Southern California Defense Blog

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" »

With an estimated population of 311,575 in 2008, Riverside, California is the largest city in the Inland Empire region of California, and the 12th largest city statewide. The United States Census Bureau reports that Riverside has a total area of 98.4 square miles, with a population density of 3,267.2 people per square mile. The University of California at Riverside and the Riverside Unified School District employ the largest number of people in the city. Similar to many large cities, Riverside experiences its share of burglary and theft crimes in which those accused deserve a fair trial and legal counsel from an experienced Riverside criminal defense lawyer.

The cost of living in Riverside, California is low in comparison to the rest of Southern California. Crime rates, particularly those involving car-theft, are well above the national average. The presence of street gangs with large membership numbers exasperates the crime problem, and creates confusion among residents as to who is and isn’t a gang member. At Wallin & Klarich, we understand that innocent people can often be blamed for wrongdoing, which creates a definite need for skilled theft attorneys in Riverside.

At Wallin & Klarich, our knowledgeable attorneys are quite familiar with wrongful accusation, and have the experience to help clear your name. If you or a loved one has been accused of a theft or burglary crime in Riverside, please don’t hesitate to contact the criminal defense lawyers at Wallin & Klarich. Restoring your good name is our number one priority, and finding you innocent of criminal charges is the first step in doing so. Call us today for a consultation of your case at 888-280-6839 or visit www.wklaw.com for more information.

Anaheim, California, with its 348,467 residents, is the tenth largest city in California (based on population). Located in Orange County, Anaheim is 50.5 square miles in size, and is a popular Southern California tourist destination. Anaheim is well known for Disneyland, Disney’s California Adventure, and the Anaheim Convention Center. With flocks of families visiting the theme parks and numerous businesses making use of the convention center on a yearly basis, Anaheim is no stranger to burglary and theft in which those accused of such crimes deserve a fair trial and quality representation from a skilled Anaheim theft defense attorney.

Based on its size, Anaheim one of the safest cities in the United States, with crime rates well below national averages across the board. In general, crime rate numbers in Anaheim are about 50% those of national crime rates. In 2003, 1,971 burglaries in Anaheim were reported, as well as 8,475 total instances of theft. These statistics, regardless of the fact that they are below the national average, indicate that Anaheim is in need of skilled burglary defense attorneys to ensure that constitutional rights are withheld.

At Wallin & Klarich, our experienced lawyers understand that criminal accusations are difficult to face alone. If you or someone you love has been accused of theft or burglary, please don’t hesitate to contact our law offices at 888-280-6839 for an evaluation of your case. Our knowledgeable attorneys are here to help you with all aspects of your case, and are prepared to help return a sense of balance to your life. Call us today.

Santa Ana, California is the most populous city in Orange County, with an estimated population of 339,555 as of 2007. If current estimates hold true, Santa Ana’s population will have grown to 355,662 by 2009. Santa Ana, according to the 2000 United States Census, is one of the most densely populated cities in the United States (of cities that have more than 300,000 people), with 12,471.5 people per square mile, ranking behind only New York City, San Francisco, and Chicago. With such a dense population, alleged crimes of theft and burglary are known to be prominent, and with the help of skilled Santa Ana theft defense lawyers, those accused can receive a fair trial and the legal representation and counsel they need.

Santa Ana is the corporate headquarters for companies such as First American Corporation and Behr Paint, and houses the regional headquarters for Xerox and T-Mobile. Though commercial growth has slowed in years past, with the nearby city of Irvine outpacing Santa Ana, new growth continues to contribute to Santa Ana’s economy and financial well-being.

Boosting a projected population growth of about 5% over the last two years, from 2007-2009, Santa Ana is home to numerous people. However, an increase in population growth often translates to an increase in crime rate. Though Santa Ana’s crime rates are below the national average in most instances (arson and vehicle theft are two of the few exceptions), overall Santa Ana theft and burglary crimes are a problem nevertheless. In 2006, Santa Ana, CA reported 8,630 property crimes, a clear indication that the area is in need of a skilled theft and burglary lawyer who can defend those who are unrightfully accused.

At Wallin & Klarich, our dedicated lawyers have years of experience handling both theft and burglary cases. Our skilled Santa Ana burglary defense attorneys will examine every aspect of your case, and will help prove you innocent of wrongdoing. Please call us today for a case evaluation or visit www.wklaw.com and we will see to it that your rights are upheld every step of the way.

Long Beach, California is situated about 20 miles south of downtown Los Angeles. The second largest city in Los Angeles County, Long Beach boasts an estimated population of about 493,000 throughout its 65.9 square miles. Long Beach is home to the Port of Long Beach, one of the world’s largest shipping ports. Aside from shipping, the city’s economy is stimulated through the manufacturing of goods, such as aircraft (Boeing) and automobile parts, is the corporate headquarters for large corporations such as Epson America and SCAN Health Plan, and even has a large oil industry (with oil deposits both underground and offshore). As is the case for most booming cities, Long Beach has alleged incidents of burglary and theft in which those who are accused deserve a just trial and quality legal representation from an experienced Long Beach theft defense lawyer.

With its beautiful coastline and tourist attractions such as the Aquarium of the Pacific and The Queen Mary, Long Beach plays host to large numbers of visitors on a daily basis. In addition, as the fifth-largest city in California in terms of population, Long Beach residents are numerous as well. With such a vast number of people, crime is certain to follow. Though the number of burglaries and thefts in Long Beach has been relatively static over the last two years (13,088 cases in 2007 vs. 13,095 cases in 2008, for a 0.05% increase over the course of one year), there is still a definite need for Long Beach burglary defense attorneys in the area.

Misunderstandings occur on a daily basis, and miscommunication can prompt inaccurate accusations. At Wallin & Klarich, we understand that the accused are not always guilty of the crimes they are charged with. Witnesses can confuse the facts, and innocent people can unjustly be arrested for suspicion of theft or burglary. If you or someone you love has been accused of theft or burglary in Long Beach, don’t let them face their charges alone. Please contact the skilled Long Beach burglary defense attorney at Wallin & Klarich for a case evaluation.

San Diego, CA, located along the Pacific Ocean in the Southwest portion of California, is the eighth largest city in population in the United States. San Diego is 372.1 square miles in size, and enjoys a Mediterranean to Semi-arid climate year round. San Diego’s economy is fueled by defense (home to the largest naval fleet in the world), manufacturing (home to companies such as Qualcomm Incorporated), and tourism (home to numerous points of interest that include the San Diego Zoo and Sea World). Located right on the United States-Mexico border, San Diego consists of an eclectic mix of residents and visitors, and is a blend of cultures from all around the world.

With its proximity to beautiful beaches and other relaxing areas, San Diego is a major tourist hub in the state of California. Tourism, however, tends to attract theft (the unpermitted taking of an item from another person). Burglary, another problem that San Diego is not immune to, is the unlawful entry into a building with the intent to commit theft. Although San Diego theft and burglary rates are below the national averages, theft and burglary are still serious issues that affect both the innocent and guilty alike, creating a definite need for San Diego theft defense attorneys in the area. When cultures mix, the potential for miscommunication is higher than usual. Misunderstandings can arise, and those who are innocent of intent to commit crimes are often labeled guilty due to these misunderstandings.

At Wallin & Klarich, we understand that mishaps occur, and that guilt is not always attributed to the correct person. Legal matters can be stressful and costly, both financially and in terms of diminished quality of life. If you or someone you love has been accused of burglary and theft and is facing charges in San Diego, please don’t hesitate to contact the experienced San Diego burglary defense attorneys at Wallin & Klarich. Call us today at 877-385-4950 for a free evaluation of your case.

Los Angeles, CA is the second largest city in the United States in terms of population. Measuring in at 498.3 square miles, Los Angeles is a hub of commerce and tourism, and is home to over 3.8 million residents. Los Angeles is one of the most diverse cities in the world, with visitors from across the globe choosing to become “Angelinos” everyday. Home to a variety of businesses and companies, Los Angeles is perhaps best known as the center of the entertainment industry, with many film and television studios located within the region. Like many major cities, Los Angeles is prone to theft and burglary crimes in which those who are accused deserve a fair trial, counsel, and representation from a skilled Los Angeles theft defense attorney.

Los Angeles becomes home to new residents on a daily basis and welcomes visitors just as often. Unfortunately with so many people from so many different walks of life intermingling in the city, misunderstandings are a common occurrence, and can have serious repercussions if all of the details are not worked out in a timely manner. Although Los Angeles theft and burglary numbers are below the national average (0.77 and 0.68 times the national average, respectively), there is still a significant need for burglary defense lawyers in Los Angeles that are skilled and prepared to clear the names of those who have been accused of burglary or theft.

At Wallin & Klarich, we understand that mishaps occur and that guilt is not always attributed to the correct person. Legal matters can be stressful and costly, both financially and in terms of diminished quality of life. If you or someone you love has been accused of burglary and theft and is facing charges, please don’t hesitate to contact the Los Angeles theft and burglary defense attorneys at Wallin & Klarich. Call us today for a free evaluation of your case at 888-280-6839.