Southern California Defense Blog

Murder cases are not easy to prove. In fact, prosecutors and the police do everything in their power to convince an accused person who is facing murder charges to make statements against their interest. Most persons accused of murder are wise and follow Wallin & Klarich’ s advise to “shut up, shut up, shut up” when the police want to speak to you.

In many high profile cases, the media are crawling around our office begging to get a statement from our client. That will never happen when we represent a client for a criminal case because we protect our client’s constitutional right to refuse to answer questions or testify against their interest. While the media’s job is to sell newspapers and obtain high ratings for their TV news programs, it is a Criminal Defense Attorney’s job to protect their client’s rights.

Jodi Arias’ Big Mistake

Jodi Arias may or may not have committed a cold blooded murder. Only Arias and God know the answer to that question. However, what we do know is that Jodi Arias made it very easy for the judge and jury to find her guilty when she decided to give a television interview (where she told one version of events). Then, she decided to give a different version of events to the police. Both of these “statements” were played by the prosecution during her trial for the jury to see.

Is it any wonder that when the jurors had a chance to ask her questions they asked her?
Why should we believe anything you say–you have given so many stories?

That certainly is a good question for the jurors to ask. Without any “good answer,” it appears Ms. Arias is on her way to death row in Arizona.

Anything is possible with our criminal justice system, but when you speak to the police or the media, you are very often writing your ticket to prison.

Orange County Murder Defense Attorney

The experienced Orange County Murder Defense Attorneys at Wallin & Klarich can help you avoid the dire consequences of speaking to the media and police without an attorney. We know that police officers and news journalists often try to bully you and force you to make a statement about your case. At Wallin & Klarich, we can counsel you through this difficult time and help you avoid making the same mistake as Ms. Arias.

If you or a loved one has been charged with murder in Orange County, you need an experienced Murder Defense Attorney to represent you. The Murder Defense Attorneys at Wallin & Klarich have over 30 years of experience successfully defending murder cases. We have the knowledge and experience to help assist you in your murder case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us now at (888) 280-6839. We will be there when you call.

The consequences for any violent crime are severe, but the penalties for murder can be life ending. These cases can vary greatly in consequences, facts, and defenses. Because of their complexity, you need an experienced team to defend you. For over 30 years, the Los Angeles Murder Defense Attorneys from Wallin & Klarich have defended people just like you. We helped them and we can help you too.

What Is Murder?

Under California Penal Code section 187, the crime “murder” refers to the killing of another person with “malice aforethought.” Malice aforethought generally exists where you:

• Intended to kill
• Intended to cause serious bodily injury; or
• Engaged in an activity likely to result in either death or serious bodily injury.

Penal Code section 189 divides murder into two degrees. First-degree is a premeditated and deliberate killing. It can also be a killing accomplished through such as:

• lying in wait
• torture
• explosives
• armor-piercing ammo; and
• where a person dies in the commission of a serious felony

All other murder (that is a killing with malice aforethought) is second-degree murder.

Under Penal Code section 190.1 through 190.5, first-degree murder carries the harshest punishment in California. It is punishable by death, life imprisonment without possibility of parole, or 25 year-to-life in prison. Under section 190(a), second-degree murder convictions can mean a 15 year-to-life prison sentence.

If you have been charged with first or second-degree murder, you need to call an experienced Los Angeles Murder Defense Attorney. Your freedom is on the line and you need the best defending you. When you call, we will use our 30 years of experience to plan the best defense strategy for your case.

How Can I Defend Myself?

In the past, we have used several different defenses to defend people facing these charges. Below we describe just a few.

One of the most common defenses is self-defense or defense of others. If you reasonably believe that you or another person is in imminent danger of death, serious injury, or rape, maiming, or robbery, you may use deadly force to defend yourself.

In some cases, what had occurred was not “murder” at all because the accused did not intend to kill anyone. Where someone dies by accident, murder is usually not the proper charge.

Finally, we should talk about the infamous insanity defense. In California, in order to be “not guilty by reason of insanity,” you must prove that:

• You did not understand the nature of your act; OR
• That you cannot distinguish between right and wrong

If you are found not guilty by reason of insanity you will be placed in a mental hospital for evaluation and treatment. You will be returned to court for possible release when it is determined you no longer pose a threat to the community.

If the facts fit, we can argue to reduce murder charges to the related crime of voluntary manslaughter. Under Penal Code section 192(a), voluntary manslaughter is a killing without malice aforethought, but still done intentionally. Essentially, you were in control of your actions, but what you did is not as blameworthy as first or second-degree murder. Under section 193, conviction carries a sentence of 3 to 11 years in prison.

If you face murder charges, you should make sure to retain an experienced Los Angeles Murder Defense Attorney. Over the past 30 years, the Los Angeles Murder Defense Attorneys at Wallin & Klarich have defended many people facing these charges. We helped them and we can help you too. Give our office a call at (888) 280-6839. We will get through this together.

Facing a murder charge is possibly the hardest thing a person could ever do. The legal process combined with the stress, the worry, and the hopelessness can leave you feeling completely overwhelmed. If you are facing murder accusations, you need a team of experienced lawyers to defend you. With over 30 years of experience in the field, the Orange County Murder Defense Attorneys at Wallin & Klarich have the legal experience you need. Together we can get through this.

What is Murder?

Under California Penal Code section 187, “murder” is the killing of another person with malice aforethought. Malice aforethought means that you intended to: kill, seriously harm another, or engage in activities likely to result in either.

Under Penal Code section 189, murder is divided into two degrees. First-degree murder is a killing that is premeditated and deliberate. It can also be a killing accomplished through activities such as; lying in wait, torture, explosives, armor-piercing ammo, or when a death occurs during the commission of a serious felony. All other murder is second-degree murder.

Under Penal Code section 190.1 through 190.5, a conviction for first-degree murder is punishable by death, life imprisonment without possibility of parole, or 25-to-life in prison. Under section 190(a), a conviction for second-degree murder carries a 15-to-life prison sentence.

Types of defenses

However all is not lost. If you face murder charges, the Orange County Murder Defense Attorneys at Wallin & Klarich can help you. With over 30 years of experience in criminal law, our attorneys can take some of the weight off your shoulders.

Your particular defense depends on the facts of your case. We will work with you to plan the best possible defense strategy. These strategies could result in an acquittal, dismissal or a reduction in the charges.

Self-defense is a complete defense to the charges so long as your reaction is proportional to the danger you face. For murder charges, this means if you reasonably believe that you or another person is in imminent danger of being killed, being seriously injured, or being raped, maimed, or robbed, you may use deadly force to defend yourself.

Where someone dies by accident, it is not murder. If someone died and you did not intend to harm them, you were not behaving negligently, and you were behaving lawfully, then we may be able to have the charges dismissed.

In some cases, we can attempt to have the murder charges reduced to the related crime of voluntary manslaughter. Under Penal Code section 192(a), voluntary manslaughter is where you did not intend to kill someone, but you acted out of extreme emotion. It is also commonly charged in cases of imperfect self-defense—where you believed you were in imminent danger, but your belief was unreasonable. A voluntary manslaughter conviction carries a sentence of 3 to 11 years in prison under Penal Code section 193.

Retaining an experienced Orange County Murder Defense Attorney is your best chance at beating these charges. With over 30 years of criminal practice in Orange County, the Orange County Murder Defense Attorneys at Wallin & Klarich have the knowledge, skill, and experience to defend you. We have helped many people facing these charges and we can help you too. Give our office a call at (888) 280-6839. We will be there when you call.

Because of the holding in People v Watson, you may be charged with second-degree murder under California Penal Code section 187.

You may be charged under the Watson murder rule if another person dies as a result of you driving under the influence of drugs or alcohol.

What the prosecution needs to convict you of a Watson Murder

To convict you under the Watson murder rule, the prosecution will have to prove:
• you committed an act that caused the death of another,
• you knew that driving while intoxicated was dangerous to human life, AND
• you killed without lawful justification

If you have a prior DUI conviction, the prosecutor will use this to prove that you knew driving while intoxicated was dangerous to other people.

The way that the prosecutor uses your prior conviction to prove you knew it was dangerous to human life to drive while intoxicated is because when you plead guilty to a DUI in California you must initial and sign a box that states that you are aware of the dangers of drinking and driving. This is very powerful evidence in the hands of the prosecutor in a Watson Murder case

DUI Second Degree Murder Defense

You need an experienced criminal defense attorney to fight for you if you are facing Watson murder charges. The attorneys at Wallin & Klarich have obtained positive outcomes for clients charged with Watson murder for over thirty years.

If you have been charged with violating the Watson murder rule, it is essential to your defense that you contact an attorney early on in your case. Depending on the facts of your case, your defense attorney from Wallin & Klarich might be able to lessen your charge or your sentence.

Being charged with Watson murder can be traumatic and frightening. You will have a lot of questions and you want someone who can answer them. At Wallin & Klarich, we provide prompt responses to all of your questions.

If you or a loved one needs a California DUI murder defense attorney, call Wallin & Klarich at 1-888-280-6839 to speak with one of our skilled attorneys today. We will be there when you call.

Does a 10 year boy who kills his father and who was raised in an environment filled with neo-Nazi propaganda really know the difference between right and wrong? That is the decision a Riverside Superior Court judge must make in the murder trial of this young boy.

The defense showed photos during the trial of the boy holding a toy gun during a neo-Nazi gathering. The District Attorney admitted that the victim was a member of the National Socialist movement. However, he argued that the boy must be held accountable for the shooting of his father. The boy was quoted by his lawyer as saying “I thought if I shoot him maybe he won’t be able to hurt us.”

The judge must answer this question. If a boy is raised in a neo-Nazi home where hate and violence and racism were taught does that “excuse” the boys behavior when he uses those teachings to kill his own father? If you believe that the father taught the boy these things does that mean the boys conduct should be considered “excusable homicide”?

The District Attorney argues that he must be treated like any other person who kills another. The DA argues that he did know what he was doing when he shot his father and so he is guilty of murder. The fact that his father held these politics views is not an excuse for murder.

What do you think about this extremely interesting and sad legal issue?

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced murder defense law firm is the best way to ensure you keep your freedom. The Riverside murder lawyers of Wallin & Klarich have been helping people for over 30 years. Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at wklaw.com for more information. Call us today, we will get through this together.

A tentative settlement has been reached by Sara Kruzan’s attorneys and Riverside County prosecutors to resolve her quest for a new trial in her 1994 first-degree murder case in Riverside when Kruzan, then 16, shot and killed her former pimp.

It’s unclear whether the settlement could lead to a new trial for Kruzan or an end to her prison term.

A settlement could range from a new trial to a plea bargain that could result in Kruzan being given credit for time served and being released from custody after nearly 17 years.

Neither the defense nor the prosecution would comment on details of the agreement..

Kruzan’s legal team argued that she should be allowed a new trial and to present a defense as a victim of “intimate partner battering” by the pimp, George Gilbert “G.G.” Howard.

Kruzan said Howard had raped, molested and enslaved her since she was 11, then shopped her as a teen prostitute. Kruzan is now 34 and incarcerated at the state women’s prison in Chowchilla. Supporters have linked her case to human trafficking issues.

In her 1995 Riverside County murder trial, prosecutors had argued that Kruzan was no longer employed by Howard in March 1994, when she lured him to the Dynasty Suites on Iowa Avenue in Riverside, shot him in the neck with a pistol, stole $1,500 from his pocket and took his car.

Kruzan confessed to authorities upon her arrest and was tried as an adult. She testified during her trial that Howard's rival had threatened her life if she didn't carry out the crime.

Kruzan was convicted of first-degree murder with special circumstances and given a mandatory life prison term, despite her age. During her sentencing, the judge said the teen had “no moral scruples” to shoot one pimp at another's behest.

In 2011, then Gov. Arnold Schwarzenegger reduced Kruzan’s sentence to 25 years to life, with the possibility of parole.

Her attorneys' request for a new trial was turned down by a Riverside County judge in February 2010. That ruling was upheld by the 4th District Court of Appeal. The California Supreme Court granted a petition for review, and asked for informal letter responses.

At first the attorney general's office maintained there was no basis for a battered partner defense by Kruzan, but later conceded “it is perverse to suggest that a minor who has been sexually abused and exploited from the age of 11 should be entitled to lesser defenses than an adult.”

Kruzan's supporters included the Human Rights Watch organization and actress Demi Moore.

If you or a loved one is charged with a crime, it is important to contact our experienced attorneys at Wallin & Klarich today. At Wallin & Klarich, our knowledgeable Southern California criminal defense lawyers will protect your rights. We have been handling murder cases like this one for over 30 years. Call us today at 888-280-6839 or visit www.wklaw.com for more information. We will get through this together.

Just when you thought you have heard it all. Oceanside resident Frederick Hengl has been arrested by police and accused of cooking his wife’s flesh. Neighbors of the accused reported a foul smell coming from the home he shared with his wife Anna Faris and so they called the police.

When the police arrived they allegedly found parts of Faris’ body cooking in three pots on the stove top, according to Deputy District Attorney Katherine Flaherty. "The first responding officer saw what she believed was meat cooking on the stove top," Flaherty told reporters. During a search of the home the police reported that they found the victim’s head in the freezer. Police arrested Hengl as he was drinking a beer at a bar near the couple's home

The San Diego County District Attorney’s office has filed murder charges against the accused as well as several other counts relating to the removal of a persons body parts. The DA’s office has not decided whether to seek the death penalty against the defendant.

When couples have been married a long time it is not uncommon for arguments to occur. Every day in California hundreds of spouses are arrested for domestic violence when they allegedly injure a spouse during an argument. However, when things go “too far” and one spouse kills the other it is impossible to know how far they might go to “hide the evidence”.

There are many reported cases of spouses burying the body of their deceased spouse in various locations, or even disposing of the body by tosses it in a body of water. However, to decide to “cook” your spouses’ body parts in an attempt to eliminate the evidence is an extremely gruesome act. It would be shocking if the District Attorney did not seek the death penalty in a case such as this.

Wallin and Klarich has many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you and to ensure that your rights are protected. The attorneys at Wallin & Klarich can be reached by phone at 888-280-6839 or through our website at www.wklaw.com. We have offices in Los Angeles, Ventura, Riverside, San Bernardino and Orange Counties. We will be there when you call.

A nanny has been charged with the murder of two small children who were under the nanny’s care. The children, siblings, age six and one respectively were found fatally stabbed in a bathtub in their family’s apartment. The arrest came nine days after the children were discovered dead.

The nanny was arrested and charged with first-and second-degree murder according to police. The nanny was found in the apartment with stab wounds believed to have been self-inflicted. She was interviewed at the hospital where she had been recovering from her wounds. After being interviewed, the nanny was charged with the murders.

In California, murder is codified under California Penal Code Section 187. The penal code defines murder as causing the death of another person, or fetus, with malice aforethought. The term “malice aforethought” refers to the murderer’s mental state or intent that must be formed before the act can constitute murder.

What are the punishments for murder in California?

A conviction for first-degree murder is punishable by death, imprisonment for life without the possibility of parole, or imprisonment for a term of 25 years to life.

A conviction for second degree murder is normally punishable by imprisonment for a term of 15 years to life. The circumstances surrounding the murder will determine whether it will be charged as a first-degree or second-degree murder

If you or a loved one has been charged with murder, it is imperative that you hire an aggressive and experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the best legal representation possible. The attorneys at Wallin & Klarich have been helping people for over 30 years accused of serious crimes. Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at wklaw.com for more information. We will be there when you call.

Andrew Gallo, 23, was tried and convicted of three counts of second degree murder for causing the death of three people including former California Angeles Pitcher Nick Adenhart as well as a felony hit-and-run. In addition to Adenhart, his two friends, Courtney Stewart, 20, and Henry Pearson, 25 all died as a result of this incident. A fourth passenger, Jon Wilhite, was critically injured in the crash but survived.

It was reported that Gallo was driving drunk and his blood alcohol was nearly three times the legal limit when he allegedly ran a red light at a high rate of speed and slammed into the victim's car. He was charged with murder because he had a prior drunk driving conviction and was driving with a suspended license.

In California, if you have been convicted of a DUI in the past and then caused the death of another person in a subsequent DUI related incident than you can be charged with murder and face a minimum of 15 years to life in prison for each victim. This situation is known as a “Watson Murder,” originated with the case of People v. Watson, where a defendant had multiple prior DUI’s convictions which were used to prosecute him for second-degree murder under the legal theory of implied malice.

Implied Malice is classified as a second-degree murder charge in which the defendant knows the inherent serious and dangerous risks involved with a certain type of conduct, fro example drinking and driving, and then goes out and continues this conduct and places others at risk and subsequently ends up killing another person as a result of his conduct.

After he was convicted he was sentenced to over 50 years in prison.

If you or a loved one is facing a DUI or murder charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

While drinking and driving is not illegal, it is unlawful to drive a vehicle while under the influence of alcohol and/or drugs OR with a blood alcohol concentration of .08% or more. More importantly, it is dangerous to human life. Passengers, other drivers and pedestrians can be killed if you are driving while impaired, and you can be charged with MURDER and serve life in prison.

Under the Watson murder theory in California, a driver can be charged with 2nd degree Murder as a result of causing the death of another while driving a vehicle under the influence. If the prosecutor can prove that the driver drove the vehicle with "implied malice" or a conscious disregard for human life, then an accident-related DUI causing death can be charged as Murder.

When considering whether or not to charge a DUI accident causing death as Murder, the prosecutor will review the driver's past driving and criminal history, current driving pattern (speed, reckless nature, traffic violations, etc.), prior knowledge or warnings of the dangers of drinking and driving, and level of intoxication.

While prosecutors go through a decision-making process in all cases re charges, there is none more crucial than in a Watson murder evaluation. The prosecutor has much discretion in this area and the decision in any given cases can vary from county-to-county, court-to-court and prosecutor-to-prosecutor. The final decision will directly affect whether you are looking at a possible life sentence or not.

Thus the importance to consult with and hire a criminal defense attorney who is well-versed in Watson murder cases. An attorney who can contact the prosecutor immediately in an attempt to influence the prosecutor's decision-making process.

Get the competent representation you will need for your defense. Wallin & Klarich has been handling Watson Murder cases for decades. Contact style attorneys at Wallin & Klarich to represent you in this difficult and stressful time in your life. Visit our website at www.wklaw.com and feel free to cal us at 888-280-6839. We will be here when you call.

Armenia Cudjo was charged with first degree murder while engaged in a robbery. Armenia Cudjo was arrested along with his brother, Gregory Budjo, involving the murder of Amelia Prokuda. A defense witness, John Culver, was prepared to testify at trial, that Gregory Budjo had confessed to him while they were in custody at the sheriff’s station and that Armenia Cudjo did not commit the murder. At trial, the defense was not allowed to introduce Mr. Culver’s testimony regarding Gregory Budjo’s confession because the Court ruled the confession to be hearsay. Armenia Cudjo was found guilty and appealed his conviction based on violation of his due process rights to present a valid defense.

The California Supreme Court found Mr. Culver’s testimony trustworthy, materially exculpatory and erroneously excluded at trial; however, there was no Constitutional violation. The US Court of Appeals for the Ninth Circuit disagreed with the California Supreme Court and ruled that a constitutional violation did occur. The Ninth Circuit explained that the right of an accused in a criminal trial has a right to a fair opportunity to defend against the state’s accusations. Most importantly, if a defendant’s rights involving the determination of guilt is implicated, the hearsay rule may not be applied to defeat the ends of justice. As such, the trial court’s exclusion of Mr. Culver’s testimony was incorrect, as it was directly relevant to evidence of innocence and necessary to a fair representation of Armenia Cudjo’s defense.

If you or a loved one is charged with murder, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling murder cases. Our experienced trial attorneys fully inform you of your options as they navigate through the complex court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.

On August 15, 2012 Mr. Rickie Lee Fowler - the man who was accused of starting a fire in San Bernardino that led to 5 people to die from heart attacks - was convicted of five counts of first degree murder (PC 187) and two counts of arson (PC 451), and he faces the possibility of being sentenced to the death penalty in California. In addition, the death penalty phase of Mr. Folwer’s trial starts Monday, August 20, 2012.

This case is a tragedy for all concerned. We feel for the victims and their families, for they clearly have suffered.
However, this case is a clear example of why the death penalty must be abolished in California.

We have been San Bernardino homicide lawyers for over 30 years, and we have never seen a case where someone who lights a match is awaiting to be put to death.

How can any reasonable person believe that the defendant could have intended when he lit the match that these 5 men would die of heart attacks? Of course the defendant should be severely punished. However, to put this man to death is outrageous and barbaric, and the punishment of death clearly does not fit this crime.

Let us all pray that the jury refuses to return a punishment of death in this very sad case.

The San Bernardino homicide defense lawyers at Wallin & Klarich have over 30 years of experience defending clients facing murder charges in Southern California. If you or a loved one has been arrested for murder in San Bernardino, Riverside, Orange, or Los Angeles Counties, please call us at 888-280-6839. We’ll be there when you call.

Your Wallin & Klarich Riverside murder defense lawyers explain to you the reasons why the Death Penalty in California must be abolished.

Whether there should be a death penalty for certain crimes is a question that undoubtedly stretches back to the start of human civilization. In California the death penalty still exists to this day despite compelling reasons to abolish it. The arguments in favor of the death penalty and the problems with those arguments will be discussed below.

The most often cited argument in favor of the death penalty is that the threat of execution deters would be killers more so than the threat of life in prison. In theory this may sound like a solid argument in favor of the death penalty. In reality, however, the vast majority of empirical date suggests that the threat of death penalty is no more of a deterrent than the threat of life in prison. As a matter of fact, states with the death penalty as a whole do not have lower murder rates than non death penalty states.

Proponents of the death penalty also argue that with DNA testing and other modern law enforcement techniques almost all uncertainty can be lifted as to a person’s guilt or innocence. The problem with this argument is that not all death penalty cases involve DNA evidence. Even with the advancement in law enforcement’s forensic capabilities, death penalty cases often times rely on eyewitness testimony which is inherently suspect and other evidence that is not foolproof. Simply stated, there is no 100% guarantee that the person who is to be executed is in fact guilty of that crime. Is it worse to execute one innocent person or let 100 guilty persons go free? What if you or a loved one was that one innocent person?

Death penalty supporters will also argue that the death penalty brings justice and closure to the victim’s family. The fact of the matter is that nothing, not even execution of the person who murdered your loved one, will ever bring your loved one back. The death penalty is simply a form of state-sponsored revenge that is unsustainable in its cost. It costs much more to execute a prisoner than to keep him or her in prison for life due to the endless appeals that death penalty inmates are afforded. The lawyer costs and court costs alone are astronomical.

Regardless of the many arguments against the death penalty in California, it remains in effect today. If you or a loved one is facing murder charges in California you will need the help of an aggressive and experienced murder defense firm like Wallin & Klarich. The California criminal defense attorneys at Wallin & Klarich have over 30 years of experience defending clients facing all types of criminal charges. If you or a loved one has been accused of a crime in California, please call the Riverside murder defense lawyers at Wallin & Klarich today at 888-280-6839 to receive our immediate assistance. We’ll be there when you call.

If you intend to be accused of murder, do not kick your dog; you might kill your dog, and the court may use this evidence against you if you are ever accused of murder.

A defendant was recently tried for murder. The DA attempted to offer into evidence the testimony of the defendant’s daughter that several years prior to the date of the murder charge for which he was on trial, he had kicked the family dog so hard that the dog died.

The defense argued that such evidence was totally irrelevant to the murder charge for which the defendant stood accused. The DA took the position that if the accused would kick his dog hard enough to kill the dog, he would be more likely to kill a human being.

The court sided with the prosecution and the jury was allowed to hear the evidence of the defendant kicking the dog. The jury hearing that evidence and all the other evidence found the defendant guilty of murder.

Do you think the court was right in making this decision? Wallin and Klarich would like your comments?

Wallin & Klarich has over 30 years of experience providing clients facing murder charges with exceptional professional representation in Orange County and Los Angeles. Please call us today at 888-280-6839 if you or a loved one is facing murder charges in Southern California.

(Watson Murder)

Punishments for those convicted of Driving under the Influence have increased significantly over the past several years and rightfully so. With so many lives lost at the hands of DUI drivers, the Orange County District Attorney’s Office has made it perfectly clear that if you have a prior DUI conviction and kill somebody when you are impaired by alcohol or drugs, they will have no qualms about charging you with second degree murder in Orange County for each life that is lost as a result of your conduct. A conviction of 2nd degree murder requires a mandatory 15-life sentence in California.

In the vast majority of cases, the person who kills someone while they’re DUI does not intend to kill anybody, but they cause an “accident” where another person dies. It is commonly argued that since there was no intent to kill, the person should not be charged with homicide but rather a lesser charge of gross vehicular manslaughter – which caries a significantly lesser sentence than 2nd degree murder. However, the response to that argument is that a person with a prior DUI conviction knew that Driving under the Influence was a dangerous activity and they consciously disregarded that and chose to drive, meaning they intentionally engaged in a dangerous activity and killed someone. Legally, this is acting with a “depraved heart” and satisfies the intent requirement for 2nd degree murder.

When somebody is killed in a DUI accident nobody wins. The victim’s family suffers the loss of a loved one and nothing will bring that person back. The person responsible faces life in prison which could tear them from their families and loved ones for the rest of their lives. Anytime you or a loved one is facing such serious charges in Orange County, it is imperative that you do everything possible to retain a highly qualified Orange County criminal defense firm like Wallin & Klarich to aggressively represent you and protect your rights. Call us at 888-280-6839 to receive our immediate assistance.

Something is very wrong with our criminal justice system. A man is found guilty of murder in California (PC 187) and sentenced to death. Our justice system is so backed up with death penalty appeals that it takes EIGHT YEARS for the appellate brief to be filed with the California Supreme Court. Now it will take at least another two years for the Attorney General to respond to the appeal filed by Peterson. Then, Peterson’s defense lawyer will take months to file his reply brief. Then, there will be oral argument. There is a good chance that it will be about 11 years from time of verdict to when the California Supreme Court rules on the appeal…..and if they uphold his conviction then the fun really starts.

Peterson will then appeal to the federal courts. These appeals can easily take another 10 years. The cost to the taxpayers for this process is tens of millions of dollars. If Peterson’s death penalty verdict is upheld, he will never be executed. There are 725 people sitting on death row now. Some have been sitting for over 20 years while appeals go on and on and on. The California Supreme Court has ruled that no death sentences can be carried out until it is determined whether the method being used is a “cruel and unusual punishment.”

The bottom line is we have our kids’ education to worry about. Millions of dollars thrown down the toilet dealing with these death penalty cases could be put to use to improve our deficient educational system. We could use some of this money to help our wounded veterans returning from war. So many people are too poor to seek the medical attention they need. These are all good people. They didn’t kill anybody. Yet the DA’s office insists on seeking the death penalty with full knowledge that nobody will ever be put to death. The DA’s office knows the costs of prosecuting a death penalty case. It seems that the desire of DA’s to get publicity and “get ahead” by winning death penalty cases is more important than the millions of dollars being wasted every year.

Let’s get real and get rid of the death penalty for the good of everyone.

If your loved one is currently facing murder charges in Southern California, please contact the criminal defense attorneys of Wallin & Klarich to receive immediate answers to your questions. Call us today at (888) 280-6839.

Murder charges are serious business, and require the legal expertise of a southern California murder defense attorney. A recent story from Texas has made national headlines, and brings to bear a question that has found its way into the press elsewhere lately as well: when does an act of self-defense become an act of aggression, or offense?

Last week the quick actions of a father made him something of a national hero in many people’s minds. A so far unnamed rancher from Shiner, Texas was informed that his 4-year-old daughter was being molested by a hired ranch hand. While details of the attack remain unclear, apparently he raced to the scene and attacked the molester, hitting him repeatedly in the head. The suspect died during the beating. On first consideration, one may feel that he was justified, for he was merely doing what any father would do.

But is “what any father would do” justifiable under the law? Lavaca County Sheriff Micah Harmon suggests as much; he indicated that the father probably is not going to be arrested. The fact that much of what actually occurred has not been reported, it is difficult to argue whether this is the case or not. However, what is clear is that if the molester was actually caught in the alleged act, the father was justified in applying force to restrain him. How much force was necessary is a point that warrants consideration.

The father admits to hitting the alleged molester repeatedly. If the initial hit subdued the attacker, however, an argument could be made that the subsequent ones no longer fell under defense, but became acts of aggression. In such a case in California, the father could be charged with manslaughter (PC 191.5), or even second-degree murder (PC 187). An autopsy may show whether the alleged attacker died before the final blows were made.

Some of the more important details have yet to be reported. For instance, it is unclear whether the father actually caught the molester in the act of sexual assault. Sheriff Harmon indicated that the child was not physically injured. Obviously the father felt he needed to protect his daughter, but was this evoked simply by his being told of the attack?

What the father actually saw, whether his initial blows were enough to stop the attack, after which police could have been called – these are issues that need clarifying. Certainly the father’s actions are understandable. However, while this case and that of Trayvon Martin are dissimilar, they do both raise the question of when an act of self-defense turns offensive.

If you face a charge of murder or other offense, hire a southern California defense attorney who has the resources and know-how to take on the challenge. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending persons accused of murder. Call us today at (888) 280-6839.

A retired Houston-area firefighter faces up to life in prison after a jury convicted him of murder for gunning down his unarmed neighbor during a dispute over a noisy house party.

Rodriguez used Texas’ “Stand your ground” law in his murder defense. As in many other states, the law is an expansion of basic self-defense doctrine. The law in part "abolishes the duty to retreat if the defendant can show he: (1) had a right to be present at the location where deadly force was used; (2) did not provoke the person against whom deadly force was used; and (3) was not engaged in criminal activity at the time deadly force was used.

Raul Rodriguez made a number of calls to police dispatch before he decided to confront his neighbors late at night about the noise coming from their party. Rodriguez brought his cell phone and a handgun and while walking over to the neighbors’ house, he was confronted by two men who jumped out of a pick up. Rodriguez, who recorded the confrontation on his cell phone video, indicated that he was in fear—and he shouted out that he was armed and would use his weapon to protect himself.

One of the men then shouted that he was going to get his weapon. At some point after that, one of the men can be heard laughing—a scuffle then ensues—and a single shot rings out, killing one of the men who confronted Rodriguez.

Perhaps a major flaw in the defense case was the failure of Rodriguez to take the witness stand in his own defense. While all criminal defendants have a constitutional right to remain silent and refuse to testify, there are instances when it is critical that an accused explains to a jury why he or she decided to take action. This was clearly one of those cases.

Rodriguez murder conviction could result in a life sentence in prison. Stay tuned as his appeal takes place. A new trial could result, in which case he will have new lawyers who should tell him he should explain his actions---which were likely lawful--to the jury!

If you or a loved one is facing criminal charges in Southern California, please contact our Southern California murder defense attorneys of Wallin & Klarich at 1-888-280-6839 or submit one of our forms to receive immediate assistance.

While street racing has been glorified in the movies, it is a serious crime that can lead to serious consequences. A tragic accident that took place in Kansas earlier this week could have easily been cut and pasted to any Southern California street. And now one teenager could be facing murder charges.

Two cars were seen racing each other on Tuesday afternoon at high rates of speed. According to witnesses, the driver of one car lost control, crashed into a tree and ripped his car in half. His 17 year old passenger died at the scene.

Accidents like these happen all the time in Southern California and serve as a tragic reminder that the best case scenario if you are caught street racing is a reckless driving charge.
However, in cases like these, where someone dies, it is possible for prosecutors to pursue a second degree murder charge. Even the most talented murder defense attorney would likely only be able to plea a case like this down to vehicular manslaughter.

In order to prove 2nd degree murder, prosecutors would need to prove that the driver’s actions were perpetrated with a reckless disregard for human life and that a reasonable person would understand that their actions were a threat to human life.

If a person is convicted of second degree murder they could face up to 15 years in state prison. Even if they were to make a plea agreement and plead guilty to vehicular manslaughter they would face a maximum of 6 years in state prison.

In a tragic case of punishment gone horribly wrong, a grandmother and a stepmother have been charged with murder in the death of a 9-year-old girl. As more details in the case unfold it may become clearer if a murder defense attorney will have their hand full or if they will have a slam dunk defense. What is beyond a shadow of a doubt is that an absolute tragedy has occurred.

Initial police reports indicate that Savannah Hardin (9) lied to her grandmother, Joyce Hardin Garrard, about eating some candy bars. To punish her for lying the grandmother and stepmother, Jessica Mae Hardin, force Savannah to run in the yard for 3 hours straight without stopping.

Eventually, Savannah got so dehydrated that she had a seizure, was rushed to the hospital, and died three days later. Police are still trying to determine if Savannah was forced to run via physical coercion or simply from verbal threats. At least one neighbor has come forward saying they recall seeing the little girl running around the yard but doesn’t recall seeing anyone chasing her or yelling at her to keep running.

Local police have said that the received several calls from concerned citizens who saw Savannah running around in the yard.

The severe dehydration is the sticking point in this case. Prosecutors could easily argue that denying the child water during the punishment qualified as malice aforethought. In essence, the argument is that a reasonable person would have known that lack of water would have been severely hazardous to the little girl’s health. By continuing on with the punishment, it showed a deliberate disregard for human life.

If the prosecution can convince a jury that the stepmother and grandmother meted out the punishment with little to no regard for the health and safety of Savannah, both could be convicted of murder.