2010 January Archive

Two individuals were recently arrested in Carlsbad after allegedly convincing several people to invest in an alleged fraudulent business. The alleged victims report that they were promised high returns on their investments. The two are charged with grand theft and security fraud violations according to San Diego Channel 10. The two men are said to have looked for non-English speaking Hispanics for these investments which total over $1.2 million.

In the state of California, theft crimes can be separated into two categories: petty theft and grand theft. In order to be charged with grand theft, the item(s) or monies stolen must be valued at over $400. Grand theft can be a misdemeanor or felony charge. Possible consequences of a conviction include jail time, probation, prison, parole, restitution, fines, counseling, and community service.

At Wallin and Klarich, we have experienced San Diego theft crimes defense attorneys ready to help you if you or a loved one is accused of a theft related offense in San Diego County. Our San Diego theft crimes attorneys are knowledgeable and will work to protect your rights. Call us now so we can start evaluating the facts of your case and begin working on your defense. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

In San Diego, the law enforcement team that combats narcotics is known as Team 8. Team 8 uses kits to test whether substances that they find are drugs. One of these kits is called a Nik Kit. The Nik Kit is used to test whether a substance is cocaine base.

The San Diego Police Department Lab has recently discovered that the Nik Kits are not always accurate. In fact, they sometimes read false positives. This means that the Nik Kits may show a result that a substance is cocaine base when it is in fact not cocaine base. Both SDPD and the San Diego District Attorney’s office are aware of the problems with the Nik Kits. However, the Nik Kits are still being used.

If you have been arrested in San Diego for a drug crime, and a Nik Kit was used as evidence in order to arrest you, make sure you hire an experienced San Diego criminal defense lawyer who knows how to fight for you. You will need a lawyer who knows how to properly investigate your case to achieve the best possible outcome in your case. Can you imagine what would happen if you hired a lawyer who did not know about the problems of the Nik Kit test? It might result in a conviction or a prison sentence, which might have been avoided had your lawyer known about the problems with the San Diego Nik Kit. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

A Helix High School assistant principal was recently terminated from his position as reported by San Diego News Channel 10. The man was fired because he had given a female student a ride to the bus station. The girl apparently wanted to travel out of state to see a relative because she was having problems at home. The La Mesa School board released the former principal since it is against policy to have a student in an employee’s vehicle. There was no report of any other inappropriate actions by the assistant principal with this student or any other student. The police have also accused the man with contributing to the delinquency of a minor. He faces jail time and fines if he is found guilty of the charge.

Contributing to the delinquency of a minor includes any action that an adult might take to permit or support a minor in committing an illegal act. It also covers adults who place a minor in circumstances where illegal activity is occurring. If convicted, the accused can receive a jail sentence.

Have you or a loved one recently been charged with contributing to the delinquency of a minor or a similar criminal offense? At Wallin and Klarich, we have experienced San Diego criminal defense attorneys who can help you in your case. Our attorneys are extremely knowledgeable and will work to provide you with the best legal advice and defense against your charges. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

Reports have stated recently that Ryan Seacrest, most well known for hosting “American Idol,” is seeking a restraining order against Chidi Benjamin Uzomah Jr. after he was arrested outside of Seacrest’s work. Uzomah has allegedly been stalking Seacrest and had previously pled guilty to multiple misdemeanor charges. These charges stemmed from an event involving Seacrest also. One of Seacrest’s bodyguards was assaulted by Uzomah during the previous incident. Ryan Seacrest had a temporary restraining order against Uzomah and was granted a permanent restraining order at a hearing in November which is designed to keep Uzomah away from Seacrest for 3 years.

If you or a loved one need protection from physical abuse, stalking, harassment or threats, we at Wallin and Klarich have experienced San Diego restraining order attorneys who can assist you through the legal process of obtaining a restraining order. The courts can grant four types of restraining orders depending upon the circumstances.

If your situation involves being abused by someone close to you, you will be obtaining a Domestic Violence restraining order. If you are being harassed or threatened by someone not close to you, you will be obtaining a Civil Harassment restraining order. If you are 65 years or older or if you are an adult with certain disabilities and are being abused, you will be obtaining an Elder or Dependent Adult Abuse restraining orders. The last type of restraining order is a Workplace Violence restraining order. Your employer must obtain this order for you if you were the victim of violence at work.

Our experienced and knowledgeable San Diego restraining order attorneys will be there for you as we help you through the legal paperwork and court appearances. Call us today. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

President Obama recently signed a new hate crimes bill that will expand the scope of hate crimes. The new law lets the Justice Department get involved in ways beyond merely charging people with crimes. Now the federal government can help state and local officials tackle hate crimes by providing them with federal investigators, forensic tools, and money.

Hate crimes are covered by California Penal Code Section 422.55. For purposes of Section 422.55, a hate crime is a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

1. Disability.
2. Gender.
3. Nationality.
4. Race or ethnicity.
5. Religion.
6. Sexual orientation.
7. Association with a person or group with one or more of these actual or perceived characteristics.

If convicted of a hate crime, you could face imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine. The court will also order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her hours of employment or school attendance. However, no person may be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.

The Justice Department could grant San Diego police and prosecutors as much as $100,000 to cover the high costs of prosecuting a hate crime. The bill also includes provisions to train state and local law enforcement officials about hate crimes.

It is important to hire an experienced San Diego criminal defense attorney to deal with hate crime accusations. The attorneys at Wallin & Klarich have over 30 years of criminal defense experience. There may be a significant increase in the number of hate crime prosecution and a good defense to allegations of “hate motivation” is essential. If you or a loved one has been charged with a crime in San Diego, call the experienced attorneys at Wallin & Klarich immediately. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

On January 6, 2010, it was reported that a local San Diego resident facing drug charges was able to have his charges reduced to misdemeanors. The San Diego resident was found not guilty in December of the major drug sale charges that were brought against him. Moreover, at the sentencing on January 6, 2010 the judge held that he had served enough time in custody to not have to pay the $839 fine.

The accused in this case was involved in a medical marijuana collective in San Diego. Medical marijuana collectives are legal in California, but San Diego has yet to adopt an ordinance that effectively regulates such collectives. In fact, the San Diego City Council recently declined to implement the recommendations of the medical marijuana task force that it commissioned.

If you or a loved one has been accused of possession or possession for sale of marijuana, you should call an experienced drug crimes attorney at Wallin & Klarich immediately. Our San Diego criminal defense attorneys are familiar with local courts and are well versed in the constantly updated medical marijuana laws. The attorneys at Wallin & Klarich have the skills and expertise to provide you with the best possible defense in your medical marijuana case. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

San Diego Channel 10 recently reported a story of criminal threats made against Ramona High School in Ramona, California. The threats were allegedly made by a 19 year old senior named Korey Robert Flad. Flad was arrested and taken to Vista Jail. He was charged with making criminal threats, threatening a school, and threatening to use a weapon of mass destruction. The police have stated that the threats were all done verbally.

California Penal Code 422 covers criminal threats, which were formerly called terrorist threats. It states that “Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person shall be punished… by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.” The code includes that the threat can be made verbally, in writing, or by electronic communication. The crime can be charged as a misdemeanor or felony and is punishable with time in jail or prison. Criminal threat charges also fall under the California Three Strikes Law.

If you or a loved one has been charged with making criminal threats, contact our San Diego criminal defense attorneys. Our San Diego criminal defense attorneys at Wallin and Klarich will look at the facts of your case and help ensure that your rights are protected. We will work aggressively to defend your case to avoid jail time. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

If you are being investigated for child molestation in San Diego, there are a few things you should know. First of all, San Diego law enforcement officers sometimes work closely with the District Attorneys office and Child Protective Services (CPS) when investigating these cases. This means that law enforcement may have more information than you realize.

San Diego detectives will frequently want to interview the alleged victim quickly after receiving a report of a suspected molestation. The detective will try to convince the alleged victim to call you on the phone and try to get you to apologize for committing the crime or otherwise admit to committing the crime. This is referred to as a pretext call or a covert phone call. When this call is made, law enforcement will have often provided audio taping equipment so the conversation is tape recorded for later use in a possible criminal prosecution. What you say during this phone call can and will often be used against you in a court of law.

If you receive a phone call from a possible “alleged victim” of course you should immediately deny any allegations of wrongdoing during said phone call. If you “change the subject” or fail to deny any allegation made by an alleged victim it can be viewed as an “adoptive admission” which could be critical prosecution evidence to support a possible conviction.

The best possible advise is never talk to persons via the telephone or email about any allegations of possible wrongdoing. You just never know when that conversation can come back to negatively impact you.

If you are charged with the crime of child molestation in San Diego County, you must speak with a criminal defense law firm with experience defending sexual abuse cases. There are numerous specialized legal issues that relate to a prosecution for sexual abuse. Due to the fact that Wallin and Klarich has been representing persons accused of child molestation for over thirty years, we know what it takes to properly defend you.

Retaining an experienced San Diego child molestation defense attorney can make the difference between you going to prison for many years or being exonerated. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

Most of the drug attention in San Diego is focused on illegal marijuana coming in through Tijuana and other border towns. Many people are very surprised to learn that there has been a dramatic increase in arrests for drug smuggling in San Diego County.

Southern California is known as the hub of the pharmaceutical and biopharmaceutical industry. There are many FDA and non FDA drug trials offered by start-up companies. Some of these drug trials are name brand drugs, while others are newly designed cutting edge formulas. No matter if the drugs are cutting edge or time tested, one thing remains the same: the DEA will still monitor the movement of these drugs and prosecute individuals who abuse them.

Many of the narcotics, depressants and stimulants manufactured for legitimate medical use are subject to abuse and have therefore been brought under legal control. Under federal law, all businesses which manufacture or distribute controlled drugs, all health professionals entitled to dispense, administer or prescribe them, and all pharmacies entitled to fill prescriptions must register with the DEA. Registrants must comply with a series of regulatory requirements relating to drug security, records accountability, and adherence to standards.

If you or a loved one has been charged with illegal distribution or sale of prescription drugs in San Diego or the surrounding counties, call the experienced San Diego federal drug attorneys at Wallin & Klarich immediately. Our attorneys have over 30 years of experience in defending those facing jail sentences for alleged drug violations and have the skills to aggressively fight for your rights. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

San Diego Channel 6 recently reported a story about 11 people who were charged with more than 83 counts of insurance fraud. The group was allegedly working together, setting up car accidents to illegally collect money from various insurance companies. At this point, it is believed that they have collected around $200,000 from 11 different accidents. The man believed to be the orchestrator of the fake accidents, Jay Stoney of Chula Vista, was said to be facing 28 charges and up to 11 years in prison if found guilty.

Insurance fraud, like other types of fraud cases, involves a person who illegally obtains funds or other benefits not entitled to them. Insurance fraud can involve defrauding the following types of insurance companies: automobile, life, medical, worker’s compensation, property, fire, and/or healthcare.

At Wallin and Klarich, our San Diego criminal defense attorneys can assist you in your fraud case. Our experienced criminal defense attorneys will learn the facts of your case and aggressively defend you. The District Attorney must prove you had the “specific intent” to defraud in order to convict you. If we can develop a defense that can show you did not have the intent to defraud, then we can prevail in your case. We will help you understand the system and guide you through this difficult time. Contact us now so we can begin to help you. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.