2009 December Archive

San Diego Channel 10 News recently reported that a former teacher at Foothill Christian High School, Evan Stecklair, has been sentenced for text messages he sent to a 16 year old student. The sentencing came down after Stecklair pled guilty to sending the text messages, one which included a naked picture of his genitalia. He was sentenced to 180 days in a work furlough program and will be required to register as a sex offender for the rest of his life.

Text messages can potentially lead to criminal charges. In the state of California, laws now exist pertaining to electronic messages commonly known as “sexting.” The law states that it is illegal to send or receive text messages or photos, or communicate by phone or email with a minor regarding anything considered sexually explicit. A person can be charged with the following crimes: communicating with a minor with the intent of committing a lewd act or sending harmful matter with the intent of seduction. Both of these crimes are considered felonies and if convicted, a person could be facing prison time as well as being required to register as a sex offender for life.

If you or a loved one is facing a sexting crime charge, it is important to contact an experienced San Diego sex crimes defense attorney. At Wallin and Klarich we have been defending clients for over 30 years against sex crime charges. Our experienced San Diego sex crimes defense attorneys will work with you to aggressively defend your case. Contact our attorneys today by calling 1-877-230-1529 or visit www.wklaw.com for more information.

Reckless driving in San Diego is regarded by judges and prosecutors alike as a serious crime. This is especially true if the driver was doing one of the following:

• going over 95 mph
• driving off road (such as on a sidewalk or island)
• intoxicated while driving
• attempted to evade law enforcement officers, or
• had a child in the car at the time.

San Diego judges and prosecutors send those convicted of reckless driving to jail for extended periods of time, sometimes up to 90 days. If someone was injured due to reckless driving, the sentence will be much harsher.

Wallin and Klarich has successfully represented clients for over 30 years who have been accused of reckless driving in San Diego and have been able to keep the vast majority of them from serving one minute in custody. When speaking with the prosecutors and judges, we have been able to convince them to impose alternatives to incarceration. Our clients have been extremely grateful for our efforts on their behalf.

If you or a loved one have been accused of the crime of reckless driving in San Diego, make sure you speak with an experienced San Diego criminal defense lawyer to represent you on your case. You need the best outcome possible. Contact us as soon as possible via phone at 1-877-230-1529 or fill out our consultation form online at www.wklaw-sandiego.com for a free evaluation of your San Diego County case. We’ll help you figure out the next step, an answer any questions you might have.

In San Diego, law enforcement detectives will frequently make contact with a criminal suspect before San Diego prosecutors actually file criminal charges against the suspect. The purpose of the contact is the detective wants to interview the suspect to gain more evidence against him.

Many people in San Diego who are being investigated for a crime by a San Diego police detective call us to help them. There are 5 reasons why you should hire our San Diego criminal defense lawyers to represent you even before criminal charges are filed against you. We have been successful in achieving all of these 5 goals for previous San Diego clients.

1. We can often speak with the law enforcement detective assigned to your case to provide him with a “legal side of your story”. In some instances we have been able to convince detectives to drop investigations of child molest, residential burglary, vandalism, DUI, and many other crimes. This resulted in our clients never being arrested.
2. If the law enforcement officer does forward the case on to the prosecutors so that they can file charges, we can often speak with the prosecutors and attempt to convince them not to file criminal charges against you. We have been successful in achieving this goal for clients who were accused of rape, hit and run, vandalism, domestic violence crimes, DUI, and many other crimes.
3. We can speak with law enforcement and often have been able to convince them to proceed with the charges as a misdemeanor instead of a felony. We have been successful with this strategy for commercial burglary, grand theft, domestic violence, and many other crimes. This has been extremely beneficial for many of our clients.
4. We can speak with the law enforcement officers and attempt to convince them not to arrest our clients at their home or work. We have been successful achieving this goal with crimes such as child molest and check fraud. Of course this has saved our clients the massive embarrassment of being arrested in front of their neighbors or co-workers.
5. We can often speak with law enforcement officers and prosecutors to convince them to file charges in the courthouse which then means that our clients are not arrested and they do not have to pay thousands of dollars in bail bonds fees. Nobody wants to go through the trauma and expense of being arrested and having to pay thousands of dollars to be released. Our law firm’s ability to work with law enforcement to attempt to have you “surrendered” at the courthouse has very often resulted in our clients not being arrested or having to post bond fees.

We hope this bit of advice has been helpful. If you or a loved one has been accused of committing a crime in San Diego County, contact us as soon as possible via phone at 1-877-230-1529 or fill out our consultation form online at www.wklaw-sandiego.com for a free evaluation of your San Diego County case. We’ll help you figure out the next step, an answer any questions you might have.

San Diego Channel 6 recently reported that Matthew McKinney was arrested on multiple drug charges in La Mesa. He is facing charges for possession of heroin for sale after the police confiscated 25 grams of heroin. The police also found multiple marijuana plants, a loaded shotgun and handgun, and thousands in cash. McKinney is also charged with growing marijuana and drug and firearm possession. He was arrested at his apartment and taken to county jail.

Those facing drug charges in California are facing serious penalties. From minor to serious drug charges, penalties are very stern and can include jail time, fines, and driver’s license suspension. However, if you hire an experienced San Diego criminal defense attorney, your attorney can help you find other alternatives.

Depending upon the facts of your case, you may be eligible for “drug court,” “Prop. 36,” “PC 1000,” or perhaps dismissed or reduced charges. If you or a loved one are accused of more serious drug charges, our skilled and knowledgeable San Diego criminal defense attorneys will help ensure that your rights are protected and provide you with a strong defense to lead to a favorable outcome. Contact us as soon as possible via phone at 1-877-230-1529 or fill out our consultation form online at www.wklaw-sandiego.com for a free evaluation of your San Diego County case. We’ll help you figure out the next step, and answer any questions you might have.

San Diego Channel 6 recently reported that a school bus was in an accident near Euclid Avenue and Guymon Street in San Diego. The school bus had no students in it at the time of the accident. The San Diego school bus driver was believed to have suffered a seizure or other medical issue which possibly caused the accident. The accident ended with the school bus plowing into the front of a home after hitting a minivan. Both the San Diego school bus driver and two people from the minivan were taken to the hospital.

In situations like the one above, the driver could face having his/her driver’s license suspended and potentially revoked by the DMV. The state of California can take a driver’s license if it is determined that the person has a physical or mental condition that can affect his/her driving abilities.

Have you or a loved one recently had your license suspended following a medical issue like a seizure? If the California DMV feels that you have such a condition, a P&M (Physical and Mental) hearing must be held. It is important to contact an experienced San Diego DMV Hearing attorney to represent your interests and your rights at the hearing.

At Wallin and Klarich, our San Diego DMV Hearing attorneys have successfully represented many clients in this situation. Our knowledgeable San Diego DMV hearing attorneys will work to ensure that the facts of your case are heard. Many drivers in your situation are still able to safely drive and shouldn’t lose their driving privileges. Contact us as soon as possible via phone at 1-877-230-1529 or fill out our consultation form online at www.wklaw-sandiego.com for a free evaluation of your San Diego County case. We can work to reinstate your driving privileges.

Two teenagers were recently taken into custody after a hit and run accident in San Diego that left another teen in the hospital. San Diego Channel 10 News reported the story after the incident which occurred in Otay Mesa. According to witnesses, the hospitalized teen was driving his car near the intersection of Beyer Way and Picador Boulevard when he was struck by a SUV. The SUV left the scene but was followed by another witness who contacted the police. The police later arrested the two teenagers who were in the SUV.

In the state of California, it is mandatory to stop when involved in an accident. The driver must attempt to locate and notify the owner of the damaged property and produce his/her driver’s license and proof of insurance. If the driver does not stop, he/she could be charged with a hit and run. A hit and run charge can either be filed as a misdemeanor or felony. The charge is usually determined by the level of seriousness of the accident. If there was minimal property damage and no one was injured, the San Diego prosecutors typically charge the crime as a misdemeanor. Penalties can include jail time, fines up to $1000, and possible license suspension. If the accident caused injury or death, the charge will most likely be filed in San Diego as a felony. Penalties can include 4 years in state prison, substantial fines, and loss of driver’s license.

If you or a loved one has recently been charged with a hit and run, please contact our San Diego criminal defense attorneys at Wallin and Klarich. We will look closely at the facts of the case to ensure that we can effectively defend your case. We will work to find ways to get the charged reduced or dismissed. Contact us as soon as possible via phone at 1-877-230-1529 or fill out our consultation form online at www.wklaw-sandiego.com for a free evaluation of your San Diego County case. We’ll help you figure out the next step, an answer any questions you might have.

San Diego News 10 recently reported that a 17 year old boy is currently in juvenile hall following the death of Hector Nava. The teenager was accused of murdering Nava with a gun in Oceanside, California. Nava is the brother-in-law of the suspect (whose name has not been released because he is a minor.) As of now, there is currently no known motive for the shooting. The investigation is still in process.

Murder charges are extremely serious. It is vital that you have an experienced San Diego criminal defense attorney if you or a loved one is currently suspected of murder or other violent crimes. There are multiple levels of murder charges including first degree murder (premeditated), second degree murder, and manslaughter. Within the charge of manslaughter there are three other levels of charges: voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. Each of these crimes is punishable with prison time ranging from 2 years to a mandatory 25 years to life in prison. Each of these crimes require a knowledgeable and skilled, serious felony criminal defense attorney to ensure that your rights and defense are handled with the utmost importance.

Wallin and Klarich has been successfully representing persons accused of homicide charges for over 30 years. We urge you to contact us if you or a loved one is facing a serious criminal charge. You can reach us via phone at 1-877-230-1529 or fill out our consultation form online at www.wklaw-sandiego.com for a free evaluation of your San Diego County case. We’ll help you figure out the next step, an answer any questions you might have.

San Diego 10 News reported that Lance Louis, a former San Diego State football player, has been charged with a misdemeanor assault against his fellow SDSU teammate, Nick Sandford. The incident allegedly occurred last fall at which time Sandford sustained a broken cheekbone and eardrum as well as a concussion. Lance Louis is now a rookie lineman for the Chicago Bears.

Misdemeanor assault charges are serious charges that can result in a person having a criminal record, up to a year in jail, probation, and substantial fines if convicted. California Penal Code 240 states that “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

However, assault charges can be defended. We at Wallin and Klarich have knowledgeable San Diego criminal defense attorneys who can assist in your defense against a misdemeanor assault charge. Our goal is to find out the facts and then work with you to ensure that your rights are protected. If you were acting in self-defense, if you were falsely accused, if you lacked intent to injure, or if you want to ensure that your side of the story is heard, contact our San Diego criminal defense attorneys to assist you in your criminal defense case today. Call 877-230-1529.

Now that you know what you’re not looking for in a lawyer from Part I of this blog, the next question is what are you looking for? The type of San Diego criminal defense attorney you are looking for is just like the lawyer that supervises and manages our San Diego office. He went to law school in San Diego. He studied law with prosecutors in the San Diego City Attorney’s office and San Diego District Attorney’s office who handle criminal cases. He went to class with them every day. He teamed up with them in mock trial competitions while in law school.

His family members have strong connections with local judges. It is not uncommon for judges and commissioners to ask him about how his family is doing and wish them well. He has had judges stop the entire courtroom procedures just to stop to talk to our San Diego lawyer about his family and how things are going.
Now, while retaining this type of lawyer will not guarantee you a particular result in your case, doesn’t it make logical sense that you would want a lawyer like that on your side if you are facing a criminal charge in San Diego County?

We hope this bit of advice has been helpful. If you or a loved one has been accused of committing a crime in San Diego County, contact us as soon as possible via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County case. We’ll help you figure out the next step, an answer any questions you might have.

If you are facing criminal charges in San Diego County, you may have already spent countless hours on the internet looking for advice and help on what to do. You may have looked at profiles of dozens of criminal defense lawyers, only to be left still confused and not knowing how to proceed or who to hire. How do we know this? Because we see it all the time. Having defended persons facing criminal charges in San Diego for many years, we can offer you some very solid advice. Here is just one very important bit of information you should consider before making your decision on whom to hire to help you.

When you are facing a criminal charge in San Diego County, and you are about to hire a criminal defense lawyer to represent you, make sure you hire a San Diego criminal defense lawyer—one who works day in and day out only in the San Diego courts. You need a lawyer who knows the San Diego courts, knows the San Diego judges, and knows the San Diego prosecutors. You even need a lawyer who knows the various San Diego police agencies and police officers.

The lawyers who work in our San Diego office work exclusively in San Diego. They know the local courts and the best judges or prosecutors to talk to about your case. They know how to get criminal charges dropped and serious charges resolved without jail time being imposed. Here is what our San Diego lawyers have seen over the years:

• On multiple occasions, judges have treated out-of-town lawyers worse than they would normally treat hometown San Diego criminal defense lawyers
• On many occasions, prosecutors would not give to out-of-town lawyers the great deals that the prosecutors would have otherwise given if the lawyer were a hometown San Diego lawyer
• A judge, who absolutely loves the San Diego Chargers (and has posters of the San Diego Chargers in the courtroom) was less than friendly with an attorney who dared mention the New England Patriots in open court

Another important thing to remember is you want to hire a local San Diego lawyer who limits his legal practice to defending persons accused of crimes. You would likely be making a mistake to hire a local San Diego lawyer who one day will be handling a civil case or a medical malpractice case and the next day attempt to represent a criminal client. So, while you want to hire a lawyer who works in San Diego, you don’t want to hire just any old San Diego lawyer. You want a lawyer who handles criminal cases every day.

If you have a question about your criminal case in San Diego County, contact us as soon as possible via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County case.

Read our next post to find out more information about hiring a San Diego criminal defense attorney.