2010 March Archive

It was recently reported that 260 inmates were released from San Diego County jails. The releases took place after a new statewide law went into effect. The law changed how sentence reductions are calculated for inmates’ good behavior and other opportunities that allow for early release. The county looked at the status of some 1,600 inmates and found that 260 of them were non-violent offenders and qualified for immediate release.

The goal of the new law is to help reduce the California prison population. The state hopes to reduce the population by 6,500 this year and has an overall goal to release 40,000 total. The 6,500 reduction should save the state $100 million in costs, ease overcrowding, and decrease health care costs for inmates.

Those who support the new law see it as a “win-win situation.” They feel that the law will ultimately reduce crime by allowing agents to focus on more dangerous convicts. Those who oppose the law say that it is a threat to public safety and want to give law enforcement more say when it comes to the early release of an inmate. California State Assembly members Ted Lieu and Alyson Huber are introducing a bill that would allow for this intervention by law enforcement.

If you are wondering how this new law might affect you or a loved one, contact our San Diego criminal defense attorneys at Wallin and Klarich today. Our San Diego criminal defense attorneys will take a close look at your case and offer you the best legal advice and counsel. We have over 30 years of experience successfully handling these matters. Call 1-877-230-1529 today to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California or visit us at www.wklaw.com. We will be there when you call.

How an Experienced San Diego Criminal Defense Attorney Can Help You

It was recently reported that a San Diego teenager, 19-year-old Derelle Oliver, was sentenced to nine years in state prison. Oliver plead guilty to “assault by means of force likely to cause great bodily injury.” Oliver, a gang member, attended a party on December 8, 2009 and pointed a BB gun at the head of 17-year-old Monique Palmer, who was later shot and killed along with another teenager later that same night. Prosecutors originally charged Oliver with murder of the two teenagers but the judge in the case found that there was not enough evidence to warrant the charges. Instead, prosecutors charged him with assault for pointing the gun at Palmer and the second teenager. Combined with Oliver’s past criminal behavior (he was on juvenile probation for robbery) and escalating criminal activity, he was sentenced to a lengthy prison term.

Under California law, assault charges are divided into different classes. Each class of assault comes with different consequences including varying degrees of jail time and fines. However, if the prosecutors find that an assault charge is related to gang activity and include this in your charge, the consequences of a conviction can dramatically increase.

Our San Diego criminal defense attorneys at Wallin and Klarich have the necessary experience and expertise to help you or a loved one who may be facing criminal charges. Our San Diego criminal defense attorneys want to make sure that your rights are protected and that you are provided with the best defense available. Call 877-230-1529 or visit www.wklaw.com for more information. We will be there when you call.

It was recently reported that a San Diego woman, 36-year-old Adreinne Feistel, plead guilty to the statutory rape of a 12-year-old boy. The boy was a former student of hers when he was 10-years-old. Police say a sexual relationship began in 2006, when the boy was 12 and ended in 2009. Feistel was originally charged with multiple counts of committing lewd acts upon a child, in which she could have served 30 years in prison if found guilty in her jury trial. Instead, she changed her plea to guilty of a statutory rape charge. She is now facing a potential sentence of three years in prison.

Under California Penal Code 261.5, statutory rape occurs when any person engages in sexual intercourse with a person under the age of 18 (commonly referred to as unlawful sex with a minor). Depending on the circumstances, statutory rape in San Diego can be charged as either a misdemeanor or a felony. If the accused is no more than three years older than the alleged victim, the statutory rape charge will be filed as a misdemeanor. If the accused is over three years older than the alleged victim or over 21-years-old and the alleged victim is under the age of 16, the statutory rape charge can be either a misdemeanor or felony. Punishment can range from probation to four years in state prison.

Sex crimes involving minors are taken very seriously by the state so it is important to contact an experienced San Diego sex crimes defense attorney right away if you or a loved one is facing a sex offense. At Wallin and Klarich, our San Diego sex crimes defense attorneys have the expertise to handle your case. Our attorneys have over 30 years experience in handling serious sex crimes charges. Call Wallin and Klarich today at 1-877-230-1529 or visit www.wklaw.com for more information. We will be there when you call.

It was recently reported that a San Diego man was arrested and charged with suspicion of robbery. Stephen Hill, of Del Mar, is accused of robbing a First Republic bank in January. Hill was pulled over in his car by the police when officers noticed Hill matched the description of the bank robber given by bank employees. Hill was taken into custody without incident. Hill allegedly went into the First Republic bank, gave a teller a note asking for money, and left with cash. The note allegedly stated Hill had a gun.

California Penal Code 211 defines robbery as “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” Robbery is punishable by imprisonment in state prison for up to nine years. Robbery is also considered a “serious felony” and will count as a “strike” under the California Three Strikes Law. Read our Three Strikes Law section for more information.

Our San Diego criminal defense attorneys at Wallin and Klarich will aggressively defend you or a loved one if you find yourself facing robbery charges. Our San Diego criminal defense attorneys have the experience and expertise needed to provide you with sound legal counsel and a solid defense for your case. Our attorneys will work to keep you out of jail. Call Wallin & Klarich today at (877) 230-1529 or visit our website at ww.wklaw.com for more information. We will be there when you call.

Paulette Dastrup Thompson, the former principal at Reynolds Elementary School in Oceanside, was recently sentenced after she entered a guilty plea to grand theft in Southern California and misappropriation of public funds. San Diego 6 News recently reported that Thompson will serve 90 days in jail and five years probation.

Thompson had been an educator for over 30 years when she was arrested for stealing over $100,000 from two PTA’s and the Oceanside school district. Through the use of checks and money wiring, Thompson used the stolen money for herself and family members. There will be another hearing to determine the exact amount of Thompson’s liability and how she will pay restitution. As part of Thompson’s sentence, the judge also imposed 400 hours of community service at a nonprofit organization.

Grand theft is punishable as a felony that involves stolen goods valued at over $400. This is a serious crime that can lead to potentially serious penalties. A conviction can result in fines and varying amounts of jail or prison time depending upon the circumstances of the case.

If you or a loved one has been charged with grand theft, it is important that you talk to an experienced criminal defense San Diego theft attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. We will represent you and fully inform you of everything that is going on in your case. Call us today at (877) 230-1529 or visit us on our website at www.wklaw.com. We will be there when you call.

It was recently reported that Robin Alarcon, a 35-year-old high school soccer coach at Del Norte High School in 4S Ranch, was taken into custody by San Diego police officers on charges of luring a minor for a sexual offense and sending harmful material to a minor with intent to seduce. Alarcon is accused of sending “very inappropriate” text messages to a female student. When the female student reported the alleged misconduct to the school, school officials immediately notified the San Diego Police Department and Alarcon was arrested.

Section 288.2 makes it illegal to knowingly send harmful materials with the intention of sexual arousal. Allegations of sexual misconduct are serious in the state of California. If convicted of luring a minor for a sexual offense and sending harmful material to a minor with intent to seduce, Alarcon could face serious fines and imprisonment.

If you or someone you love has been accused of a sex crime, call the experienced sex crimes attorneys in San Diego at Wallin & Klarich immediately. Our attorneys have over 30 years of experience handling the tough issues related to sex crimes. The sex crimes attorneys at Wallin & Klarich have the skills and expertise to provide you with the best possible defense. Our attorneys represent the California Teachers Association and have an excellent track record when it comes to resolving cases favorable for our clients. Call Wallin and Klarich today at 1-877-230-1529 or visit www.wklaw.com for more information. We will be there when you call.

For years the San Diego District Attorney’s office has used the same private independent lab to do their blood tests for them. The lab was called Pac Tox. Pac Tox would do all the tests on blood to find out whether a suspect had any drugs or alcohol in his/her system at the time of arrest. Recently, the San Diego District Attorney’s office realized more and more incidents of incorrect results coming from Pac Tox. These errors have prompted the San Diego District Attorney’s office to end its contract with Pac Tox. Now, the San Diego DA’s office uses another lab called Bio Tox.

If you recently had a criminal case out of San Diego where you plead guilty due to evidence provided to the San Diego District Attorney’s office from Pac Tox, you should consider whether you have reason to withdraw your guilty plea to overturn your conviction. You would need to find out whether there is still a sample of your blood left. To withdraw your guilty plea in San Diego, the evidence that convinced you to plead guilty should be reviewed to see whether or not they were false or inaccurate.

By hiring a lawyer who has experience with withdrawing guilty pleas on behalf of his client, you will better understand the process involved and what you are facing. It is not easy to withdraw your guilty plea, so you will want to speak with a qualified lawyer before you begin the process. At Wallin & Klarich, our attorneys have over 30 years of experience. We will defend your rights and fight to get 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.

It was recently reported that four San Diego residents, Edmundo Rubi, Benjamin Hebron, Gloria Hebron, and Joseph Encarnacion, were indicted on felony charges of conspiracy and other counts for running a Ponzi scheme. They are suspected of targeting the San Diego Filipino community. Each faces up to 15 years in prison if found guilty.

A Ponzi scheme is a pyramid investment scheme. Investors are promised high returns on their investment. The investors are paid returns from money collected from later investors rather than from any actual profits earned. The scheme was named after Charles Ponzi, who in the early 1920’s became infamous for making millions in a mail fraud scheme. Charges associated with a Ponzi scheme range from conspiracy to business fraud to theft depending upon the case.

If you or a loved one is facing a fraud charge related to any similar incident, contact the experienced San Diego criminal defense attorneys at Wallin and Klarich. Our San Diego criminal defense attorneys will aggressively defend you using their experience and expertise. Your Wallin & Klarich attorney will go over your case in great detail and provide you with the best possible defense for your case. Call Wallin & Klarich today at 877-230-1529 or visit www.wklaw.com. We will be there when you call.

Timothy Allen, age 39 of El Cajon, was sentenced for pointing a laser at a San Diego Police Helicopter last November. Allen recently plead guilty to pointing the laser at the aircraft along with some other unrelated charges last month. He received an 8 month jail sentence for the laser incident, as reported by San Diego 10 News. According to pilots, lasers can be very damaging to their ability to land a plane or aircraft. The laser can actually prevent them from seeing anything, including runways, when landing.

Under California Penal Code Section 417.25, every person who aims or points a laser scope, or a laser pointer at another person in a threatening manner with the specific intent to cause a reasonable person fear of bodily harm is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 30 days. If the laser is pointed towards a police officer, the penalty can increase. See California Penal Code Section 417.26.

If you or a loved one is facing criminal charges, our San Diego criminal defense attorneys at Wallin and Klarich have experience and expertise in all areas of criminal law. Our San Diego criminal defense attorneys want to help you by providing you with a strong defense. Our attorneys will ensure that your rights are protected and that you understand the legal process when you are facing criminal charges. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

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.