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Criminal Law

Southern California Criminal Defense Blog

Information about California Defense Law as well as up-to-date news from the legal sector.
By Walin & Klarich

Post Frequency: 9.1/day

Last Entry: April 01, 2011 at 15:11:30

Death Penalty Conviction Overturned Due to an Attorney's Ineffective Assistance of Counsel

Posted on December 04, 2009
The Ninth Circuit Court of Appeals recently overturned a defendant?s death penalty finding that his lawyer did not provide effective assistance of counsel. In 1982, in an Arizona state court, Laurence Libberton was convicted of the murder of Juan Maya...

Ventura County CHP Officer Convicted of Hate Crime

Posted on December 03, 2009
If any of you were arrested by the CHP in the Ventura area, it might be worth your while to ask your lawyer to give you a copy of the police report and check out the police report. This is especially true if you think that the cop was lying in your report about some of the facts in your case...

Simi Valley Reckless Driving and DUI Attorneys

Posted on December 03, 2009
Simi Valley is Ventura County?s third biggest city with an approximate population of 126,300. As a diverse community in Southern California, Simi Valley is surrounded by beautiful hills and mountains. Covering about 42 square miles, the vast city has convenient access to Highways 118, 23, 101 and Interstates 5, 405, and 210...

Gov. Schwarzenegger Signs New Bill to Require First-Time DUI Offenders in Los Angeles County to Install Interlock Devices

Posted on December 02, 2009
Recently, California Governor Arnold Schwarzenegger signed Assembly Bill 91, otherwise know as AB 91, creating a pilot program in Los Angeles County as well as in three other California counties that will effect first time Driving Under the Influence (DUI) offenders in Los Angeles County...

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California Supreme Court to Hear Riverside Dismissal Cases

Posted on December 01, 2009
In a follow-up to a blog previously posted on this site, the California Supreme Court has decided to review to Riverside County criminal cases that had been dismissed for lack of a judge to hear them. The case that was previously posted on and that is currently under review by the California Supreme Court is People v...

Van Nuys Reckless Driving and DUI Attorneys

Posted on December 01, 2009
Van Nuys is located in the center of the San Fernando Valley within Los Angeles County. With an approximate population of 136,443 in 2000, the city of Van Nuys continues to grow as it attracts more and more residents each and every year. Van Nuys Boulevard, the main street in Van Nuys, is well-known for its spread of car dealerships...

Violation of a Restraining Order

Posted on November 30, 2009
If you have been accused of violating a restraining order, you may be considered to be in contempt of court. A violation of a restraining order can lead to a misdemeanor or felony charge. Generally, if it is a first offense it will be charged as a misdemeanor...

Restraining Orders in California

Posted on November 29, 2009
Restraining orders are court orders that prohibit one person from contacting another person. In the state of California, there are various types of restraining orders. Emergency Protective Order (EPO) ? This type of restraining order goes into effect immediately but is not long-lasting...

Shoplifting in California

Posted on November 28, 2009
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...

What is the Difference between First and Second Degree Robbery?

Posted on November 27, 2009
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...

Appealing a Confession: What Counts as Voluntary?

Posted on November 26, 2009
A recent California Supreme Court opinion held half of a defendant?s statement to be inadmissible because it was coerced by the police. However, the first part of the statement was still enough for the jury to convict the defendant of a double murder...

Torrance Reckless Driving and DUI Lawyers

Posted on November 26, 2009
The city of Torrance is situated within Los Angeles County and has an approximate population of 140,820. With its secure communities, successful businesses, moderate weather, and easy access to beaches, the population of Torrance is likely to only increase...

Why You Need a Riverside Drug Defense Attorney

Posted on November 25, 2009
In late September, Border Patrol Agents seized more than 15 pounds of crystal meth during a traffic stop on I-15 in Temecula, CA. It was reported by a U.S. Customs and Border protection news release that agents ?spotted? a 23-year-old woman driving north in a Ford Focus near Winchester Road about 10:15 a...

Palmdale Reckless Driving and DUI Lawyers

Posted on November 24, 2009
Located within the northeast region of Los Angeles County, the city of Palmdale has witnessed a tremendous increase in population over the recent years. Mostly full of family communities, Palmdale?s popularity and growth has made it the largest desert city in California with an approximate population of 151,346...

Court Rules that Defendant Was Not Denied Right to Cross Examine a Witness that Was Deaf, Could Not Speak, and Never Learned Sign Language

Posted on November 24, 2009
The United States Constitution gives defendants the right to cross-examine witnesses against them in criminal proceedings. A defendant in California appealed his conviction of murder on the grounds that he was unable effectively to cross-examine the prosecution?s key witness...

Am I Eligible for a Certificate of Rehabilitation?

Posted on October 01, 2009
Have you been convicted of a Felony in California, or been convicted of a Felony or Misdemeanor sex offense that requires you to register as a sex offender? If so, you may not have to carry the weight of your past on your shoulders anymore. With a Certificate of Rehabilitation, you can move on with your life...

San Diego Reckless Driving and DUI Attorneys

Posted on October 01, 2009
San Diego is the eighth biggest city in population in the United States. Located in the Southwest area of California along the Pacific Ocean, San Diego is 372.1 square miles in size. With its closeness to beautiful beaches and other relaxing areas, San Diego is a major tourist center in the state of California...

U.S. Attorney Misconduct Leads to Another Overturned Conviction

Posted on September 30, 2009
Why Having an Experienced Criminal Defense Attorney Can Make a Difference A U.S. District Judge recently ruled that supermarket mogul George Torres did not get a fair trial after it was discovered that the federal prosecutors failed to provide the defense with evidence that harmed the credibility of two key witnesses...

Crime Down in Los Angeles

Posted on September 29, 2009
The Los Angles County Sheriff?s department announced this week that the overall crime rate in Los Angeles County has dropped in 2009! According to its statistics, property crimes dropped 11% compared to 2008. Moreover, homicides in Los Angeles County dropped 23...

Los Angeles Reckless Driving and DUI Defense Lawyers

Posted on September 29, 2009
As the largest city in California and the second largest in the U.S., Los Angeles has much to offer its residents and the hundreds of tourists who visit throughout the entire year. Also known as the ?City of Angels?, Los Angeles had an estimated population in July 2008 of 3,833,995 occupying its 498...

Facebook Poll on Assassination of President Leads to Criminal Investigations: Why It's Never Too Early to Hire an Attorney

Posted on September 29, 2009
The Secret Service is investigating an online survey that asked whether people thought President Obama should be assassinated. The poll was quickly taken off of the popular social networking site, Facebook, after company officials were alerted to its existence...

Getting a Governor's Pardon, Getting Your Life Back!

Posted on September 28, 2009
Have you ever been convicted of a Felony, or of a Misdemeanor Sex offense in California? Are you embarrassed by your record and constantly reminded of your mistakes? Do you wish to have your rights restored? Such as being able to serve on a jury, or being employed as a state parole officer or as a county probation officer? Do you want to be able to own or possess a firearm? If so, a Governor?s Pardon is what you are looking for...

Defendant Convicted of First Degree Murder Has Sentence Overturned Based on Insufficient Evidence

Posted on September 27, 2009
Why You Need an Experienced Criminal Defense Lawyer on Your Side The Ninth Circuit Court of Appeals recently overturned a first degree murder conviction in US v. Begay (2009 DJDAR 7955). Begay was convicted of two counts of first degree murder and two counts of using a firearm during a crime of violence...

Serious Criminal Case Dismissed in Riverside County Due to Lack of Courtrooms

Posted on September 26, 2009
On March 7, 2006, Tony Wagner and his friend, Scott lamb, went into a residence occupied by Jerry Jackson in the city of Hemet, California, which is located in Riverside County. They were accompanied by Jackson?s ex-girlfriend, Celeste Trzepacz, who wanted to get her dog back form Jackson...

Under California's Felony Murder Rule, an Unarmed, First-Time Offender Served 29 Years in Prison for Waiting in a Getaway Car During a Robbery

Posted on September 25, 2009
Connie Keel was charged with first-degree murder for participating as an aider and abettor in the robbery of a liquor store that resulted in the death of the store clerk. Keel was convicted of murder in California at her 1981 trial, even though she was never accused of killing anyone with her own hands...

More on WIT Court ? Once Accepted into WIT Court, What Are the Benefits?

Posted on September 24, 2009
The last two days, we have been blogging on WIT Court. But I am sure most readers are wondering; what is the benefit of being in this program anyway? A participant is accepted into WIT Court program after pleading guilty to a non-violent criminal offense...

Simi Valley DUI and Criminal Defense Attorneys

Posted on September 24, 2009
As Ventura County?s third biggest city, Simi Valley had an estimated population of 126,300 in August 2009. Located in Southern California, Simi Valley is considered to be quite hidden by hills and mountains, but that doesn?t stop new inhabitants from joining the community...

More on WIT Court ? How You or Your Loved One Can Get Accepted into this Program

Posted on September 23, 2009
"WIT" Court or "Whatever it Takes Court" is a collaborative court program that seeks to aid those who are mentally ill and on the verge of homelessness to stabilize their life through treating the mental illness. As mentioned in yesterday?s post, to be eligible for the program the defendant must have (1 )a ?serious and persistent? mental health disorders, (2) must be homeless or on the verge of homelessness and (3) must have ?non-violent? charges...

Van Nuys DUI and Criminal Defense Attorneys

Posted on September 22, 2009
The city of Van Nuys occupies the center of the San Fernando Valley region of Los Angeles. Its main street, Van Nuys Boulevard, is known for its vast array of car dealerships. The TV show Beverly Hills 90210 was filmed on a set in Van Nuys. The city had an estimated population in 2000 of 136,443 people...

"Whatever it Takes" Court or "WIT" Court Helps Those Who Committed a Crime Because of a Mental Illness

Posted on September 22, 2009
An Experienced Criminal Defense Lawyer is Knowledgeable About All Rehabilitative Court Programs Whatever it Takes or WIT Court is a collaborative court program similar to DUI or Drug Court in Orange County. However, unlike DUI or Drug Court, WIT is a judicial construct, not a legislative one...

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