Former Orange County Sheriff Mike Carona Will Turn Himself In.
Former Orange County Sheriff Mike Carona Will Turn Himself In.
According to his attorney, former Orange County Sheriff Michael S. Carona planned to surrender to authorities on January 25, 2011 to begin serving his 66-month prison sentence for witness tampering. The man once nicknamed "America's Sheriff" was convicted of witness tampering after he was secretly taped having a conversation with then-Assistant Sheriff Don Haidl, in which he urged Haidl to lie to a grand jury investigating his administration. Carona appealed…
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I Need to Expunge My Criminal Record in San Diego. What Should I Do Next?
Expungement is nothing more than a statutory vehicle to dismiss a criminal case under certain specified conditions. Both misdemeanors and felonies may be expunged. Any adult who was granted and successfully completed probation, either by fulfilling the conditions of probation or being discharged before the end of his or her probation period may be eligible for expungement. Individuals who seek to expunge their criminal record must also show that they…
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I’m Facing Extradition – What Should I Do Next?
Extradition is a legal term for sending people from one state to another where they face criminal charges. If you have a criminal matter pending against you in another state and do not show up to court, that state will issue a warrant for your arrest. Once notified, the California law enforcement authorities will arrest you and transfer to that state to answer the charges. It can also work the…
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I’m Charged with Elder Abuse in San Diego. What Should I Do Next?
In California, Penal Code section 368 provides that any person who willfully causes or permits the infliction of unjustifiable physical pain or mental suffering on an elder person is guilty of elder abuse. An elder is anyone who is at least 65 years old. This section also applies to people who have a legal duty to care for the elder, such as personal caretakers or nursing home employees. Because elder…
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I Am Being Charged With Murder In San Diego, What Do I Do? – P.C. 187(a); P.C. 189; P.C. 190(a)
If you are being charged with murder in San Diego, it is important to know what legal consequences you may be facing. Under California law, murder is the unlawful killing of another human being with malice aforethought. (P.C. § 187(a)) First degree murder exists when a person commits murder with premeditation and deliberation or under certain circumstances such as by poison or during a drive-by shooting. (P.C. § 189) To…
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When to File a Criminal Appeal in California
At Wallin & Klarich, we get many calls from people who seek information about criminal appeals due to our expertise in the area. As criminal appellate lawyers we have handled many appeals and writs. One of the most common questions we are asked by clients or potential clients is when is an appeal appropriate. An appeal of a criminal conviction is appropriate when a legal or procedural error occurred. Sometimes,…
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I Was Caught With Marijuana in San Diego. What Do I Do? – H&S Code § 11357; V.C. § 23222
If you were cited or arrested for possession of marijuana in San Diego it is important to know the consequences you may be January 2011, the penalty for possession of up to an ounce of marijuana was changed from a misdemeanor to an infraction, meaning a possible fine of up to $100.00 (H&S Code § 11357; V.C. § 23222.). This means that you cannot face jail time for a first…
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My Name was Placed on CACI in San Diego. What Should I Do Next?
The California Child Abuse Central Index (CACI) is a tool created by the California Legislature to protect the health and safety of children. CACI is a list consisting of names of people who have been investigated or charged with child abuse. The primary purpose of CACI is to permit specified government agencies to locate prior reports detailing investigations of known or suspected child abuse or severe neglect. Every law enforcement…
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A San Diego Court of Appeal Reversed Defendant’s Criminal Conviction Based Upon Prosecutorial Misconduct
Recently, the San Diego court of appeal reversed a criminal conviction because the court found that the prosecution was engaged in a pervasive pattern of misconduct which rendered defendant's trial fundamentally unfair. The reversal was necessary when during a jury trial the prosecutor questioned the defense expert about whether the defense counsel and the expert had worked together on a prior "rape trial" where they "attacked" the victim, and disparaged…
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I’m Charged with Assault with a Deadly Weapon in San Diego. What Should I Do Next?
Assault with a deadly weapon under California Penal Code section 245 is a very serious criminal charge. This charge can be filed as a felony or a misdemeanor, and the person may be sentenced up to four years in state prison. However, if a person commits an assault with a semiautomatic firearm, he or she may be punished by imprisonment up to nine years. Moreover, when a person commits an…
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