Southern California Defense Blog

Many California jails are overcrowded and to comply with the law must release inmates early from their sentence. Due to this fact many of those accused of crimes are choosing to serve their entire sentence and reject probation.

This is happening because it is becoming a well known fact that inmates are not serving the jail sentence imposed by the court.

Los Angeles County Jail is probably the best example of abuses of our legal system. In one case a defendant was sentenced to 2,390 days and was released from custody after serving only 21 days. This is less than 1% of his sentence. This also means that the defendant is not on probation for this offense because he has served his entire sentence.

District Attorneys from around the state have expressed their anger and frustration with the current system. Many other counties are being forced to release inmates prior to them doing 50% of their time.

It will be very interesting to see how things develop on this issue over the next few weeks.

If you are accused of any crime you need to contact Wallin and Klarich to help you decide what are the bst options for you in your case. Call us at 877-466-5245 toll free 24/7. We will be there when you call.

Lindsay Lohan has “earned” a long jail sentence and she should get what she earned today from judge at sentencing at her probation violation hearing.

The fact is though, Los Angeles County jails are overcrowded. That may be Lindsay Lohan’s only remaining hope to avoid a large jail sentence today when she appears before the judge at her probation violation hearing.

The judge is fed up with her numerous violations of probation. She was ordered to perform several hundred hours of community service work at a battered women's shelter by the court and ended up getting dismissed by the shelter for non-compliance. The judge has made it clear to her if she failed to do these things she could be sent to jail for a very long time. When you are on probation the court can hold a long jail sentence over your head.

IF Lindsay Lohan avoids jail time this time around it will be because the court will fear that her jail sentence will not be served and she will be kicked loose by the jail officials who wont have room for her and all of the publicity and media that will follow her to jail.

Lindsay it is time to wake up and clean up your act and do what the judge says. Life will go a lot easier if you can learn to follow simple rules imposed by the court.

For probation violations, the defendant is not entitled to a trial by jury. The court is the finder of fact for probation violations. Probation violations arise when a defendant fails to pay required fines, fails to obey all laws, commits a new offense, fails to pay restitution to the victim, etc.

If there is a probation violation alleged then there is a right to a hearing, before a judge, not a jury, on the matter. At this hearing, the prosecution must prove that it is more likely than not that you violated your probation. This is not a reasonable doubt standard, it is known as a “preponderance of the evidence.” What this means is that the prosecution does not have to make as strong a case to prove a probation violation as it does to prove an initial crime. At the hearing the judge may consider a range of factors in deciding both if there has been a violation and also if there are mitigating factors that can effect what consequences there may be.

In order to make sure that your rights are accurately and aggressively defended while on probation in Southern California, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com to find out more about how we can help.

On September 24, 2010, in the late afternoon, a Los Angeles Superior Court allowed Lindsay Lohan to post bail and be released from custody after her lawyer appealed an earlier ruling that morning denying her the right to post bail.

The previous judge’s ruling denying bail meant that Lohan would have been in custody at least until her October 22 probation violation hearing.

Lohan’s attorney argued that the superior court must give Lohan the right to post bail for misdemeanor probation violations. Her probation stemmed from two drug-related convictions in 2007. Lohan admitted two weeks ago via tweet that she violated her probation by failing a drug test.

After posting $300,000 bail, Lohan agreed to wear an electronic alcohol-monitoring anklet as a condition of her release. The day after her release, she visited a homeless teen shelter and voluntarily checked herself into a drug rehabilitation program. The judge may still sentence her to jail during her October 22 hearing.

Under the California Constitution, article I, section 12, a person has a right to bail unless the person is accused of a capital crime or certain other felonies after a court has determined that evidence of the person’s guilt is substantial or the risk to public safety is too great to allow the person to post bail. Under California Penal Code section 1271 and the California Constitution, if a person is charged with anything other than a capital offense or certain felonies, a person has a right to bail.

If you or someone you know has been accused of a probation violation, you will need an experienced Los Angeles County criminal defense attorney who will thoroughly explain the probation violation consequences to you. At Wallin & Klarich, we have helped people accused of probation violations for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

According to the LA Times, Lindsay Lohan surrendered herself today and has been booked in county jail. Lohan was sentenced to 90 days in jail after violating the terms of her probation from her DUI conviction by failing to attend the required alcohol classes.

Due to the overcrowding at Los Angeles County Jails, Lohan will most likely not have to serve the entire 90 day term. It is unspecified as to how much time Lohan must serve, but it is probable that she will only be required to serve 30% of the sentence. This means that Lohan is likely to serve approximately 25 to 30 days in jail.

It is important to complete the terms of probation. The prosecutor in the case stated, "The message to the public is don't drink and drive. If you do drink and drive and you're punished for it, complete the programs." However, you may be able to use the crowded jails to your advantage if you are facing a criminal charge. It is important that you speak with an experienced Los Angeles criminal defense attorney before you make any decisions.

At Wallin & Klarich, our Southern California probation violation attorneys have over 30 years of experience. Our attorneys will defend your rights and fight to get you the best possible result in your case. We will consult and advise you on all of your options so that you can make an informed decision regarding the charges you are facing. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

The Associated Press recently reported the following story:

'Pulp Fiction' writer sentenced in fatal DUI crash

VENTURA, Calif. – An Oscar-winning screenwriter of "Pulp Fiction" has been sentenced to a year in jail for causing a fatal traffic crash in Southern California.

Avary and Quentin Tarantino share the 1995 Academy Award for writing "Pulp Fiction." He also co-wrote the screenplay for the movie "Beowulf."

Continue reading "Recent "Pulp Fiction" Writer's DUI Sentencing" »

Many criminal cases are resolved by plea agreements between the district attorney’s office and defense attorney. These plea agreements may be drawn out for months and require multiple court dates for the two sides to finally come to an agreement. After all the time and energy spent on a plea agreement, some defendants have the unfortunate experience of having the Department of Probation recommend a harsher sentence.

Typically, after a person enters a plea of guilty, and probation is a term of their plea agreement, the Department of Probation will prepare a probation report. In the report, a probation officer will state whether they believe the sentence and probation is appropriate. In making their determination, the probation officer will look at the circumstances of the crime, as well as whether the individual was on probation at the time of the offense.

Judges have wide discretion in sentencing when the recommendation from probation differs from what the district attorney and defense attorney agreed to. The judge has the discretion to either follow the often harsher sentence recommended by probation, or to accept the agreed upon plea agreement. Having an aggressive criminal defense attorney is extremely beneficial in trying to convince the judge to disregard probation’s recommendation. An experienced San Diego criminal defense attorney can appropriately determine what factors would be helpful in convincing the judge not to impose a harsher sentence.

Continue reading "After a Long Fight With the District Attorney, Some Defendants Find their Biggest Opponent is the Department of Probation" »

The Court Has Authority to Modify Probation at Any Time During the Probationary Term –Success Requires the Knowledge and Skill of an Experienced Criminal Defense Attorney

Penal Code section 1203.3 provides in pertinent part as follows: (a) “The court shall have authority at anytime during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be served thereby, and when good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.”

The trial court is therefore authorized, during the time of probation upon proper showing, to modify probation. People v. Marin (1957, 4th Dist.) 147 Cal.App.2d 625, 627. 605 P.2d.659.

If you or a loved one is interested in having probation modified or terminated, contact a skilled California criminal defense lawyer from Wallin & Klarich for a free consultation and case evaluation. Wallin & Klarich has over 30 years helping clients in all aspects of criminal defense including probation modification and termination.

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.

What If My Probation Is Revoked? What Do I Do If I Have A Probation Hearing Coming Up? Do I hire a Criminal Defense Attorney?

If you are facing a probation revocation hearing in California, it is important that you hire a private attorney immediately. The possible consequences you face are serious, and you need the support of an experienced, professional criminal defense firm.

In a probation revocation hearing, the prosecution need only show “by a preponderance of the evidence” that you violated your probation. This is not the same as a criminal case where the prosecution must prove their case beyond a reasonable doubt.

You also do not have the same rights at probation revocation hearings as you would in a normal criminal trial. In fact, according to a recent court opinion, you may not even have the right to confront witnesses against you for spontaneous statements, or those made while the declarant (i.e., the person who made the statement) was under the stress of excitement caused by such perception. In that case, People v. Stanphill, the court held that those spontaneous statements may be used against a defendant in a probation revocation hearing without having that declarant available to be cross-examined, and that this does not violate due process.

It imperative that you retain an experienced California criminal law firm who is aware of all of these due process issues and who will be fully and adequately prepared for the probation revocation hearing. The attorneys at Wallin & Klarich have over 30 years of experience in probation revocation hearings as well as other criminal defense matters, and they can aggressively and effectively represent you in court to get your case resolved to your satisfaction.

For a consultation to discuss your offense or hearing please call us at (888) 280-6839. Our staff of attorneys are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at www.wklaw.com for more information.

What Can Happen If I’m Given Probation As A Term Of My Sentence?
How Probation Can Affect You Owning A Pet

Probation can be a major intrusion into your life no matter how lenient the terms of the probation are. Unfortunately, the intrusiveness of probation just got a whole lot worse.

According to a recent California Supreme Court opinion, the criminal courts may now impose a condition of probation in California requiring the defendant to notify his probation officer of the presence of any pets at defendant’s place of residence. It doesn't matter if you own a timid toy poodle or gutless goldfish, you will have to tell the probation officer.

This is why it’s important to hire an experienced law firm to protect your interest to make sure that if probation is a condition of your sentence, that the probation terms allow for you to own a dog, fish, or any other harmless pet.

The California criminal defense attorneys at Wallin & Klarich have handled thousands of cases dealing with probation and the consequences of being on probation. Our attorneys have over 30 years experience in misdemeanor offenses as well as other criminal defense matters, and they can aggressively and effectively represent you in court to get your case resolved to your satisfaction.

For a free consultation to discuss your offense please call us at 888.280.6839. Our staff of attorneys are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at www.wklaw.com for more information.

Court holds probation department must explain why it wishes to require probationer to wear GPS monitoring device

Over the last several years the legislature has expanded the rights of the probation departments in California to impose new terms of probation as well as to set the level and type of supervision that each probationer will require. In the recent pending appeals case in San Bernardino County the court of appeal put a halt to the probation departments ability to impose new and different conditions on probationers without good cause.

Steve plead guilty to a felony and was placed on three years formal probation. The first two years of probation went without any probation violation incidents. Steve had no prior record. During the third year of probation the probation officer decided to add a new condition that Steve wear a GPS monitoring device 24/7 so the probation officer would know his whereabouts. Steve’s lawyer objected and demanded a hearing on the reason for this new probation condition. The trial court denied the defendants right to a hearing stated that the entire discretion as to terms of probation rested with the probation department and the court had no authority to review their reasons for imposing this condition of probation.

Luckily the court of appeals granted a writ and said that the court must hold a hearing to determine the reasonableness of this new probation term and whether they had abused their discretion in requiring this GPS device.

If you are on probation and believe that the terms of your probation are unfair feel free to contact a California probation lawyer at Wallin and Klarich 24/7 for a free evaluation of your situation. You give up some rights when you agree to formal probation but you do not give up all of your legal rights. Call us at 888-749-0034

Under a new law scheduled to take effect on January 1, 2009, if you are detained by a peace officer on suspicion that you have been drinking and driving, you would be required to submit to breath testing if requested by the officer, and, if your blood alcohol level is a 0.01 percent or greater, your license will be subject to suspension by the DMV. Additionally, you can be charged with an infraction, as well as with violating your probation. Finally, the new law gives the officer authority to tow and impound your vehicle at your expense if you are on probation for a DUI and you are caught driving with a blood alcohol concentration of 0.01 percent or higher. Additionally, if you refuse to take the breath test, your license will be subject to suspension by DMV and you will also be subjected to a potential charge of violating your probation.

As Paris Hilton recently found out the hard way, being placed on probation in lieu of jail time does not mean that you “got off scott-free.” Many people assume that when they are convicted of a misdemeanor or felony and they are not sentenced to serve any jail time (or just a few days in jail) that they got off easy and can continue to do as they please. However, this is not the case!

Before we go any further, I am going to go over what I mean by the term probation. Webster’s Dictionary defines the word probation as, “A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.” Now there are several different forms of probation in the Criminal Justice System, but I am talking about formal and informal probation. In general terms, formal probation refers to when you are placed on probation and must report to a probation officer (if not in custody). Meanwhile, informal probation or summary probation refers to court supervised probation, meaning you do not have to report to a probation officer.

Probation is considered a privilege and not a right. Thus, everyone is not entitled to be placed on probation in lieu of jail or prison time. If you are placed on probation, you are given several terms and/or guidelines to follow. If you do not follow the terms of your probation, you can be in violation of your probation, your probation can be terminated, and you can be sentenced to the statutory maximum amount of jail and/or prison time. This is the concept that numerous people gloss over and/or do not understand and that can be very problematic!

Continue reading "Probation Does Not Give You a Free Pass" »