Southern California Defense Blog

An Experienced Criminal Defense Attorney is the Only Place to Turn to Avoid a Lengthy Prison Stay

Unfortunately for many people, criminal charges tend to follow after a night of drinking. Such was the case for a 24 year old man arrested on August 3, 2009. After a long night of drinking, the defendant was arrested for public intoxication; a misdemeanor charge that in California, under California Penal Code Section 647, could result in 6 months in jail, as well as fines. The arresting officer claimed that the he observed the man stumbling in the street around 3:00am. Sadly, the man’s troubles did not end there.

According to police, the man was placed in the back of the police vehicle while he was transported to the county jail. Once the police vehicle reached the jail, the man pulled his legs between his hand-cuffed wrists to get his arms in front of him. The man then broke the police vehicle’s window and climbed through. Police quickly stopped the man before he got too far. He was then charged with felony for trying to escape police custody. The new felony charge for attempting to escape carries a 20 year maximum sentence.

Continue reading "From Misdemeanor Drunk in Public to Felony Escape of Police Custody" »

Comments from a Wallin & Klarich Criminal Defense Attorney

There are several grounds that give law enforcement authority to arrest for a misdemeanor offense. Both statute and common law give authority to arrest for a misdemeanor committed in the officer's presence.

Some of the ground for misdemeanor arrests include:

• crime committed in officer's presence


• crime committed within the officer's jurisdiction


• fresh pursuit of a misdemeanor suspect

Continue reading "Several Grounds Give Law Enforcement Authority to Make a Misdemeanor Arrest" »

When a person is charged with a crime, the first formal legal process is the arraignment. The arraignment is a hearing before a judge where several important things occur. If a person is in custody, the arraignment must occur within two to three days. Otherwise, arraignment is usually set for a date several weeks in the future.

There are several purposes of an arraignment. First, the defendant is formally read the charges he or she is facing. Next, the defendant is informed of his or her rights. For misdemeanor and felony crimes in California, these include a right to a jury trial, a right to present evidence, a right to confront adverse witnesses, and, if any jail time is a possibility, a right to an attorney. To be appointed a Public Defender, a defendant must meet certain income criteria. Depending on your income level and assets, the court may or may not decide that you qualify for the services of the Public Defender. If the court determines you do not qualify, generally you will be allowed to continue the arraignment in order to obtain a private attorney.

In a misdemeanor case, even if you do qualify for a Public Defender, it is often wise to obtain the services of a private attorney, because they may appear at the arraignment (and several other proceedings) without your presence. A great benefit of retaining private counsel is the simple fact that you do not have to miss work and spend all morning in a courtroom waiting to be called. This is true in some proceedings in felony cases as well, although courts vary in their requirements for the presence of the defendant.

Continue reading "Stages of the Criminal Process: Arraignment" »

An Experienced Criminal Defense Attorney May Be Able to Obtain a Reduction of Your Felony Conviction to a Misdemeanor

A court may hear a petition to reduce certain felony offenses in California to a misdemeanor at any time following the suspension of judgment and granting of probation. In J.M. Meyer v. Superior Court (1966) 247 Cal. App.2d 133, 140, the court noted: “the word ‘thereafter’ in Penal Code Section 17 is not followed by a time limit, nor is it by express terms restricted to the probationary period.

Moreover, in conferring upon the court the power to declare an offense to be a misdemeanor after it has suspended imposition of judgment or sentence, the Legislature evidently intended to enable the court to reward a convicted defendant who demonstrates by his conduct that he is rehabilitated.

A court may also reduce a felony to a misdemeanor at any time following dismissal and expungement of the underlying felony. Meyer v. Superior Court (1966) 247 CA2d 133, 55 CR 350.

It is a wise decision to retain the services of an experienced criminal defense law firm if you are seeking a reduction of a felony criminal conviction offense to a misdemeanor under Penal Code 17(b). Wallin & Klarich criminal defense attorneys in California have over 30 years experience helping their clients. You can speak to one of our attorneys by calling now at 1-888-280-6839, or visit us on the web at www.wklaw.com for more information about setting up an appointment.

Which Prior Convictions Will Disqualify Me For Drug Diversion Under Proposition 36 or Penal Code 1000?

Prior convictions for California drug offenses, even drug sales, will not necessarily disqualify a defendant under Proposition 36. The only prior conviction that excludes a defendant under Prop 36 is one for a serious or violent felony listed in Penal Code 667.5(c) or Penal Code1192.7. However, even this exclusion can be avoided if the defendant has remained free of all drug possession offenses for 5 years or more.

Defendants who are charged with other non-drug offenses are not eligible for drug diversion under Penal Code 1000. Conversely, under Proposition 36, eligibility turns on the offenses of which the defendant is convicted, regardless of what the defendant is charged with.

Continue reading "How To Keep Your Criminal Record Clean By Entering Drug Treatment" »

How Can I Get My Misdemeanor Charges Dismissed? Why an Experienced Law Firm Can Help Keep Your Record Clean.

When you are charged with a misdemeanor offense in California, it is important to get the best legal advice so that every alternative is explored in getting your case resolved. It is extremely important to hire an experienced law firm that can explore all possible remedies and options to get your charges reduced or dropped completely.

One of those options in a misdemeanor case is to obtain a civil compromise under California Penal Code sections 1377 and 1388. Under those California Penal Code sections, if the injured person, or victim, comes before the court and acknowledges that he has received satisfaction for the injury, the court can discharge the defendant and order that all proceedings be stayed or halted. This means that your case could be dropped and the misdemeanor case would not appear on your record.

Continue reading "Misdemeanor Charge Dismissal and ClearingYour Criminal Record" »

Why i should have the assistance of a California criminal defense lawyer before i make the decision to bail out my loved one

What Is Bail, and How Is It Set?

The amount of bail is a sum of money that an accused must deposit with the court to ensure that you will appear. When someone is arrested the bail is initially set at the “bail schedule”. Each county has a bail schedule that is set by the Board of Supervisors of each county. However, in most counties if you retain the services of a criminal defense law firm they may be able to have your bail lowered by filing for a bail review hearing at the earliest opportunity. In Orange County, for example, there is a detention release officer system. What this means is that if you are arrested for a “new alleged crime” in Orange County, you can retain a lawyer and the lawyer can contact the detention release officer, who works for the county and ask that they review the clients bail and hopefully reduce the bail or release the accused without bail pending his/her appearance in court. In many cases our clients have saved thousands of dollars in bail bond fees by having the good sense of calling our Orange County criminal defense law firm prior to making the decision to bail a loved one out of jail.

Continue reading "California Criminal Defense Attorney Weighs in on Posting Bail" »

Orange County jail inmate sues for brutality by Orange County jail guards.

An inmate at the Orange County jail has filed a lawsuit alleging that he was kicked, punched and otherwise assaulted by police officers from the Orange County Sheriff's department while he was in custody. He also alleges that thousands of inmates in custody at the Orange County jail are denied basis privileges that the law allows. (Santa Ana). These types of things just should not happen to people who are in custody but they often do.

When a loved one is arrested it is critical that you realize that their safety is often at risk if they remain in custody. We regularly are contacted by persons who tell us that when they were in custody they were beaten or otherwise assaulted while in jail.

We often urge our client’s families that they should consider retaining our legal services so we can attempt to go to court and have our clients bail reduced so they can be released from custody. In some cases we are able to have our clients released on “their own recognizance” which means without having to post bail.

When a person finds himself accused of a crime they are facing the possibility of spending time in county jail or state prison. However, they should not be subject to beatings and violations of their civil rights. The longer an inmate is in custody the more likely it is that they can suffer injury at the hands of another. It is always a good idea to confer with a highly qualified Orange County criminal defense attorney to learn about all of your loved ones legal rights. Contact Wallin and Klarich 24hours a day, 7 days a week for assistance. Feel free to visit our website www.wklaw.com and give us a call at 888-749-0034. We will be there when you call.

Afraid of going to jail in San Diego? These are alternatives. Many misdemeanor cases are settled for community service. Picking up papers and raking leaves in a Probation Department program may be a choice.

Did you know that “jail” doesn’t always mean bars and an orange jumpsuit? Competent, San Diego lawyers know about work furlough. It counts as jail, but you go to work and return. They have an electronic surveillance program! You can go to work and other necessary places but get credit like you were in jail.

Knowing about alternatives to jail is just on e reason to contact the competent, aggressive attorneys at Wallin & Klarich. Give us a call at 888.280.6839.

Do the police listen to calls coming from the jail? Absolutely! The San Diego Sheriff tapes every call made from the jail. Here’s how it works.

Inmates can call out collect. To make the call, they are supposed to use their booking number. The calls are all saved in the computer. The people on the sheriff system can simply enter the booking number and up pops all calls made using that booking number. They can also identify who is called. That’s bad enough. It gets worse. The San Diego County District Attorney’s Office is booked into the sheriff system. The District Attorney can sit in their office and access jail calls. That includes calls between an inmate and his san diego criminal defense attorney. They deny listening to attorney calls. But, isn’t it just so tempting?

BE CAREFUL. Don’t talk about the case, the witnesses, or the evidence. There is no such thing as a confidential call where one person is in the San Diego County Jail.

Sometimes an inmate needs to call his California criminal defense attorney. That’s where experience comes in. Experienced criminal attorneys know how to talk on the phone and avoid the pitfalls of taped calls. Don’t take a chance with amateurs. Call the experienced criminal attorney’s at Wallin & Klarich. Call us at 888-749-0034 and visit us at www.wklaw.com.

Afraid of going to jail in San Diego? These are alternatives. Many misdemeanor cases are settled for community service. Picking up papers and raking leaves in a Probation Department program may be a choice.

Did you know that “jail” doesn’t always mean bars and an orange jumpsuit? Competent, San Diego lawyers know about work furlough. It counts as jail, but you go to work and return. They have an electronic surveillance program! You can go to work and other necessary places but get credit like you were in jail.

Knowing about alternatives to jail is just on e reason to contact the competent, aggressive attorneys at Wallin & Klarich. Give us a call at 888.280.6839.