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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

Trader Joe?s Robbery ? California Penal Code Section 211

Posted on June 21, 2010
It was recently reported in the L.A. Times, a Trader Joe?s was robbed by two men. In an attempt to fend off the two robbers, the store clerk hit one of the robbers with a wine bottle. The other armed robber then shot the clerk in the leg. The two robbers fled the store in a car driven by a third person...

Soprano?s Star Arrested on DUI Charges ? California Vehicle Code Section 23152, 23536

Posted on June 18, 2010
It was recently reported by TMZ that Soprano?s star, Joseph Gannascoli was arrested early Friday morning and charged with drunk driving. Gannascoli was arrested after officers claimed they observed him making a wide right turn and then drifting between lanes...

Lindsay Lohan Allegedly Cleared from Probation Violation in Nonviolent Drug Possession Offense? California Penal Code Section 1210.1

Posted on June 18, 2010
TMZ recently reported that Lindsay Lohan may be cleared of her potential probation violation. Following the MTV Movie Awards, Ms. Lohan?s SCRAM alcohol monitoring bracelet detected alcohol in her system, a clear violation of her probation. However, it is reported that the following morning, Ms...

Death Row Inmate Executed by Firing Squad ? California Penal Code Section 3604

Posted on June 18, 2010
CNN recently reported that Ronnie Lee Gardner, 49, was executed by firing squad for the shooting death of attorney Michael Burdell during a failed escape attempt from custody in 1985 at a Salt Lake City, Utah courthouse. A hood was placed over Gardner's head and a paper target pinned to his chest...

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OFFICER ACCUSED OF SHOOTING UNARMED MAN; EXPERT TESTIMONY FOCUSES ON POLICE FIREARM PROCEDURE

Posted on June 18, 2010
The current trial of a white transit officer accused of killing an unarmed black man recently focused on the officer?s accidental discharge of a firearm instead of a Taser. Officer Johannes Mehserle, 28, shot Oscar Grant on January 1, 2009, in Oakland...

PRESCRIPTION PAIN MEDICATION AND THE CONFLICT BETWEEN DOCTORS AND THE FEDERAL GOVERNMENT

Posted on June 17, 2010
Federal prosecutors charged Dr. Stephen Schneider and his wife Linda, a nurse, with illegally prescribing and distributing pain medication to drug abusers out of their Kansas clinic. The defendants argue that the prescriptions were for the legitimate treatment of medical symptoms...

CONVICT MAY GO FREE BECAUSE OF HIS ATTORNEY?S FAILURE TO INTERVIEW KEY WITNESS

Posted on June 17, 2010
According a recent Ninth Circuit ruling, a Los Angeles man convicted of murder and attempted murder will be able to argue that his conviction should be overturned because his trial lawyer did not interview the survivor, who stated that the defendant did not shoot him...

Van der Sloot Charged with the Murder and Robbery of 21 year old Student in Lima, Peru ? California Penal Code Sections 187-199, and 211-215

Posted on June 16, 2010
CNN recently reported that Joran van der Sloot has been officially charged with the murder and robbery of a 21-year old student in Lima, Peru. Van der Sloot was also one of the prime suspects in the 2005 disappearance of American teenager Natalie Holloway, but was never charged due to a lack of evidence...

What Kind of Agreement Or Partnership Amounts To Criminal Conspiracy In California?

Posted on June 14, 2010
Conspiracy is a complicated area of criminal law. In general terms, a "conspiracy" is an agreement or partnership in criminal purpose. Each member or the alleged conspiracy becomes the agent or partner of every other member. When evaluating the prospect of criminal allegations of conspiracy, consider whether some sort of agreement (formal or informal) was in place...

What Must Prosecution Prove To Charge and Convict You Of Carjacking?

Posted on June 14, 2010
The crime of carjacking comes under the broad scope of California theft-related offenses. To be guilty of carjacking in California, the defendant must have taken a motor vehicle from the custody of another person by force, violence, or assault. For the prosecution to meet its burden for a carjacking conviction, it must be proven, beyond a reasonable doubt, that the taking was with the intent to temporarily or permanently deprive the true owner of their right to use or possess the motor vehicle...

Consequences of Wrongful Arrests in Domestic Violence Situations

Posted on June 11, 2010
In the context of a domestic dispute, arresting the wrong individual has significant legal consequences, but also other consequences that are not as apparent. A concern that is largely overlooked are the effects that a wrongful arrest can have on victims, especially children...

How Circumstantial Evidence Can Be Used In DUI (Driving Under The Influence) Cases ? California Vehicle Code Section 23152

Posted on June 11, 2010
If you were arrested for drinking and driving even though no police officer actually saw you driving a vehicle, the Orange County District Attorney and the Department of Motor Vehicles (DMV) may still proceed with your DUI case. Because of this, it is important to have an experienced Orange County DUI lawyer if you are arrested for driving while intoxicated...

California Domestic Violence Laws Apply Equally To Men and Women ? California Penal Code Section 273.5

Posted on June 10, 2010
When an individual (male or female) uses violence upon another, which is not in self-defense, it is considered a crime. In the arena of domestic disputes, domestic violence laws are intended to apply equally to men and women. Police officers and prosecutors are required to evaluate the facts and alleged offenses in each case, all while considering the intent of the law to protect victims of domestic violence from continued abuse...

California Plans to Crack Down On Dog Fighting ? California Penal Code 597.5

Posted on June 09, 2010
Dog fighting has been a popular subject ever since NFL quarterback Mike Vick was convicted. California has increased criminal penalties for being a spectator of an organized dog fight. Prior to this change, Penal Code section 597.5, subdivision (b), provided that any person who was knowingly present as a spectator at a place where preparation for a dog fight took place, was guilty of a misdemeanor...

Court?s Erroneous Admission of Gang Evidence Resulted in Reversal of Murder Convictions

Posted on June 09, 2010
In a recent decision by the California Court of Appeals, it was held that the trial court erred in admitting irrelevant and highly prejudicial gang evidence of the defendants' membership in a motorcycle club, where there was no evidence that the club was a street gang or a criminal enterprise, and where the prosecution offered this evidence in its case-in-chief primarily to show defendants? criminal disposition to commit murder...

What Are The Costs of A DUI Conviction?

Posted on June 09, 2010
Drunk Driving in California has been a danger to drivers and pedestrians for a number of years. By choosing to drive drunk you can cause catastrophic or fatal injury to yourself and others. If you are convicted of a DUI there will be a number of costs associated with your decision...

Natalee Holloway Suspect Joran Van der Sloot Confesses to the Murder of Peruvian Woman

Posted on June 09, 2010
It was recently reported that Joran Van der Sloot, the Dutch citizen who was the prime suspect in the disappearance of American student Natalee Holloway in Aruba in 2005, confessed to the murder of 21-year-old Stephany Flores Ramirez in Lima, Peru. Ramirez was found murdered in Van der Sloot?s hotel room...

Embezzlement: Intent To Return Property May Not Be Enough To Evade Charges ? California Penal Code � 503

Posted on June 04, 2010
The California Courts of Appeal for the Fourth District recently held that an individual may be guilty of embezzlement even if that person intended to return the property in the future. Jorge Casas, a car salesman, was carrying out a trade-in transaction with a customer...

Yes, You Do Have a Right to Defend Your Case ? Due Process Rights

Posted on June 04, 2010
The United States Court of Appeals for the Ninth District recently held that the Sixth Amendment guarantees the right of a criminal defendant to due process, which includes the right to a meaningful opportunity to present a complete defense. In Lunbery v...

Evidence Allowed for Contra Costa County man carrying a Concealed Firearm ? California Penal Code Section 12025

Posted on June 04, 2010
The Daily Appellate Report recently reported that Michael Henry can be charged with carrying a concealed weapon. Henry was pulled over for running a red light, and subsequently fled the scene after being asked if he had anything illegal in his possession...

United States Supreme Court: Suspects Must Now Affirmatively Invoke Miranda Rights

Posted on June 03, 2010
The United States Supreme Court has recently reviewed the laws pertaining to the Miranda Rights. The Supreme Court has loosened the restrictions of how the Miranda Rights are enforced. In Berghuis v. Thompkins, No. 08-1470, the Court held that once a suspect has been informed of his or her right to remain silent, he or she must affirmatively invoke those rights...

Ways to Protect Yourself When Going Through A Divorce

Posted on May 27, 2010
Over half of the marriages in the United States end in divorce. If you currently find yourself contemplating a divorce or starting the divorce process, there are many steps that you can take to protect yourself. Here are a few of those steps: 1. Get all of your financial records together...

Day Laborer Sentenced to 26 Years to Life For The Murder of Boss With Pickax

Posted on May 25, 2010
Ernesto Hernandez Avalos, a 23-year-old day laborer who murdered his boss by repeatedly hitting him with a shovel, then used a pickax to crush his head, was sentenced to 26 years to life in prison. In January of this year, Avalos was hired as a day laborer to work for a landscaping business owned by Woo Sung Park, a 45-year-old father from Rancho Santa Margarita...

Alcohol Monitoring and Drug Testing For Lindsay Lohan After DUI Hearing

Posted on May 25, 2010
Actress Lindsay Lohan will be subject to strict drug testing and will have to wear an alcohol testing device following an appearance in court today to address a DUI hearing the actress failed to appear at last week. Lohan cannot drink alcohol and all of her testing must be done randomly and locally, which may force her to delay shooting a new film in Texas...

I am Accused of Robbery ? What Should I Do? ? California Penal Code Section 211

Posted on May 24, 2010
California Penal Code Section 211 defines robbery as 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. Felonious taking is defined as the illegal taking away of something...

I am Accused of an Internet Crime ? What Should I Do?

Posted on May 24, 2010
With the versatility and common usage of computers, California has enacted laws to punish crimes associated with the Internet and computers. Internet crime, or cybercrime, is very broad and can include offenses ranging from criminal threats, to child molestation, to theft or fraud...

Woman Convicted of Embezzling $4 Million From 23 California Cities

Posted on May 24, 2010
Belinda Exon, the former president of Rehab Financial Services, a Huntington Beach company, plead guilty to the embezzlement of $3.9 million from 23 California cities. Exon?s now-defunct company kept federal housing grant money in escrow meant for city governments for herself to buy land in Arizona and fund two companies for herself...

BAIL MOTION RESULTS IN BAIL BEING LOWERED FROM 750,000 to 100,000 ON SERIOUS FELONY MATTER WINNING CLIENTS RELEASE FROM CUSTODY

Posted on May 21, 2010
On May 21, 2010 Wallin and Klarich filed a formal bail motion on behalf of our client who is facing 11 felony counts of burglary and receiving stolen property. The District Attorneys office had demanded $750,000 bail and the initial judge set the bail at $750,000...

Los Angeles District Attorney To Crack Down On Medical Marijuana Dispensaries And How An Experienced Southern California Drug Defense Attorney Can Help You

Posted on May 21, 2010
It was recently reported that Los Angeles District Attorney Steve Cooley will prosecute medical marijuana dispensaries for over-the-counter sales of marijuana. In Los Angeles County, patients with a doctor?s recommendation can go to a medical marijuana dispensary to purchase their medication...

Warrant Issued for the Arrest of Lindsay Lohan After Actress Skips DUI Hearing

Posted on May 20, 2010
A judge issued a warrant for the arrest of actress Lindsay Lohan after she failed to show up at a mandatory court hearing regarding her probation. Lohan was in Paris, France for the Cannes Film Festival. Her attorney told the judge at the hearing that Lohan had her passport stolen and still tried to board a flight back to Los Angeles, albeit unsuccessfully...

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