2010 April Archive

In U.S. v. Juvenile Male, the Ninth Circuit Court of Appeals held that it is unconstitutional to require juveniles who had been convicted of a sex crime to be registered offenders.

In a surge of national concern over the commission of sex offenses, particularly those against children, Congress in 2006 enacted the Sex Offender Registration and Notification Act (”SORNA”) and applied its registration and reporting requirements not only to adults but also to juveniles who commit certain serious sex offenses at the age of fourteen years or older. The U.S. Attorney General, exercising authority delegated by Congress, determined that SORNA would apply retroactively to all sex offenders convicted of qualifying offenses before its enactment, including juvenile delinquents. 28 C.F.R. § 72.3 (2007).

SORNA establishes a comprehensive national system for the registration of sex offenders and requires anyone convicted of specified crimes, including aggravated sexual abuse, to register with the national sex offender registry. 42 U.S.C. § 16911(4)(A)(i). SORNA defines convictions to include juvenile delinquency adjudications of aggravated sexual abuse if the offender is fourteen years of age or older at the time of the offense. 42 U.S.C. § 16911(8).

The retroactive application of SORNA’s provision requiring registration and reporting by former juvenile offenders imposes immense burdens, not only through burdensome in-person registration and reporting requirements, but, more important, through the publication and dissemination of highly prejudicial juvenile adjudication records of individuals who have committed no offenses since their adolescence — records that would otherwise remain sealed. For this reason, the Ninth Circuit Court of Appeals concluded that the requirement served more as a punishment than as a comprehensive system to track sex offenders.

The Ninth Circuit Court of Appeals further reasoned that the requirement serves to convert a rehabilitative judicial proceeding, sheltered from the public eye, into a punitive one, exposed for all to see, and with long-lasting substantially adverse and harsh effects. In holding the requirement unconstitutional, the court stated that in some instances, the retroactive implementation of SORNA’s provisions will most certainly wreak havoc upon the lives of those whose conduct as juveniles offended the fundamental values of our society but who, we hope, have been rehabilitated.

Registration as a sex offender is a heavy burden to carry. If you or a loved one has been accused or convicted of a sex offense, it is important that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. We will defend your rights and fight to get you the best possible result in your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

The State of California has the power to revoke your driver’s license if you have been convicted of certain crimes. Section 13500 of the California Vehicle Code provides that the privilege of the person to operate a motor vehicle will be suspended or revoked until the requirements set by the court (whatever the requirements of the conviction are) have been met. A suspended driver’s license applies to all drivers’ licenses held by that person and the person must surrender such licenses to the Department of Motor Vehicles (“DMV”) or to a police officer on behalf of the department.

Section 13551(b) of the Vehicle Code states that the department must return the license to the licensee or may issue the person a new license, whenever the department determines that the grounds for suspension, revocation, or cancellation did not exist at the time the action was taken (if the person is otherwise eligible for a driver’s license). However, Section 13555 states that a termination and a dismissal of charges (an expungement or removal from the record) will not affect any revocation or suspension of the privilege of the person convicted to drive a motor vehicle. Such person’s prior conviction will be considered a conviction for the purpose of revoking or suspending or otherwise limiting such privilege on the ground of two or more convictions. In other words, even if charges are dismissed or the conviction is removed from your record, your license will still be suspended or revoked.

If your license has been suspended, you can usually apply for a restricted license. The time period to apply for a restricted license is 10 days from the day that your license has been suspended. The goal of a restricted license is to allow you to commute to and from work and also to get basic necessities like groceries. If you are caught driving outside of the scope of the restricted license, your driving privilege can be completely revoked and you can be charged with a misdemeanor.

If you or someone you love had their driver’s license suspended, revoked, or were arrested for driving on a suspended license, you should speak with a suspended license attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of cases, including DMV-related cases. Our attorneys will give you the respect and quality representation you deserve. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

California Penal Code Section 415 makes it illegal for a person to fight in public with another individual. Section 415 specifically criminalizes the following acts:

(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

This crime can be committed even if the defendant never actually fought someone. A mere challenge to a fight is enough to be considered a crime. Having an attorney to defend your rights is essential. A conviction for a fighting in public charge is punishable by imprisonment of up to 90 days in county jail, or a fine of up to four hundred dollars, or by both the fine and imprisonment.

Fights in public carry very serious consequences. If you or a loved one is facing a fighting in public charge, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys are highly knowledgeable and will give you the quality representation that you deserve. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

It was recently reported that a former hospital worker was sentenced to three years in state prison for stealing more than $300,000 cash from cash registers at the hospital’s cafeteria. Bridget Dominique Ganier worked as an executive assistant, which required her to supervise the daily cafeteria revenues and deposits. This is when she stole the money. The money was routed to her personal account where she purchased several real estate properties. She was found guilty of grand theft crimes and sentenced to three years in state prison.

Under California Penal Code Section 487, a grand theft crime is committed when the money, labor, or real or personal property taken is of a value exceeding $400. Grand theft is punishable by imprisonment in state prison for up to three years. Restitution can also be ordered. In this case, Ganier was ordered to pay $306,000 in restitution.

If you or a loved one is facing a theft crime charge, it is important that you speak with an experienced theft attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of theft crimes. Our attorneys will fully inform you of your options as they navigate through the complex court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.

It was recently reported that Leif Garrett, best known as a teen idol during the late 1970’s and early 80’s, pleaded not guilty to one count of felony heroin possession. Garrett was taken into custody after police found him with heroin on February 1st. He had previously been arrested three other times for similar charges: in 2006 for heroin possession, in 1999 for trying to buy drugs, and in 1979 for driving under the influence of drugs and alcohol (DUI).

A person charged under California Health And Safety Code Section 11350 does not have to be using a drug, selling a drug, or under the influence of a drug at the time of the arrest. Simply possessing an illegal controlled substance is enough for someone to be charged with felony drug possession. The offense of possession of a controlled substance in California carries a sentence of up to three years in state prison. Possession does not just only mean on your person. Having drugs in your car while you are in it constitutes possession under the law.

If you or a loved one is facing a drug possession charge, whether it is your first offense or not, our experienced San Diego drug defense attorneys at Wallin and Klarich can help you. Our San Diego drug defense attorneys understand the law and will investigate your case to provide you with a strong defense. Our attorneys will look at all the options available to you to ensure that your rights are protected and that you receive the best legal counsel. Call 1-877-230-1529 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.

As reported by San Diego 10 News, the California legislature recently passed a bill that will require that counties screen all Emergency Medical Technician (EMT) applicants using the comprehensive FBI criminal database. Once the new law goes into effect on July 1, 2010, EMT applicants with felony convictions will have a more difficult time becoming EMTs. Before the passage of the bill, San Diego County had screened their applicants using only California’s criminal database.

California Assembly Majority Leader, Alberto Torrico, introduced this bill after learning that an EMT in San Diego County had previously been convicted of felony manslaughter in Idaho before moving to Escondido. The medical director of the county’s Emergency Medical Services had been aware of the man’s felony conviction but still certified him as an EMT nonetheless. This result motivated Torrico’s efforts to introduce the bill.

This new law will make it more important for EMT applicants with prior criminal convictions to ensure that their records are clear of any undue tarnishes. There are various legal procedures available to help you clear your criminal record. These methods include an expungement, a factual innocence petition, a reduction of the conviction, a certificate of rehabilitation, and a governor’s pardon.

If you need to have your criminal record purged, do not hesitate to contact a knowledgeable San Diego criminal defense attorney at Wallin & Klarich. With over 30 years of experience our attorneys have the skill and knowledge needed to aid you in accomplishing your career goals. Call us today at 877-230-1529 or visit us online at www.wklaw.com. We will be there when you call.

How an Experienced San Diego Arson Defense Attorney Can Help You

It was recently reported that Edward Batties, a 26-year-old San Diego man, was taken into custody following a police chase that started near Del Mar Heights and ended on Interstate 15 in Temecula. Batties was arrested and charged with suspicion of firebombing, arson, burglary, attempted burglary, and evading officers. The charges stem from multiple incidents that took place over a 2 ½ day period. Batties allegedly used Molotov cocktails in his arson attempts of the San Diego Police Mid-City Division Station, Monroe Clark Middle School, a truck on Mission Bay Drive, the San Diego Police Department Eastern Division Station, and a residential home in Serra Mesa. A Molotov cocktail is a common name for any improvised flammable bomb.

California Penal Code 451 defines arson as the willful and malicious burning of any structure, forest, land or property burns of, any structure, forest land, or property. Arson is a felony and a conviction that can lead to many years in prison.

If you or a loved one has been charged with arson, the Wallin & Klarich San Diego arson defense attorneys are ready to begin working on your case today. Our San Diego arson defense attorneys will investigate your case to ensure that you have the best defense and legal advice. Wallin & Klarich has over 30 years of criminal defense experience successfully defending clients accused of arson-related crimes. Call 1-877-230-1529 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today or visit us at www.wklaw.com. We will be there when you call.

According to San Diego 10 News , two men, Richard Wayne Lewis, 40, and Jeffrey Steven Alfaro, 38, were arrested in connection with the robbery that occurred at the Point Loma Community Credit Union branch office in San Diego. One of the men allegedly entered the bank and handed one of the tellers a written note demanding money. After the teller complied with the demand, the man exited the bank with the cash and met up with the second suspect on Emerson Street. According to police, a bank employee and a customer followed the men from a safe distance and contacted police using their cell phones. When police arrived, the two suspects were arrested and the money was recovered.

The crime of robbery in California is the taking of property from another person by the use of force or intimidation. The type of fear needed is fear of injury to the victim, the victim’s family, or someone situated nearby the victim. It also includes fear of injury to any property of any of those people. There are different types of robberies. Robbery of the first degree is punishable by up to nine or 6 years in prison. Robbery of the second degree is punishable by up to five years in state prison. Robbery also qualifies as a strike within the meaning of California’s Three Strikes Law.

If you or a loved one is charged with the serious crime of robbery, it is very important that you speak with a knowledgeable San Diego criminal defense lawyer. You need the best legal representation possible to ensure that your rights are protected. Our attorneys at Wallin & Klarich have over 30 years of experience in defending those accused of this crime. Call us today at 877-230-1529 or visit us online at www.wklaw.com.

It was recently reported that a San Diego man was arrested and charged with suspicion of felony vehicular manslaughter and hit-and-run. Bruce Hanson of Encanto was arrested and charged after a hit-and-run accident that occurred on an Interstate 805 ramp near Market Street that resulted in the death of Alejandra Vazquez of San Diego. Hanson’s vehicle, a blue Subaru Forester, was found at a salvage yard with the keys, no license plates, and blood located where there was visible damage. An employee of the salvage yard reported the vehicle to police after hearing about the hit-and-run in the news and seeing the blood on the SUV.

Vehicular manslaughter is a serious crime that can be charged either as a felony or a misdemeanor. Vehicular manslaughter is charged when someone unintentionally kills another while committing some illegal driving act, such as speeding. Depending on the circumstances in each case, a vehicular manslaughter conviction can result in up to one year in county jail or multiple years in state prison, plus fines and probation.

If you or a loved one has been accused of vehicular manslaughter or any other crime, it is important to contact a skilled and experienced attorney immediately. The San Diego vehicular manslaughter defense attorneys at Wallin and Klarich have been successfully defending those accused of serious hit and run crimes for more than 30 years. 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.

Many people who are caught speeding and are cited by a police officer think the only way to beat the traffic ticket is by showing up to court for trial and hoping that the ticketing officer does not show up.

However, that is not the only way to beat a ticket. A good San Diego traffic ticket lawyer knows ways of beating a speeding ticket and getting your case dismissed. Recently, our San Diego traffic ticket attorney went to trial on a speeding ticket case. In that case, the cop who issued the ticket used his own vehicle’s speedometer to pace the client and determine what the client’s speed was. Our San Diego traffic ticket lawyer obtained a copy of the speedometer’s calibration before trial. During the trial the San Diego traffic ticket lawyer convinced the judge that the copy of the calibration record might not belong to the same police vehicle used to ticket the client. The case was dismissed.

As you can see, there are other ways to beat your San Diego traffic ticketinstead of just hoping the officer doesn’t show up to court. To learn more about how we can help you fight your case, call our San Diego traffic ticket attorneys at Wallin & Klarich today. We have over 30 years of experience successfully getting our clients’ traffic tickets dismissed. 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.