Criminal Defense
Governor Signs Law Requiring Videotaping of Interrogations of Underage Suspects in Homicide Cases
California state senator Ted Lieu (D-Torrance) introduced Senate Bill 569 requiring videotaping interrogations during this year's legislative session. The bill was later unanimously approved by the California Senate. On the last day of his legislative calendar, Governor Jerry Brown signed Senate Bill 569 into law. The bill requires the interrogations of underage suspects in homicide cases to be videotaped. Advantages to Videotaping Interrogations of Underage Suspects in Homicide Cases The…
Read More
Gay California Minors Are Protected from Sexual Orientation Conversion Therapy – Senate Bill 1172
Being a teenager is tough. There's so much peer pressure these days. Growing up and identifying as a lesbian, gay, bisexual or transgender adolescent is particularly challenging, and sometimes discouraged or even rejected by parents, religious leaders and professionals in the mental health field. Until recently, some gay minors have been subjected (against their will) to various mental health or medical methods to "go straight." You can be "cured" of…
Read More
Why Defend the Guilty?
The most common question criminal defense lawyers get asked is, "Why defend the guilty?" At Wallin & Klarich, we believe in standing up for the rights of every client we come to represent. Committed and Courageous Criminal Defense Lawyers Often times, the critical role of criminal defense lawyers in our criminal justice system is misunderstood. It is important to understand that criminal defense lawyers are never required to prove their…
Read More
L.A. District Attorney Says Prosecutors Must Turn Over Any Discovery Favorable to Defense Counsel
Recently, the Los Angeles County District Attorney's Office announced an "update" to its policy requiring prosecutors to provide defense attorneys with evidence favorable to their clients. This update clarified the fact that prosecutors are required to turn over "any exculpatory evidence, not just material exculpatory evidence." "The integrity of the criminal justice system requires that prosecutors play fair in seeking justice," said District Attorney Jackie Lacey The update to the…
Read More
Defenses to a Kidnapping Charge in Orange County (PC 207)
You recently threatened to shoot someone outside of a convenience store if he did not drive you to a specified location. Fearful of the consequences, the person drove you to the location and contacted law enforcement personnel shortly after. Now, you are being charged with kidnapping under California Penal Code section 207. Can you be convicted of kidnapping if you did not physically restrain the individual? This type of law…
Read More
Wallin & Klarich May Win Your Case By Filing A Motion To Suppress Evidence (PC 1538.5)
You were recently driving through a residential area of Corona del Mar at 2:00 AM on a Friday night. Despite following all traffic regulations, a police officer stopped you and proceeded to administer a field sobriety test (FST). You are now being charged with a DUI under VC 23152(a). Can you suppress the evidence resulting from the traffic stop? Motion To Suppress Evidence A motion to suppress evidence is a…
Read More
Celebrating the 4th of July in Newport Beach? Watch Out for These 5 Crimes. (PC 240, PC 459, PC 488, PC 647(f), VC 23152(a), VC 23152(b)).
According to the OC Register, more than 100,000 visitors packed into Newport Beach, California to celebrate the Fourth of July in 2012. Newport Beach has approximately 85,000 permanent residents. If you plan to celebrate this year's festivities in Newport Beach, remember to party responsibly. The Newport Beach Police Department's crime statistics indicate that the following five crimes typically experience a significant rise during the month of July: 1. Public Intoxication…
Read More
Top Criminal Defense Attorney Saves Client From Jail Time After Negotiating Reduced Charges For Possession Of A Gambling Device (PC 330a)
Our Wallin & Klarich client recently avoided jail time after his lawyer negotiated reduced charges for possession of a gambling device pursuant to PC 330a. One of our outstanding criminal defense attorneys persuaded the district attorney to allow his client to plead guilty to a reduced charge under PC 330a after he was found to be in possession of an illegal gambling device. If convicted, the client faced up to 6…
Read More
For what types of crimes can a minor be charged as an adult?
You are a 17-year old high school student. After class, you are hanging out by the basketball court. You notice a freshman student listening to his iPod. You tell him to give you the iPod. When he refuses, you pin him to the ground, take his iPod, and leave the scene. Now you are being accused of felony robbery. Will you be charged as a minor or an adult? If…
Read More
Deputy DA Fails To Turn Over Evidence Favorable To Defense Which Leads To Child Molestation Charges Being Dropped
Do not let anyone tell you that Deputy District Attorneys always play by the rules. Some Deputy District Attorneys will stop at nothing to obtain a conviction. This includes refusing to turn over critical evidence to the defense. A Deputy District Attorney's Failure to Turn Over Evidence Recently in the case of People vs. Guittierez, the accused was facing charges of molestation that had allegedly occurred in 2002. The defense…
Read More