San Diego Criminal Defense

If you are convicted of a domestic violence crime, the court will issue a criminal protective order. This order will most likely include a no contact order, a no negative contact order, or allow a peaceful exchange of children.

A no contact order is an order preventing the defendant from making any contact with the victim whatsoever. This means the defendant must not talk, call, e-mail, or make any other type of contact with the victim.

A no negative contact order is an order preventing the defendant from making negative contact with the victim. The defendant is allowed to make contact and live with the victim, but is not allowed to annoy, harass, or alarm the victim. A violation of this order will most likely result in the court issuing a no contact order.

A peaceful exchange of children is an exception to a no contact order. The defendant will still be restrained from making any contact with the victim. However, the defendant can make contact with the victim if the defendant is there to pick up their child for child custody and visitation purposes.

The courts are increasingly serving defendants with criminal protective orders at arraignments on domestic violence charges.

If you or a loved one is facing a domestic violence charge, you may be served with a criminal protective order. It is important that you speak with an experienced domestic violence attorney to know what your rights are. At Wallin & Klarich, our Southern California domestic violence attorneys have over 30 years of experience. We will fully inform you of your rights and defend you in the court of law. Call us today at (888) 280-6839 or contact us through our website at www.wklawdomesticviolence.com. We will be there when you call.

Americans love their guns. It is a love affair deep-rooted in the history and culture of this nation. Ever since the first minuteman grabbed his musket from the family mantle, this country has honored and cemented within its constitution the right of the people to own and keep guns. But to state the obvious, guns are inherently dangerous – especially in the hands of those who shouldn’t have them (e.g. ex-felons, the mentally disturbed). Therefore, every state has implemented gun control laws to regulate who can possess a gun and when. California is no exception.

California Penal Code Section 12025 makes it illegal in this state for anyone to be carrying around a concealed gun whether it’s in your pocket or in your car. This statute also makes itself clear that it only applies those “firearms capable of being concealed on the person,” which are limited to small handguns like pistols or revolvers.

If you are convicted of this crime, you stand to face some pretty harsh punishments, which can potentially become more severe if you have any prior felony convictions or a history of drug use. A first-time offense with no priors or enhancements can land you in county jail for up to 1 year and/or a maximum fine of $1,000. However, if you incur any additional conditions or enhancements, you could be subject to a felony conviction that could result in a 3-year sentence in state prison.

If you’re curious and want to learn more, go to www.wklaw.com and read our “Carrying a Concealed Firearm” section. You will find invaluable information about that crime and what you can do when charged with this crime.

The old days of the Wild West, where everyone was a gunslinger, are over. Carrying a concealed firearm is a punishable crime and will bring with it serious penalties. If you stand charged with this crime, contact an experienced criminal defense attorney who help you develop your defense strategy. Our attorneys at Wallin & Klarich have over 30 years of experience representing those accused of carrying a concealed firearm. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

Colton Harris-Moore, the alleged “barefoot bandit” will appear in court on Thursday, July 22, 2010. The barefoot bandit was nicknamed for allegedly breaking into houses while barefoot. The barefoot bandit became a cult hero on Facebook after it was reported he allegedly a string of crimes including stealing airplanes without any pilot training.

At the initial appearance, Harris-Moore will be arraigned. This means that he will be advised of the charges against him, the possible penalties, and his constitutional rights. If Harris-Moore enters a plea, the judge will set a date for a preliminary hearing.

A preliminary hearing is a right afforded to those charged with a felony. In a preliminary hearing, the prosecutor will subpoena witnesses to testify in court. The prosecutor has the burden to establish that there is reasonable cause to believe a crime was committed and that the defendant committed that crime. The prosecution has the burden of proof to establish there is reasonable cause or reasonable suspicion to believe that the crime charged was committed by the defendant. If probable cause is found, the court can set a date for jury trial.

If you or a loved one is facing a criminal charge, it is likely that you will go through the same process. It is critical that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our Southern California criminal defense attorneys have over 30 years of experience in defending the criminally accused. We will guide you through the criminal process and make sure your rights are defended. Call us today at (888) 280-6839 or contact us through our website at www.wklaw-sandiego.com. We will be there when you call.

Layla Trawick, a 34-year-old woman from Northern California, is accused of walking into a Target store in West Hollywood and stabbing people at random. KTLA reported that Trawick is believed to have entered the store carrying two knives. She then walked down aisles and allegedly began stabbing people. Four people were injured before an off-duty LA County Sheriff’s Deputy was able to take Trawick into custody. Trawick’s relatives say she is bipolar and schizophrenic but has never hurt anyone. She is now facing four counts of attempted murder and five counts of assault with a deadly weapon.

An attempt to commit a crime is sometimes difficult to prove because the prosecution must prove that the defendant had the specific intent to commit the alleged crime. Generally speaking, someone convicted of an attempted crime will be sentenced to half the custody time he would have received had he been convicted of committing the actual crime he attempted to commit. Penalties also depend upon the circumstances of the crime as well as the criminal record of the accused.

If you or a loved one is facing attempted murder charges, our San Diego Criminal Defense attorneys at Wallin and Klarich have the experience and expertise you will need in an attorney to help protect your rights and provide you with a strong defense. When facing serious crimes like attempted murder, our Criminal Defense attorneys will work to ensure you have the strongest defense and legal counsel available. Contact us today so our San Diego Criminal Defense attorneys can begin working on your case today.

It was recently reported that the California State Appeal Court ruled that the San Diego City curfew for teenagers is unconstitutional. The San Diego City curfew ordinance stated that a juvenile (anyone under the age of 18) cannot be out between the hours of 10 pm and 6 am without an adult unless they are going to or from a job. The Court of Appeal felt that the city ordinance prevents teens from being able to attend functions like school or religious activities that often end after the 10 pm hour without an adult driving them to and from the event. The case that brought the ordinance into question involved a teenage girl who was cited by the California Highway Patrol when she was driving home at 1 am in May of 2008. San Diego City has revised the ordinance so that it is in compliance with the court’s decision.

Under Municipal Code 58.0101, 58.0102, and 58.0103, the curfew law still applies. The city of San Diego has amended the exceptions to this law by allowing minors to attend school and religious activities.

If you or a loved one has been cited for violating San Diego’s curfew law, the attorneys at Wallin & Klarich can help. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. We will fully represent your rights and fight to get you the best possible result in your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

San Diego, named after Saint Didacus, is the ninth largest city in the United States, and the second largest city in California. Located along the Pacific Ocean, San Diego has a population of 1,279,329. San Diego is the largest city on the southern border and is the region’s western anchor. The city was rated the fifth best place to live in 2006 by Money Magazine, and ranks as the fifth wealthiest city in the United States by Forbes. San Diego’s economy is largely composed of agriculture, biotechnology/biosciences, computer sciences, electronics manufacturing, defense-related manufacturing, financial and business services, ship-repair, ship-construction, software development, telecommunications, wireless research, and tourism.

In criminal law, rape is defined as an assault by a person involving sexual intercourse with the person of another without valid consent. Outside of the law, the term is often used interchangeably with sexual assault, a closely related (but in most jurisdictions technically distinct) form of assault typically including rape and other forms of non-consensual sexual activity. The rate of reporting, prosecution, and convictions for rape varies considerably in different jurisdictions. The U.S. Bureau of Justice Statistics (1999) estimated that 91% of U.S. rape victims are female and 9% are male, with 99% of the offenders being male.

At Wallin & Klarich, our knowledgeable and aggressive San Diego criminal defense attorneys have been defending the rights of those accused of rape offenses for over 30 years. If you or a loved one is accused of a rape offense, the time to act is now. Call Wallin & Klarich at 888-280-6839, or visit www.wklaw.com for more information about how we can help you with your case. We will be there when you call.

In U.S. v. Juvenile Male, the Ninth Circuit Court of Appeals held that it is unconstitutional to require juveniles who had been convicted of a sex crime to be registered offenders.

In a surge of national concern over the commission of sex offenses, particularly those against children, Congress in 2006 enacted the Sex Offender Registration and Notification Act (”SORNA”) and applied its registration and reporting requirements not only to adults but also to juveniles who commit certain serious sex offenses at the age of fourteen years or older. The U.S. Attorney General, exercising authority delegated by Congress, determined that SORNA would apply retroactively to all sex offenders convicted of qualifying offenses before its enactment, including juvenile delinquents. 28 C.F.R. § 72.3 (2007).

SORNA establishes a comprehensive national system for the registration of sex offenders and requires anyone convicted of specified crimes, including aggravated sexual abuse, to register with the national sex offender registry. 42 U.S.C. § 16911(4)(A)(i). SORNA defines convictions to include juvenile delinquency adjudications of aggravated sexual abuse if the offender is fourteen years of age or older at the time of the offense. 42 U.S.C. § 16911(8).

The retroactive application of SORNA’s provision requiring registration and reporting by former juvenile offenders imposes immense burdens, not only through burdensome in-person registration and reporting requirements, but, more important, through the publication and dissemination of highly prejudicial juvenile adjudication records of individuals who have committed no offenses since their adolescence — records that would otherwise remain sealed. For this reason, the Ninth Circuit Court of Appeals concluded that the requirement served more as a punishment than as a comprehensive system to track sex offenders.

The Ninth Circuit Court of Appeals further reasoned that the requirement serves to convert a rehabilitative judicial proceeding, sheltered from the public eye, into a punitive one, exposed for all to see, and with long-lasting substantially adverse and harsh effects. In holding the requirement unconstitutional, the court stated that in some instances, the retroactive implementation of SORNA’s provisions will most certainly wreak havoc upon the lives of those whose conduct as juveniles offended the fundamental values of our society but who, we hope, have been rehabilitated.

Registration as a sex offender is a heavy burden to carry. If you or a loved one has been accused or convicted of a sex offense, it is important that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. We will defend your rights and fight to get you the best possible result in your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

The State of California has the power to revoke your driver’s license if you have been convicted of certain crimes. Section 13500 of the California Vehicle Code provides that the privilege of the person to operate a motor vehicle will be suspended or revoked until the requirements set by the court (whatever the requirements of the conviction are) have been met. A suspended driver’s license applies to all drivers’ licenses held by that person and the person must surrender such licenses to the Department of Motor Vehicles (“DMV”) or to a police officer on behalf of the department.

Section 13551(b) of the Vehicle Code states that the department must return the license to the licensee or may issue the person a new license, whenever the department determines that the grounds for suspension, revocation, or cancellation did not exist at the time the action was taken (if the person is otherwise eligible for a driver’s license). However, Section 13555 states that a termination and a dismissal of charges (an expungement or removal from the record) will not affect any revocation or suspension of the privilege of the person convicted to drive a motor vehicle. Such person’s prior conviction will be considered a conviction for the purpose of revoking or suspending or otherwise limiting such privilege on the ground of two or more convictions. In other words, even if charges are dismissed or the conviction is removed from your record, your license will still be suspended or revoked.

If your license has been suspended, you can usually apply for a restricted license. The time period to apply for a restricted license is 10 days from the day that your license has been suspended. The goal of a restricted license is to allow you to commute to and from work and also to get basic necessities like groceries. If you are caught driving outside of the scope of the restricted license, your driving privilege can be completely revoked and you can be charged with a misdemeanor.

If you or someone you love had their driver’s license suspended, revoked, or were arrested for driving on a suspended license, you should speak with a suspended license attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of cases, including DMV-related cases. Our attorneys will give you the respect and quality representation you deserve. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

California Penal Code Section 415 makes it illegal for a person to fight in public with another individual. Section 415 specifically criminalizes the following acts:

(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

This crime can be committed even if the defendant never actually fought someone. A mere challenge to a fight is enough to be considered a crime. Having an attorney to defend your rights is essential. A conviction for a fighting in public charge is punishable by imprisonment of up to 90 days in county jail, or a fine of up to four hundred dollars, or by both the fine and imprisonment.

Fights in public carry very serious consequences. If you or a loved one is facing a fighting in public charge, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys are highly knowledgeable and will give you the quality representation that you deserve. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

It was recently reported that a former hospital worker was sentenced to three years in state prison for stealing more than $300,000 cash from cash registers at the hospital’s cafeteria. Bridget Dominique Ganier worked as an executive assistant, which required her to supervise the daily cafeteria revenues and deposits. This is when she stole the money. The money was routed to her personal account where she purchased several real estate properties. She was found guilty of grand theft crimes and sentenced to three years in state prison.

Under California Penal Code Section 487, a grand theft crime is committed when the money, labor, or real or personal property taken is of a value exceeding $400. Grand theft is punishable by imprisonment in state prison for up to three years. Restitution can also be ordered. In this case, Ganier was ordered to pay $306,000 in restitution.

If you or a loved one is facing a theft crime charge, it is important that you speak with an experienced theft attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of theft crimes. Our attorneys will fully inform you of your options as they navigate through the complex court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.