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Criminal Law

Southern California Criminal Defense Blog 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

Recent Entries: 1015

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RECENT ?SPIKE? IN ?HOMELESS? PAROLED SEX OFFENDERS

Posted on February 15, 2008
A recent news report from the Associated Press (AP) revealed that, in California, since November 2006, there has been a 27% increase in the number of sex offenders who have reported that they are ?homeless? and apparently this trend has little to do with a sagging economy...


IF YOU LIE TO THE POLICE FOR A LOVED ONE, YOU CAN END UP IN JAIL

Posted on February 12, 2008
We all love our friends and family. We all want to protect them from the possibility of going to jail. However, if you lie to the police in an attempt to protect your loved ones you could be facing a jail sentence. A good example of this is the recent case of a loving 74 year old grandfather who had lent his car to his 23 year old grandson for a night out with his friends...


DEATH PENALTY LIKELY TO BE ABOLISHED

Posted on February 08, 2008
Well, at least in one U.S. State anyway. The New Jersey state legislature has voted to abolish capital punishment in that state. New Jersey Governor Jon Corzine has indicated that he will sign the legislation into law. Republican lawmakers had pushed to keep the death penalty on the books for cop killers and terrorists, however, Democratic law makers, who control both houses of the legislature in New Jersey, voted against even these limited exceptions...


DUI CHARGES DISMISSED FOR DEFENDANT ILLEGALLY STOPPED

Posted on February 05, 2008
Our firm handled a case recently where a defendant was stopped for Driving Under the Influence in a mall parking lot. The officer cited as the reason for initially stopping the defendant the fact that the defendant ?rolled? through a stop sign posted in the mall?s parking lot ? i...


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WHERE DID YOU HAVE YOUR LAST DRINK?

Posted on February 01, 2008
This is the question that many people arrested for driving under the influence of alcohol are being asked in at least one state, and this law enforcement practice has many bar owners fuming. New Jersey officers have begun regularly asking all DUI arrestees where they had their last drink...


STATUTORY RAPE LAWS

Posted on January 29, 2008
The recently reported pregnancy of sixteen-year-old television star Jamie Lynn Spears has drawn a spotlight on the issue of statutory rape and the different state laws that apply. While most high school aged people do not travel extensively interstate, apparently, given Ms...


?PRESSURED? TO CONVICT?

Posted on January 25, 2008
The Associated Press recently reported on a case in Long Island, New York where a juror stated that he felt pressured by the trial judge and his fellow jurors to convict the defendant of manslaughter charges. The jury returned its verdict on the Saturday prior to Christmas...


Avoiding INS Holds And Jail Time

Posted on January 22, 2008
Avoid Jail if you are an illegal immigrant. An INS hold may be placed on you, which could lead to deportation. Local law enforcement agencies are working with federal immigration officials to screen all persons who come into local jails to determine if they are in the United States illegally...


YOUR VERY OWN PERSONAL LAWYER

Posted on January 21, 2008
A recent article in a popular San Diego newspaper was written which talked about some criminal defense attorneys and their heavy, unmanageable caseload. There are some San Diego criminal defense lawyers whose caseloads get up to 300 and even 800 cases...


CRIMNIAL DEFENSE LAWYER SENTENCED

Posted on January 18, 2008
Noted Orange County criminal defense lawyer Joseph Gerard Cavallo was sentenced on December 14, 2007 to six months in jail. According to a press release from the Orange County District Attorney?s Office, between June 1, 2003 and August 1, 2005, Cavallo conspired to commit the crime of attorney ?capping? and attorney recommendation by a bail licensee...


Drive Drunk, But Drive Well

Posted on January 14, 2008
So the cop pulled you over while driving. He administered the Field SobrietyTests and then placed you under arrest. You were a little bit drunk and were cited for a DUI. How did this happen? Well, you might not have seen those illuminated signs asking drivers to report drunk drivers at the local highway, but believe it or not, the majority of DUI cases are phoned in by good Samaritans...


JUVENILE CASES AND DEFERRED ENTRY OF JUDGMENT (W&I 790 PROBATION) VS. INFORMAL PROBATION (W&I 654)

Posted on December 31, 2007
Certain criminal cases filed in Juvenile Court against a minor may be eligible for what we call ?deferred entry of judgment?. In order to be eligible for deferred entry of judgment under Welfare and Institutions Code Section 790, a juvenile must be at least age 14 when the offense was committed and the offense must be a felony...


You cannot appeal your criminal case if you pled guilty without a certificate of probable cause

Posted on December 30, 2007
Many people call our office asking if they can appeal their case. The people who call often tell us that their loved one, who is in jail, did not get proper representation. We are often told that the defendant?s public defender did not provide adequate legal advise or did not do proper investigation...


IF YOU EVEN THINK YOU ARE BEING INVESTIGATED FOR A CRIME...

Posted on December 29, 2007
You need to call the law firm of Wallin & Klarich. If a police office tried to call you, or perhaps left a business card at your door asking you to call, your best bet will be hiring an experienced criminal defense attorney. If the investigation is for a hit and run, or perhaps a child abuse case, or a domestic violence case, or any potentially criminal charge, you should not, repeat NOT, contact the police without counsel...


INTERNET SEX CRIMES

Posted on December 28, 2007
The state and federal authorities are stepping up investigations into child pornography on the internet. New criminal laws are being created to deal with the prosecution of people who log onto child pornography sites and those who exchange child pornography pictures...


Watch What You Say ? You could be charged for a felony terrorist threat crime

Posted on December 26, 2007
You thought you were safe when you were joking with your coach and you said to him that if he had you do any more sit ups that you would ?kill him?. Your buddies on the team may have thought it was a joke. However, BE WARNED. If your coach takes it seriously your words can lead to you being arrested for a felony...


DO YOU HAVE A WARRANT?

Posted on December 24, 2007
If you have a warrant for your arrest, you can feel like you are in a prison without bars. Every time you see a police officer, or a police car drives by, your heart pounds. It does not have to be this way. For the past 27 years, the law firm of Wallin & Klarich has been assisting people clear these warrants WITHOUT getting arrested...


What do I do if I was involved in a ?Hit and Run??

Posted on December 22, 2007
If you were in an accident which resulted in damage to property you have certain obligations and responsibilities in order to avoid being prosecuted for a crime. You MUST do one of the following: either 1) locate and notify the owner or person in charge of the property or owner of the other vehicle and show them your Drivers License and Vehicle Registration OR if you are unable to locate this person 2) Leave a note on the vehicle or property giving your name and address and a statement of the circumstances...


IS YOUR LAWYER DOING A GOOD JOB REPRESENTING YOU?

Posted on December 21, 2007
If you are being charged with a criminal offense in the state of California, you need to ask yourself a question. Is your criminal defense lawyer doing all he/she can do in representing you? This is a crucial question you need to ask, especially when the stakes are high...


TOO MANY POINTS AND DMV-NEGLIGENT OPERATOR SUPSENSION

Posted on December 20, 2007
In California, a driver is allotted 4 points a year. If you go over the 4 points, you will get a notice of suspension from the DMV. DO NOT IGNORE THIS NOTICE. You will have 15 days to respond and set a hearing. At this DMV hearing Wallin & Klarich is able to bring out factors to help convince the DMV not to suspend your license...


BUSTED FOR MARIJUANA?

Posted on December 18, 2007
The law firm of Wallin & Klarich has been defending those charged with possession of marijuana for over 27 years. Whether it be cultivating, transporting or selling marijuana, our law firm has been successful in defending against these charges. The new medical marijuana laws allow flexibility and some ?wiggle room? in the way these cases get prosecuted...


Can I really go to jail for forgetting to finish my class, community service, or making payments on time?

Posted on December 16, 2007
Yes, when the judge sentences you to probation, even if it is informal probation, they have the right to impose part of or the maximum amount of jail time allowed for your sentence, if you fail to meet ANY of the terms of your probation. This means that the judge can impose the maximum jail term for something as small as being a few days late on your payments or forgetting to come to court to show completion of your court ordered classes...


Mass Exit Out of Federal Prison

Posted on December 14, 2007
Do you know of a loved one, a neighbor or a friend, currently doing time or recently sentenced to do time in a federal penitentiary (prison)? If so, then we have some great news for you and them! As many as 19,500 inmates currently doing time in federal prisons around the country could be released early! These inmates could have their time reduced by a minimum of two years...


Tracking for Sex Offenders

Posted on December 12, 2007
Under Jessica?s Law, otherwise known as Proposition 83, sex offenders in California are to be tracked for life by satellite. The law was passed a year ago and requires sex offenders to be fastened with Global Positioning System devices (GPS). The GPS devices enable officials to track these sex offenders every move, even after they have completed parole...


SHOULD I APPEAL?

Posted on December 10, 2007
If you or a loved one has been convicted of a criminal offense, you should consider appealing the case. The law on criminal appeals in California is specific and deadlines are important to understand. On felony cases, the Notice of Appeal needs to be filed within 60 calendar days of sentence...


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