Southern California Defense Blog

On Monday, in Westminster, two young females were charged with grand theft after stealing more than $285,000 from a Newport Beach law firm. Apparently the two roommates recently used the money to charter a private jet to fly to New York and then party with friends in various hotels in Times Square.

Alexa Johzen Polar, 34, and Robin Antonella Pabello, 33, stole a check worth almost $20,000 dollars back in September or October. They apparently altered the check and changed the value to more than $285,000 and made it payable to Pabello before depositing it into her account.

They have been charged with two counts of forgery, grand theft, and grand theft by embezzlement, plus a sentencing enhancement. If convicted, they each face a possible sentence of six years and four months in state prison.

Under penal code section 487(a), a person who shall feloniously steal, take, carry, lead, or drive away the personal property of another is guilty of theft. A person can be convicted of grand theft if the theft was committed when the money, labor, or real or personal property taken is of a value exceeding nine hundred and fifty dollars ($950) and is punishable by imprisonment in the state prison.

If you or a loved one have been accused or charged with a theft crime, it is very important that you speak with an experienced theft defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

The legal troubles for former baseball great Lenny Dykstra continue to mount. Dykstra recently reached a deal with prosecutors, pleading no contest Wednesday, to three counts of grand theft auto and filing a false financial statement.

Dykstra, a three-time Major League Baseball All-Star, was released pending sentencing Jan. 20, 2012, the Los Angeles District Attorney’s Office said in a statement. The former athlete, faces up to four years in prison.

In California, grand theft auto is codified under California Penal Code Section 487 d (1). The penal code states that grand theft occurs whenever the property taken is an automobile.

What are the punishments for murder in California?

If you are convicted of grand theft as a felony, you face 16 months, or two or three years in the California State Prison.

In addition to the penalties noted above, you can receive an additional and consecutive state prison sentence for any of the following, one year if the amount of the property was worth more than $65,000, two years if the amount was worth more than $200,000, three years if the amount was worth more than $1,300,000, or four years if the amount was worth more than $3,200,000.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced San Bernardino theft attorney. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at 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 877-466-5245 or go to our website at wklaw.com for more information.

The crimes of robbery and theft seem very similar to most people – after all, they both involve taking the property of others without their consent. However, they are distinct crimes in California that are prosecuted differently. Today, Wallin and Klarich's Orange County theft attorneys will explain the fundamental differences between the two crimes.

To best illustrate the difference between robbery and theft, imagine a woman waiting at a bus stop with her purse. If you were to take her purse without her knowledge, that would be a theft. But if she were to notice and grab her purse, causing you to wrench it from her, it then becomes a robbery.

What is Robbery?
Robbery is basically the taking of another person’s property by use of force or intimidation. Unlike theft crimes, which can also be prosecuted as a misdemeanor, robbery is always charged as a felony.

Punishments?
The worst kind of robbery charge that you can face is first-degree robbery, which includes robbing people while in their homes, while they are retrieving money from the ATM, etc. A conviction can land you in state prison for 3 to 9 years.

A robbery conviction is also a “strike” for the purposes of California’s 3 Strike Laws. Please refer to our 3 Strikes Laws section for more information. This means that if you are convicted and you had prior felony convictions that also qualify as strikes, you could automatically face double the jail sentence or even a life sentence.

Facing a robbery charge is very serious and you should not go it alone. You will need the legal expertise of a skilled Orange County criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

If you find something of value under circumstances in which it would have been relatively easy for you to find its true owner (or at least make an honest attempt to find the true owner), keeping it or using it for personal gain without doing so can result in a theft charge.

Finding something (such as an engagement ring) in a grocery store, for example, would be a situation in which it would have been relatively easy to find the true owner or at least make an honest attempt because an announcement over the PA system by a store employee would have provided notice to the true owner to come forward.

Sometimes the lost property itself may contain the name and contact information of its true owner, such as a cell phone or a wallet with a driver’s license. The crime punishes those who simply do not even attempt to try and locate the true owner before taking the property for themselves.

If you are accused of wrongfully appropriating lost property, you could face petty theft or grand theft charges. If the value of the property exceeds $950, you will likely face grand theft charges, which is more serious than a petty theft charge (which is incurred if the value of the property is $950 or less).

If you are facing theft allegations resulting from appropriating lost property, you will need to expertise of a skilled San Bernardino theft defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible results. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

According to a recent study, motor vehicle thefts in California occur at a rate of double the national average. Motor vehicle related thefts are one of the most common charges filed against a defendant in California.

California Vehicle Code Section 10851, states that “any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing”, is guilty of theft of a motor vehicle.

A felony conviction under California Vehicle Code Section 10851 may result in up to one year in state prison or by a fine up to five thousand dollars, or by both the fine and imprisonment. In addition the imprisonment and fines, a person convicted of a motor vehicle theft, also faces a suspension or revocation of their driving privileges.

Under California law, the court may impose a suspension or revocation for a person convicted of theft of a motor vehicle. A conviction allows the court to impose an open-ended license suspension or revocation, with no specified ending date. The California Courts have the power to suspend or revoke a person’s driving privileges indefinitely. If you are required to drive to and from work or school, it is imperative that you hire an experienced criminal defense attorney.

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your license. The attorneys at Wallin & Klarich have been helping people keep their license 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 877-466-5245 or go to our website at www.wklaw.com for more information.

Assmebly Bill 2372 Penal Code Section 487 amended
This law changes the threshold from $400 to $950 to charge the crime of grand theft for stealing money, labor, real or personal property.

Existing law generally provides that grand theft is theft when the money, labor, or real or personal property taken is of a value exceeding $400. This law increases the value threshold for committing grand theft from $400 to $950.  Grand theft is considered a wobbler. 


When the case is a wobbler, the District attorney has discretion in making a determination as to what degree a case should be charged. Some charges can be brought as felonies, while the same conduct could be brought as a misdemeanor.  The amount of loss, injuries to the victim, past criminal conduct, or lack thereof, on behalf of the accused, are just some of the factors that would allow the district attorney to use discretion in making a charging determination in a particular case.

If you or a loved one is facing a grand theft charge, contact the california theft attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with theft. 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.

Actress and veteran of the Los Angeles County Criminal system Lindsey Lohan appeared in front of a Judge on Thursday. Lohan is charged with Felony Grand Theft for allegedly stealing necklace from a Los Angeles area jewelry store. The necklace is valued at $2500.

In California, grand theft is codified under California Penal Code Section 487, which defines grand theft as "the unlawful taking of another's property valued above $950." In order to be convicted of grand theft, the prosecutor must show that you took the property of another with intent to permanently deprive the owner of that property, and that you physically took possession of the property and carried it away.

Lohan’s attorney said her client would be interested in taking a plea deal if it did not include jail time. Los Angeles County Superior Court Judge Keith Schwartz's, who is hearing the case, made it clear that any plea deal in front of him would include jail time. Lohan is scheduled to appear again court on March 23.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, 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 lowest possible sentence. The attorneys at 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 877-466-5245 or go to our website at www.wklaw.com for more information.

Under California law petty theft is the taking of property of another valued at less than $950. A first offense is chargeable as a misdemeanor and carries a maximum sentence of six months in county jail. Commercial burglary in California is defined as entering any structure other than a residence with the intent to commit a crime therein. Commercial burglary is a "wobbler" under California which means that it can be charged as a misdemeanor or a felony and can carry up to a maximum of three years in state prison.

Many people are surprised when they are detained for what they believed to be petty theft and are arrested for and charged with commercial burglary. The difference between the two crimes has everything to do with whether the person intended to commit a crime or theft when they entered the building. If they did, then they are technically guilty of commercial burglary. How do you prove what somebody intended when they walked into a store? Police and store Loss Prevention Officers are trained to ask questions to determine whether the person accused of these types of crimes had planned to steal before they entered the store. Other facts such as whether the alleged thief had money in their possession can also play a role in how the prosecutor decides to charge the case.

So, what do you do if you are detained for suspicion of shoplifting in California? The best advice is to invoke your Miranda rights, make no statements, and contact the competent attorneys at Wallin & Klarich immediately.

Property that is taken unlawfully that is valued at $950 or less is considered petty theft under California Penal Code Sections 484-488. Theft that exceeds $950 is Grand Theft.

Stealing and taking away another’s property without that person’s consent is property theft. Most commonly, people who commit shoplifting can be charged with petty theft if the value involved is $950 or less. Another type of theft within this code section includes something that is entrusted to someone who then takes it without the owner’s consent in such cases where there is an employer-employee relationship.

Petty theft punishment includes a fine of no more than $1000, or by imprisonment in the county jail not exceeding 6 months or both.

Grand theft punishment is county jail not exceeding one year or in the state prison unless it was a theft of a firearm which is imprisonment in state prison for 16 months, 2, or 3 years.

If you or someone you love has been accused of a crime in California, contact the experienced San Bernardino criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit the website at www.wklaw.com for a consultation of your case.

Daniel Spitler, 26, and Andrew Auernheimer, 25, were charged with fraud and conspiracy to access a computer without authorization for allegedly stealing the e-mail addresses of over 100,000 Apple Ipad users. They alleged gained access to the information by exploiting an AT&T security weakness.　

The theft of the email addresses allegedly occurred between June 3 and June 8, 2010.　According to the court report, on June 9 the information was given to Gawker.com, which later published an article on the breach. The suspects used a computer script they called "the iPad 3G Account Slurper" which fooled the AT&T servers into thinking that they were communicating directly with an iPad.

Daniel Spitler appeared in federal court and was released on $50,000 bail. The U.S. magistrate ordered him not to use the internet except while at work. Andrew Auernheimer appeared in federal court where he also faces drug charges from the search of his home in June. If convicted, Spitler and Auernheimer could serve a federal prison sentence.

It is alleged that both Spitler and Aurenheimer are part of a hacker group called "Goatse Security."

If you or a loved one is being charged with a federal crime, it is extremely important that you retain a competent and knowledgeable federal criminal defense attorney. The attorneys at Wallin & Klarich have over 30 years of federal criminal defense experience and know how to handle these serious federal criminal matters. Call 1-888-280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.

Doris Payne, an 80-year-old woman from Long Beach who is featured in an upcoming documentary by West Hollywood, was found guilty of commercial burglary and grand theft for stealing a ring from Fashion Valley mall in San Diego. Her sentencing is scheduled to take place on February 9, 2011, and she is facing up to five years and eight months in state prison. Doris Payne is a notorious shoplifter who has been arrested in five different states and served various prison terms over the past fifty years.

According to the prosecution, the surveillance footage recorded in the store showed how she walked up to the jewelry counter at Macy’s because she was looking to buy a gift for her daughter. When Payne distracted the salesperson, she was able to steal an $8,900 diamond ring which she later sold for $1,800.

In California, burglary is defined as entering a dwelling of another with the intent to commit theft or a felony therein. In order to be convicted of this crime, the prosecution must prove that the defendant possessed requisite intent to commit theft or a felony. In Doris Payne’s case, such intent was evidenced from her conduct of taking away without paying a diamond ring which she later sold significantly below its fair market value.

If you have been accused of a burglary or theft, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of these crimes for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-burglary or www.wklaw.com/areas-theft. We will be there when you call

Theft cases with prior offenses can have serious consequences and also risk the possibility of state imprisonment.

It is imperative that the attorney who represents you is knowledgeable of the courts where your case is being heard at and also the prosecution personnel as that could be the difference between state prison, jail time, probation or a dismissal of the case.

Not too long ago our San Bernardino attorneys represented an individual facing state imprisonment for shoplifting clothing at two major department stores within months of each other and the fact that the client had previous theft convictions over the years.

Our San Bernardino Attorneys worked the case and investigated the case vigorously as well as working with the prosecution which resulted in misdemeanor offenses to run concurrent of each other. The client was very happy with the outcome as significant prison/jail time was avoided.

Wallin & Klarich have represented defendants for over 30 years. Our knowledgeable San Bernardino Attorneys can make the difference between your freedom and being locked up for a long time. Contact us now at Wallin & Klarich by calling or emailing us at www.wklaw.com to set up an appointment.

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" »