2010 February Archive

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.

It was recently reported that a San Diego man pleaded guilty to felony child endangerment charges. According to police, the man left his one-year-old son in his locked car while he went to a grocery store. The temperature in Escondido on the day of the incident was 96 degrees. Witnesses who heard the child crying called the police, who broke into the car to save the child. The police found the man shopping in the store, who admitted that he had left the child alone for about 25 to 35 minutes. The man was sentenced to 180 days in jail and mandatory parenting classes.

Child endangerment offenses occur when an adult, by his own indifference or carelessness, puts a child’s life or health in harm’s way. Penalties can include time in county jail or state prison for up to six years if convicted.

If you or a loved one is facing child endangerment charges, it is important to contact an experienced San Diego criminal defense attorney as soon as possible. At Wallin & Klarich, our San Diego criminal defense attorneys can help protect your rights and investigate the facts to help mount a strong defense for your case. We have over 30 years of experience successfully handling these serious matters. 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.

It was recently reported that a San Diego woman was arrested and charged with two counts of burglary and two counts of robbery. The woman was arrested on suspicion of robbing banks in Temecula and Poway. A motive has not been released by police but financial difficulty has been alluded to as the woman, a married mother of five, has bankruptcy in her history.

Many people are unsure of the difference between burglary and robbery. A person can be facing burglary charges if he/she entered a building, vehicle, vessel, or cargo container with the intention of either stealing something or committing a felony (California Penal Code 459). A person can be facing robbery charges if he/she unlawfully took or attempted to take personal property in the possession of another, from his person or immediate presence, and against his will, by means of force or fear (California Penal Code 211). Both charges can involve serious penalties if convicted.

If you or a loved one is charged with robbery or burglary charges, Wallin & Klarich have experienced San Diego criminal defense attorneys who will aggressively defend you in your case. Wallin & Klarich has over 30 years of experience handling criminal defense matters and will work with you to ensure that you have a strong defense to avoid jail time and fines. Contact us at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

Many of us are taught from a young age that it is important to cooperate with the police. We are told that cooperation leads to less suspicion of a crime and is the best way to avoid getting arrested. Police around the country are aware of this and are trained to take advantage of this mindset.

Cooperation with the police is always advised – you shouldn’t be aggressive or threatening; but at the same time, you shouldn’t be passive or overly nice. Police officers are trained to investigate. There are certain limitations to police officer investigative techniques but they are often hard to recognize and enforce.

For example, if you are stopped by the police in an automobile, you have been seized and the police officers have a right to search your vehicle and use any evidence found against you. However, if a police officer comes to your home, they generally must have a search warrant to look around and you are not obligated to answer any questions.

As a general rule, when a police officer asks if they can “look around” or “check your bag,” they are really searching for evidence to use against you. If you say “yes” to these questions, then you have waived your constitutional right under the Fourth Amendment to be free from illegal searches and seizures. If this “consent search” turns up any illegal evidence, it can be used against you.

The correct answer to a police officer when he asks to search you or an area around you should be a resounding “no.” At that point the officer might produce a warrant or may state that he will arrest you if you do not cooperate. Do not be fooled by this tactic. If he has a warrant he must show it to you and if he is going to arrest you he must have probable cause. At this point you should call one of the experienced San Diego criminal defense lawyers at Wallin & Klarich.

The attorneys at Wallin & Klarich have over 30 years of experience handling criminal investigations and are well aware of the police tactics used to elicit incriminating evidence. Once we are contacted, our experienced attorneys can deal with police officers directly, ensuring that none of your Constitutional rights are violated. Hiring an attorney from Wallin & Klarich could make the difference between charges being filed or the investigation being halted. Our attorneys can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com. We can help you.

It was recently reported that Antonio Cromartie, a football player for the NFL’s San Diego Chargers, is under investigation by the San Diego Police Department for assault with a deadly weapon. According to investigators, Cromartie and his teammates were celebrating a win against the Denver Broncos at Bar West, a local Pacific Beach bar. While there, Cromartie allegedly struck a man on the back of the head with a champagne bottle. Cromartie maintains the bottle slipped out of his hands. Should investigators determine there is enough evidence, Cromartie could face a potential assault with a deadly weapon charge.

If you or a loved one has recently been charged with assault with a deadly weapon, contact our Wallin & Klarich San Diego criminal defense attorneys. We have over 30 years of experience successfully defending clients against these charges. Our San Diego criminal defense attorneys will investigate the facts of your case and determine the best defense strategy. We will protect your rights and help you through the legal process. Call us today at (877) 230-1529 or visit our website at www.wklaw.com. We can help you.

Sheriff’s deputies in San Diego are making an increased effort to enforce traffic safety laws in high school areas. The goal is to promote safe driving to younger high school-age drivers. Deputies will be looking for two things: provisional licenses and seat-belt violations.

California law does not allow licensed drivers under the age of 18 to drive with passengers under the age of 20 unless a licensed driver over the age of 25 is in the vehicle. Additionally, teens are prohibited from driving between 10 p.m. and 5 a.m.

So far, the checkpoints at Santana High School and West Hills High School have resulted in 36 citations covering 50 violations.

If you or a loved one has been cited with a traffic violation, you should call the San Diego traffic attorneys at Wallin & Klarich immediately. Our attorneys are familiar with the local courts and have the skills and expertise to provide you with the best possible defense. Driving is an important privilege in Southern California. Let the attorneys at Wallin & Klarich help you keep it. Our attorneys can be reached by phone at 1-877-230-1529 or through our website, www.wklaw.com. We can help you.