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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

Double Jeopardy and Vehicular Homicide

Posted on August 28, 2009
The California Supreme court determined in People v. Traylor, that a defendant could be tried under a second complaint for negligent vehicular manslaughter when the first complaint, vehicular manslaughter with gross negligence, had been dismissed. In California, even though the original charge had been dismissed, a second charge could be filed based on the exact same conduct...

Ontario Criminal Defense and DUI Attorneys

Posted on August 27, 2009
Ontario is a flourishing city in San Bernardino County, California. Ontario?s population, which was estimated to be 171,691 in 2000, has increased to nearly one hundred times the size it was one hundred years ago. Today, it hosts a small international airport and an ECHL hockey team, the Ontario Reign...

OC Mom Admits Running High End Prostitution Ring

Posted on August 27, 2009
An Experienced Criminal Defense Attorney Can Effectively Guide a Person through the Severe Charges They Face and Provide a Persuasive Defense A KTLA.COM news report has detailed the story of an Orange County mom who ran a high end prostitution ring. The mother of two pleaded guilty to money laundering and transporting a person from Orange County to New York City for purposes of prostitution...

What Standard is Used to Determine Whether an Officer Had Probably Cause to Arrest?

Posted on August 26, 2009
Probable cause to arrest exists when the facts known to the officer and the inferences that can be fairly drawn therefrom would cause a reasonable and prudent person to believe that the suspect has committed a crime. Beck v. Ohio, 379 U.S. 89 (1964). In essence, probable cause is a reasonable belief that a suspect is about to commit, is committing, or imminently will commit a crime...

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Chris Brown Setenced For Rhianna Assault - Avoids Jail Time

Posted on August 26, 2009
CHRIS BROWN AVOIDS JAIL TIME DUE TO HIS WISE DECISION TO HIRE AN EXPERIENCED CRIMINAL DEFENSE LAWYER WHO KNEW ABOUT ALTERNATIVES TO JAIL TIME Singer and R&B star Chris Brown was sentenced yesterday for his February assault on his former girlfriend, pop star Rihanna...

California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part II

Posted on August 25, 2009
A previous article began the discussion of how the California Supreme Court decided in March 2009 that immigrants facing deportation are no longer provided with the option of two common post conviction challenges. These include the legal procedures of a writ of habeas corpus and a write of error coram nobis, which provide post conviction relief if immigration consequences have been altered...

Irvine Criminal Defense and DUI Attorneys

Posted on August 25, 2009
Located in Orange County, Irvine has an estimated population of 207,500. Irvine is home to many Universities and is located closely to popular beach sites such as Laguna and Newport. In 2008, Irvine was chosen by CNNMoney.com as the fourth best place to live in the entire United States due to its good housing, jobs, and schools...

California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part I

Posted on August 24, 2009
The California Supreme Court ruled in March 2009 that immigrants who are facing deportation may no longer rely on two common post-conviction challenges: the legal procedures of a writ of habeas corpus or a writ of error coram nobis that provide post conviction relief if immigration consequences have been altered...

Can an Officer Just Stop You for Any Reason?

Posted on August 23, 2009
Comments from a Traffic Ticket and Criminal Defense Attorney Officers may stop and detain a vehicle upon reasonable suspicion of any traffic offense, no matter how minor the offense. The scope of the initial traffic detention will depend on the reason for the initial stop, as well as the facts developed during the stop...

No Legal Obligation for a DUI Arresting Officer to Advise a Suspect of their Miranda Rights

Posted on August 22, 2009
Comments From a California Criminal Defense Attorney The Courts have held that the questions asked by a police offer during a California DUI stop are asked before the person is in custody for purposes of Miranda. Meaning, in most instances, there is no legal obligation for an arresting officer to advise a suspect of their Miranda rights...

No Reasonable Suspicion is Required Prior to Asking for Voluntary Consent to Search a Vehicle at a Traffic Detention

Posted on August 21, 2009
Most courts rule that no reasonable suspicion is required prior to asking for voluntary consent to search a vehicle at a traffic detention. (United States v. Burton, 334 F.3d 514, 2003). However, the prosecution carries a heavy burden to show that the consent was truly voluntary (United States v...

San Bernardino Criminal Defense and DUI Attorneys

Posted on August 20, 2009
The city of San Bernardino stretches 78.5 square miles in size, and is part of California?s Inland Empire. Housing an estimated population of 205,010 as of 2006, San Bernardino is the 18th largest city in California based on population, and is located at the foothills of the San Bernardino Mountains...

Officers Must Have Facts Demonstrating a Sufficient Connection Between the Suspect and the Drugs to Find Possession

Posted on August 20, 2009
Wallin & Klarich Defense Attorneys Elaborate To show that a suspect constructively possesses contraband and therefore may be arrested, an officer must have facts demonstrating a sufficient connection between the suspect and the drugs/contraband. This connection must be sufficient enough to infer that the suspect had both the power and intent to exercise dominion and control over the contraband...

California Law Allows All Arrest and Prosecution Records Sealed and Destroyed When a Petition for Factual Innocence is Granted

Posted on August 19, 2009
Being arrested can be one of the most frightening and stressful experiences an individual can go through. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long lasting. However, under certain circumstances, the California Penal Code allows for all records of an arrest to be sealed and destroyed through a Petition for Factual Innocence...

Huntington Beach Criminal Defense and DUI Attorneys

Posted on August 18, 2009
Located in Orange County, Huntington Beach, California is known for its picturesque beaches and preserved wetlands. With a population of just about 190,000 as of the 2000 United States census, Huntington Beach is 31.6 square miles in size. Commonly referred to as Surf City, Huntington Beach hosts a variety of surfing events each year, consequently drawing even larger crowds to it?s already much visited beaches...

Probable Cause to Arrest Does Not Necessarily Ensure a Conviction

Posted on August 18, 2009
What an Experienced Criminal Defense Attorney Can Do For You There are numerous widely accepted sources of probable cause to arrest. Some of those include: Crime in the Officer's Presence: an officer can always arrest a person for a crime committed in the officer's presence, no matter how minor the crime...

Every DUI in California Will Trigger Two Separate and Distinct Cases

Posted on August 17, 2009
Why you Need a DUI Attorney Most DUI arrests in California will trigger two separate and distinct cases: one, a criminal court case, and the other, an administrative matter with the Department of Motor Vehicles. In most DUI arrests the arresting officer will take away your driver?s license and hand you a pink sheet of paper entitled, ?Notice of APS Action and Temporary License?...

Several Grounds Give Law Enforcement Authority to Make a Misdemeanor Arrest

Posted on August 16, 2009
Comments from a Wallin & Klarich Criminal Defense Attorney There are several grounds that give law enforcement authority to arrest for a misdemeanor offense. Both statute and common law give authority to arrest for a misdemeanor committed in the officer's presence...

Know the Rules of the Road: Failure to Yield Tickets Part II

Posted on August 15, 2009
In a previous article, we provided some of the most common failure to yield traffic violations that drivers make the mistake of committing. Everyone knows that speeding or running a red light or stop sign can result in being pulled over and being given a traffic ticket for a momentary lapse in judgment...

Know the Rules of the Road: Failure to Yield Tickets Part I

Posted on August 14, 2009
Being sighted for one of the many traffic violations in California associated with failing to yield can end up costing you hundreds of dollars in fines, a suspension of your license, and even a raise in car insurance premiums. To help prevent having to deal with these consequences, here are a few of the most common failure to yield violations to become familiar with...

Glendale Criminal Defense and DUI Attorneys

Posted on August 13, 2009
Housing a population of 207,303 as of January 1, 2009, Glendale, California is the third largest city in Los Angeles County. Spanning 30.7 square miles, Glendale has an estimated population density of 6,770.6 people per square mile. Glendale is home to entertainment giants such as The Walt Disney Company and Dreamworks SKG, and multinational companies such as Nestl�...

Immigration Officers Arresting Suspected Illegal Aliens in Los Angeles Immigration Courtrooms

Posted on August 13, 2009
A recent report in the Los Angeles Daily Journal indicates that in the last few months several suspected illegal immigrants were arrested inside downtown Los Angeles immigration courts while they waited for their court hearings to begin. One local Immigration attorney stated that these arrests are ?shocking?...

Paul Wallin Selected as One of Orange County's Top Defense Attorneys

Posted on August 12, 2009
Senior partner Paul J. Wallin was selected as one of the top criminal defense attorneys in Orange County by OC METRO magazine in their August, 2009 publication after conducting a "comprehensive look at the men and women who are shaping and leading the important and vibrant law industry in Orange County...

Do I Really Know Who I am Talking to Online?

Posted on August 11, 2009
Tips from a Criminal Defense Attorney It?s a question that you may ask yourself after hearing about men being arrested for having sexual relationships with underage girls that they met online. In one case, a man in his 50s portrayed himself as being in his early 20s, met a 14 year old girl online and began having an online relationship with her...

Chula Vista Criminal Defense and DUI Attorneys

Posted on August 11, 2009
The southern San Diego County city of Chula Vista, California boasts a population of 217,478. The second largest city in San Diego County according to population, Chula Vista is 51.2 square miles size. With over 20% population growth since the year 2000, and its close proximity to the California coast, Chula Vista welcomes more and more people every year either as new permanent residents or tourists...

Why an Arresting Officer?s Failure to Give Miranda Warnings Will Not Result in a DUI Case Being Dismissed

Posted on August 10, 2009
Tips From a DUI Attorney Miranda warnings are intended to prevent overreaching by law enforcement in situations that are deemed inherently coercive. This specifically applies to those law enforcement encounters in which there is a ?custodial interrogation...

Juvenile Strikes in California Count

Posted on August 09, 2009
Why You Should Call a Juvenile Defense Attorney The recent case of Superior Court v. Nguyen held that a juvenile adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California?s Three Strike Laws will count as a strike if that juvenile offender commits another felony...

What You Might NOT Know About DMV Hearings

Posted on August 08, 2009
Tips From a DMV Attorney Many people arrested for a DUI do not demand a DMV hearing in California within the required time limit and the result is that their driver?s license is suspended. Some people think that you have a choice between having a DMV hearing and having a Court hearing...

A Felony Arrest Will Be Deemed Unconstitutional in Violation of the Fourth Amendment if the Arrest is Not Supported by Probable Cause

Posted on August 07, 2009
Insight from a Criminal Defense Lawyer An officer can generally arrest without a warrant for a felony in California not committed in the officer's presence. However, there must also be probable cause to believe that the felony was committed and that the suspect committed it, and the arrest must be in a public place...

Tension between Pretextual Stops and Profiling Stops

Posted on August 06, 2009
Trained Perspectives From a Criminal Defense Attorney The pertextual rule of UNITED STATES v. WHREN (Whren v. United States, 517 U.S. 806, 1996) allows an officer to stop a vehicle any time the officer has reasonable suspicion of a violation, even if the officer has hopes or intentions of finding evidence of a more serious crime...

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