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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

Riverside DUI and Criminal Defense Attorneys

Posted on August 06, 2009
With an estimated population of 311,575 in 2008, Riverside, California is the largest city in the Inland Empire region of California, and the 12th largest city statewide. The United States Census Bureau reports that Riverside has a total area of 98.4 square miles, with a population density of 3,267...

How to Have Your Arrest Record Destroyed

Posted on August 05, 2009
Insight from an Experienced Criminal Defense Attorney Many people do not realize that if you are arrested, even if the charges are dropped or never filed, the arrest will remain on your record. If you go to trial and receive a not guilty verdict, or have the conviction successfully expunged, the arrest will stay on your record as well...

The Power of Prop 36: Are you Eligible? Part Two

Posted on August 04, 2009
In a previous article, we began our discussion regarding Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, which commands that qualified individuals convicted of CA nonviolent drug possession offenses be sentenced to probation and narcotics treatment as an alternative to incarceration...

Anaheim DUI and Criminal Defense Attorneys

Posted on August 04, 2009
Anaheim, California, with its 348,467 residents, is the tenth largest city in California (based on population). Located in Orange County, Anaheim is 50.5 square miles in size, and is a popular Southern California tourist destination. Anaheim is well known for Disneyland, Disney?s California Adventure, and the Anaheim Convention Center...

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The Power of Prop 36: Are you Eligible? Part One

Posted on August 03, 2009
In this article and one to follow, the Substance Abuse and Crime Prevention Act of 2000, also known as Prop 36, will be discussed. This complex and most interesting proposition requires that eligible people convicted of nonviolent drug possession offenses in California be sentenced to probation and narcotics treatment instead of incarceration...

Distinguishing Between Investigative Stops and Arrests

Posted on August 02, 2009
Perspectives From a Criminal Defense Attorney In distinguishing between an investigative stop and an arrest, courts consider a variety of factors, including: (a) display of weapons by officers; (b) presence of numerous officers; (c) physical restraint or touching of the suspect; (d) blocking a suspect's exit route; (e) use of handcuffs or other restraints; (f) tone of voice and authoritative commands; and (g) length and manner of the detention...

Minor in Possession Requires an Experienced Criminal Defense Attorney

Posted on August 01, 2009
Are you a minor who was recently cited for drinking alcohol? If your answer is yes, you are not alone. There are many incidents that involve underage drinkers. It is illegal for anyone under the age of 21 to have any alcohol in their system. Maximum penalties can include License suspension for one year, fines, and could possibly affect school and employment...

?Reasonable Person Free to Leave? Standard Used to Determine if an Arrest Was Made

Posted on July 31, 2009
To decide if an arrest was made, courts consider where "in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." (United States v. Mendenhall, 466 U.S. 544, 1980). An arrest must be based upon probable cause to believe that a crime was committed and that the arrestee committed it (Beck v...

Sobriety Checkpoints and Roadblocks in California

Posted on July 30, 2009
What a Criminal Defense Attorney Can Tell You The United States Supreme Court has specifically approved the use of limited sobriety checkpoints. The Court in Michigan v. Sitz, 496 U.S.444 (1990) held that sobriety checkpoints must: (1) present only a slight intrusion; (2) operate according to a plan that limits participating officers' discretion; and (3) be aimed at curbing the problem of impaired drivers...

Santa Ana DUI and Criminal Defense Attorney

Posted on July 30, 2009
Santa Ana, California is the most populous city in Orange County, with an estimated 2007 population of 339. If current estimates hold true, Santa Ana?s population will have grown to 355,662 by 2009. Santa Ana, according to the 2000 United States Census, is one of the most densely populated cities in the United States (of cities that have more than 300,000 people), with 12,471...

Facebook and Myspace Disclosure of Evidence that Holds a Defendant?s Innocence

Posted on July 29, 2009
As the law offices of Wallin & Klarich work alongside attorney Robert C. Kasenow, II in defending the rights of our client accused of alleged sexual offenses, we have filed a petition for review with the California Supreme Court seeking evaluation of a lower court order...

Marijuana Possession Conviction Occurring Before Current Offense Does Not Negate Eligibility for Deferred Entry of Judgment

Posted on July 29, 2009
Why Hiring an Experienced Criminal Defense Firm Can Assure You Are Given Access to All Available Court Programs Defendant, Oscar Armando Ochoa pled guilty to possessing cocaine after the trial court denied his motion to defer entry of judgment under penal code �1000...

Clearing Arrest Record After a False Arrest

Posted on July 28, 2009
Lessons From a Criminal Defense Lawyer It is possible for an officer to unintentionally or unlawfully arrest a person? If an officer arrests a person without sufficient probable cause, this is often referred to as a "false arrest." The consequences of an improper arrest can include suppression of any testimonial statements by the suspect, suppression of physical evidence, and personal liability for the officer...

Long Beach DUI and Criminal Defense Attorney

Posted on July 28, 2009
Long Beach, California is situated about 20 miles south of downtown Los Angeles. The second largest city in Los Angeles County, Long Beach boasts an estimated population of about 493,000 throughout its 65.9 square miles. Long Beach is home to the Port of Long Beach, one of the world?s largest shipping ports...

Know Your Rights: Students Are Protected from Strip Searches by School Officials

Posted on July 27, 2009
The U.S. Supreme Court recently decided a strip search was illegal where a minor student was suspected of carrying Ibuprofen on campus. During an incident in 2003 at Safford Middle School, a student told school officials that Savana Redding was carrying the painkillers...

The Fourth Amendment and Consent to Search a Vehicle

Posted on July 26, 2009
Whether Consent Given by Driver to Search Vehicle Was Given Voluntarily Requires Analysis by an Experienced Criminal Defense Attorney Who Understands the Fourth Amendment Voluntariness of consent to search must be analyzed under the Fourth Amendment and Article 1, section 5 of The United States Constitution "by examining the totality of the circumstances...

An Arrest Occurs When an Officer Deprives a Person of Liberty in a Significant Way

Posted on July 25, 2009
Lessons From a Criminal Defense Attorney The traditional definition of arrest by an officer includes the following elements: (1) intent to arrest communicated by words or actions of the officer; (2) show of the officer's authority; (3) submission to custody or sufficient force to achieve custody by the officer; and (4) the person's understanding that he or she is under arrest...

9th District Federal Court of Appeals Reverses Murder Conviction After all State Courts Reject Appeal

Posted on July 24, 2009
Why You Need a Highly Skilled Criminal Appeals Law Firm to Help You In a case decided on July 7, 2009, the 9th District Federal Court of Appeals reversed the murder conviction of Mohammend Ali due to the courts finding that the prosecutor had committed prejudicial error when he excused the only two black prospective jurors from the jury pool...

Court of Appeals Holds that Defendant is not Entitled to County Paid Experts at Sentencing Hearing

Posted on July 23, 2009
In People vs. Stuckey, decided by the 3rd District Court of Appeals on July 9, 2009 the court held that a defendant who is facing sentencing does not have the right to court appointed experts. The court held that the right to court appointed experts exists only up to the time of jury trial...

San Diego DUI and Criminal Defense Attorneys

Posted on July 23, 2009
San Diego is the eighth largest city in population in the United States. Located along the Pacific Ocean in the Southwest portion of California, San Diego is 372.1 square miles in size. San Diego?s economy is fueled by defense (home to the largest naval fleet in the world), manufacturing (home to companies such as Qualcomm Incorporated), and tourism (home to numerous points of interest that include the San Diego Zoo and Sea World)...

Pot Dispensary Owner Sentenced to Prison in Los Angeles

Posted on July 22, 2009
Thoughts by a Wallin & Klarich Criminal Defense Attorney A Morro Bay pot dispensary owner was sentenced to one year and one day in prison by a federal judge in Los Angeles, according to a published report on latimes.com. Charles Lynch, 47, was prosecuted for illegally distributing marijuana from his Central Coast Compassionate Caregivers facility, despite having the blessing of Morro Bay?s mayor, city attorney and other civic leaders...

Esparanza Arsonist Sentenced to Death

Posted on July 21, 2009
Commentary On the Conviction by a Wallin & Klarich Homicide Criminal Defense Attorney Raymond Lee Oyler was sentenced to death on June 6, 2009, according to a published report on the LA Times website. Oyler was convicted of setting the Esparanza blaze in 2006, which claimed the lives of 5 firefighters...

Los Angeles DUI and Criminal Defense Attorney

Posted on July 21, 2009
As the largest city in the state of California and the second largest in the United States, Los Angeles is home to almost 3.8 million residents. Los Angeles is a hub of tourism and commerce within its 498.3 square miles and visitors from across the world who choose to become ?Angelinos? contribute to its diversity every day...

Man Arrested Trying to Smuggle Marijuana Ashore on Surfboard

Posted on July 20, 2009
He Will Need an Experienced California Criminal Defense Attorney A Mexican national was arrested about 200 yards off of Imperial Beach by U.S. Border patrol officials, according to an article by Tony Perry on the June 9th, 2009 Los Angeles Times website...

Judge Dismisses Racketeering Convictions

Posted on July 19, 2009
Wallin & Klarich Criminal Defense Attorneys Compliment the Successful Use of a Government Misconduct Motion A recent article in the Los Angeles Times describes the story of George Torres, a 52 year old supermarket mogul, who was recently convicted in a massive racketeering case and was awaiting sentencing in federal prison...

California Domestic Violence: What You Need to Know Part 2

Posted on July 18, 2009
Why You Need a Skilled Criminal Defense Attorney In a previous article, California Penal Code � 243(e)(1), or ?simple domestic battery,? was discussed as one of the ways in which a person can be prosecuted for domestic violence in California. There are three ways someone can be prosecuted for domestic violence under California?s domestic violence laws and this article explains the remaining factors...

California Domestic Violence: What You Need to Know Part I

Posted on July 17, 2009
Why You Need an Experienced Criminal Defense Attorney There are three ways someone can be prosecuted for domestic violence under California?s domestic violence laws. First, there is Penal Code � 243(e)(1), which is simple domestic battery. Second, there is Penal Code � 273...

San Bernardino Theft and Burglary Defense Attorneys

Posted on July 16, 2009
San Bernardino, CA has an estimated population of 205,010 as of 2006, making it the 18th largest city in California (based on population). San Bernardino is part of the ?Inland Empire? and measures 78.5 square miles in size. The city is roughly 60 miles east of Los Angeles, and is located at the foothills of the San Bernardino Mountains...

Capital Punishment: You Cannot Proceed Without a Highly Experienced Criminal Defense Attorney

Posted on July 16, 2009
A Corona man could face the death penalty after being charged Tuesday with two counts of murder and one count of attempted murder in the stabbing of his two young children and his wife. Prosecutors can file a special circumstances allegation of committing multiple murders, which makes someone eligible for the death penalty if the District Attorney chooses to seek capital punishment and you are convicted...

Attempted Lewd Act Conviction Did Not Require Police to Wait Until Defendant Actually Enter a Hotel Room With a Minor

Posted on July 15, 2009
Jeffrey MacKanin, a California Department of Justice special agent supervisor who oversaw a Federal and State task force investigating child exploitation crimes, posed on line as a 13-year-old runaway girl named ?Hope.? On December 7, 2004 Arthur Crabtree, an attorney who sometimes acted as a ?Pro Tem Judge? and was once a city of Glendale Police Officer, contacted ?Hope? online...

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