San Diego Criminal Defense

It was recently reported that a San Diego man pleaded no contest to charges of vehicular manslaughter and driving in a bicycle lane. While driving in his car in January 2009, Arthur Newman struck and killed Walter Joller, who was riding his bicycle in the bike lane of Sabre Springs Parkway. Newman was not under the influence of drugs and alcohol; he simply did not see Joller. Newman pleaded no contest and was sentenced to three years probation, a fine of $700, 100 hours of community service, and 20 days of public works service.

Manslaughter is the unlawful killing of a human being without malice. Vehicle manslaughter in San Diego and throughout California is defined in three ways:

1. Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
2. Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
3. Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder.

Vehicular manslaughter without gross negligence is a misdemeanor criminal offense. The punishment for vehicular manslaughter without gross negligence is not more than 1 year in the county jail.

If you or a loved one is in a similar situation, it is important to call an experienced Southern California criminal defense firm immediately to consult with an attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending these types of cases. They have extensive knowledge of the law and will work to provide you with the best possible outcome for your case. Call Wallin & Klarich today at 877-230-1529 or visit www.wklaw.com. We will be there when you call.

It was recently reported that a San Diego woman was sentenced to 13 years and 8 months in prison after pleading guilty to kidnapping and car jacking charges. Crystal Lynn Buckingham pleaded guilty to avoid a jury trial, in which she could have been sentenced to life imprisonment if found guilty. Buckingham car jacked and kidnapped a woman in a La Mesa mall parking lot in December 2008. Buckingham used a gun in the incident. The victim escaped by jumping out of the car.

Car jacking is defined as the theft of a vehicle by using force or fear. Penalties for a car jacking conviction range from nine years to life in prison, depending on the circumstances. When a kidnapping occurs during the course of a car jacking, California law states that the penalty is life in prison with the possibility of parole. Kidnapping and car jacking both fall under the Three Strikes Law in California as well.

If you or a loved one has been charged with car jacking or kidnapping charges, contact our experienced San Diego criminal defense attorneys at Wallin and Klarich. Wallin & Klarich has over 30 years of experience successfully defending clients against these charges, helping them avoid serious jail time. Our San Diego criminal defense attorneys will begin working on your case right away and ensure that your rights are protected. Please call us at (877) 230-1529 or visit our website at www.wklaw.com. We will be there when you call.

It was recently reported that a North County man pleaded guilty to felony burglary and vandalism charges. Jovan Peter Araujo was sentenced to one year in jail, three years of probation, and ordered to pay over $10,000 in restitution costs.

Araujo and a 17-year-old minor would host parties in vacant upscale homes while the owners were away. They would inform party-goers by text message and charge for entrance. Araujo was on probation when he was arrested. He had been convicted of the same charges in the past.

Burglary is defined under California Penal Code Section 459 as entering a building, vehicle, vessel or cargo container with the intention of either stealing something or committing a felony. The state does not need to prove that you succeeded in stealing or committing a felony; it must only prove that you intended to. There are two types of burglary in California: burglaries committed in someone’s home are first-degree burglaries, which are always felonies (residential burglary); all other types are second-degree burglaries that may be charged as misdemeanors or felonies (commercial burglary). Araujo’s charges fall under the category of first-degree burglary. A first-degree burglary charge can result in a prison sentence of up to six years and is classified as a strike under California’s Three Strikes Laws. To learn more, read our Burglary section at www.wklaw.com for invaluable information.

If you or a loved one is facing robbery charges, the San Diego robbery defense attorneys at Wallin and Klarich can help you. Our attorneys will investigate the facts of your case and discuss the best defense options with you. Our attorneys will work aggressively to get your case dismissed, lessen the charges against you, or help you avoid jail time. Call Wallin & Klarich today at 877-230-1529 or visit www.wklaw.com. We will be there when you call.

It was recently reported that a North County woman was convicted of grand theft after she took money from a couple who believed her to be an immigration attorney who would help them become United States citizens. Gladys Escobar, who now resides in Los Angeles, was sentenced to three years probation (with a five year, fourth month prison sentence suspended), 120 hours of community service, and was ordered to pay the victims $8,730 in restitution.

Grand theft is a felony charge that results when the value of the property illegally taken is over $400. Theft charges can stem from incidents such as the one above in which Escobar defrauded people but they can also occur when a person illegally takes property from another with the intent of keeping the property indefinitely.

If you or a loved one is facing charges for grand theft or any other theft crime, contact our San Diego theft crime attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients get probation or community service hours in lieu of jail time. Please call us at (877) 230-1529 or visit our website at www.wklaw.com. We will be there when you call.

It was recently reported that a South Bay elementary school teacher was acquitted on ten counts of committing a lewd act on a child and one count of providing marijuana to a minor. The school teacher was accused of engaging in a sexual relationship with her then 12-year-old godson, who was also one of her students. It was alleged that the relationship began in 2004 and lasted four years. If convicted, the teacher could face 19 years in prison.

The statute for California Penal Code section 288 states that any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in state prison for three, six, or eight years.

Sex crimes are extremely serious. A conviction can lead to prison time and being required to register as a sex offender, which can affect your job status, where you live, and your standing within your community. At Wallin and Klarich, our San Diego child molestation defense attorneys understand the serious and sensitive nature of a sex crime charge. Our child molestation attorneys have the experience and expertise to provide you or a loved one with a strong and aggressive defense for your case. We will help you understand the legal process and work to protect your rights. Please call us at (877) 230-1529 or visit our website at www.wklaw.com. We will be there when you call.

Eric House, Orlando Wright, and Matthew Yanke were all arrested for probation violations as reported by San Diego 6. The three men were convicted of involuntary manslaughter in the death of a La Jolla professional surfer, Emery Kauanui. The judge in the case sentenced Yanke and House to 210 days in jail and Wright to 349 days in jail last year. They were all on probation for 3 years. Police said that all three violated their probations. Two allegedly tested positive for drugs while all three are said to have violated the order to stay away from each other and Kauanui’s family.

Probation violations must be taken very seriously. If you or a loved one has recently been arrested for a probation violation, or if you believe that you may have violated your probation, it is important to contact a San Diego probation violation attorney as soon as possible. Our experienced San Diego probation violation attorneys at Wallin and Klarich will take a close look at your case to determine what options will be available to you. Our San Diego probation violation attorneys will aid you through the process and ensure the best representation for your case. Call Wallin and Klarich at 1-877-230-1529 or fill out our consultation form online at www.wklaw.com for a free evaluation of your case. We will be there when you call.

Raul Casillas, of Chula Vista, was taken into custody after pleading not guilty to charges surrounding a scam he was allegedly running. CBS 8 of San Diego reported on the scam story. Casillas posed as a contractor using another person’s contractor license. The victims in the scam were all elderly. Casillas would take their money and then stop working on the jobs. He is facing two counts of financial elder abuse, three counts of grand theft, and eight counts of residential burglary.

Residential burglary is defined as entering a building that serves as a residence or is habitable with the intent to steal or commit any felony. Grand theft is defined as illegally taking the property, valued over $400, of another against their will or knowledge with the intent to keep the property and deny the owner of the property. A conviction for either of these crimes carries serious penalties of jail time and fines.

If you or a loved one is facing grand theft and/or residential burglary charges, our San Diego theft crime attorneys at Wallin and Klarich can help you. Our attorneys have over 30 years of experience and can provide you with the legal guidance and expertise to ensure a strong defense. Our San Diego theft crime attorneys will investigate the facts of your case and work to keep you out of jail. Call us at 877-230-1529 or contact us on our website at www.wklaw.com. We will be there when you call.

San Diego 10 News reported that following a fight, one brother shot another. Cody Summers was arrested and charged with assault with a deadly weapon after he shot his brother, Zack Summers. It wasn’t reported what the two were arguing about. However, Cody Summers used a .22 pistol and shot his brother. The wounds to Zack Summers were not critical. Cody Summers surrendered to police after a two hour standoff at the home in Alpine where the shooting allegedly took place.

Assault with a deadly weapon is commonly referred to as ADW. An ADW is addressed in the California Penal Code 245 (a) (2). It states the following: Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

If you or a loved one is facing assault with a deadly weapon charges, it is essential to have an experienced and aggressive attorney defending you. With over 30 years of experience in defending people’s rights, the attorneys at Wallin & Klarich are confident in being able to handle your case. Contact our San Diego assault criminal defense attorneys at 1-877-230-1529 or fill out our consultation form online at www.wklaw.com for a free evaluation of your case. We will be there when you call.

Warren Sapp, who played for the Tampa Bay Buccaneers and the Oakland Raiders in his successful NFL career, was arrested in Miami Beach, Florida the day before the Super Bowl. According to KTLA, Sapp was in custody for the charge of misdemeanor domestic battery. Sapp was in Miami Beach for the Super Bowl and was supposed to be a correspondent for the NFL Network in their pre-Super Bowl TV reporting. The police said the Sapp allegedly tried to choke an unnamed woman who was with him in his Miami Beach hotel room.

Battery in the state of California is defined by Penal Code 242 as “any willful and unlawful use of force or violence upon the person of another.” If the victim involved is a spouse or partner, the crime is referred to as domestic battery. This charge is a misdemeanor and a conviction can lead to jail time for up to one year and fines up to $2000. Those convicted must also attend treatment programs.

If you or a loved one is facing domestic battery charges, our San Diego criminal defense attorneys at Wallin and Klarich have over 30 years of experience and can help you. We will defend your rights and fight to get you the best possible result in your case. Call us at (877) 230-1529 or visit us on our website at www.wklaw.com. We will be there when you call.

If you have been charged with a domestic violence crime in San Diego, you are probably looking for a good lawyer to represent you in court. You are probably looking for the lawyer who knows how to beat your case and get the charges against you dismissed.

One of the best strategies for beating your domestic violence case is to have the support of the alleged victim – the person you allegedly injured – your significant other, or one-time significant other. It can be very beneficial to you if you and your domestic violence criminal defense attorney meet with the alleged victim at the same time. The alleged victim can help tremendously if he/she will write a statement in your defense.

In fact, in San Diego County, the District Attorney’s office has a form for alleged victims to fill out, giving a statement that they do not want to prosecute the charges and do not wish to testify against their partner. This can help your lawyer have your domestic violence charges dismissed in San Diego County.

If you have been accused of committing any type of domestic violence, no matter how minor or severe the charges, the experienced San Diego domestic violence defense attorneys at Wallin & Klarich can help you. Wallin & Klarich has over 30 years of experience successfully defending domestic violence charges. Contact us for today a case evaluation at 1-877-230-1529 or www.wklaw.com. We can help you.