2009 November Archive

Jose Zardon of Escondido was arrested, as reported by San Diego Channel 6, for attempted armed robbery and assault with a deadly weapon in north San Diego County. He allegedly entered a store on West El Norte Parkway in Escondido and used a gun to demand money from the cashier. The cashier was able to disarm Zardon, who ran off. The vehicle he used for the robbery was identified and helped police locate and later arrest him.

Attempted armed robbery in San Diego is defined as trying to illegally take the property of another with the use of a weapon. Assault with a deadly weapon is defined as unlawfully trying to violently injure another person with means of force or a deadly weapon. The penalties for both of these crimes are very serious if you are convicted. If you are convicted of these crimes, you are facing having a strike conviction on your criminal record. Not only would you be facing significant amount of time in prison, but the conviction would also have a serious negative impact on your future opportunities to obtain employment.

As you can see, the penalties involved are great. This is all the more reason for you to hire a great lawyer to defend you. If you or a loved one is currently facing robbery or assault charges, please contact us immediately at Wallin and Klarich via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County case. We have experienced and skilled San Diego Criminal Defense attorneys who can aggressively handle your robbery and assault case. We understand the seriousness of your situation and will provide you with the best legal counsel.

Recently San Diego Channel 10 reported on an arrest of an 18-year-old man in San Pasqual in San Diego County. The man was arrested of suspected DUI and child endangerment charges. A 14-year-old minor was a passenger in the man’s vehicle and was injured when the vehicle rolled on San Pasqual Valley Road.

Child endangerment is defined as a criminal action in which an adult places a minor child in an unsafe and potentially harmful situation. The charge can either be a misdemeanor or felony. When child endangerment is charged in connection with a DUI, it is often charged as a felony. The potential consequences of felony DUI and child endangerment conviction can include jail time, probation, mandatory DUI classes and child abuser classes, stay-away conditions from the minor, substantial fines, suspension of your license, and community service. In fact, the law requires the judge to sentence a person convicted of these crimes to a mandatory minimum jail sentence.

If you or a loved one have been charged with child endangerment in connection with a DUI, it is important to seek out legal counsel since a conviction carries hefty consequences. At Wallin and Klarich, our San Diego DUI attorneys can inform you of your rights, help plan your defense, and help you understand the often complicated legal system in regards to your DUI and child endangerment charges.

If you have been arrested or charged with DUI and/or child endangerment, make sure you hire an excellent criminal defense lawyer who can fight your case for you—and with you. If you would like to speak to a San Diego criminal defense lawyer about your criminal case, contact Wallin & Klarich right away via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County case at www.wklaw-sandiego.com.

We frequently receive calls in our San Diego office from people who have fallen behind on their child support payments. Sometimes, they have not paid the ordered child support for years and their arrears have added up to tens of thousands of dollars. They call us wanting to know how they can reduce their child support balance.

One thing to consider is whether or not the San Diego child support order actually reflected who had custody of your child. For example, you could cut your child support obligation if the child support order was based on you having no custody or visitation with your child at all, when actually your child had been living with you for some period of time.

For example, we had one San Diego client who had child support arrears backed up for a number of years. It turned out that during that time, he had actually had custody of his child for about half that time. Our San Diego child support lawyers were able to convince the judge not to enforce all of the child support arrears that had accumulated during that time. The end result was that Wallin and Klarich was able to cut our client’s child support obligation by approximately 75%. Can you imagine what effect that would have on your daily life if you were able to cut your child support obligation by that much?

If you have child support arrears in San Diego court, make sure to speak to a qualified and knowledgeable San Diego child support lawyer about your options. You can give us a call anytime. Please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County family law case.

If you are pulled over for a driving under the influence in San Diego, there is a good chance you will be arrested. When you are arrested for a DUI in San Diego, the law enforcement officer that arrests you will take you to the police station. While there, he or she may have you blow into a breath test machine or they may take your blood.

At the station, you may be kept in a holding cell. Sometimes, the holding cell will be full of other individuals who were also arrested for DUI. Some of these people may decide to bail out. Those who do not bail out will typically only be held for about 8 hours. The law enforcement officers want to hold you in custody for long enough so that you are sober by the time they release you. Given the likelihood that you will be getting out within a relatively short time, it might be wise for you to not bail out.

The money that you save on bail bonds fees can be put to very good use when you retain an experienced DUI defense law firm to help you. You will be facing a likely DMV suspension as well as a criminal case where you face the possibility of jail time, high fines, the loss of your driving privilege and possible loss of your automobile insurance.

If you have been arrested or charged with DUI, make sure you hire an excellent criminal defense lawyer who can fight your case for you—and with you. If you would like to speak to a San Diego criminal defense lawyer about your criminal case, contact Wallin & Klarich right away via phone at 1-877-230-1529 or fill out our consultation form for an evaluation of your San Diego County case at www.wklaw-sandiego.com.

San Diego Channel 6 reported that a man from Massachusetts, who was traveling across country on his motorcycle, died in Carlsbad, California. The motorcyclist was on Carlsbad Boulevard when the accident happened. He and a friend (also from Massachusetts) were stopped at a red light on their bikes. It is alleged that a suspected drunk driver, Keith Roles from Poway, California, hit the man on his motorcycle from behind. Roles is suspected of driving approximately 60 miles per hour when he hit the man. Roles was taken to Vista County Jail with charges of vehicular manslaughter and DUI.

This is one of the dangers of driving under the influence. If something goes wrong and someone dies as a result of your DUI, you could be charged with manslaughter or even murder. In fact, if you had a previous DUI conviction and this happened, the odds are you will be charged with 2nd degree murder. The residents and police of San Diego’s North County have a strong policy to aggressively prosecute all those whom are arrested for a DUI. This means that, if you are arrested for vehicular manslaughter or a DUI, you need an experienced San Diego DUI defense lawyer on your side who feels strongly about protecting your legal rights.

If you have been arrested or charged with DUI or Vehicular Manslaughter, make sure you hire an excellent criminal defense lawyer who can fight your case for you—and with you. If you would like to speak to a San Diego criminal defense lawyer about your criminal case, contact Wallin & Klarich right away at 1-877-230-1529 or fill out our consultation form for a free phone evaluation of your San Diego County case at www.wklaw-sandiego.com.

Salina Galindo recently plead not guilty to felony false impersonation charges in a San Diego Criminal Court. San Diego Channel 6 reported on her story in connection with the high speed car chase that ended in the death of the driver, Carlos David Martinez. Galindo was allegedly the passenger in the vehicle. The vehicle had been reported stolen. When it was located and put under surveillance by the police, Martinez and Galindo were allegedly seen getting into the vehicle. Martinez allegedly rammed into the police vehicle that approached the vehicle and Galindo was thrown from the vehicle. She was then arrested. She is also facing a misdemeanor for giving false information to officers. Galindo could potentially spend 3 years in state prison if convicted of these charges.

From this example, you can see how important it is to always be truthful when speaking to San Diego law enforcement. However, the best advice is to refuse to speak to a police officer about the facts of your case. If the officer believes that you were untruthful in speaking to him, then you may be facing a serious criminal charge. If convicted, you will potentially be hit with hefty fines as well as time in jail and probation. This is why for over 30 years we have advised our clients to just keep their mouths shut and politely tell the police officer you do not choose to speak to them.

If you or a loved one has been charged with false impersonation, make sure to speak to an experienced legal counsel like our San Diego criminal defense attorneys at Wallin and Klarich today at 1-877-230-1529 or fill out our consultation form for a free phone evaluation of your San Diego County criminal case.

Source:http://www.sandiego6.com/news/local/story/Woman-Involved-in-Wild-Police-Chase-Pleads-Guilty/wBpjWv-g-0WettOpyRpw0g.cspx

San Diego Channel 6 reported that Marcus Giles, a former second baseman for the San Diego Padres, was arrested for suspected spousal abuse. He was arrested in El Cajon when his wife told police that he had assaulted her in their car. His wife did not go to the hospital , but he was taken to the San Diego county jail downtown. He was later released on bond.

If you or a loved one has recently been charged with spousal abuse or domestic violence in El Cajon, it is important to be aware of the seriousness of the charge. The state of California has extremely aggressive domestic violence laws, and the prosecutors in the El Cajon courts are serious about domestic violence. Potential penalties include the following:

1. Significant fines
2. State prison or county jail time
3. Mandated attendance of anger management classes
4. Reimbursement to victim of expenses or costs incurred, such as medical costs and lost wages
5. Probation for 3 to 5 years

Police can automatically arrest you if they have probable cause to believe that you committed domestic violence, and domestic violence suspects are almost always arrested. This is especially true in El Cajon, where the El Cajon police take domestic violence very seriously. The crime can be charged as either a misdemeanor or felony depending on the facts of your situation. A domestic violence conviction on your record can have many lasting impacts on your life including restricting or denying visitation or custody of a child, and including the loss of your right to own or possess firearms.

If you have been arrested for a domestic violence crime in El Cajon, it is important that you hire an experienced El Cajon domestic violence criminal defense attorney as soon as possible. The criminal defense attorneys at Wallin and Klarich can help you avoid many of the serious impacts of a domestic violence charge, including a reduction or a complete dismissal of the charges.

If you would like to speak to a San Diego criminal defense lawyer who has successfully handled many domestic violence cases in the past, call Wallin & Klarich at your earliest opportunity via phone at 1-877-230-1529 or fill out our consultation form for a free phone evaluation of your San Diego County criminal case.

Source:http://www.sandiego6.com/news/local/story/San-Diego-Padres-Marcus-Giles-spousal-abuse/X0CxoWgIB0mNnU9mW4mqXw.cspx

If you or a loved one has recently been charged with a DUI in San Diego, you might be wondering what potential consequences you could be facing. Each case is obviously different, so the consequences can vary. However, if this is your first time DUI offense, here are some of the possible penalties for the DUI misdemeanor in San Diego:

1. Jail time for up to 6 months
2. Informal probation for up to 5 years
3. Court ordered community service
4. Court ordered public work service
5. Attendance at state approved DUI classes for 3-9 months
6. Attendance at Alcoholics Anonymous meetings
7. Attendance at Mothers Against Drunk Driving (MADD) panels/meetings
8. Ignition interlock device
9. License suspension for up to 6 months
10. Fines from $390 to $1000 plus penalty assessments, which brings the total fines to almost $2,000

Remember that these are the possible consequences. Be aware that consequences can be more harsh if an accident also occurred in conjunction with the DUI arrest or if other drugs were involved or if your Blood Alcohol Concentration (BAC) is high.

We, at Walling and Klarich, want to make sure that you understand the process as we work to obtain the best outcome for your first time San Diego DUI offense. Our aggressive and knowledgeable San Diego DUI attorneys can help you through this difficult process and will work to help you avoid jail time and a loss of your driving privileges.

If you or someone is facing DUI charges in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.

We meet many people who have been arrested for committing crimes in San Diego County. Of all the crimes, “drunk in public” appears to be the most over-charged crime in San Diego. San Diego police officers routinely will arrest someone for being “drunk in public” for a variety of reasons. It usually happens when the citizen does not give in to the police officer’s demands, or when the citizen simply insists on protecting his own constitutional rights, or even when the citizen merely smells like he has had some alcohol recently. The problem is that none of these facts, by themselves or even altogether, are sufficient evidence to convict someone of the crime “drunk in public.”

“Drunk in public” is the common name given to California’s Penal Code 647(f). This code section tells us that, in order to convict a defendant of being drunk in public, the prosecutor must prove that the defendant either:

1. was influenced by alcohol or drugs so strongly that he could not care for himself or others, or
2. was influenced by alcohol or drugs to such a degree that he interfered with the free use of any street or sidewalk. In either situation, the prosecutor must also prove that you were in a public place at the time.

As you can see, simply being drunk, smelling like alcohol, slurring your words, or even being a jerk or a mad drunk (or a happy drunk) is not enough to convict you of being drunk in public. Evidence that you were not “drunk in public,” as the law defines it, would include the fact that you had an intelligible conversation with the San Diego police officer, the fact that you were able to call a cab at the time and remembered your own address so you could tell the cab where to take you. If you could do these things, clearly you were able to care for yourself and others and make sure you ended up back at home safe and sound.

Knowing what you know now, if you have been charged with being “drunk in public,” you need to make sure you hire a knowledgeable and experienced San Diego criminal defense lawyer to fight your case. Seeing as how this is one of the most over-charged crimes in San Diego County, chances are the prosecutor and the cops will not actually be able to prove you are guilty. You need a San Diego criminal defense lawyer to prove that point to them. If you would like to consult with a San Diego criminal defense lawyer, contact Wallin & Klarich today.

If you or someone you love is facing Drunk in Public Charges in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.

When you find yourself facing a San Diego DUI charge, you might be wondering, “How can I help with my defense?” The first and most important thing you can do is to contact an experienced and knowledgeable San Diego DUI attorney who knows all of the DUI laws in the state of California. Since a DUI case is very complex, this San Diego DUI attorney will make a big difference in how smoothly your case proceeds and in the potential outcome of your case. Along with hiring a great lawyer, you should also do the following:

1. Write down all potential witnesses. This will include your friends and others who were present prior to or during your arrest.
2. Write down all of the events that occurred prior to the arrest and following your arrest. Remember to do this quickly as our memories often fade over time. Include time frames if you can recall them.
3. Collect any documents that can help demonstrate your good character. These documents can include character reference letters from friends, family, and employers. Obtain documents showing your employment history and opportunities you’ve taken to help in your community. If you can obtain statements from friends describing your responsible drinking habits in the past (such as always using a taxi or a designated driver), then those statements would be helpful.

All of these things will assist your San Diego DUI lawyer in developing your defense plan and helping them provide you with the best possible outcome to your DUI case.

If you or someone is facing DUI charges in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal and DMV case.