Southern California Defense Blog

According to the LA Times, the “Barefoot Bandit” has been caught and arrested in the Bahamas. Colton Harris-Moore, 19, has allegedly been on a crime spree for two years across four states and the Bahamian islands. His evasions and thefts had gained him a cult following. Harris-Moore has had frequent brushes with the law including a 2008 detention. He escaped from a halfway-house and it is is alleged that he began entering vacation homes to steal food, electronics, and credit cards. Nicknamed after committing his crimes while barefoot, the alleged Barefoot Bandit is accused of stealing a number of planes without formal flying lessons. The FBI offered a $10,000 reward for his capture.

Harris-Moore will most likely face federal and state theft charges. In California, a theft is the unlawful taking of someone else's property with the intent of keeping it permanently. If the value of the item stolen is worth four hundred dollars ($400) or more, the theft is considered to be a “grand theft.” See California Penal Code Section 487. The punishment for being convicted of a grant theft can be severe. Grand theft is considered to be a “wobbler.” This means the prosecution has discretion to charge a defendant with a felony or a misdemeanor. A misdemeanor conviction of grand theft is punishable by imprisonment for up to one year in county jail. A felony conviction of grand theft is punishable by imprisonment for up to three years in state prison.

If your or a loved one is facing a theft crime charge, it is important that you speak with an attorney who is experienced in handling theft crimes. At Wallin & Klarich, our theft crime attorneys have over 30 years of experience. We will aggressively fight to get you the best possible result in your case. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

How hard must the finder of lost property try to return it to its owner before deciding it's his to keep or sell? The answer to that question could determine whether Monday's iPhone scoop results in millions of dollars in legal damages, or even criminal charges, for its purveyors.

Gawker Media has admitted -- boasted, really -- that it paid $5,000 to get its hands on a prototype of a fourth-generation iPhone for its gadget blog, Gizmodo. The seller of the device told the editors of Gizmodo and other technology blogs that he found it unattended in a bar called Gourmet Haus Staudt in Redwood City, California.

But shortly after Gizmodo published its blockbuster story about the phone, critics began accusing the site of breaking the law by, in effect, purchasing stolen goods

See full article from DailyFinance

Santa Ana police arrested a gang member after a one hour car chase . The chase ended with officers running after the defendant on foot in the area of Sullivan Street. Santa Ana Police said the man allegedly stole a Toyota pickup and police pursued him and a passenger around noon near First Street and Harbor Boulevard. Officers followed the men through Garden Grove, Buena Park, Stanton and Westminster before he was arrested in Santa Ana. The chase ended near an apartment complex on Fairview Street, and the man then ran about a block before surrendering on Sullivan Street. The driver, Daniel John O'Connell, 27, of Santa Ana, was arrested on suspicion of felony grand theft and felony evasion.

Unlike car chase scenes out of a Hollywood car chase movie, stealing a vehicle and evading police is not glamorous. Under California Vehicle Code Section 2800.2, it is against the law to flee or attempt to evade a pursuing police officer and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property. If convicted, the person driving the vehicle can be punished by imprisonment in state prison, or by confinement in the county jail for not less than six months nor more than one year. In addition, the court may impose a fine of not less than $1,000 or both a fine and imprisonment. Evading a police officer is not only dangerous to the surrounding community but also results in severe punishments.

Continue reading "Man Arrested for Evading Santa Ana Police in a Car Chase and How a Criminal Defense Attorney Can Help You – California Penal Code Section 487 and California Vehicle Code section 2800.2" »

Under California law, petty theft is described as the taking of property of another valued at $400 or less. A first offense can be charged as a misdemeanor and carries a maximum sentence of six months in county jail.

Commercial burglary under California law is described as entering any structure other than a residence with the intent to commit grand or petty theft or any felony therein. Commercial burglary is a “wobbler” under California law, which means that the offense can be charged as a misdemeanor OR a felony, depending on the circumstances of each case. A commercial burglary conviction can carry a maximum sentence of three years in state prison.

Many people are surprised when they are arrested for what they believe to be the relatively minor crime of petty theft but are actually arrested for and charged with commercial burglary in California. So what is the difference between these two crimes? The answer is simple: intent. That is, what did the person intend to do when he or she entered a store or business? Did they intend to steal before they entered the store? If so, that fits the description of commercial burglary. However, if they entered the store with no intent to commit a crime but, while inside decided to steal, then that fits the description of petty theft, provided the value of the property stolen was $400 or less.

Continue reading "When Petty Theft Can Turn into Commercial Burglary in California and How an Experienced Southern California Criminal Defense Attorney Can Help You - California Penal Code Sections 484 and 459" »

It was recently reported that in Columbus, Ohio, more than $100,000 went missing after a bag of cash fell from an armored car into an intersection. Passing motorists abruptly stopped to get grab handfuls of bills. About $100,000 was picked up by police officers and $12,000 more was returned by good Samaritans after the bag hit the pavement, was run over and split open Wednesday morning. About 15 to 20 people scrambled to grab cash. Local police reported that there were $20 bills everywhere and money was money floating all over the place.

The owner of the armored car company transporting the money complained that "it's not free money" and "it's different than walking down the street and finding a $5 bill laying there. This is clearly marked, identifiable money that belongs to somebody else laying in the middle of a busy intersection with bank bags lying all over the place.” Police warned drivers that people who fail to return cash could face charges such as grand theft.

Similarly, in California, individuals who take property that is not theirs will face theft charges. Grand theft is defined in California as the taking of money, labor, or real or personal property whose value exceeds $400. If this had occurred in California, any of the drivers who stopped to take the money would be facing grand theft charges if the amount of money taken was more than $400. Punishment for grand theft includes imprisonment in a county jail not exceeding one year or in the state prison.

Continue reading "$100,000 Missing After Armored Car Spills Bag of Money and How a Criminal Defense Attorney Can Help You - California Penal Code section 487" »

An Oceanside police sergeant recently pleaded guilty to charges of “receiving stolen property and knowingly accepting items purchased with embezzled funds,” according to a recent report by San Diego News 10. The man had been with the Oceanside Police Department for 10 years and was quoted as being a “rising star” in the department when he was charged. Allegedly, the man was romantically involved with a woman who had been embezzling money from a construction company at which she was employed. Prosecutors claim that the man knowingly received over $54,000 in items from the woman that he used to update his home, including mahogany wood flooring and flat-screen television sets. The officer now faces a prison sentence of 365 days in county jail.

Under California Penal Code section 496, it is a crime to knowingly buy, sell, receive, conceal, or withhold stolen property. If, for example, you buy or receive a car stereo from a person with knowledge that the person who is providing it to you has received it unlawfully, you can be prosecuted for receiving stolen property under Penal Code section 496. Depending on the severity of the case, a conviction can result in a prison sentence of up to one year in state or county jail.

Continue reading "Police Officer Pleads Guilty to Receiving Stolen Property - California Penal Code Section 496" »

The crime of carjacking comes under the broad scope of California theft-related offenses. To be found guilty of carjacking in California, the defendant must have taken a motor vehicle from the custody of another person by force, violence, or assault.

For the prosecution to meet its burden for a carjacking conviction, it must be proven, beyond a reasonable doubt, that the taking of the motor vehicle was done with the intent to temporarily or permanently deprive the true owner of their right to use or possess the motor vehicle. As you can see, several complex elements must be met and proven to support allegations of carjacking.

Continue reading "What the Prosecution Must Prove to Charge and Convict Someone of Carjacking - Penal Code Section 215" »

A recent article details the burglary spree that victimized homes of young Hollywood stars Audrina Patridge, Lindsay Lohan, Orlando Bloom, Rachel Bilson and the Hilton family. The ringleader behind these thefts, according to a confession by one of the robbers, was a 19 year old Las Vegas woman whose desire to own the designer clothes and jewelry of such celebrities as Lindsay Lohan and Paris Hilton motivated her to spearhead the thefts.

The suspect who turned informant gave authorities the details they were looking for in the burglaries. He detailed how the 19 year old woman would suggest a celebrity name and how he would go to the internet to research the star and find their home. After watching a house, they would break into poorly protected properties, often by simply walking through unlocked doors. The burglars made off with cash, narcotics and thousands of dollars worth of jewelry, including family heirlooms.

In addition to the ringleader and suspect turned informant, four others have been arrested in connection with the thefts. The four others, most between the ages of 18 and 20, have been charged with felony burglary.

Continue reading "Celebrity Burglaries Led by 19-Year-Old" »

A Long Beach woman was recently sentenced to 90 days in jail after pleading guilty in the West Orange County Justice Center to felony theft by fraud, according to an article in the Orange County Register. The woman allegedly threw a birthday party for her son that she never intended to pay for.

The article explains that the woman went to a party rental supply store and selected various items for her child’s party. She rented several items including a Delux Snokonette snow cone machine, an Econo Floss cotton candy machine, and a popcorn machine. She then proceeded to pay for the items with someone else’s credit card and address information. The only problem is that the woman used her actual phone number.

When the party rental store contacted her and left a message, she texted them back informing them that they would never see their products again. Needless to say, the authorities were easily able to find the woman by tracing her cell phone. The machines were found during a search of the property and the woman and an accomplice were arrested.

Continue reading "Stolen Party Machinery Results in Jail Time and Grand Theft Conviction" »

According to California Penal Code Section 503 Embezzlement is “the fraudulent appropriation of property by a person to whom it has been entrusted.” In other words, if some one entrusts you with money or property, and you use that money or property for something other than it was originally intended, you are guilty of embezzlement.

For instance, if your boss hands you a bag full of money to deposit at the bank and you intentionally use the money for something else, you’re guilty of embezzlement.

Embezzlement can have serious consequences including state prison time depending on the amount money or value of the item or items embezzled. In addition, your reputation is on the line. Crimes of moral turpitude such as embezzlement can affect your ability to work in places where trust is essential.

Continue reading "Embezzlement: What is It?" »

Shoplifting is a term often used to describe when a person intends to steal or steals an item from a store. However, shoplifting can also involve switching labels or tags on an item to get the item for less money or illegally taking items from your place of work that were entrusted to you.

Another common term for shoplifting is petty theft. Petty theft is almost always considered a misdemeanor for the first offense if the item that was stolen retails between $50 and $400. The consequences associated with a conviction include fines, probation and/or 6 months in jail. If you are convicted of petty theft for a second time, the charge can either be a misdemeanor or felony. Obviously, the felony charge carries stiffer penalties including up to 16 months in prison.

Continue reading "Shoplifting in California" »

California Penal Code 211 states the following: “Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”

The Code continues to define the two types of robbery crimes in California – first and second degree. The difference is covered in Penal Code 212.5. Essentially, first degree robbery covers robbery of a person driving a vehicle, robbery of a person using an ATM, and robbery of a person at their home. Second degree robbery covers all other forms of robbery.

Both first and second degree robbery count as strikes. A strike is a crime that is most likely to be punished by significant time in prison. Also, if you have a strike conviction on your criminal record, any future crime you might commit will be punishable for double the normal amount of time in prison.

Continue reading "What is the Difference between First and Second Degree Robbery?" »

Two people were arrested outside a Temecula, CA church on Sunday, October 4, 2009, on suspicion of vehicle theft and other charges according to authorities. An officer was patrolling the area of Hope Lutheran Church in Temecula because there had been several recent reports of burglaries in church parking lots in the area during worship services.

At about 9:00am an officer spotted a vehicle matching the description of the vehicle used in recent parking lot burglaries and the officer quickly discovered that the vehicle had been reported stolen.

The driver and his passenger were both found to be on probation for theft related crimes and the car their vehicle was found to contain numerous suspected stolen items including several purses, cell phones, digital cameras, gift cards, iPods, jewelry, a laptop computer and a GPS device. They also found burglary tools.

Continue reading "Two Arrested in Church Parking Lot Thefts Now Praying for an Experienced Riverside Theft Attorney" »

Evidence from Warrantless Vehicle Search Incident to Passenger’s Arrest is Suppressed where Defendant was Inside Patrol Vehicle when Searched

Defendant, Gonzalez, was convicted of Possession of a Firearm and Ammunition. This conviction resulted when a firearm was found during a June 19, 2006 traffic stop of a car in which Gonzalez was riding. The police, following the arrest of another passenger with outstanding warrants, searched the passenger compartment and found a loaded firearm in side the glove box. Gonzalez filed a motion to suppress; he asserted the search of the car violated his Fourth Amendment rights.

The Supreme Court in Arizona v. Gant, 129 S. Ct. 1710 (2009), held that police may search a vehicle incident to arrest only if the arrested person is within reaching distance of the passenger compartment of the car at the time of the search or it is reasonable to believe that the vehicle contains evidence of the offense of arrest. 129 S. Ct. at 1723-24. When these justifications are absent, a search of an arrestee’s vehicle will be unreasonable unless police obtain a warrant or show that another exception to the warrant requirement applies.

Continue reading "Vehicle Searches Incident to Arrest " »

Penal Code section 801.5 provides that prosecution of certain offenses, including grand theft, fraud and perjury, “shall be commenced within four years after discovery of the commission of the offenses . . . .” (emphasis added). Section 803, subdivision (c), provides that the four-year statute of limitations “does not commence to run until the discovery of [the] offense . . . .” (emphasis added).

The Penal Code does not specifically identify whose discovery triggers the running of the statutes of limitations, but case law holds that the limitations period begins running on the date either the “victim” or a responsible “law enforcement official” learn of facts which, if investigated with reasonable diligence, would make that person aware a crime had occurred. (People v. Kronemyer (1987) 189 Cal.App.3d 314, 330-331 (Kronemyer); People v. Lopez (1997) 52 Cal.App.4th 233, 246 (Lopez).)

For purposes of determining whether a particular person’s discovery of facts will be deemed to trigger the running of the statute of limitations, a “victim” does not include a person with a “special relationship” to the actual victim of the defendant’s crime, nor does a “victim” include a person with a “special interest” in the subject matter of the crime. In short, the criminal discovery statutes extend no further than those persons who are direct victims of a crime, and those persons who are clothed with a status imposed by law.

Continue reading "Statute of limitations for Filing Grand Theft Charge Commences when Government Entity with Duty to Investigate and Report Crime Discovers Offense" »

San Bernardino, CA has an estimated population of 205,010 as of 2006, making it the 18th largest city in California (based on population). San Bernardino is part of the “Inland Empire” and measures 78.5 square miles in size. The city is roughly 60 miles east of Los Angeles, and is located at the foothills of the San Bernardino Mountains. There are 56,330 household in the city of San Bernardino. Consequently, 48.6% of the population lives below the poverty line. Desperation in times of economic woe can often lead to brazen acts of theft and burglary in San Bernardino which the rights of those accused deserve to be defended by a skilled criminal defense attorney.

San Bernardino’s crime rates are higher than the national average in all major categories, including both violent and property crimes. The city’s burglary rate is 1.53 times the national average, and its theft rate is 1.11 times the national average (car theft is a whopping 2.85 times the national average). With so much crime present in the city, there is a definite need for experienced San Bernardino theft defense lawyers. At Wallin & Klarich, we understand that false accusations, improper arrest procedure, and other matters can lead to an innocent person being branded guilty if they don’t receive quality legal counsel and representation.

At Wallin & Klarich, you can trust that knowledgeable and aggressive lawyers are prepared to examine every detail of your theft or burglary case. Our skilled San Bernardino burglary defense attorneys offer a free consultation of your case, and will fight to ensure that your rights are upheld in a court of law. Please contact us today at 888-749-7428 and we will do everything we can to help clear your name. With over 30 years of criminal defense experience in California, you can trust our firm.

Huntington Beach, California is a coastal city located in Orange County. With a total area of 31.6 square miles, Huntington Beach, or “Surf City” as it’s popularly referred to as, houses a population just shy of 190,000 (as of the 2000 United States census). Known for its beautiful beaches and preserved wetlands, Huntington Beach plays host to countless beach-goers and tourists each year. In addition, numerous surfing outfits hold their events in Huntington Beach each year. Like any major city that is home to many and draws multiple visitors throughout the year, Huntington Beach has cases of theft and burglary in which the rights of the accused deserve to be defended.

Although crime rates in Huntington Beach are generally half those of the national average, the experienced Huntington Beach burglary defense lawyers at Wallin & Klarich have successfully provided legal counsel and representation to many clients. While violent crimes are not common in the city, property crimes are more prevalent (though still merely 48% of the national average). Property crime is often a problem in areas visited by tourists, and Huntington Beach is no exception. For this reason, it is important to have skilled criminal defense attorneys in the area that can sort through the evidence and help prevent the innocent from experiencing unwarranted punishment for crimes that they didn’t commit in the first place.

Wallin & Klarich has more than 30 years of experience as criminal defense attorneys in California. Our skilled Huntington Beach theft defense attorneys can help assist you with every aspect of your case, and will ensure that your rights are upheld in every possible way. Please contact us today for a confidential evaluation of your case, and place yourself on the road to restoring your good name. Contact us today and visit our website at www.wklaw.com.

Glendale, California is part of Los Angles County and located at the eastern end of the San Fernando Valley. Glendale has a population of 207,303 as of January 1, 2009, and is the third largest city in Los Angeles County. The city spans 30.7 square miles and it is estimated that Glendale has a population density of 6,770.6 people per square mile. As with any major city, Glendale has its fair share of theft and burglary crimes in which those accused deserve to have a fair trial and quality legal representation from an experienced Glendale theft defense lawyer who will ensure that constitutional rights were not violated during arrest or investigation proceedings.

Though incidents of theft and burglary in Glendale have consistently decreased over the years, with instances of property crime, for example, dropping nearly 15% (dropping from 1,719 to 1,470 acts of reported property crime in a one year period), there is still a definite need for criminal defense attorneys in the Glendale area. At Wallin & Klarich, we understand that mishaps occur and that guilt is not always attributed to the right person. Our attorneys are dedicated to defending the rights of those accused of Glendale theft and burglary under the law and will use our skills and resources to help you with your case.

Wrongful accusation can devastate a young life, and the attorneys at Wallin & Klarich understand this. Our skilled Glendale burglary defense attorneys have years of experience defending those accused or criminal offenses, especially property crime. Please call our knowledgeable lawyers for a consultation, and let us help you get your life back on track. Contact us 24/7 at 888-280-6839.

Chula Vista, California is located in southern San Diego County. The city is the second largest in San Diego County according to population, and the 14th largest statewide in California (also in terms of population numbers). Chula Vista is 51.2 square miles in size, and houses a population of about 217,478 residents. Since the year 2000, Chula Vista’s population has grown by over 20%.

Chula Vista’s economy is very much tied to that of the rest of the San Diego area, which draws a huge amount of tourism. With such large numbers of people visiting and passing through the area, in addition to those who call Chula Vista home, there is an increased chance in the number of theft and burglary crimes that will be committed.

At Wallin & Klarich, our skilled Chula Vista theft defense attorneys won’t let confusion and false accusation lead to an innocent person being punished for a crime they didn’t commit. Though the crime rate in Chula Vista is below the national average (316.5 occurrences of crime per 100,000 residents vs. the national average of 320.9 per 100,000 persons), there is still a definite need for criminal defense attorneys in Chula Vista.

Our criminal defense attorneys at Wallin & Klarich have years of experience defending those accused of burglary and theft crimes in the Chula Vista area, and are prepared to handle every aspect of your case. Our aggressive Chula Vista burglary defense lawyers will examine the circumstances of your arrest, and will help prove that you are innocent. Please call us today for a case evaluation at 888-280-6839 or visit www.wklaw.com for more information.

An article in the Los Angeles Times discusses recent L.A. Sheriff’s statistics that show crime in Los Angeles and across Southern California has reduced in recent months. The reduction comes despite an economic downturn which has resulted in an unemployment rate in double digits, an imploded housing market, and the closing of countless businesses.

The decline flies in the face of predictions made by many crime experts that the region would probably experience substantial increases in property-related crimes and some types of violence as more people fell into financial hardship. Quite the opposite has happened, the article explains. Property crimes, such as burglary and auto theft, were down 6.4% over the same period last year, while violent crimes, including homicides and rapes, were down 4.9%. The Sheriff's Department reported a 10% drop in serious violent and property crimes in the areas it patrols.

It can be argued that during these times of financial hardships, that individuals are spending more time at home in an attempt to save what little income they have for important things like bills and food. The trend of people moving back with family members and parents to save on rent also has an impact on how often and when certain individuals go out. As these individuals move back to the nest, there propensity to get into trouble lessens.

Continue reading "Crime Down In Los Angeles and Other Parts of California" »