Criminal Defense

Americans love their guns. It is a love affair deep-rooted in the history and culture of this nation. Ever since the first minuteman grabbed his musket from the family mantle, this country has honored and cemented within its constitution the right of the people to own and keep guns. But to state the obvious, guns are inherently dangerous – especially in the hands of those who shouldn’t have them (e.g. ex-felons, the mentally disturbed). Therefore, every state has implemented gun control laws to regulate who can possess a gun and when. California is no exception.

California Penal Code Section 12025 makes it illegal in this state for anyone to be carrying around a concealed gun whether it’s in your pocket or in your car. This statute also makes itself clear that it only applies those “firearms capable of being concealed on the person,” which are limited to small handguns like pistols or revolvers.

If you are convicted of this crime, you stand to face some pretty harsh punishments, which can potentially become more severe if you have any prior felony convictions or a history of drug use. A first-time offense with no priors or enhancements can land you in county jail for up to 1 year and/or a maximum fine of $1,000. However, if you incur any additional conditions or enhancements, you could be subject to a felony conviction that could result in a 3-year sentence in state prison.

If you’re curious and want to learn more, go to www.wklaw.com and read our “Carrying a Concealed Firearm” section. You will find invaluable information about that crime and what you can do when charged with this crime.

The old days of the Wild West, where everyone was a gunslinger, are over. Carrying a concealed firearm is a punishable crime and will bring with it serious penalties. If you stand charged with this crime, contact an experienced criminal defense attorney who help you develop your defense strategy. Our attorneys at Wallin & Klarich have over 30 years of experience representing those accused of carrying a concealed firearm. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

Colton Harris-Moore, the alleged “barefoot bandit” will appear in court on Thursday, July 22, 2010. The barefoot bandit was nicknamed for allegedly breaking into houses while barefoot. The barefoot bandit became a cult hero on Facebook after it was reported he allegedly a string of crimes including stealing airplanes without any pilot training.

At the initial appearance, Harris-Moore will be arraigned. This means that he will be advised of the charges against him, the possible penalties, and his constitutional rights. If Harris-Moore enters a plea, the judge will set a date for a preliminary hearing.

A preliminary hearing is a right afforded to those charged with a felony. In a preliminary hearing, the prosecutor will subpoena witnesses to testify in court. The prosecutor has the burden to establish that there is reasonable cause to believe a crime was committed and that the defendant committed that crime. The prosecution has the burden of proof to establish there is reasonable cause or reasonable suspicion to believe that the crime charged was committed by the defendant. If probable cause is found, the court can set a date for jury trial.

If you or a loved one is facing a criminal charge, it is likely that you will go through the same process. It is critical that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our Southern California criminal defense attorneys have over 30 years of experience in defending the criminally accused. We will guide you through the criminal process and make sure your rights are defended. Call us today at (888) 280-6839 or contact us through our website at www.wklaw-sandiego.com. We will be there when you call.

Layla Trawick, a 34-year-old woman from Northern California, is accused of walking into a Target store in West Hollywood and stabbing people at random. KTLA reported that Trawick is believed to have entered the store carrying two knives. She then walked down aisles and allegedly began stabbing people. Four people were injured before an off-duty LA County Sheriff’s Deputy was able to take Trawick into custody. Trawick’s relatives say she is bipolar and schizophrenic but has never hurt anyone. She is now facing four counts of attempted murder and five counts of assault with a deadly weapon.

An attempt to commit a crime is sometimes difficult to prove because the prosecution must prove that the defendant had the specific intent to commit the alleged crime. Generally speaking, someone convicted of an attempted crime will be sentenced to half the custody time he would have received had he been convicted of committing the actual crime he attempted to commit. Penalties also depend upon the circumstances of the crime as well as the criminal record of the accused.

If you or a loved one is facing attempted murder charges, our San Diego Criminal Defense attorneys at Wallin and Klarich have the experience and expertise you will need in an attorney to help protect your rights and provide you with a strong defense. When facing serious crimes like attempted murder, our Criminal Defense attorneys will work to ensure you have the strongest defense and legal counsel available. Contact us today so our San Diego Criminal Defense attorneys can begin working on your case today.

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.

It was recently reported that a San Diego man will stand trial for gross vehicular manslaughter for the death of his passenger in a June 2009 car crash. Charles Eugene Lemay, of Oceanside, was allegedly driving his truck on Highway 78 with Shannon Maureen Mahoney in the passenger seat. She was allegedly not wearing a seatbelt. Lemay allegedly went off the road, flipping the vehicle multiple times. Lemay allegedly sustained moderate injuries while Mahoney died. Police who arrived at the scene stated that Lemay was “acting irrational.” In Lemay’s preliminary hearing over the accident, the judge found that there was sufficient evidence for Lemay to stand trial for gross vehicular manslaughter.

Gross vehicular manslaughter is one of three degrees of manslaughter. It is defined as a crime that results in the death of a person due to an illegal action that took place while driving a vehicle. It can be tried as a misdemeanor or felony. Penalties vary depending upon the circumstances but include state prison time of up to ten years, fines, and probation.

If you or a loved one is facing a vehicular manslaughter charge or any similar charge, contact our experienced San Diego criminal defense attorneys at Wallin and Klarich. Our attorneys have been helping those accused of serious 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.

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.