Probation violation warrants are issued by the court for a variety of reasons, including failure to appear at a court appearance, failure to enroll in a required program or class, failure to complete a required program or class, arrest during the probationary period, or commission of a new crime. Once the court determines that a person has violated his or her probation, it may reinstate that person on probation, modify its terms, or revoke probation in its entirety. If probation is revoked on felony probation, the court may sentence an individual up to the maximum prison term specified by the offense. When probation is revoked on a misdemeanor case, the court may sentence an individual for up to a year in a county jail.

If you have been accused of probation violation, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of probation violations for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-probation-violation. We will be there when you call.

A conviction of section 288a may also impose sex offender registration requirement pursuant to Penal Code Section 290. It is important to know, however, that mandatory sex offender registration of offenders whose only registerable sex offense was consensual oral copulation with a 16 or 17 year old minor under Penal Code section 288a(b)(1) is illegal. Nonetheless, the court, in its discretion, may still impose sex offender registration obligations upon an individual even when the offense of oral copulation with a 16 or 17 year old victim was consensual.

If you have been accused of oral copulation, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/oral-copulation-pc-288-a. We will be there when you call.

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.

Both men were recovering from hip surgery when McDougall became angry with Nguyen, who had been singing in Vietnamese. Following the argument, McDougall allegedly took a metal rod from the closet and began beating Nguyen over the head. The attack was witnessed by a nurse and members of the staff were ultimately called in to restrain McDougall.

Nguyen was taken to Saddleback Hospital where he was pronounced dead. McDougall was charged on Monday with one felony count of murder and faces up to 25 years to life in prison if convicted. He is expected to be arraigned on Tuesday in Santa Ana.

Murder in California is codified under Penal Code 187 where it is defined as the unlawful killing of a human being with malice aforethought. This definition does not necessarily mean that the defendant had any ill will or hatred for the victim – it means that the defendant either acted with the specific intent to kill the victim or acted with a conscious disregard for human life.

If convicted of first-degree murder, you may face 25 years to life in state prison. Under more serious circumstances, punishments for a violation of Penal Code Section 187 may also include imprisonment in state prison for life without the possibility of parole or the death penalty.

The consequences following a murder conviction are very serious, so it is imperative that you contact an experienced criminal defense attorney. At Wallin & Klarich, our Orange County criminal defense attorneys have over 30 years of practice experience in handling murder cases. We will work hard to help you develop and present the best possible defense in your case. Call us today at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.

“Every person who, having been convicted of petty theft, grand theft, auto theft under 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of section 496 of the Penal Code and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, is subsequently convicted of petty theft, then the person convicted of that subsequent offense is punishable by imprisonment in the county jail not exceeding one year or in the state prison.”

For instance, if someone steal items from a department store and has had a prior conviction of theft in the past, that individual could face state imprisonment if convicted.

A theft offense with priors can have serious consequences including state prison time. In addition, your reputation is on the line. Crimes of moral turpitude such as theft can affect your ability to work in places where trust is essential. Thus, it is vital that you have an experienced attorney by your side if you are ever accused of a theft related crime. We’ll guide you through the legal system and get you the best possible result.

If you or someone you love has been accused of a crime in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

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.

A no contact order is an order preventing the defendant from making any contact with the victim whatsoever. This means the defendant must not talk, call, e-mail, or make any other type of contact with the victim.

A no negative contact order is an order preventing the defendant from making negative contact with the victim. The defendant is allowed to make contact and live with the victim, but is not allowed to annoy, harass, or alarm the victim. A violation of this order will most likely result in the court issuing a no contact order.

A peaceful exchange of children is an exception to a no contact order. The defendant will still be restrained from making any contact with the victim. However, the defendant can make contact with the victim if the defendant is there to pick up their child for child custody and visitation purposes.

The courts are increasingly serving defendants with criminal protective orders at arraignments on domestic violence charges.

If you or a loved one is facing a domestic violence charge, you may be served with a criminal protective order. It is important that you speak with an experienced domestic violence attorney to know what your rights are. At Wallin & Klarich, our Southern California domestic violence attorneys have over 30 years of experience. We will fully inform you of your rights and defend you in the court of law. Call us today at (888) 280-6839 or contact us through our website at www.wklawdomesticviolence.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.