A criminal record will be an obstacle to achieving these life goals. For example, some employers conduct a background check to make sure that you have a clean record before they hire you. If you are an aspiring lawyer, a criminal record may put your moral character application into question. A criminal record can also prevent you from obtaining other state licenses, such as a contractor’s license or a real estate license. Having a criminal record can also be embarrassing for your personal life.

An expungement allows you to wipe your record clean. The Wallin & Klarich criminal expungement attorneys can assist you with an expungement by petitioning the court to permit you to withdraw your guilty plea, or vacate your felony or misdemeanor conviction. If the court grants your petition, your criminal charges will be dismissed. The court will grant you this dismissal upon the completion of certain requirements.

How to Qualify for an Expungement of your Criminal Record

You may qualify for an expungement whether you are convicted of a felony or misdemeanor. However, you will not be eligible for an expungement if you served a sentence in state prison.

If you are on probation as a result of your conviction, you must complete your probationary period to qualify for an expungement. You must also:

• Pay all fines and restitution;

• Make all necessary court appearances;

• Not commit any new crimes; and

• Comply with other conditions of probation imposed by the court, which may include participation in community service and counseling.

If you are on probation, your expungement attorney may seek early termination of probation under PC 1203.3 (link). The judge may in that instance grant early termination and dismissal of charges at the same time.

California Expungement Attorney

The law firm of Wallin & Klarich has been successfully representing our clients seeking criminal record expungements for over 30 years. We have the knowledge and experience to help you successfully petition for an expungement and move on with your life.

Upon retaining Wallin & Klarich, we will immediately collect information about your prior conviction(s). This thorough investigation can include seeking your criminal record information from the California Department of Justice to make sure that we account for all of your convictions.

With this extensive information about your prior conviction, we will tailor the most effective strategy to present your case to the court in the best light with the goal of having the court grant your expungement. We will represent you at all necessary court appearances. If you are on probation, we will also provide you with guidance on how to successfully terminate your probation at the earliest possible time.

For your convenience, our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.

If this law were to be passed in California it would drastically increase the number of DUI arrests.

The NTSB claims that by reducing the legal limit from 0.08 down to 0.05 it would cut the deaths in DUI accidents by more than half. It cited in its report that more than 100 countries have adopted the 0.05 standard. The result has been that the share of traffic deaths related to drunk driving was reduced by more than half over a ten year period.

The problem with lowering the limit is the reality of how much alcohol needs to be in a person's body for them to reach a .05 blood alcohol level.

Experts report than a woman who weights less than 120 pounds will reach .05 after just one drink. A man weighing up to 160 pounds will reach a 0.05 level after two drinks.

If you were to ask a woman who had consumed one drink if she was “under the influence” the answer would be NO in about 100% of cases. The same would be true if you ask a male if he felt he was “under the influence” after consuming only two drinks. What this means is every day thousands of California residents would get into their vehicles believing they were fine to drive, only to be pulled over and prosecuted for a DUI.

The impact of reducing the legal limit for a DUI must be studied very carefully. Nobody wants even one person to be injured or killed by a drunk driver. On the other hand it seems the impact of lowering the current blood alcohol level will make it extremely difficult for persons to consume even a small amount of alcohol and drive their vehicle.

Many would say we should err on the side of “caution” because if we can save lives by lowering the legal limit we should do so.

Others will say that reducing the limit to .05 will result in far too many unwarranted DUI arrests and convictions. The consequences of a DUI conviction in California are severe. The total cost of a DUI can exceed $20,000. Many people convicted of a DUI will lose their driving privilege and their employment.

Being charged for a DUI under the current situation is already daunting enough. However if you are facing a DUI charge, you do not have to handle it alone. The DUI attorneys at Wallin & Klarich have been defending clients facing DUI charges for over 30 years. With offices all over Southern California, do not hesitate to call us at (888) 280-6839. We will be there when you call.

Prosecution of Indecent Exposure

The prosecution must prove the following two elements in order to convict you of indecent exposure:

• You willfully exposed your genitals in the presence of another person or persons who might be offended or annoyed by your actions; AND

• When you exposed yourself, you acted lewdly by intending to direct public attention to your genitals for the purpose of sexually arousing or gratifying yourself or another person, or sexually offending another person

The law disregards what any person who witnesses your allegedly indecent act actually thinks about your act. The law assumes that any witness to your act will be offended or annoyed by your conduct.

Other circumstances may make the charge you face more serious and the punishment you face harsher. For example, you will be convicted of a more serious crime if the prosecution proves the following in addition to the above-mentioned two elements:

•You willfully and lewdly exposed yourself after you had entered and inhabited dwelling/building/trailer coach without consent

Punishment for Indecent Exposure in California

If you are convicted for PC 314 and have no prior indecent exposure convictions on your record, your offense will be charged as a misdemeanor and you will face up to 6 months in county jail and a maximum fine of $1,000.

If you are convicted of a second offense for indecent exposure or have a prior conviction for lewd acts upon a minor under PC 288, your offense is a felony punishable by up to 3 years in county jail and a maximum $10,000 fine.

If you are found to have exposed yourself within an inhabited dwelling, building or trailer coach without consent, you have committed “aggravated” indecent exposure. An aggravated indecent exposure charge is a “wobbler” meaning that it can be charged as a felony or misdemeanor, depending upon the circumstances surrounding your case and your criminal history. A misdemeanor conviction will subject you to up to a year in county jail and a maximum $1,000 fine. A felony conviction will subject you to up to 3 years in county jail and a maximum $10,000 fine.

If convicted for indecent exposure in California, the court will require you to register as a sex offender and you will be required to annually update your registration with local law enforcement as long as you work, live or attend school in California. Your status as a sex offender will be made public.

California Indecent Exposure Defense Attorney

Wallin & Klarich has been successfully defending clients accused of indecent exposure in California for over 30 years. Our decades of experience allow us to know all the intricacies of indecent exposure law, including all possible defenses.

Our law firm follows a strategic process that allows us to create the most effective defense strategy for your specific case. We start by obtaining a complete summary of all the relevant facts you are aware of surrounding the alleged indecent exposure event. We attempt to interview all witnesses that could potentially be favorable to your defense.

When you face indecent exposure charges under PC 314, you should hire the top quality representation of Wallin & Klarich to fight for your freedom.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.

Prosecution of child pornography possession under PC 311.11

PC 311 generally prohibits the knowing distribution, possession, production, publication, duplication, sale or printing or child pornography in any form. To convict you of possession of child pornography under PC 311.11 the prosecution must prove the following two elements:

• You knowingly possessed the alleged child pornography and
• The material involves a person under the age of 18 engaging in sexual conduct or simulating sexual conduct

Punishment if convicted for child pornography possession under PC 311.11

Most convictions for child pornography offenses under California law are felonies that have severe potential consequences.

Under PC 311.11, possession of child pornography is a felony punishable by imprisonment in county jail for 16 months, two or three years, and/or a maximum fine of $2,500.

In addition to the jail time you face if you are convicted of possession of child pornography, your reputation is also at risk since you must register as a sex offender. Under PC 290, a sex offender must register with local law enforcement agencies (police or sheriff) where he lives and works within 5 working days of coming into the city or county. This registration may damage your reputation as many employers check your background for sex offender registration status. Your neighbors may also become aware of your status.

Why you should retain Wallin & Klarich

Wallin & Klarich have been successfully defending our clients facing child pornography possession charges for over 30 years. Due to our decades of experience we have become well-acquainted with child pornography law and know all possible defenses. Our successful record includes many cases in which the charges against our client has been dismissed or substantially reduced.

From the moment you retain a Wallin & Klarich child pornography criminal defense attorney, we promptly review all of the discovery related to your case. We do extensive fact-gathering about the alleged child pornography possession. We obtain a complete statement from you telling us everything you know about the circumstances surrounding the child pornography accusation you face.

Our substantial fact-gathering allows us to tailor the most effective defense strategy to meet your situation and help keep you out of jail. We will keep you informed of all important developments related to your defense, so that you remain an active participant in your case.

If you face child pornography possession charges, don’t let another day go by without securing top quality representation from Wallin & Klarich.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing child pornography possession charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.

If I am convicted of PC 647b, what is the punishment?

The crime of solicitation can have severe consequences. Under PC 647(b), it is a misdemeanor offense. If convicted of solicitation, a person may serve a sentence in county jail for up to 6 months and/or a maximum fine of $1,000.

If the solicitation occurred in a vehicle that was within 1,000 feet of a private residence, the court may also choose to suspend your driver’s license for up to 6 months. See California Vehicle Code 13201.5.

If convicted of solicitation, the court has discretion to order you to register as a sex offender under PC 290.006. This registration has lasting effects that can damage your reputation, career and/or family life. For example, if you are married and must register as a sex offender for solicitation, your wife will likely find out about your solicitation.

Prosecution of solicitation under PC 647(b)

To convict you of solicitation the prosecution must show the following three elements:

• You requested that another person engage in the act of prostitution
• You intended to engage in an act of prostitution with the other person, and
• The other person received the communication containing the request

Why you should hire Wallin & Klarich

Wallin & Klarich Sex Crimes Criminal Defense Attorneys have been successfully defending our clients facing solicitation of prostitution charges for over 30 years. In many solicitation cases we have been able to have the charge against our clients dismissed or drastically reduced due to our extensive knowledge of the law.

Immediately upon retaining Wallin & Klarich, we will obtain all of the discovery in your case. We will obtain a complete statement from you of the relevant facts surrounding your case. We will also review the police reports regarding your arrest line by line. This thorough analysis will allow us to isolate which circumstances related to your arrest will potentially be favorable to your defense.

Once we have a thorough factual understanding of your case, we will aggressively create the most effective defense strategy for your specific case. We will use this powerful strategy with the goal of winning your case.

When you face solicitation charges and are trying to avoid harsh jail time, a hefty fine, and the damage to your reputation, you need to call a reputable and aggressive criminal defense firm to defend you.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing solicitation of prostitution charges. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.

Under the recently passed “Three Strikes Law,” prisoners currently serving 25 years to life for a non-violent and non-serious third felony conviction may seek court review of their sentences. In certain circumstances, these prisoners may obtain more favorable re-sentencing.

Obtaining a lawyer became much more important when the Court of Appeals decided the case of People vs. Superior Court (Kaulick) (2013) 2013 DJDAR 5571. The Court of Appeals held that a judge was incorrect in agreeing to reduce an inmate’s sentence under the “three strikes law” because the prosecution had not been notified of the facts of the case and no hearing had taken place. The Court of Appeals reversed the trial court’s order and the inmate must remain in custody until there is a full blown hearing.

If you want to be released or more favorably re-sentenced under the new “Three Strikes Law,” the Court of Appeals made four requirements regarding how a sentencing court is to evaluate if you pose a risk of danger to public safety:

1. The prosecution has a right to be notified of the re-sentencing hearing and must have the opportunity to be heard


2. Both you and the alleged victim have the right to be heard at the re-sentencing hearing


3. The re-sentencing should take place before the trial judge who originally sentenced you. You can waive this requirement. And


4. The prosecution has the burden to establish your dangerousness at the re-sentencing hearing.

We all know that in most cases the prosecution will do all they can to oppose any attempt to lower the prison sentence of those doing lengthy sentences. At Wallin & Klarich we do everything in our power to convince the prosecutor that he will not be able to establish that you pose a risk of danger to public safety.

When you are trying to cut years off of your prison sentence you will need a strong criminal defense law firm fighting for your release.

Wallin & Klarich has over 30 years of experience successfully representing criminal defendants. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.

1. The suspect must be in police custody
2. The suspect must be subject to an interrogation

There is a major issue when a suspect voluntarily shows up at the police station for questioning. Investigators and detectives are well-trained on extracting any and all incriminating information from you. Detectives are permitted to lie and deceive in order to extract a confession. No suspect should make statements to police without an experienced criminal defense attorney by their side.

Any questioning that happens where the suspect is free to leave could be considered voluntary and therefore admissible in court. A voluntary statement may be used in court, and the police are not necessarily required to give the Miranda Rights warnings. There are many times, that the most incriminating evidence to a crime is the defendant’s own statement made to the police.

Self-Incrimination – Protection under the 5th Amendment

The 5th Amendment protects people from “involuntary” incriminating statements to law enforcement, which can be used against them in a court of law. An “involuntary” confession is one where the suspect’s self-incrimination was the product of law enforcement techniques and methods offensive to “due process.” Involuntary statements are inherently untrustworthy, and the use of such statements “violates our fundamental sense of decency.” A court must consider the totality of the circumstances, focusing both on the nature of the accused and the techniques used by law enforcement

NOTE: Recently, the court of appeal in California decided that Miranda warnings are not required for a person on probation. If you are on probation, and police officers arrive at your house to conduct a probation search to determine if you’re in possession of drugs or weapons, the police may ask you incriminating questions without first advising you of your Miranda rights. Later, at the probation revocation hearing, any statements made by you will not be excluded for lack of sufficient Miranda warnings.

If you or a loved one is accused of a crime contact the California criminal defense attorneys at Wallin and Klarich. Wallin and Klarich has many years of experience successfully defending clients for over 30 years. We will work to aggressively help you and to ensure that your rights are protected. The attorneys at Wallin & Klarich can be reached by phone at (888) 280-6839. With offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks there is a Wallin & Klarich attorney available wherever you happen to live. We will be there when you call.

For some criminal convictions, a judge may decide to impose probation rather than a jail sentence. Probation comes with restrictions and conditions. If you fail to meet those conditions, the court may choose to revoke or modify your probation.

What are the main things a judge considers in granting probation?

The criminal justice system has three different goals. One goal is to punish offenders. Another is to deter future offenders. And finally, the criminal justice system hopes to rehabilitate offenders.

Probation is a tool for rehabilitation. Courts and judges see it as a way to send an offender back into the community, but also keep an eye on him or her. Under California Rules of Court rule 4.414, when deciding whether to grant probation, the judge will consider facts about you and your alleged crime.

Facts relating to the crime

When deciding whether to grant probation, the court will first look at the nature, seriousness, and circumstance of your alleged crime. The judge will compare your circumstances to similar instances of the same conduct. Then the judge will get more specific and consider things such as:

• Whether you were armed
• The vulnerability of the victim
• Whether the victim suffered injury
• The degree of any monetary loss to the victim

Facts relating to you

Then the judge will consider facts about you. Primarily, he will consider your prior criminal record. The judge will look at your prior criminal convictions. Then the judge will look at:
• Your prior performance while on probation or parole
• Your willingness and ability to complete the terms of your probation
• If you are remorseful
• And the likelihood that you can live successfully in the general community

If you are facing a felony charge, probation is one of several options that can keep you out of jail. However, you need an experienced felony lawyer on your side, who can argue the facts of your case. The attorneys at Wallin & Klarich have over 30 years of experience helping people facing a felony charge receive probation. With offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks there is a Wallin & Klarich attorney available wherever you happen to live. Call us today at (888) 280-6839. We will be there when you call.

If the second DUI happened within 10 years of a separate DUI or reckless driving charge that resulted in a conviction, you face imprisonment in county jail for up to one year and a fine ranging between $390 and $1000. See VC 23540.

Also, if you are convicted under VC 23152, the DMV will suspend your license for two years. See VC Section 13352(a)(3).

You will be put on probation (CVC 23600) for 3 to 5 years, requiring, among other things, that you do not drive a motor vehicle with ANY measureable amount of alcohol in your blood.

The court will also require you to complete either an 18 month or 30 month driving-under-the-influence program.

If you are on a path to become a lawyer, a second DUI will put your admission at risk, since the conviction would put your moral character into question.

The Prosecutor’s burden in a DUI case

To prove that the you were driving under the influence of a drug or alcohol, the prosecution must prove that

1. You drove a vehicle; AND


2. As a result of drinking an alcoholic beverage or taking a drug, your mental or physical abilities were such that you no longer were able to drive a vehicle with the caution of a sober person, using ordinary care.

An aggressive Wallin & Klarich attorney can help to lessen, or entirely avoid, the severe consequences that could result from a second DUI charge. Wallin & Klarich attorneys are well-versed in DUI defense strategies. After a close examination of the case, your Orange County DUI attorney can oftentimes raise viable defenses or persuade the prosecutor to lessen your punishment. For example, if the prosecution cannot prove that you were driving, the charges will likely be dismissed or you will be found not guilty at trial. If you or a loved one is facing a second DUI charge, call an experienced Orange County DUI attorney at (888) 280-6839 for a phone consultation. With offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks there is a Wallin & Klarich attorney available wherever you happen to live. We will be there when you call.

“Sexting” is a term that refers to the sending of lewd or sexually explicit text messages to another person. “Sexts” that include sexually explicit images of a minor are a form of child pornography. In order for you to be convicted of possession of child pornography, the prosecution must prove that you knowingly possessed any material that involved a person under the age of 18 engaging in sexual conduct or simulating sexual conduct.

In California, there is no age exception for possession of child pornography. This means that you can be charged with possession of child pornography if either you or the other person is a minor, so long as you possessed the pornographic material and you knew that the material involved a minor under the age of 18.

Sentence and Punishment for Possession of Child Pornography

According to California Penal Code section 311.11, possession of child pornography is a felony. If you are convicted of possession of child pornography under California Penal Code section 311, you face imprisonment in state prison for up to three years or county jail for up to one year. You may also be required to pay a fine of up to $2,500. If this is your second offense, you can be required to serve up to six years in state prison.

In addition, you will also be required to register as a sex offender for the rest of your life if you are convicted of possession of child pornography under California Penal Code section 311. If you are required to register as a sex offender, information about your name, address, and the crime you were convicted of will be made available to the public. In addition, you will be restricted from living near a park or school; and you may have trouble obtaining employment, as information about your criminal history will be available to potential employers.

In the past, there have been legislative bills proposed to reduce the harsh sentencing for minors who are found to be in possession of sexually explicit material. However, the most recent bill failed to pass the California legislature in 2012.

If you are facing charges for possession of child pornography, it is vital that you speak with an attorney to discuss your case and the possible defenses that may be available to you.

Wallin & Klarich Can Help

A conviction of possession of child pornography can have a devastating effect that lasts throughout your life. The attorneys at Wallin & Klarich understand the severe consequences that can result from charges for possession of child pornography and will discuss what options are available to you in your case. With over 30 years of experience, the child pornography criminal defense attorneys at Wallin & Klarich have the knowledge and know-how to help you present the best possible defense in your case.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call Wallin & Klarich today at (888) 280-6839.We will get through this together.

Prosecution for Stalking PC 649

Under Penal Code section 649, to convict you of stalking, the prosecutor must show you engaged in one of the following acts:

• You willfully, maliciously, and “repeatedly followed” someone; OR

• You willfully and maliciously “harassed” someone

After showing that you engaged in one of these acts, the prosecutor must then prove that you made a “credible threat” with the intent to place someone in reasonable fear for his or her safety or that of an “immediate family” member.

The attorneys at Wallin & Klarich have successfully defended people accused of stalking for over 30 years. One of our most common strategies is the most intuitive. We argue that the prosecutor cannot prove all of the elements of stalking by showing that, in fact, you did not “willfully and maliciously” harass or repeatedly follow the victim. Or, even if you did, you did not make a threat to the victim.

What Does Willfully and Maliciously Mean?

Willfully and maliciously refer to the general concept of “malice” in criminal law. To be frank, courts do not fully understand what this means. Penal Code section 7 explains, “The words ‘malice’ and ‘maliciously’ import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act.…” Actual hatred or intent to injure is rarely required for malice. In most circumstances, the phrase “willfully and maliciously” means that you intended to do a wrongful act.

What Does “Harass” Mean?

Under Penal Code 646.9(e), harass means that you knowingly engaged in a “course of conduct” that had no legitimate purpose. The prosecutor must show that you targeted a specific person with your actions and that your actions “seriously alarms, annoys, torments, or terrorizes” that person. “Course of conduct” means that you harassed the victim at least twice. Penal Code 646.9(f).

Punishment for Stalking

The punishment for stalking depends on your record.

• If this is your first offense, stalking is a “wobbler”—meaning it can be punished as a felony or misdemeanor. A felony conviction can carry a sentence of up to 3 years in state prison. A misdemeanor conviction can mean up to one year in county jail and a $1000 fine, or both. PC 646.9(a)

• If the person you allegedly stalked has a court order demanding that you stay away, you face a felony charge and a state prison sentence of 2, 3, or 4 years.

• If you are convicted of a subsequent stalking charge, you face a felony with a mandatory sentence of 2, 3, or 5 years. PC 646.9(c)(2).

• If you already have a felony conviction for certain types of domestic violence, you can be charged with a wobbler as well. The misdemeanor conviction carries up to one year in county jail or a $1000 fine, or both. The felony conviction carries a state prison sentence of 2, 3, or 5 years. Penal Code 646.9(c)(1).

Registration as Sex Offender

On top of these penalties, if you are convicted of felony stalking and the court finds that you committed the stalking as a result of sexual compulsion or for the purposes of sexual gratification, the court may order you to register as a sex offender under Penal Code section 290.006.

California Stalking Defense Attorney

If you have been accused of stalking, you need to contact a Calilfornia stalking defense attorney from Wallin & Klarich today. At Wallin & Klarich, we have been successfully defending clients accused of stalking for over 30 years. Our attorneys are available to help you answer any question that you may have relating to your stalking charge. We have the skill and experience to help you fight for your freedom. Our offices are conveniently located in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville, Torrance, Sherman Oaks, and West Covina. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

DUI Prosecution in California

California Vehicle Code section 23152 and related sections criminalize driving under the influence of drugs or alcohol. A DUI charge prosecuted under section 23152 is a misdemeanor in California. However, if you injure someone as a result of your DUI, the DUI becomes a felony under Vehicle Code section 23153.

Sub-section A and B are the most commonly prosecuted types of misdemeanor DUI. Section 23152(a) makes it illegal to operate a motor vehicle while “under the influence” of alcohol or a drug. 23152(b) makes it illegal to operate a motor vehicle with a Blood Alcohol Content level of 0.08% or higher.

For 23152(a) the prosecutor must prove:

1. You drove a vehicle; AND

2. You drove while under the influence of a drug or alcohol.

The second element in 23152(a) will require the prosecutor to show that you were under the influence of alcohol or a drug. So, the prosecutor needs to present evidence that you were intoxicated. This evidence usually comes from testimony from a person who saw you drinking, the arresting officer, and even other drivers who witnessed your driving.

For 23152(b), the prosecutor must prove that:

1. You drove a vehicle;AND

2. You did so while having a Blood Alcohol Content level of 0.08% or higher.

The second element of 23152(b) is actually much easier for the prosecutor to prove than the second element of 23152(a). In California, the chemical test determining Blood Alcohol Content creates a rebuttable presumption that you were under the influence. This means that you are presumed to be under the influence of alcohol if your Blood Alcohol Content is over 0.08% unless you can prove that you in fact were not under the influence.

Second DUI Violation within 10 years-- VC 23540

If this is your second DUI conviction within 10 years, the only addition to the prosecutor’s burden of proof is that they must show the prior conviction. This is as easy as pulling up your record. The real effect of a second DUI is in the punishment.

Under California Vehicle Code section 23540, a second conviction is punished by:

• Imprisonment in county jail for up to one year;

• A fine of up to $1,000; and

• Your driver’s license will be suspended by the DMV for 2 years (Vehicle Code section 13352(a)(3)). Completion of a driving re-education course is required to get your driver’s license back (Vehicle code section 13352(a)(3) and section 23542).

The court will also likely impose other fines and penalties for your second DUI conviction within 10 years.

Moreover, if you cause injury to another person while driving under the influence, you may be convicted of violating California Vehicle Code section 23153, which is punishable by:

• Imprisonment in county jail for up to one year;

• A fine of up to $5000; and

• Your driver’s license will be suspended by the DMV for DMV for 3 years. (Vehicle Code section 13352(a)(4)). Completion of a driving re-education course is required to get your driver’s license back.

What can Wallin & Klarich do to help me?

Many people facing second DUI charges often think the evidence against them is overwhelmingly in the prosecutor’s favor. That is not always the case. There are many ways to attack a DUI charge. The experienced DUI defense attorneys at Wallin & Klarich are dedicated to getting you the best possible result for your case. Over the past 30 years, we have found several successful strategies.

Our first step in your DUI defense is always learning all of the circumstances of your case. There are many ways to attack the accuracy of the Blood Alcohol Content test—whether you took a breathalyzer or a blood test. For example, if the breathalyzer that the police officer used was not properly calibrated, then we may be able to dispute the accuracy of the breathalyzer test.

Along with trying to disprove the case against you, we will always try to find ways to mitigate your punishment. Under Vehicle Code sections 23542 and 23600, the court may place you on probation instead of a jail or prison sentence. We know that staying out of jail is important to you and we will fight for your freedom.

In addition, following your DUI arrest, the DMV may suspend your driver’s license. You only have 10 days after your arrest to request a DMV hearing to protest the suspension. If you miss this window to request a hearing, you waive your right to the DMV hearing and your driver’s license will be suspended. If you contact a Wallin & Klarich attorney today, we may be able to take the steps to prevent the DMV from suspending your driver’s license.

If you face a second DUI charge in Orange County, you need to contact the experienced DUI defense attorneys at Wallin & Klarich right away. We have over 30 years of experience successfully defending clients against DUI charges. Our offices are conveniently located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Victorville, Ventura, West Covina, Torrance, and Sherman Oaks.

Call us today at (888) 280-6839. We will be there when you call.

Am I eligible for probation?

Formal probation is a privilege and not a right. We can investigate all facts and circumstances about your case to argue that you are a strong candidate for probation. Having the right attorney representing you makes a considerable difference in helping you avoid a prison sentence. The Wallin & Klarich criminal defense attorneys have over 30 years of experience successfully helping our clients obtain formal probation instead of a prison sentence. We can help guide you through the legal process and answer any questions you may have.

The court will look at several criteria when determining whether to grant you probation, including the facts relating to the crime and the facts relating to you. (California Rules of Court rule 4.414). Facts relating to the crime include:

• The nature of the crime;

• If the victim was vulnerable;

• Whether you inflicted personal or emotional injury on the victim;

• Whether you were an active or passive participant in the crime; and

• Whether you took advantage of a position of trust or confidence to commit the crime.

Facts relating to you include:

• Your prior criminal record;

• Your prior performance on probation or parole;

• Any negative consequences a felony conviction will have on your life;

• Whether you were remorseful for your actions; and

• Whether you will be a danger to others if you are not imprisoned.

In certain serious felonies, probation will not be available to you and the court must sentence you to a prison term. However, in the vast majority of cases, you will be eligible for probation and the court has the discretion to either grant probation or sentence you to a prison term. For more information about whether you are eligible for probation, contact a Wallin & Klarich attorney today.

What is formal probation?

Formal probation is supervised probation by the county probation department in the county where the crime occurred as defined in California Penal Code Section 1203. If you are on formal probation, you are required to provide your current residence, employer information, and contact information to the county probation department and your assigned probation officer. You are also required to update this information with the probation department and your probation officer if there are any changes.

Additionally, formal probation requires you to comply with the terms of your probation, including, but not limited to:

• Stay away from the victim;

• Attend and complete certain rehabilitative classes;

• Do not commit any criminal offenses or violate any probation terms and conditions;

• Pay restitution, court, and probation fees;

• Do not possess any contraband or weapons;

• Do not leave the state without permission from your probation officer;

• Report to your probation officer when requested; and

• Submit to a search or seizure upon the request of a police or probation officer.

Probation Violation Hearings

You are entitled to a hearing if you are charged with violating probation. At your Probation Violation Hearing, you have the right to be represented by an attorney. However, you are not entitled to a jury trial and the judge determines whether you are guilty of violating the terms of your probation.

In the event that the judge finds that you violated your probation, the judge may revoke your probation and sentence you to the maximum sentence for the underlying crime for which you were convicted. The judge can also modify your probation by imposing additional terms to your probation or reinstate your probation on the same terms and conditions of your original probation.

Call Wallin & Klarich today

If you have been convicted of a felony, you need to contact a Wallin & Klarich criminal defense attorney immediately to learn how we can help you stay out of prison. At Wallin & Klarich, our attorneys have been helping clients successfully obtain formal probation to avoid lengthy prison sentences for over 30 years. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Victorville, Ventura, West Covina, Torrance, and Sherman Oaks.

Call Wallin & Klarich at (888) 280-6839 today. We will fight for your freedom.

California’s “Zero Tolerance” Law (California Vehicle Code 23136)

Under California Vehicle Code section 23136, it is unlawful for you to drive a vehicle if you are under the age of 21 and have a blood alcohol content of 0.01% or greater. This is commonly called California’s “Zero Tolerance” law because it does not require that you be under the influence of alcohol, just that you have some measurable amount of alcohol in your system.

California Vehicle Code section 23136 explains that the law considers you to have already consented to an alcohol screening test or blood alcohol content test if you are under the age of 21 and operating a vehicle after consuming alcohol.

If you are convicted of a DUI under California Vehicle Code section 23136, you face an infraction and the Department of Motor Vehicles (DMV) will suspend your driver’s license for up to one year.

Under 21 DUI with a BAC of 0.05% - 0.07% (California Vehicle Code 23140)

California Vehicle Code section 23140 states that it is unlawful for you to operate a vehicle if you are under the age of 21 and your blood alcohol content is between 0.05% and 0.07%.If you are found guilty under California Vehicle Code section 23140, you face a sentence of up to six months in county jail and a fine of $100. If you are found guilty of a second violation under California Vehicle Code section 23140 within one year, you could face a sentence of up to one year in county jail and the fine increases to $200. The fine increases to $300 for a third offense within one year and you could face up to one year in county jail.

If you are found to have violated California Vehicle Code section 23140, you will also be in violation of California Vehicle Code section 23136, or California’s “Zero Tolerance” law. As a result, your driver’s license will be suspended for one year in addition to the penalties you face under California Vehicle section 23140. The court may also require that you attend an alcohol program before your driving privileges are reinstated.

Traditional DUI (California Vehicle Code 23152)

If you are a minor, you may still be charged under California’s traditional DUI law, California Vehicle Code section 23152, if your blood alcohol content was 0.08% or higher while you were operating the vehicle. A conviction for violating California Vehicle Code section 23152 carries significant consequences. Punishment for a first-time DUI offense in California can require that you serve up to six months in county jail and pay a fine up to $1,000. In addition, court costs and other fees can bring your total cost for a DUI conviction to nearly $16,000. In the alternative, the court may decide to give you probation instead of a jail sentence, which could last for three to five years.

If you have violated California Vehicle Code section 23152, you can still be found to be in violation of California Vehicle Code section 23136 and 23140, and will be subject to the consequences associated with those offenses.

Call Wallin & Klarich

If you are juvenile facing DUI charges, Wallin & Klarich is here to help. The DUI attorneys at Wallin & Klarich have over 30 years of experience helping clients avoid the devastating consequences of a DUI conviction and are knowledgeable about juvenile cases. Criminal charges as a juvenile can have a negative effect on your future and affect your life for years to come. Do not hesitate to contact an experienced DUI defense attorney at Wallin & Klarich to help you with your case.

Call Wallin & Klarich today at (888) 280-6839. We have offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. We will get through this together.

Finally, you find out you passed the bar exam. You celebrate. You get drunk. You throw a party. You are so happy.

BUT HOLD ON. Maybe you should put down the champagne and wait until you actually land a job as a lawyer.

The reality is that more than half of new law school graduates are unemployed

The Los Angeles Daily Journal reported on April 2, 2013 that less than half of all law students who graduated from California law schools from the class of 2012 had full-time jobs as lawyers by the end of 2012. That means that more than 50% of all of the law school graduates who had gone through three and a half years of “hell” are still looking for a job. Many will find jobs in fields unrelated to law. That may not be such a bad thing. Maybe some of these new lawyers will end up being CEO’s of some great startup company.

It is a common misconception that going to law school and becoming a lawyer will easily lead to a job with a six figure salary and upper-middle class lifestyle right after law school. However, that is not the case. Although some law students are able to find jobs that pay high salaries right out of law school, these jobs are few and far between. Only a select number of top students attending top law schools will be able to land these high-paying jobs. The reality for most law school graduates is that they will have to fight among a large pool of qualified candidates for the few remaining legal jobs that do not guarantee a high salary.

Massive amounts of student loans

In addition to the bleak job market, many graduates must worry about a large amount of debt that they took out to finance their legal education. The average debt that a law student takes out to finance their law school expenses is over $90,000. In fact, it is common for many law school graduates to take out over $200,000 in student loans.

Most students do not think about repaying their student loans before they decide to go to law school. With this massive amount of debt and a job market where even the best candidates are having difficulty finding a full-time job as a lawyer, students should think twice before they decide to go to law school.

The bottom line is that you should not fool yourself into believing that becoming a lawyer guarantees you much of anything, other than the ability to put up a diploma…even if the diploma goes up in your apartment.