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      <title>Southern California Defense Blog</title>
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      <copyright>Copyright 2008</copyright>
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            <item>
         <title>THE EFFECT OF EARNING CAPACITY OF AN OBLIGATING PARENT IN A CHILD SUPPORT ISSUE</title>
         <description><![CDATA[<p>When an obligating parent quits his job voluntarily to pursue another career or to go back to school, the court may impute that obligating parent’s earning capacity ability and better yet, the court may also impute that parent’s earnings at the time he/she quit his/her job even if that parent goes back to school and is not working or just working part time while going to school so long as that obligating parent voluntarily quit his full time job.</p>

<p> </p>

<p>If the circumstances are that the obligating parent was laid off or his company downsized, that parent may still be imputed his past earning capacity from previous employers, and certainly, other factors come into play as to the opportunity and the availability of the positions in that particular field that the obligating parent once held in the past.</p>

<p> </p>

<p>Get an experienced <a href="http://www.wkfamilylaw.com/">California Family Law Attorney</a> from Wallin & Klarich to properly represent you. This could be the difference in your child getting the appropriate child support. Contact Wallin & Klarich for your family law representation. See our website at <a href="http://www.wkfamilylaw.com">www.wkfamilylaw.com</a> or call us at 1-888-749-0034.</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/05/the_effect_of_earning_capacity.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/05/the_effect_of_earning_capacity.html</guid>
         <category>Child Custody Issues</category>
         <pubDate>Mon, 12 May 2008 06:00:00 -0800</pubDate>
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            <item>
         <title>SHOPLIFT</title>
         <description><![CDATA[<p><a href="http://www.wklaw.com/areas-theft.html">Shoplifting </a>is the crime of stealing, or making an effort to steal, or intentionally paying less than the full amount for products or goods in a store. Shoplifting can include taking something without the intention of paying for it, hiding, concealing, or modifying a store’s goods (including the price tag) with the intention of stealing it or unlawfully paying less that it is being sold for. </p>

<p>In California, shoplifting goods with a value less than $400 may constitutes a petty theft misdemeanor charge. Shoplifting goods with a greater value may constitute a grand theft or larceny felony charge. The charges for shoplifting also depend on whether a person has a criminal history of shoplifting and other specific factors.</p>

<p>The <a href="http://www.wklaw.com/areas-theft.html">penalties for shoplifting</a> vary by circumstance and location but can include fines up to two times the amount of the value that was stolen, prison or jail time, and community service. In some cases compensatory fines may also be assessed in shoplifting cases in order to compensate a store owner for his or her losses.</p>

<p>If you would like to learn more about shoplifting, you may wish to contact a qualified and experienced legal expert from <a href="http://www.wklaw.com/">Wallin & Klarich</a> who can advise you of your legal rights and options. An attorney can help to protect and maximize your legal interests in a shoplifting case.</p>

<p>Call Wallin & Klarich at 1-888-749-0034 and we can answer any legal questions you may have.</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/05/shoplift.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/05/shoplift.html</guid>
         <category>Theft &amp; Shoplifting</category>
         <pubDate>Fri, 09 May 2008 06:00:00 -0800</pubDate>
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            <item>
         <title>EMBEZZELMENT</title>
         <description><![CDATA[<p><a href="http://www.wklaw.com/areas-theft.html">Embezzlement</a> is the theft of property and/or money by an individual or entity that is responsible for handling the assets. Embezzlement typically occurs in corporate settings and places of employment.</p>

<p>Embezzlement charges can carry serious consequences regardless of whether the defendant is guilty. Accusations of embezzlement are extremely embarrassing and can oftentimes ruin an individual or an entity’s reputation. Furthermore, an embezzlement conviction may result in hefty fines and/or a prison sentence of up to 20 years depending of the value of assets taken and other factors in the case.</p>

<p>To ensure your legal rights and interests are fully protected, it is important to retain a highly qualified and experienced criminal law lawyer from Wallin & Klarich who has knowledge of <a href="http://www.wklaw.com/areas-theft.html">embezzlement law</a> and can help reduce the charges, or even get an acquittal.</p>

<p>Call <a href="http://www.wklaw.com/">Wallin & Klarich</a> at 1-888-749-0034 and we can answer any legal questions you may have.</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/05/embezzelment.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/05/embezzelment.html</guid>
         <category>Embezzelment</category>
         <pubDate>Thu, 08 May 2008 06:00:00 -0800</pubDate>
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         <title>DUI</title>
         <description><![CDATA[<p><a href="http://www.wklaw.com/areas-drunk-driving.html">Driving Under the Influence</a> (DUI) is a serious offense, which can carry harsh penalties including heavy fines, license suspension, and even jail time. The severity of DUI laws varies from state-to-state; however, most states enforce DUI laws rigorously. If you have been arrested on charges of DUI, you may wish to speak with an experienced attorney at Wallin & Klarich who can help you understand your rights.</p>

<p>Blood Alcohol Concentration (BAC) is a common factor in determining a person's level of intoxication. The minimum BAC needed for a <a href="http://www.wklaw.com/case-results.html">DUI conviction </a>in CA is .08%. In the case of underage drivers, any BAC may constitute a DUI offense.</p>

<p>An officer can obtain a person's BAC through a Breathalyzer test, or blood analysis.  Unfortunately, these tests are not failsafe as the margin for error is large. A qualified <a href="http://www.wklaw.com/practice-areas.html">DUI attorney</a> from Wallin & Klarich can answer any questions you may have about these tests and their outcomes.</p>

<p>Call Wallin & Klarich at 1-888-749-0034 and we can answer any legal questions you may have.</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/05/dui_1.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/05/dui_1.html</guid>
         <category>DUI &amp; Drunk Driving</category>
         <pubDate>Wed, 07 May 2008 06:00:00 -0800</pubDate>
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            <item>
         <title>BATTERY CHARGES</title>
         <description><![CDATA[<p>Battery is the nonconsensual, harmful or offensive touching of a person or anything attached to that person, such as a wallet or purse. Unlike assault, battery requires actual physical contact. Proof of damage from the injury is not always required for successful <a href="http://www.wklaw.com/areas-assault.html">battery charges</a>, but in most jurisdictions, proof of intent to cause harm is.</p>

<p>If you or a loved one has been charged with <a href="http://www.wklaw.com/areas-assault.html">battery</a>, it is important to understand your legal rights and options.  Such as possible defenses like: Lack of intent, Self defense, and the defense of others.  The help of an experienced criminal defense attorney at Wallin & Klarich can be invaluable to those who are facing battery charges and can help ensure that your legal rights are protected.</p>

<p>Call Wallin & Klarich at 1-888-749-0034 and we can answer any legal questions you may have.  You can also check out our website at <a href="http://www.wklaw.com">www.wklaw.com</a>.</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/05/battery_charges.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/05/battery_charges.html</guid>
         <category>Assault &amp; Battery</category>
         <pubDate>Tue, 06 May 2008 06:00:00 -0800</pubDate>
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            <item>
         <title>&quot;SOCK-PUPPETING&quot; MAY LEAD TO CRIMINAL CHARGES</title>
         <description><![CDATA[<p>For the uninitiated, the term “sock-puppet” is used in reference to the Internet to describe a situation where a person creates a fake online identity, usually for the purpose of deception. While it might seem obvious that, for instance, if a person makes up a false identity, and posts an ad offering to sell a baseball autographed by Babe Ruth for $10,000, but the poster has no such baseball, and the poster takes another person’s $10,000 and fails to deliver the goods, the poster can be charged with an <a href="http://www.wklaw.com/areas-internet.html">internet crim</a>e. What about other contexts, such as harassment?</p>

<p>Take the case of Megan Meier. Ms. Meier was a teenager from Dardenne Prairie, Missouri who had a falling out with a friend. Thereafter, the friend and her mother allegedly set up a web page on the social networking site MySpace. The thing is, according to the allegations, they did not use their own names and identities. The page indicated that it belonged to a teenage boy by the name of Josh Evans. This identity was apparently not related to any real person with that name. It should be noted that Ms. Meier’s friend’s mother has denied setting up this MySpace page. </p>

<p>Allegedly, after establishing this <a href="http://www.wklaw.com/practice-areas.html">fake identity online</a>, “Josh Evans” began contacting Ms. Meier via Ms. Meier’s MySpace page. The initial contacts were friendly, with “Josh Evans” telling Ms. Meier that he thought she was attractive. Thereafter, the tone of the messages began to change. “Josh Evans” began sending Ms. Meier hurtful messages, and indicating that he was no longer interested in being Ms. Meier’s friend. There was an indication in news reports that the last message indicated that the “world would be a better place without” Ms. Meier. Investigators were not able to find any record of this message. Ms. Meier apparently discussed these hurtful messages with her mother, and this discussion ensued in an argument between Ms. Meier and her mother. Ms. Meier was found thereafter hanging by her neck in her bedroom closet. She subsequently died and her death has been ruled a suicide.<br />
</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/05/sockpuppeting_may_lead_to_crim_1.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/05/sockpuppeting_may_lead_to_crim_1.html</guid>
         <category>Internet Crimes</category>
         <pubDate>Mon, 05 May 2008 06:00:00 -0800</pubDate>
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            <item>
         <title>US SUPREME COURT AGREES TO HEAR WARRANTLESS SEARCH CASE</title>
         <description><![CDATA[<p>The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a <a href="http://www.wklaw.com/areas1-warrants.html">warrant</a>. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling meth-amphetamine out of his home. The police sent an undercover informant into Callahan’s home to purchase <a href="http://www.wklaw.com/areas-drugs.html">illegal drugs</a>. When the informant, who was wearing a wire, purchased the drugs, he signaled police, who, without the benefit of a warrant, entered Callahan’s home and arrested him. Criminal charges were subsequently dropped against Callahan when the criminal court ruled that the conduct by the officers violated Mr. Callahan’s Fourth Amendment right to be free from unreasonable searches and seizures. </p>

<p>	Mr. Callahan subsequently filed a lawsuit against the police in <a href="http://www.wklaw.com/areas-federal.html">federal court</a> for violating his constitutional rights. The US District Court dismissed his case, and, on appeal, the US Court of Appeals re-instated the lawsuit and the officers sought review before the US Supreme Court. <br />
</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/05/us_supreme_court_agrees_to_hea.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/05/us_supreme_court_agrees_to_hea.html</guid>
         <category>Warrants</category>
         <pubDate>Fri, 02 May 2008 06:00:00 -0800</pubDate>
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            <item>
         <title>LAPD CARS TO BE OUTFITTED WITH CAMERAS</title>
         <description><![CDATA[<p>	The Los Angeles City Counsel’s Public Safety Committee has voted 3-1 to approve the installation of video cameras in Los Angeles Police Department patrol cars. Cameras had been recommended by the Christopher Commission, which investigated the LAPD in the wake of the beating of motorist Rodney King by LAPD officers – a beating captured on videotape by a civilian. The cameras will also satisfy a requirement of the Consent Decree between the City and the federal government entered into in the wake of the scandal involving corrupt anti-gang officers from the Department’s Rampart Division. </p>

<p>	The contract still must be approved by the full Los Angeles City Counsel and also by Mayor Antonio Villaraigosa. The one dissenting Committee member cited concerns that IBM, who would be charged with installing the cameras in the patrol cars, would not use Los Angeles based companies, and, therefore, that Los Angeles would not be re-investing in its own economy.</p>

<p>	The cameras could be activated manually by officers, or automatically by certain “triggers” such as when the officer activates the patrol car’s lights or siren, or when airbags are deployed, or when the car’s shotgun is removed. The LAPD’s long term goal is to install such cameras in all of its police cars, at an estimated cost of roughly $34million. </p>

<p>At <a href="http://www.wklaw.com/">Wallin & Klarich</a>, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful <a href="http://www.wklaw.com/">California criminal charge</a> matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing criminal charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.<br />
</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/05/lapd_cars_to_be_outfitted_with.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/05/lapd_cars_to_be_outfitted_with.html</guid>
         <category>Law &amp; Information</category>
         <pubDate>Thu, 01 May 2008 06:00:00 -0800</pubDate>
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         <title>BE SURE YOUR LAWYER IS IN FACT A LAWYER</title>
         <description><![CDATA[<p>That’s the message that a recent press release from the Los Angeles County District Attorney’s Office sends. The press release involves the recent conviction of Ross Stanley Berton, age 61. Mr. Berton pleaded guilty to 15 counts of <a href="http://www.wklaw.com/areas-theft.html">grand theft</a>, two counts of offering false evidence, one count of <a href="http://www.wklaw.com/areas-fraud-bad-check-forgery.html">forgery</a> and one count of <a href="http://www.wklawtheft.com/id-theft.html">identity theft</a>. Fifteen counts were dismissed as part of the plea agreement, the District Attorney stated.</p>

<p>The LA Superior Court judge who took the plea sentenced Mr. Berton to 12 years state prison. Berton, who pleaded to at least one count for each of the 16 victims, also was ordered to pay restitution totaling $346,826. He has been in custody since his arrest on January 4, 2008. <br />
</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/04/be_sure_your_lawyer_is_in_fact.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/04/be_sure_your_lawyer_is_in_fact.html</guid>
         <category>Law &amp; Information</category>
         <pubDate>Wed, 30 Apr 2008 06:00:00 -0800</pubDate>
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         <title>CHP GETS FEDERAL GRANT TO CRACKDOWN ON DUI DRIVERS WITH ARREST WARRANTS</title>
         <description><![CDATA[<p>A recent press release from the California Highway Patrol announced that the agency has received a federal grant to arrest DUI drivers with outstanding warrants for failure to appear in court on DUI charges, or failure to pay fines or show proof of completion of other requirements imposed by the court after a <a href="http://www.wklawdui.com/">DUI conviction</a>.</p>

<p>The CHP press release described how every year individuals are arrested for DUI and enter the legal process and that some individuals either fail to appear in court or fail to pay fines associated with DUI offenses. As a result, arrest warrants are issued for these individuals. However, sometimes these warrants are not served in a timely manner allowing the violators to avoid justice until they’re apprehended. </p>

<p>The CHP has indicated that, in order to assure that proper attention is given to outstanding DUI <a href="http://www.wklaw.com/areas1-warrants.html">felony and misdemeanor warrants</a>, the CHP has launched a major anti-DUI crackdown through a new federal grant entitled “Stop DUI II.” This grant will allow the CHP to take an aggressive approach to reduce the number of outstanding DUI warrants by establishing teams of officers for the specific purpose of serving outstanding DUI warrants. </p>

<p>California Highway Patrol officers will serve these warrants and arrest the individuals who have been evading the law. The grant’s focus is on CHP’s Valley, Golden Gate and Southern Divisions and extends through December 31, 2008. <br />
</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/04/chp_gets_federal_grant_to_crac.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/04/chp_gets_federal_grant_to_crac.html</guid>
         <category>DUI &amp; Drunk Driving</category>
         <pubDate>Tue, 29 Apr 2008 06:00:00 -0800</pubDate>
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         <title>SEX OFFENDERS AND MYSPACE</title>
         <description><![CDATA[<p>Recently, the Connecticut Attorney General wanted information from MySpace as to whether any <a href="http://www.wklaw.com/areas-sex-crimes.html">registered sex offenders</a> had a web page on My Space. At first News Corp, which owns MySpace, did not comply with the Attorney General’s request, but eventually they turned over the information and also removed the profiles of over 7,000 MySpace participants from the site after identifying them as Registered Sex Offenders.  </p>

<p>Interestingly enough, though, MySpace does not maintain information about the removed profiles, so in removing the registered sex offenders, they also disposed of evidence about their identities and the like. </p>

<p> Wallin and Klarich has developed a unique understanding of how these cases work and an aggressive, thorough approach to defending them. Defending <a href="http://www.wklaw.com/areas-sex-crimes.html">sex crime charges</a> is a complex and specialized type of criminal defense. Few criminal defense lawyers have the experience, training and resources necessary to win a sex-related case.<br />
</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/04/sex_offenders_and_myspace.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/04/sex_offenders_and_myspace.html</guid>
         <category>Sex Offenses</category>
         <pubDate>Mon, 28 Apr 2008 15:19:26 -0800</pubDate>
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         <title>CA LEGISLATURE: TIME CHANGE HAS NO IMPACT ON CLOSING TIME, MAYBE?!?!?</title>
         <description><![CDATA[<p>Many of us are still trying to adapt to the new dates for changing our clocks from Pacific Standard Time to Pacific Daylight Time and back, and figuring out how to get the time on our VCRs and cellular telephones to change consistent with the new rules established by the federal Energy Policy Act of 2005 – the federal legislation that changed the dates when we change our clocks.</p>

<p>It might seem that, for those who like to go out to restaurants and bars and imbibe, about the only thing that might be good about the twice a year ritual of changing the clocks is when the clocks are changed from Daylight Time to Standard Time (i.e., when we “Fall Back” one hour in Autumn), and here’s why. </p>

<p>Under California law, no bar or restaurant may sell any alcoholic beverage between the hours of 2:00AM and 6:00AM, meaning that alcoholic beverage service is closed down at 2:00AM at bars and restaurants throughout the state, and may not commence again until 6:00AM. (Bus. & Prof. Code, § 25631.) The law specifically declares that anyone who sells alcoholic beverages, “between the hours of 2 o'clock a.m. and 6 o'clock a.m. of the same day, is guilty of a misdemeanor.” (Id.)</p>

<p>Coincidentally, when we “Fall Back” one hour in Autumn, that time change officially occurs at 2:00AM, meaning that, officially, on the date when clocks go from Daylight Saving Time to Standard time, the time goes from 1:59AM Daylight Saving Time to 1:00AM Standard Time, thereby giving us not only an extra hour of sleep, but also an extra hour of drinking at our favorite watering hole, right? </p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/04/ca_legislature_time_change_has.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/04/ca_legislature_time_change_has.html</guid>
         <category>Law &amp; Information</category>
         <pubDate>Fri, 25 Apr 2008 06:00:00 -0800</pubDate>
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         <title>THERE IS NO PRIVACY ON THE INTERNET</title>
         <description><![CDATA[<p>According to a recent report on Foxnews.com, this point was made clear recently to a group of teenage girls in New York, who apparently videotaped themselves confronting a younger girl, and then slapping and kicking the girl in the head and body. The girls then apparently posted the video footage of the beating on YouTube. After police discovered the video, the girls were all arrested and charged with <a href="http://www.wklaw.com/areas-assault.html">attempted assault</a>. It is amazing how many cases we see here at Wallin & Klarich were people would not have been prosecuted for committing crimes had they not either bragged about them on a blog or MySpace page, or posted videotape of themselves committing the crime on an Internet site such as YouTube. Of course, it is far better to not commit a crime in the first place, however, if you have done something that could expose you to arrest, posting evidence of your activities on the Internet is probably one of the worst things you can do.</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/04/there_is_no_privacy_on_the_int.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/04/there_is_no_privacy_on_the_int.html</guid>
         <category>Internet Crimes</category>
         <pubDate>Thu, 24 Apr 2008 06:00:00 -0800</pubDate>
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         <title>COURT: BREATH TESTS ADMISSIBLE</title>
         <description><![CDATA[<p>A March 17, 2008 ruling by the New Jersey Supreme Court declares that results of breath tests given to <a href="http://www.wklawdui.com/">DUI suspects</a> on devices manufactured by Alcotest are sufficiently reliable to be admitted in New Jersey DUI prosecutions.</p>

<p>20 people who had been arrested for DUI in New Jersey collectively filed a lawsuit challenging the use of the breath tests in their cases. Specifically, the defendants argued that the manner in which the calculations were made by the device caused the devices to overestimate the breath alcohol concentration in some drivers. </p>

<p>The Court, after hearing four months of testimony, declared that, in the vast majority of cases, the device underestimated the person’s <a href="http://www.wklawdui.com/areas-drunk-driving.html">breath alcohol level</a>. The Court specifically found that, although the device actually overestimated the breath alcohol level in some individuals, that was not sufficient to justify any modification of the device or discontinued use of the device.</p>

<p>	<br />
</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/04/court_breath_tests_admissible.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/04/court_breath_tests_admissible.html</guid>
         <category>Law &amp; Information</category>
         <pubDate>Wed, 23 Apr 2008 06:00:00 -0800</pubDate>
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         <title>WHAT YOU SAY CAN COME BACK TO HAUNT YOU</title>
         <description><![CDATA[<p>When a person is in custody very often they feel it is "safe" to share their thoughts to other inmates. In some cases inmates may call a lawyer on the phone to ask for legal advice. In other cases an inmate who has retained a law firm may decide to discuss the facts of their case with their lawyer over a jail house phone. Based upon recent decisions of the <a href="http://www.wklaw.com/areas-appeals.html">California court of appeals</a>  you are putting your case and your freedom in great jeopardy if you use the jail house phone to speak to anyone about your case.</p>

<p> </p>

<p>In addition if you speak to an inmate who is in a jail cell with you it is critical you realize that that inmate may wish to receive leniency on their case in exchange for revealing what they claim you stated to them to the prosecution. The best possible advice is to only speak to anyone who is in custody about any of the facts related to your case. In fact in some cases it can be dangerous to your safety to discuss the charges you are facing with other inmates.</p>]]></description>
         <link>http://www.southerncaliforniadefenseblog.com/2008/04/what_you_say_can_come_back_to_1.html</link>
         <guid>http://www.southerncaliforniadefenseblog.com/2008/04/what_you_say_can_come_back_to_1.html</guid>
         <category>Law &amp; Information</category>
         <pubDate>Tue, 22 Apr 2008 06:30:00 -0800</pubDate>
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