The prosecutor alleged that Higgins, armed with two guns, broke into a home.　Higgins claimed that he was drunk and depressed when he entered the residence in May 2008.

According to the Daily Journal, Christopher M. Lawson, a San Diego Deputy District Attorney, unfairly undermined the defendant Raymond Higgins’ credibility and the integrity of his defense counsel and the defense expert. During cross-examination Lawson used improper claims that the defense psychiatrist and defense counsel had worked together on a prior rape trial and “attacked” the rape victim in that case. Lawson also commented on the suicide of Higgins’s sister and the death of a young individual living in Higgins’ home.　　

Justice Cynthia G. Aaron stated that Lawson’s “pervasive pattern of misconduct…rendered the trial fundamentally unfair” and that “due to the pervasive nature of the prosecutor’s improper comments and questions in this case, and the fact that it is clear from the record that the prosecutor was undeterred by the trial court’s repeated sustaining of objections to his improper questioned and argument, we conclude that a series of admonitions would not have served to cure the unfairness caused by the prosecutor’s conduct”

Higgins’ appellate lawyer said he was pleased for his client because it is likely that he will be eligible for release pending a new trial.

If you are appealing your conviction, you will need an experienced San Diego criminal appellate lawyer who will closely scrutinize the trial record for all appealable issues.　 At Wallin & Klarich, we have helped people win their appeals for 30 years.　. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

Money laundering is the practice of engaging in financial transactions to conceal the identity, source, or destination of illegally gained money. This is a crime under California Penal Code Section 186.10. The crime is committed when the perpetrator conducts one or more financial transaction through a bank, the money involved in a single or multiple transactions within a seven-day period had a value of more than $5,000 or the money involved in multiple transactions within a 30-day period had a value of more than $25,000, and the defendant did so to facilitate criminal activity or knew that the money were proceeds of criminal activity.

An attorney is considered to have laundered money if the attorney accepted a fee for representing a client in a criminal investigation or proceeding and accepted the money with the intent to disguise or aid in disguising the source of the funds or the nature of the criminal activity.

A conviction for money laundering under California law is punishable by imprisonment in a county jail for up to one year or in state prison for up to three years on each count. A fine can also be issued for up to $250,000 or twice the value of the property transacted, whichever is greater. Money laundering is also a federal crime. A conviction under federal law will result in more severe penalties.

If you or a loved one is facing a charge of money laundering, it is important to speak with an experienced money laundering attorney. At Wallin & Klarich, our Southern California money laundering attorneys have over 30 years of experience. Our attorneys will defend your rights and zealously fight to get you the best possible result in your case. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

On appeal, Thomas argued that she gave the literal truth in answering the prosecution’s question regarding her use of steroids. The prosecutor asked Thomas, “Have you ever taken anabolic steroids?” Thomas replied, “No.” Thomas’ own doctor testified that she took so many drugs containing male testosterone that she grew a beard and her voice changed. Her lawyer argued that it was the “literal truth” because Thomas took drugs called THG and norbolethone. Those substances were not listed under the definition of anabolic steroids in the relevant 2003 federal anti-drug statute, but Congress amended the law in 2004 to include them.

Thomas’ defense was based on the U.S. Supreme Court’s holding in Bronston v. U.S., 409 U.S. 352 (1973, which interpreted perjury law to exclude convictions of person who make misleading statements under oath that are technically accurate, because it is the prosecutor’s duty to ferret out such dissembling.

The three-judge panel rejected Thomas’ claims and affirmed her conviction. The judges found the “literal truth” claims to be false based on testimony that Thomas was well aware of the fact that she was told the drugs were anabolic steroids.

Under 18 U.S.C. Section 1621, whoever (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

If you or a loved one is facing a charge of perjury, it is important that you speak with an experienced perjury attorney. At Wallin & Klarich, our Southern California perjury attorneys have over 30 years of experience. Our attorneys are highly knowledgeable in the law and will provide you with the quality perjury defense you deserve. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

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.

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.

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.

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.

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.

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.

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.