Southern California Defense Blog

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" »

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.

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.

I AM BEING CHARGED WITH SHOPLIFING, DO I NEED A SHOPLIFING ATTORNEY?

Shoplifting is not a crime in California, but a name for a certain kind of theft. Because most people who commit shoplifting steal items worth less than $400, it is usually charged as petty theft and is most likely to be a misdemeanor. In fact, for theft of items worth less than $50, prosecutors may also choose to charge it as an infraction, a category of crime below a misdemeanor. But if you’re charged with a repeat shoplifting offense or you’re charged with stealing goods worth $400 or more, you will likely be charged with felony shoplifting (grand theft or felony petty theft).

Shoplifting is one of the most common theft crimes in California. Teenagers testing their boundaries and older folks who simply forget to pay are two groups commonly charged with shoplifting. Other commonly charged groups are people who steal for psychological (rather than financial) reasons and people who have substance abuse problems. Severe criminal charges and jail time may not be appropriate for these offenders. Our experienced California shoplifting defense attorneys can make a substantial difference, especially if they can step in during the early phases of a case.

Fortunately, Wallin & Klarich has several options for defending a shoplifting charge or reducing its penalties. In cases involving very minor theft or absentmindedness, we can often negotiate directly with the store to return the items or pay restitution, keeping the matter out of the criminal justice system altogether or allowing us to ask for dropped charges. There are several alternative sentencing options available, including community service, counseling, drug court or work-release. We can also negotiate lowered charges in many cases, reducing felony petty theft to a misdemeanor or allowing people charged with misdemeanor petty theft to avoid jail by pleading to trespassing instead.

Continue reading "Charged With Shoplifting In California?" »

The Difference Between a Public Defender and a Privately Retained Attorney for Felony Matters

At Wallin and Klarich we receive calls from prospective clients all the time who are worried about the representation they are receiving from the public defender. We often tell people that while the public defenders try hard on their cases, that often they have a very high number of serious cases that they are trying to handle at the same time. We tell people that it is often a better idea when they are facing the possibility of going to jail that they “invest” money in their freedom and hire an experienced southern California criminal defense law firm like Wallin and Klarich to help them.

An example of why we suggest that is what happened today in court when Wallin and Klarich were presenting one of three young men who were accused of stealing laptops from a local college bookstore. The other two defendants were represented by public defenders. The judge had offered 120 days in custody and a felony conviction for all three defendants. The two public California felony defense lawyers who were representing the other two young men appeared to be fine with the judge's offer and said they would recommend it to their clients. However, this offer was totally unacceptable to Wallin and Klarich for our client.

Our client was a good young man who had been accepted to a good college on a scholarship. He was a student athlete and we were able to present to the judge many letters on our clients behalf. We informed the court that our client could not ruin his life with having a felony on his record. We told the judge that our client had been “punished by his parents” and was humiliated by the experience. He convinced the judge that our client should have his felony reduced to a misdemeanor. The judge agreed. However, Wallin and Klarich was not nearly done.

Continue reading "Felony Theft Charges Handled Differently by Public Defender than Private Attorney" »

Los Gatos chiropractor to serve two years in prison for insurance fraud

Robert Arnold Demarco, a 42-year-old chiropractor was convicted of defrauding insurance companies of more than $250,000 by over billing for services he didn’t perform.

The Los Gatos Chiropractor was sentenced to two years in state prison by Santa Clara Superior Court after pleading guilty to one count of felony grand theft in California and one count of false insurance claim. Along with the prison sentence, which began on Monday November 3, 2008, the conviction instigated an investigation by the California Board of Chiropractic Examiners which could ultimately revoke Demarco’s chiropractic license.

The two year prison sentence for the insurance fraud, prosecutors say, came due to the amount of money that was involved and Demarco’s refusal to pay back the money. Regardless, the two year sentence is a very steep one for this crime and may raise eyebrows as to what kind of work Demarco’s defense lawyer did. With proper legal representation, one always has the best shot at (1) freedom and at very worst a fair and thorough trial and sentence. Unfortunately for Demarco it does not seem that his defense attorneys did all they could as he is serving prison time.

The Santa Clara criminal defense attorneys at Wallin & Klarich have over 30 years of experience in criminal defense and are sure to get you the help you need. Call us 24 hours a day 7 days a week at 1-888-749-0034 to speak to one of your qualified and aggressive criminal defense attorney that will put everything they have into defending you and getting you the best result possible in your criminal matter. Visit us at www.wklaw.com

People v. Akhile

For those considering filing a motion to vacate a plea based on Penal Code Section 1016.5, familiarity with this case is a must.

In the above case, Appellant is a Native of Nigeria who entered the United States on a Tourist Visa and never left. In February of 1992, Appellant plead guilty to grand Theft and Embezzlement. The Trial Court sentenced him to two years state prison. Deportation proceeding began in 1993 and the Board of Immigration Appeals affirmed his deportation based on the 1992 conviction. Appellant argued that he did he was never aware of the immigration consequences of his plea.

Upon review, the record reflected that the Trial Court informed the Appellant of the immigration consequences at arraignment but not at the time of the plea. On appeal, the court vacated Petitioner’s plea on the basis that California Penal Code section 1016.5 requires that the Trial Court advise defendants of the adverse immigration consequences at the time of the plea.

Why is this case important? Because in instances where a Defendant was convicted of a white collar crime and the Trial Court fails to advise him or her of the immigration consequences at the time of plea, there are very good grounds to have the plea vacated.

Continue reading "Immigration Law and Vacating a Plea" »

A recent Court of Appeals decision held that dormitory hallways have the same privacy protection as inside a home.

The case regarded an incident on a college campus in which campus police were investigating a dormitory burglary that occurred in February of 2006. A police officer stopped at a sixth floor door after hearing music and voices. The officer attempted to draw the students out of their room by covering the peephole, knocking, and saying “this is Matt.” He eventually identified himself as an officer, at which point a student named Jacob Houvener opened the door. Inside the room were a stolen laptop and guitar.

The Trial Court Judge dismissed the burglary charges against Houvener, stating that the students had a reasonable expectation of privacy. The sixth floor students constituted a group of residents that were independent from those of other floors. Frazier believed that Kuhrt overstepped his position by listening and sniffing at students’ doors. Frazier noted that students share a communal bathroom and study area and that public access is limited to residents and their guests.

The college rewrote its regulations after losing the case. The counsel involved in the case thinks that this attempt “to get around the Fourth Amendment is bizarre,” and warns that if colleges continue such patrols, they risk having significant criminal cases thrown out.

If you or a loved one believes your rights were violated in a criminal matter or need assistance from a California burglary defense attorney, call Wallin & Klarich. Wallin & Klarich has over 30 years experience with such cases and can give you the help you need. Call us 24 hours a day, 7 days a week at 888-749-0034 and visit us at www.wklaw.com.

In was recently reported that a man complained that his server had poured coffee on his suit jacket and the jacket was part of a $1,500 suit and he demanded that the restaurant reimburse him $1,500. When the restaurant manager contacted the store where he had purchased the suit they were told that the man had made the same claim two weeks earlier at another restaurant.

The restaurant manager proceeded to contact the police department and the man was arrested on criminal charges of attempted grand theft and is sitting in the jail in lieu of $20,000 bail and facing felony charges. If you know of anyone who might think that making such false complaints can gain them an advantage it would be a good idea to tell them that making up such stories can have very negative consequences including going to jail.

IF you or a loved ones find yourselves facing any type of legal problem do not hesitate to contact Wallin and Klarich and we will be there to help you. You can visit us at www.wklaw.com and call us toll free 888-749-0034, we will be there when you call.

Shoplifting is the crime of stealing, or making an effort to steal, or intentionally paying less than the full amount for products or goods in a store. Shoplifting can include taking something without the intention of paying for it, hiding, concealing, or modifying a store’s goods (including the price tag) with the intention of stealing it or unlawfully paying less that it is being sold for.

In California, shoplifting goods with a value less than $400 may constitutes a petty theft misdemeanor charge. Shoplifting goods with a greater value may constitute a grand theft or larceny felony charge. The charges for shoplifting also depend on whether a person has a criminal history of shoplifting and other specific factors.

The penalties for shoplifting vary by circumstance and location but can include fines up to two times the amount of the value that was stolen, prison or jail time, and community service. In some cases compensatory fines may also be assessed in shoplifting cases in order to compensate a store owner for his or her losses.

If you would like to learn more about shoplifting, you may wish to contact a qualified and experienced legal expert from Wallin & Klarich who can advise you of your legal rights and options. An attorney can help to protect and maximize your legal interests in a shoplifting case.

Call Wallin & Klarich at 1-888-749-0034 and we can answer any legal questions you may have.

It has always been believed that for someone to be guilty of burglary they would have to actually enter the victim’s home or a business to commit a crime. However, a recent case has been decided by the court of appeals that expands the definition of burglary. In the specific case in question, the accused was very upset with the victim and so he kicked the defendant’s door down. When he did so the owner of the home ran out of the house and the defendant did not physically enter the home. The court of appeals has held that you may be found guilty of burglary even if you do not physically enter the residence of a person. This means you can be found guilty of a felony burglary charge and sentenced to state prison due to the act of kicking down a door.

BE WARNED. Be careful what you kick.

If you have questions about how we can assist you with your pending burglary case or with any other criminal matter do not hesitate to contact Wallin & Klarich 24/7 at 888.280.6839.

Monday morning, 8:30a.m. A well-dressed lady with an unintelligible accent pleads with the judge that she is not guilty of seven counts of welfare fraud. The judge has none of it; and sets bail at seventy-five thousand Dollars. “I didn’t do it. I swear I didn’t do it.” She cries as she’s taken into custody.

It doesn’t have to be this way. A client of mine was recently accused of 5 counts of forgery. He retained my office right after he was contacted by the cops. Luckily he had not given a statement to them. Wallin & Klarich and the client immediately retained the services of a handwriting expert. We forwarded all previous signature and handwriting samples to the expert and got his opinion two weeks thereafter.

Continue reading "THAT’S NOT MY SIGNATURE! SOMEONE STOLE MY IDENTITY!" »

Have you ever been at the mall in the department store and saw a pair of sunglasses that you really wanted but you didn’t have the money to purchase them? So you put them into your shopping bag and walked out of the store. However, as you were approaching your car, a loss prevention officer stops you, the police are called, and you are arrested on suspicion of petty theft (484 PC). You think to yourself, I am not a criminal. I have no criminal record and I just acted on impulse. I did not go into the store contemplating stealing. I cannot afford to have a misdemeanor (or felony) conviction on my record.

If you have a story similar to this, believe it or not, you are not alone. Thousands of people in California are picked up on suspicion of shoplifting each year.

So you say to yourself, “what options do I have?” I am caught on camera stealing and they found the merchandise right in my bag. Well, at Wallin & Klarich, our California criminal defense attorneys are very familiar with these types of stories and have handled numerous of these types of cases. Our attorneys have helped clients avoid felony and misdemeanor theft convictions, even when clients have been caught “red-handed.”

This is because there are alternatives! First, there is a possibility that the offense can be reduced down to an infraction, where only a fine is required. There is also a possibility of getting a Civil Compromise. Under this scenario, the criminal case against you is considered “Civilly compromised” pursuant to PC 1377-1378 and you will end up with zero conviction on your record. Lastly, there is also a possibility that you may be able to take a “shoplifting class” and upon proof of completion of the class, have your case dismissed without a conviction!

It varies from court to court as to how your shoplifting case might end up. However, a lot of it has to do with how well versed and creative your attorney is in sentencing alternatives and how well he knows the particular court, the Judges, the District Attorneys, and/or the City Attorneys. At Wallin & Klarich you can be confident that you will get the best possible representation and receive the best possible outcome to your shoplifting case or any other possible criminal case that you might have pending.

During this holiday season, most citizens of San Diego spend their weekends shopping for gifts for family and friends. We are all under a great deal of pressure to get the best presents for everyone we know. Many people succumb to the stress and pressure. When they realize they don’t have the money to buy the gifts they so badly want to buy for their loved ones, they resort to stealing.

At Wallin & Klarich, during this time of year we typically get many calls from people arrested for shoplifting. This year has been no different. Most of our calls from people arrested at retail stores that sell electronic products. Each retailer has a staff of loss prevention officers. During this time of year, more and more loss prevention officers are needed, and they keep a watchful eye.

We hope you do not become one of those arrested for theft. If by chance you are accused of stealing at a retail store, here are some words to the wise:
- Exercise your right to remain silent
- Do not provide anyone with a written statement
- Do not speak with any retail employee about the situation
- Do not speak with any law enforcement officer about the situation

Many people think that if they cooperate with the detectives and loss prevention officers, that they will be treated with lenience and they will not be arrested or taken to jail. This may or may not be the case. But when you talk, you are providing evidence against yourself. I think you will agree that it is better to go to jail for a night, then be charged with a felony burglary charge and end up facing years of prison.

If by chance you have been arrested or cited for stealing, theft, or burglary, you would be wise to speak to an experienced San Diego criminal defense lawyer about your rights and about what lies ahead. If you have any questions, call Wallin & Klarich to speak to criminal defense lawyers who work in San Diego. You can also check us out at our website www.wklaw.com.