Southern California Defense Blog

Active and reserve military have major problems when arrested or charged with domestic violence. If you’re convicted, it means the end of your career.

What’s known as the “Lautenberg Amendment” makes it a felony for anyone convicted of a misdemeanor crime of “domestic violence” (e.g., assault or attempted assault on a family member) to ship, transport, possess, or receive firearms or ammunition. There is no exception for military personnel engaged in official duties. The Amendment also makes it a felony for anyone to sell or issue a firearm or ammunition to a person with such a conviction. This includes commanders and NCOs who furnish weapons or ammunition to Marines or Navy knowing, or having reason to believe, they have qualifying convictions. Some civilian courts were trying to create an exception by saying a firearm could be carried in the line of duty. Marines were pleading guilty to domestic violence and thinking they would be ok. That’s absolutely incorrect and a career killer.

What qualifies as “domestic violence”? In California it’s a long list of relationships. It includes anyone you’ve dated and members of your household.

A conviction does not include Article 15s, summary court martial convictions, deferred prosecution (or similar dispositions in civilian courts).

It’s critical to know the differences. It literally makes the difference between staying in the military and being forced out. If arrested or charged with domestic violence you need an experienced lawyer to protect you. That’s Wallin & Klarich.

If you have any questions about a criminal manner, feel free to check out our website at www.wklaw.com or give us a call at any time to discuss how a Wallin & Klarich attorney can help you.

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Posted In: Domestic Violence , Domestic Violence

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Active and reserve military have major problems when arrested or charged with domestic violence. If you’re convicted, it means the end of your career.

What’s known as the “Lautenberg Amendment” makes it a felony for anyone convicted of a misdemeanor crime of “domestic violence” (e.g., assault or attempted assault on a family member) to ship, transport, possess, or receive firearms or ammunition. There is no exception for military personnel engaged in official duties. The Amendment also makes it a felony for anyone to sell or issue a firearm or ammunition to a person with such a conviction. This includes commanders and NCOs who furnish weapons or ammunition to Marines or Navy knowing, or having reason to believe, they have qualifying convictions. Some civilian courts were trying to create an exception by saying a firearm could be carried in the line of duty. Marines were pleading guilty to domestic violence and thinking they would be ok. That’s absolutely incorrect and a career killer.

What qualifies as “domestic violence”? In California it’s a long list of relationships. It includes anyone you’ve dated and members of your household.

A conviction does not include Article 15s, summary court martial convictions, deferred prosecution (or similar dispositions in civilian courts).

It’s critical to know the differences. It literally makes the difference between staying in the military and being forced out. If arrested or charged with domestic violence you need an experienced lawyer to protect you. That’s Wallin & Klarich.

If you have any questions about a criminal manner, feel free to check out our website at www.wklaw.com or give us a call at any time to discuss how a Wallin & Klarich attorney can help you.

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Posted In: Domestic Violence , Domestic Violence

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A husband and wife came into my office the other day and spilled their guts out. Neither could hold back the tears either. The wife got a little bit liquored up and insisted upon driving her kid back home. The husband intervened and his wife punched his lights out. The police arrived and found a few bruises on the wife. Next thing you know, the husband becomes a temporary guest of the county until he is bailed out by his wife after his arraignment. Meanwhile however, the husband can’t live in the same house as his wife. Why? Because the court has the power to issue a protective order against the husband. Pursuant to CPC 136.2, the court can issue a protective order if good cause exists that a victim or witness has suffered or will suffer harm, intimidation, or dissuasion. This may be alright in some battery or domestic violence cases, but not all. Meanwhile however, the child and wife are missing their husband. The wife is still living in the bottle and the child is perhaps neglected all because the cops thought that the husband went O.J. on his wife.

After an hour of sobbing, I finally relented and retained the husband. The next day, we go to court with the wife and request that the protective order be set aside. The Judge put on his stern face and seemed reluctant to grant my motion. But I argued that instead of automatically issuing the protective order, the court must inquire with the alleged victim and objectively review the facts of the case. Moreover, the victim has another alternative to reach the same objective. A person who needs protection may apply for a restraining order pursuant to CCP 527.6. Because of the fact that the wife appeared and made it clear that husband was not a threat to her, the judge removed the order. Get a California criminal defense attorney or you may be kicked out of your home by the state.

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Since the inception of the “911 emergency” system decades ago - emergency police and medical response has evolved into a well oiled machine. Response times have gotten shorter, more modern resources are employed, communications are better, and the calls are recorded and stored better and longer. I’m sure most people have seen at least one news story on television where they played back a “911 emergency call” for dramatic affect.

I believe that it was the need for caller identification for the “911 emergency” system which fueled the advancement of caller ID technology. That technology is now an integral part of most, if not all, “911 emergency” systems. I understand there are still some “911 emergency” systems on the wireless end which may not have instant caller ID and because of the mobile nature of wireless telephones; it takes more technology to locate the source of the call. But for the most part when you dial “911”, your phone number, and in most cases your name and address, will instantly appear on a screen for the dispatcher to assist in directing whatever resources are needed as quickly as possible. Keep in mind the goal of the “911 emergency” system is a prompt and thorough response.

You cannot call “911” and simply hang up and forget about it. They will call you back to inquire about the emergency nature of your call. In most cases even of you tell them it was a mistake you may still get a visit from the nearest patrol officer – just to make sure everything is okay. “911” is for emergencies and if you have an emergency you should call. But, if you are having an argument with your spouse or some other member of your household you should think very carefully before you dial “911 emergency”. Once you set the wheels in motion there may be no turning back. All it takes is for the dispatcher to hear you crying or someone yelling in the background to instantly dispatch the nearest patrol car to your location. And once on scene the police are duty bound to investigate the matter.

Unlike years past, the police cannot simply come to your house and calm everybody down and leave. If there is a red mark on someone or someone tells the police that someone else touched them during the argument then someone is going to jail. Not only that, but someone is going to be dealing with the Court system as well.

Continue reading "THINK BEFORE YOU CALL “911”" »

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