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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

Bail Explained

Posted on September 21, 2009
How an Experienced Criminal Defense Attorney Can Save You Thousands of Dollars After a person is arrested and taken into custody, at the first appearance before a judge they have a right to a ?bail hearing? where the amount of bail is set. When a defendant makes ?bail? this means they are giving a specified amount of money to the court in exchange for being let out of jail with a promise that they will return to court at their next scheduled appearance...

Encounters With Police - Know Your Rights to Avoid Arrest and Conviction

Posted on September 20, 2009
Street encounters with police occur with varying degrees of coercion. An encounter with police is best understood by breaking it down into three categories: Where a citizen feels "free to leave" and terminate the encounter at will. Here, there has been no "detention" under the law...

Community is a Haven for Sex Offenders

Posted on September 19, 2009
An Experienced Criminal Defense Firm Will Do Everything Possible in Order to Prevent their Client from Having to Register as a Sex Offender Antioch, a small community outside of San Francisco, has recently been making national headlines for being the home of over 100 sex offenders...

O.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge

Posted on September 18, 2009
A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, including stalking, possession of a destructive device with intent to injure, possession of a homemade deadly weapon and possession of a loaded firearm in public...

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Kidnapped Girl Found 18 Years after Being Abducted

Posted on September 17, 2009
An Experienced Criminal Defense Attorney Will Take All Steps Necessary to Neutralize Any Prejudice a Criminal Defendant Faces in the Press While Diligently Defending Against Serious Charges A report filed by Elizabeth Espinosa for KTLA.com details the incredible story of a 29-year-old girl who was recently found after being kidnapped and held captive for 18 years...

Torrance DUI and Criminal Defense Attorneys

Posted on September 17, 2009
Located within the lively expanse of Los Angeles County, Torrance had an estimated population of 140,820 in July 2008. Torrance?s population is sure to keep growing as more and more people are drawn to convenient access to beaches, pleasant weather, secure communities, and successful businesses...

A Father Who Faces Murder Charges Also Faces a Prejudiced Jury

Posted on September 16, 2009
An Experienced Criminal Defense Attorney Will Negate Any Prejudicial Effect and Fight for Your Right to a Fair Trial There are two sides to every story. A trial was held when a man pled not guilty to allegedly throwing his daughter off a 120-foot cliff to avoid paying child support...

Legislature Passes Reducing Offense to Infraction for Office Sports Betting Pools

Posted on September 15, 2009
You no longer can be thrown in jail for taking part in that office betting pool when March Madness or Super Bowl comes around. In early August Governor Schwarzenegger signed a law that changes the penalty for participation in a non-commerical or an office ?sports betting pool? from a misdemeanor, punishable by fines up to $1,000, to an infraction, punishable by a fine not to exceed $250...

Palmdale DUI and Criminal Defense Attorneys

Posted on September 15, 2009
The city of Palmdale has grown immensely as a city located in the northeast region of Los Angeles County. Palmdale had an estimated population of 151,346 in January 2009, drawing new residents to live close to the stunning San Gabriel Mountain range. As a city that is mostly full of family communities, Palmdale?s growth and popularity has made it California?s largest desert city...

A Court May Consider a Dismissed Charge When Imposing Probation Conditions

Posted on September 14, 2009
An Experienced Criminal Defense Attorney Knows How to Argue Against Facts Underlying a Dismissed Charge A California appellate court has recently held that trial courts have broad discretion in granting or denying probation and imposing probation conditions...

Vehicle Searches Incident to Arrest

Posted on September 13, 2009
Evidence from Warrantless Vehicle Search Incident to Passenger?s Arrest is Suppressed where Defendant was Inside Patrol Vehicle when Searched Defendant, Gonzalez, was convicted of Possession of a Firearm and Ammunition. This conviction resulted when a firearm was found during a June 19, 2006 traffic stop of a car in which Gonzalez was riding...

LA Man Found Guilty of Second Degree Murder instead of First Degree Murder for the Killing of a USC Film Student

Posted on September 12, 2009
A Skilled Defense Attorney Can Prevent a Defendant from Facing the Death Penalty or Life without Parole The man who invoked fear and uneasiness throughout the USC campus and surrounding community has been found guilty of second degree murder by a Los Angeles court, according to the latimes...

Statute of limitations for Filing Grand Theft Charge Commences when Government Entity with Duty to Investigate and Report Crime Discovers Offense

Posted on September 11, 2009
Penal Code section 801.5 provides that prosecution of certain offenses, including grand theft, fraud and perjury, ?shall be commenced within four years after discovery of the commission of the offenses . . . .? (emphasis added). Section 803, subdivision (c), provides that the four-year statute of limitations ?does not commence to run until the discovery of [the] offense ...

Lancaster DUI and Criminal Defense Attorney

Posted on September 10, 2009
Lancaster is located in Southern California?s Antelope Valley and is the ninth fastest growing city in the United States. With an estimated 145,243 residents living in the city in 2008, Lancaster is the eighth largest city in Los Angeles County. The city draws national and local companies in from many different types of businesses and industries...

Severe Penalties Associated with Driving Under the Influence Emphasizes the Necessity of Hiring an Experienced Criminal Defense Attorney

Posted on September 10, 2009
Arrests for Driving Under the Influence (DUI) continue to rise in California. Along with the increase number of arrests, the penalties associated with a conviction continue to escalate. California Vehicle Section 23152 states that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle...

From Misdemeanor Drunk in Public to Felony Escape of Police Custody

Posted on September 09, 2009
An Experienced Criminal Defense Attorney is the Only Place to Turn to Avoid a Lengthy Prison Stay Unfortunately for many people, criminal charges tend to follow after a night of drinking. Such was the case for a 24 year old man arrested on August 3, 2009...

A Drinking and Driving Complaint May Give Rise to a Warrantless Search of Your Home

Posted on September 08, 2009
An Experienced Criminal Defense Attorney Will Protect Your Right from a Warrantless Search of Your Home Any person can call law enforcement and complain to tell them that a person is drinking and driving. If a complaint names the suspected drunk driver, law enforcement may be able to go the house of the named suspect and lawfully search the home without a warrant...

Pasadena DUI and Criminal Defense Attorneys

Posted on September 08, 2009
Located within the vast spread of Los Angeles County, Pasadena is a diverse city mostly known for putting on the nationally viewed Tournament of Roses parade and the annual Rose Bowl Football game. With an approximate population of 146,518 reported in 2007, Pasadena is the sixth largest city in LA County and has attracted many new residents and returning visitors as a cultural hot spot in the San Gabriel Valley...

Officer's Have Heightened Duty to Confirm an Anonymous Tipster's Information

Posted on September 07, 2009
An Experienced Criminal Defense Firm will Expose a Lack of Reliability from an Anonymous Informant An anonymous tip, standing alone, seldom will exhibit sufficient indicia of reliability to support reasonable suspicion for an investigatory or traffic stop...

Courts Give a Presumption of "Reasonable Suspicion" Established from a Citizen Informant's Statements

Posted on September 06, 2009
An Experienced Criminal Defense Attorney Knows How to Effectively Rebut this Presumption As discussed in the blog yesterday, a person who tips officers to suspected criminal conduct is called an ?informant.? A citizen informant generally gains knowledge of an alleged criminal offense by being either a witness or a victim...

A Traffic Stop Based on an Anonymous Informant's Tip Must Be Reliable to be a Legal Stop

Posted on September 05, 2009
Why You Need a Criminal Defense Attorney Who Knows Search and Seizure Laws In order to conduct a legal traffic stop, an officer must have what is called ?reasonable suspicion? to stop the car. Often, officers will rely on a tip they received from someone who may know the suspect, one who may have seen the suspect engage in an illegal activity, or a person with a hunch to create the requisite reasonable suspicion...

Conviction Reversed and Defendant Wins New Trial After Appeal is Granted: You Have the Right to a Fair Trial

Posted on September 04, 2009
The California Court of Appeal in People v. Hernandez found that when an armed sheriff stood behind the defendant while the defendant was testifying this violated the defendant?s right to a fair trial. An experienced defense attorney knows that there are many factors a court may not consider in ensuring the defendant?s right to a fair trial...

Do Standardized Field Sobriety Tests Accurately Assess a Driver's Mental and Physical Impairment?

Posted on September 03, 2009
During a California DUI detection process, the officer screens (or tests) a driver prior to making an arrest decision. The pre-arrest screening phase starts out with the administration of the standardized field sobriety tests. These tests are said to be designed to assess a driver?s mental and physical impairment...

Hollywood DUI and Criminal Defense Attorneys

Posted on September 03, 2009
Hollywood is a well-known district in Los Angeles, California located just west-northwest of Downtown LA. Hollywood is most known for being the historical center of movie stars and movie studios. A few out of many landmarks in Hollywood include the Hollywood Bowl, Capitol Records, Grauman's Chinese Theatre, the Shrine Auditorium, and the Griffith Park Observatory...

Supreme Court Rules that Juvenile "Strikes" Can be Used Under Three Strikes Law

Posted on September 02, 2009
Why You Need an Experienced Three Strikes Criminal Defense Law Firm In the recent case of Superior Court v. Nguyen held that a juvenile who was adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California Three Strike Laws will count as a strike if that juvenile offender commits another felony...

Inconsequential "Clues" Considered Together May Amount to Reasonable Suspicion of Criminal Activity

Posted on September 01, 2009
Why You Need a Criminal Defense Attorney to Defend Your Rights During the course of an ordinary traffic stop, an officer may detect clues of an illegal drug crime in California. These clues, while seemingly inconsequential, when considered in the aggregate, may provide the additional reasonable suspicion required to detain an individual for further investigation...

Valencia DUI and Criminal Defense Attorneys

Posted on September 01, 2009
Valencia, California is a planned community that along with three other communities, merged to form Santa Clarita, California in 1987. The area is extensively used as filming locations for many TV series', past and present. Some of these shows include The Power Rangers, NCIS, Weeds and Melrose Place...

Goleta Man Arrested in Craigslist Lure

Posted on August 31, 2009
An Experienced Sex Crime Defense Attorney can Quietly Move This Case Through the Criminal System A Goleta Man who lured women to his home under the guise of a job posting to clean his home was arrested on suspicion of exposing himself, according to an article on the LATIMES...

Supreme Court Rules DNA Tests for Prisoners Not a Constitutional Right

Posted on August 30, 2009
Why You Need an Experienced Criminal Appeals Attorney Fighting for You A report published on LATIMES.COM discussed the recent Supreme Court decision regarding the rights of prisoners to have crime samples tested for DNA. The important decision cleared the way for individual states to legislate the issue themselves as the Court found that there was no need for a constitutional amendment that would dictate the criminal court procedures for all 50 states...

Ineffective Assistance of Counsel is Cause to Withdraw a Plea When Counsel Failed to Have Defendant's Statements Excluded

Posted on August 29, 2009
An ineffective assistance of counsel claim is one reason to withdraw a plea agreement. In order to prevail on an effective assistance of counsel claim, defendant must demonstrate that his counsel?s representation was ?deficient? and that deficiency caused a result that would not have happened but for the inadequate representation...

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