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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

California Appeals and Supreme Court Affirm DUI Charges Followed a Lawful Stop

Posted on January 03, 2009
People v. Raymond C. (2008 DJDAR 18112) Traffic stop is reasonable where juvenile failed to place temporary operating permit in preferred rear location of vehicle In this companion case to People v. Hernandez (Dec 12, 2008, S150038), the Court concluded that the officer acted with sufficient particularized suspicion to justify the traffic stop...

California Appeals Court Reverses Drug Conviction on Unreasonable Stop

Posted on January 02, 2009
People v. Hernandez (2008 DJDAR 18109) Officer may not stop vehicle displaying temporary operating permit in lieu of license plates on hunch that permit is forged The California Supreme Court recently held that an officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid...

STATE PARDON DOES NOT ENTITLE INADMISSABLE ALIEN CONVICTED OF CRIME RELATED TO CONTROLLED SUBSTANCE TO WAIVER OF DEPORTABILITY

Posted on December 31, 2008
A recent 9th Circuit Court of Appeal decision held that a state pardon does not remove all legal consequences of a conviction. This case involves an illegal alien who had a long history of illegal presence in the United States. On February 4, 1993 he pled guilty to unlawful possession of cocaine...

San Diego Criminal Defense Lawyer Simplifies Restraining Order Case

Posted on December 30, 2008
Hiring a Lawyer on a Restraining Order Case Can Help You Win the Easy Way In our San Diego criminal defense law office, we receive many calls from people who want help with restraining order matters, including both people who want to file a restraining order and people who need help defending a restraining order...

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Rancho Santa Margarita Mediation and Family Law Attorneys

Posted on December 30, 2008
Rancho Santa Margarita, California is a relatively new city, in terms of date of incorporation, of approximately 50,000 in Orange County. The city, on its very first day of incorporation, took the title of the longest city name in California. Rancho Santa Margarita is a master planned community; as a result, most of the neighborhoods are managed by one of several homeowners associations...

Los Angeles Attempted Rape Charges Decend on LAPD

Posted on December 29, 2008
LAPD officer arrested on accusations of attempted rape An off-duty LAPD officer was arrested Sunday December 7, 2008 in connection with an alleged attempted rape in Los Angeles. The incident allegedly occurred after a Los Angeles Police Department-sanctioned holiday party at a hotel near Los Angeles International Airport...

Little Known Statute May Serve Veterans With PTSD

Posted on December 28, 2008
A little known statute may become more prominently cited in the courtroom in the near future as more veterans begin to return from the tours of duty in the Middle East. Pc 1170.9 ?lets judges, under certain circumstances, sentence combat veterans suffering from PTSD (Post Traumatic Stress Disorder) to psychiatric help instead of jail time for their crimes?...

California Criminal Defense Attorneys Dismantle Prosecution's Case

Posted on December 27, 2008
Don't accept the police narrative Recently, one of my clients was charged with assault with a deadly weapon in California. According to the police report, my client stabbed the alleged victim for without provocation and was the apparent aggressor in the case...

California Drunk Driving and Elements of a DUI Case

Posted on December 26, 2008
What you don?t say and do might help you If you?re over 21, what you don?t say in the course of a California driving under the influence investigation might be the difference between winning and losing your case. In order to know what I mean by this, you have to understand how many prosecutors break down a DUI case...

California Sex Crimes and Internet Crimes Involving Minors

Posted on December 23, 2008
Sexual Internet Crimes The internet gives us the freedom to look at anything we want. But what happens when looking is not enough? People will often look at adult content on the internet and some of it is not adult at all. This brings us to the act of looking at underage photos and/or videos on the internet...

Temecula Family Law and Spousal Support Lawyers

Posted on December 23, 2008
Temecula, California is a primarily middle to upper-class community of 100,000 residents. It is considered, when combined with Murrieta, to be the southwestern anchor of California?s Inland Empire region. The city is adorned with nine golf courses and the Pechanga Resort and Casino...

Clearing Your Criminal Arrest Record

Posted on December 22, 2008
Sealing & Destroying Your Arrest Record Have you ever been arrested in California for criminal charges that you were completely innocent of? Which, you then appear in court for and find out that your case has been dismissed or the District Attorney?s Office never filed the charges against you or rejected you?re case completely...

California Child Abuse Index Laws

Posted on December 21, 2008
Suspected of Child Abuse or Child Neglect in California and Your Name On The Child Abuse Central Index Report Are you being accused, investigated, or charged with any type of child abuse or neglect? Or are you a day care provider or foster care parent who has recently been accused of child abuse or neglect? If you have been, then your name may be listed on the Child Abuse Central Index Report (CACI)...

UNLAWFUL SEARCH OF VEHICLE VIOLATES FOURTH AMENDMENT

Posted on December 20, 2008
Defendant and Appellant Boot Hughston was arrested and charged with possession of cocaine for sale, possession of methylenedioxymethamphetamine for sale, possession of psilocybin mushrooms for sale, and possession of nitrous oxide in the summer of 2006...

Los Angeles Gang Members May Have Assets Seized by Government

Posted on December 19, 2008
Los Angeles prosecutors have filed California?s first lawsuit seeking to seize homes, businesses, and other assets of known members of Los Angeles?s largest gang, the 18th Street gang. The suit was filed on Monday December 8, 2008 against nine leaders of the gang...

If you are questioned about a crime do not talk to the police without an attorney

Posted on December 18, 2008
A case that has made international headlines has solemnly reminded all persons accused or being questioned about a crime to not speak with law enforcement prior to consulting with a criminal defense attorney. In 2007, five contract guards working for Blackwater Worldwide shot dead 14 innocent Iraqis and wounded dozens of others in what witnesses and family members claim was an unprovoked attack...

Simi Valley Family Law and Divorce Lawyers

Posted on December 18, 2008
The Simi Valley family law attorneys at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing domestic violence or child abuse charges. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients the Simi Valley divorce representation they need to guarantee a favorable result in their case...

Child Custody Attorneys Appointed by Court Not Committed to Your Case

Posted on December 17, 2008
Has your child been declared a ward of the state and you don't feel that you are getting adequate representation by your court appointed lawyer? When your child is declared a ward of the state and placed in foster care you will find yourself in Dependency Court...

Gang Affiliation Enhancement to Criminal Charges Increases Sentence

Posted on December 16, 2008
I am being charged with a crime with gang enhancements; what does that mean? Gang affiliation is an enhancement that prosecutors can add to a criminal charge. It is important to remember that most times a criminal charge becomes far more serious when made against an alleged gang member...

Orange Child Support and Family Law Attorneys

Posted on December 16, 2008
The Orange family law attorneys at Wallin & Klarich have more than 30 years of experience representing Orange County child support and child custody clients who are facing losing custody of their children or increasing child support payments. Orange, California is located in Orange County just a few miles from the county seat, Santa Ana...

OJ Simpson Sentenced for Kidnapping and Assult with a Deadly Weapon

Posted on December 15, 2008
OJ Sentenced to prison in Nevada Last Friday, OJ Simpson was sentenced to a maximum of 33 years in a Nevada State prison for his role in a September 2007 kidnapping and assault with a deadly weapon in Las Vegas. In sentencing Simpson, Judge Jackie Glass indicated that the evidence against Simpson was overwhelming...

California Criminal Defense Law Firm Also Handles Family and Dependency Law

Posted on December 14, 2008
Wallin and Klarich attorneys practice both California dependency law and family law Often times when a family finds themselves in Dependency Court they also have an existing family law case. When the Dependency Court becomes involved the family law matter is placed on hold...

Buena Park Hit and Run Driver Turns Himself In

Posted on December 13, 2008
Hit & Run and Consequences It was a dark, busy intersection, and a woman was not using a crosswalk. The woman was killed near the intersection of Beach Boulevard and La Palma Avenue in Buena Park, CA. The man who turned himself in is Salvador Sanchez Perez, Sr...

Child Abuse Central Index: How to Remove Your Name

Posted on December 12, 2008
I JUST FOUND OUT THAT MY NAME IS ON THE CHILD ABUSE CENTRAL INDEX; WHAT CAN I DO TO REMOVE MY NAME. Within 5 business days of the county submitting information to the Department of Justice (DOJ) to list any individual on the Child Abuse Central Index (CACI), the county is supposed to provide you with written notice...

Sexual Assault Conviction Overturned on Fair Trial Violation

Posted on December 12, 2008
Nebraska Supreme Court Overrules Sexual Assault Conviction The Nebraska Supreme Court overturned a 2006 sexual assault conviction on Friday October 24, 2008 after hearing defendant Steven Parker?s case. Parker, of Colorado Springs, Colorado, was convicted of first degree sexual assault in 2006 and sentenced to 10 to 16 years in prison...

Newport Beach Family Law and Child Custody Attorneys

Posted on December 11, 2008
The Newport Beach criminal defense lawyers at Wallin & Klarich have more than 30 years of experience handling cases for clients that are facing criminal charges, including everything from misdemeanors to felonies to DUI/DWI and DMV hearings. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys and judges that afford our clients the Newport Beach felony defense they need to guarantee a favorable result in their case...

Failure to Appear in Court May Increase Your Sentence

Posted on December 11, 2008
Skipping Trial Can Result in Worse Sentencing On October 27, 2008 the California Supreme Court upheld the 27 year sentence of a man accused of carjacking in California who was absent during the most critical stages of the trial. Ryan Conception escaped from custody, briefly enjoying his freedom several miles away from the court house until he was re-apprehended...

Expungements and Cleaning up Your Criminal Record

Posted on December 10, 2008
Your right to expunge or seal your criminal records - why expungements are important A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, voting, obtaining certain licenses (nursing, realtor, medical, and other professional licenses), running for political positions, and other benefits of society we take for granted...

Mission Viejo Family Law Attorneys and Divorce Lawyers

Posted on December 09, 2008
The Mission Viejo criminal defense lawyers at Wallin & Klarich have more than 30 years of experience defending Orange County clients who are facing criminal charges, including misdemeanors, felonies, federal and internet crimes. Mission Viejo, California is located in the Saddleback Valley in Orange County...

California DUI Checkpoint and Drunk Driving Arrests

Posted on December 09, 2008
Sobriety Roadblocks and Checkpoints If you were charged with drunk driving in California after a sobriety checkpoint investigation, you need the help of a competent attorney as soon as possible. Please contact Wallin & Klarich at (888) 749-0034 or www...

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