Criminal Defense
Los Angeles County Sexual Assault Cases to go Unprosecuted
Los Angeles County District Attorney's Office Unable to Prosecute More Than 200 Sexual Assault Cases According to the results of an audit released last month, more than 200 open cases of sexual assault in Los Angeles County will not be prosecuted. This is the result of the LAPD's Scientific Investigations Division failing to test DNA evidence before the 10 year Statute of Limitations passed. The audit further found that…
Read More
California Felony Charges with Great Bodily Injury by Pregnancy
Pregnancy Can Be Considered "Great Bodily Injury" Under California law, anyone who in the commission of a felony "personally inflicts great bodily injury….shall be punished by an additional and consecutive term of imprisonment." (Penal Code §12022.7, subd. (a), italics added.) Under the "one strike law" (§667.61), when a Defendant is convicted of a specified California sex offense, and the jury finds true a 12022.7 allegation, the court must sentence the…
Read More
Immigration Law and Vacating a Plea
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.…
Read More
San Bernardino Family Law and Divorce Attorneys
San Bernardino, California is the county seat of San Bernardino County. Located in the southwestern area of the county, San Bernardino occupies most of the San Bernardino Valley and is a large part of California's Inland Empire. San Bernardino has had the unfortunate distinction as one of America's most dangerous cities from 2003 through 2005. With murder rates among the highest in the country, the criminal defense law firm Wallin…
Read More
Faulty Fingerprinting Analysis Results in Innocent People Being Wrongfully Accused
After an internal investigation by the LAPD, LAPD officials recently acknowledged that two innocent people were wrongfully accused of committing crimes after they were erroneously identified by LAPD fingerprint experts! Even more alarming is the fact that LAPD officials acknowledge that several other individuals were likely wrongfully accused in the past as result of faulty fingerprinting analysis, but they do not have the resources to pay for a thorough audit…
Read More
Riverside Criminal Defense and DUI Lawyers
The Riverside criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending Riverside County clients who are facing criminal charges, including misdemeanors, felonies, federal and internet crimes. Riverside, California is the county seat of Riverside County. Situated near, and named for, the Santa Ana River, Riverside is the birthplace of the citrus industry in California. With its burgeoning citrus industry, Riverside expanded rapidly and continues…
Read More
California Minor in Possession Law Explained
Minor in Possession of Alcohol Many people under the age of 21 think it is okay to consume alcohol as long as they stay under the 0.08% limit. It is true that according to the law, intoxication is defined as having a blood alcohol level of 0.08% or higher and driving under the influence of alcohol if behind the wheel. That law only applies to people who are twenty-one or…
Read More
California Drug Crime Consequences to be Decided on Prop 5
California Drug Offenses There exists a need for expanding access to drug treatment programs for those individuals who need it and will benefit from it. Incarceration is not the answer. California voters passed Proposition 36 in 2000 and now we face another important decision to make with Proposition 5. Prop 5 will take money away from the least effective tool on the fight against drugs - incarceration, and instead shift…
Read More
California Drivers License Suspension for Speeding
Speeding over 100 MPH in California In California you can lose your drivers license if caught driving 100 mph or more. California Vehicle Code 22348(b)(1) allows a judge to leave you with a suspended drivers license for 30 days if your caught doing 100 mph. Most courts, including San Diego, will never tell you until its too late. Speeding tickets in California are infractions. That means you cannot be sentenced…
Read More
California Criminal Defense Attorneys Must Keep Their Clients Informed
You Need a Lawyer Who Tells You What Your Rights Are A recent appellate decision came down where judges reiterated the fact that lawyers need to tell clients what their rights are. Most California criminal defense lawyers of course know that part of their job duties includes telling their clients what their rights are. Apparently, however, not all attorneys communicate very well with their clients. Apparently, not all attorneys make…
Read More