be shown if a key witness to your defense is now deceased or cannot be located but he would have been able to testify if the DA had filed charges at an earlier date.

These type of cases are very complicated and you will need the legal services of an experienced criminal defense law firm. If you find yourself in this current situation call the experienced criminal defense attorneys of Wallin & Klarich at 888-280-6839. We will be there when you call.

In a bizarre case attorney Mark Wenzel has plead guilty to planting hidden cameras in two restrooms in Coffee Bean and Tea Leave stores in Encino. He plead guilty to the crime of invasion of privacy and was ordered to perform 200 hours of community service and pay a fine of $1,000. In addition he was ordered to stay at least 100 yards from all Coffee Bean Stores.

Just when you think you have heard it all. A lawyer decides to hide cameras in restrooms of a Coffee Bean store? The police report that the way Wenzel’s conduct was discovered was because he either “intentionally or inadvertently recorded himself while he was installing one of the cameras in the restroom.

A law firm has now filed a proposed class action on behalf of the person who found two of the cameras seeking monetary damages against Wenzel and the coffee store.

It will certainly be interesting to see who joins this lawsuit and how many people actually feel that they were videotaped while in the restroom at a Coffee Bean coffee shop. You certainly would think that when you go to use a restroom at a local coffee house you are not going to be videotaped while you use the bathroom.

We will keep you posted on developments on this case.

Wallin & Klarich understands that not everyone makes the right choices in life. Thankfully we have an aggressive team of criminal defense lawyers that can provide the best possible outcome for our clients. If your or your loved one is facing criminal charges in Ventura, San Bernardino, Riverside, Los Angeles or Orange County call us now 888-280-6839. We will be there when you call.

Unfortunately the answer to this question in California is YES.

For many years there have been laws that have bee introduced in Sacramento to change this law but Governor Brown vetoed legislation last year that would have changed the law. Until the law is changed the police can go to your school or your home (even if you are not home) and interview your child about a possible crime that your child might be involved in. You do not have the legal right to be present during the interview. Worse yet you do not have to be informed in advance that the interview will take place.

Millions of Californians believe that this is a violation of a parents right to the custody of his child. However, until the law changes the police are free to speak to your child anytime they would like and you do not have a legal right to be present.

The same is true of social workers. If there is a report made that someone may have abused your child social workers will often come to your home and demand to see your child. If you deny them the right to interview your child they can take your child from your home and place the child in foster care. They will also interview the child without you being present. Often they will come to your house with police officers so that they can enforce their rights to interview your child.

Hopefully some day this law will change and parents will have more rights but until that day happens we strongly suggest you advise your child that they should not speak to any police officer unless you are present. This will give you time to retain a criminal defense lawyer for your child. If your child says he does not want to speak without his lawyer the police cannot legally question him.

For over 30 years, Wallin & Klarich has been defending the rights of thousands of satisfied clients. We understand the laws and we are always up to date with changes in the law. If you need a criminal defense attorney, call Wallin & Klarich now at 888-280-6839. We have offices in Ventura, San Bernardino, Riverside, Los Angeles and Orange County. We will be there when you call. Visit us at www.wklaw.com

When someone is in custody facing a criminal charge it is critical that they have an experienced criminal defense lawyer representing them that has the time to devote to their defense. Felony charges carry extremely serious consequences including sentences for many years in state prison. No person should be facing such criminal charges without a lawyer fighting for them that they can trust will aggressively defend them in court.

Due to the current economic crisis in California many public defenders are facing caseloads that are overwhelming. It is often extremely difficult for them to find the time to visit their clients in custody to discuss the possible defenses to the crimes they are facing in detail. We often are told that a case will have been going on for a long period of time and the public defender has not provided the defendant with a copy of the police report. Of course, it is very important for the person charged with a felony to have a chance to review the police report line by line with his lawyer so the client can explain to the lawyer his version of what happened so the lawyer can challenge errors in the police report.

When you or a loved one are facing a felony charge in California it is very wise to consult with a private criminal defense law firm that can go visit your loved on and review the case with the accused in custody to help him decide what is the best possible defenses available in his case.

Wallin & Klarich has been successfully defending thousands of clients accused of various criminal matters. We know what you are going though and you do not have to face such serious charges alone. Call us now 888-280-6839. We will be there when you call.

The California Supreme Court has thrown out a death penalty verdict for a man was on death row. The highest court in California made clear that they had no choice but to void the death penalty jury verdict because the prosecutors in the case committed willful misconduct that lead to a man unfairly being put on death row.

The court found that the prosecutor (who now sits as a Superior Court judge) failed to provide the defense lawyers with critical witness interviews that could have lead to a different jury result. An independent investigation that had been done in the case by a retired judge concluded that a District Attorney’s investigator had lied during her testimony at the trial and had encouraged another witness to also lie.

The DA will not have to decide whether to retry the accused as to the death penalty issue.

When you read about stories like this you have to be very concerned about how many prosecutors are willing to break the rules and commit other acts of misconduct in order to an obtain a conviction. DA’s are taught that their main job is to do “justice”. This means they are required to always follow the rules and to never withhold evidence from the accused.

If you do not have an experienced criminal defense law firm on your side and you are being prosecuted by a DA that is willing to do “anything” to convict you (even unlawful things) you are in very deep trouble. Call us at 888-280-6839 to discuss your legal matters.

We very much would like your comments on this case.

It seems that DA’s offices across the state may be implementing policies that will destroy the critical benefits of the passage of AB109 in October, 2011.

The entire purpose of the new law was to have low level felony offenders no longer sentenced to state prison. The federal courts had told California that the prisons in our state were severely overcrowded and ordered that the prison population be reduced.

As of October 1, 2011 if you were convicted of a lower level prison sentence that had carried up to a 4 year prison sentence, you could no longer go to prison. Rather you would be sentenced to time in a local county jail. This made sense. Low level offenders should not join the hardcore prison population where they only will meet felons who will teach them “new tricks”. The federal court had made clear California had to do something. We did by the passage of AB109.

The immediate result of the new law change as promising. In last quarter of 2011 state prison commitments dropped from 9,723 to only 5,982. This was a drop of over 38%. We were on the right track. However, it was reported than in the second quarter under the new plan state prison commitments have risen to 6,440.

The law has not changed, so what is a logical explanation for the increase. We don’t have to guess. DA Steve Cooley was quoted as saying that his office was trained on how to file cases under the new law. HE stated “There are heightened efforts to identify individual offenders who are appropriate to have sent to state prison”. Los Angeles has seen an increase in state prison commitments.

What this means is that the DA is looking to “get around” the new law by doing all they can to file more serious charges in cases that should be filed as simple low level misdemeanors. The DA’s office is likely also filing additional “allegations’ which would deny those accused the ability to avoid a state prison sentence.

DA’s across this state are given an amazing amount of power to file criminal charges in any manner they can choose. They can choose to file certain crimes as felonies vs. misdemeanors just because they “want to do so”. It is a shame that the DA’s offices seem to be taking steps to try to thwart what the federal courts and common sense says we should do.

We urge everyone who cares about our criminal justice system to stay on top of the developments. If California does not lower its state prison population we will be hit by major sanctions by the federal courts. Low level drug offenders and first time theft felonies such as receiving stolen property should not be sent to state prison. Many of these defendants are 18 to 21 year old young people who will see their lives ruined if they go to state prison. Should one mistake lead to prison. We don’t think so.

If you or a loved one is facing prison time, or charged with a crime that may lead to prison, call our law offices immediately at 888-280-6839. We have defended thousands of clients facing prison sentences. Visit us at www.wklaw.com

Continue reading "Prison Commitments Rise As DA's Offices Do All They Can To Get Around The New Laws Trying To Avoid Prison Sentences" »

WOW!!!!
It sure looks like the door may be opening for the legalization of poker in your home. A federal court judge after hearing expert testimony ruled that poker is not considered gambling because it is not a “game of chance”. The court ruled that since poker is considered a game of skill it does not violate the laws pertaining to unlawful gambling.

While this federal court decision is not binding on California there is strong sentiment among many in the legislature to abolish current laws that prohibit poker games that are played for money in private homes.

Everyone knows that tens of thousands of poker games are going on every weekend in homes across California. Everyone knows that money is being won and lost at these poker games.

It is time for the law to be clear and to permit these games to go on without the fear of prosecution.

We would appreciate your feelings on this topic. Also, if you or your loved one if currently facing charges for unlawful gambling, contact the experienced criminal defense attorneys of Wallin & Klarich. We are available 24 hours a day 7 days a week. 888-280-6839

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.

If you are charged with a criminal offense, it is extremely important that you hire a Los Angeles criminal defense attorney.

Police in Ontario believe that at long last they have solved a murder case that went cold 18 years ago. A truck driver was sitting in his big rig at the massive truck stop in Ontario on December 29, 1994 when someone shot him to death and stole his wallet. Police believe it was merely a random robbery that turned violent.

Despite interviews with various witnesses at the time, police were unable to develop any leads. The case went cold until 2010 when homicide investigators took a fresh look at it. Using a national crime database the officers came up with a DNA match to a truck driver who was on federal probation in Florida for a drug trafficking conviction. They arranged for him to be arrested during a visit with his parole officer. The U.S. Marshal took the suspect, Demus Lushan Peterson, into custody pending extradition to California.

Peterson is charged with murder (PC 187) and murder with the use of a firearm (PC 245). The murder charge carries a mandatory 15 years to life penalty on conviction. The gun charge can add another 25 years to life to the original charge.

While the family of the murder victim must be resting easier, the defendant retains the right to a fair trial. As the penalties explained above suggest, a murder conviction can destroy a defendant’s hope of ever having a life free from state custody again. If you are charged with murder or another crime, it is in your best interests to hire a Southern California criminal defense attorney. We at Wallin & Klarich will work diligently for you. Call us today at (888) 280-6839).