Law & Information

It was recently reported that a San Diego woman was sentenced to 13 years and 8 months in prison after pleading guilty to kidnapping and car jacking charges. Crystal Lynn Buckingham pleaded guilty to avoid a jury trial, in which she could have been sentenced to life imprisonment if found guilty. Buckingham car jacked and kidnapped a woman in a La Mesa mall parking lot in December 2008. Buckingham used a gun in the incident. The victim escaped by jumping out of the car.

Car jacking is defined as the theft of a vehicle by using force or fear. Penalties for a car jacking conviction range from nine years to life in prison, depending on the circumstances. When a kidnapping occurs during the course of a car jacking, California law states that the penalty is life in prison with the possibility of parole. Kidnapping and car jacking both fall under the Three Strikes Law in California as well.

If you or a loved one has been charged with car jacking or kidnapping charges, contact our experienced San Diego criminal defense attorneys at Wallin and Klarich. Wallin & Klarich has over 30 years of experience successfully defending clients against these charges, helping them avoid serious jail time. Our San Diego criminal defense attorneys will begin working on your case right away and ensure that your rights are protected. Please call us at (877) 230-1529 or visit our website at www.wklaw.com. We will be there when you call.

It was recently reported that a North County man pleaded guilty to felony burglary and vandalism charges. Jovan Peter Araujo was sentenced to one year in jail, three years of probation, and ordered to pay over $10,000 in restitution costs.

Araujo and a 17-year-old minor would host parties in vacant upscale homes while the owners were away. They would inform party-goers by text message and charge for entrance. Araujo was on probation when he was arrested. He had been convicted of the same charges in the past.

Burglary is defined under California Penal Code Section 459 as entering a building, vehicle, vessel or cargo container with the intention of either stealing something or committing a felony. The state does not need to prove that you succeeded in stealing or committing a felony; it must only prove that you intended to. There are two types of burglary in California: burglaries committed in someone’s home are first-degree burglaries, which are always felonies (residential burglary); all other types are second-degree burglaries that may be charged as misdemeanors or felonies (commercial burglary). Araujo’s charges fall under the category of first-degree burglary. A first-degree burglary charge can result in a prison sentence of up to six years and is classified as a strike under California’s Three Strikes Laws. To learn more, read our Burglary section at www.wklaw.com for invaluable information.

If you or a loved one is facing robbery charges, the San Diego robbery defense attorneys at Wallin and Klarich can help you. Our attorneys will investigate the facts of your case and discuss the best defense options with you. Our attorneys will work aggressively to get your case dismissed, lessen the charges against you, or help you avoid jail time. Call Wallin & Klarich today at 877-230-1529 or visit www.wklaw.com. We will be there when you call.

It was recently reported that a South Bay elementary school teacher was acquitted on ten counts of committing a lewd act on a child and one count of providing marijuana to a minor. The school teacher was accused of engaging in a sexual relationship with her then 12-year-old godson, who was also one of her students. It was alleged that the relationship began in 2004 and lasted four years. If convicted, the teacher could face 19 years in prison.

The statute for California Penal Code section 288 states that any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in state prison for three, six, or eight years.

Sex crimes are extremely serious. A conviction can lead to prison time and being required to register as a sex offender, which can affect your job status, where you live, and your standing within your community. At Wallin and Klarich, our San Diego child molestation defense attorneys understand the serious and sensitive nature of a sex crime charge. Our child molestation attorneys have the experience and expertise to provide you or a loved one with a strong and aggressive defense for your case. We will help you understand the legal process and work to protect your rights. Please call us at (877) 230-1529 or visit our website at www.wklaw.com. We will be there when you call.

San Diego 10 News reported that following a fight, one brother shot another. Cody Summers was arrested and charged with assault with a deadly weapon after he shot his brother, Zack Summers. It wasn’t reported what the two were arguing about. However, Cody Summers used a .22 pistol and shot his brother. The wounds to Zack Summers were not critical. Cody Summers surrendered to police after a two hour standoff at the home in Alpine where the shooting allegedly took place.

Assault with a deadly weapon is commonly referred to as ADW. An ADW is addressed in the California Penal Code 245 (a) (2). It states the following: Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

If you or a loved one is facing assault with a deadly weapon charges, it is essential to have an experienced and aggressive attorney defending you. With over 30 years of experience in defending people’s rights, the attorneys at Wallin & Klarich are confident in being able to handle your case. Contact our San Diego assault criminal defense attorneys at 1-877-230-1529 or fill out our consultation form online at www.wklaw.com for a free evaluation of your case. We will be there when you call.

Warren Sapp, who played for the Tampa Bay Buccaneers and the Oakland Raiders in his successful NFL career, was arrested in Miami Beach, Florida the day before the Super Bowl. According to KTLA, Sapp was in custody for the charge of misdemeanor domestic battery. Sapp was in Miami Beach for the Super Bowl and was supposed to be a correspondent for the NFL Network in their pre-Super Bowl TV reporting. The police said the Sapp allegedly tried to choke an unnamed woman who was with him in his Miami Beach hotel room.

Battery in the state of California is defined by Penal Code 242 as “any willful and unlawful use of force or violence upon the person of another.” If the victim involved is a spouse or partner, the crime is referred to as domestic battery. This charge is a misdemeanor and a conviction can lead to jail time for up to one year and fines up to $2000. Those convicted must also attend treatment programs.

If you or a loved one is facing domestic battery charges, our San Diego criminal defense attorneys at Wallin and Klarich have over 30 years of experience and can help you. We will defend your rights and fight to get you 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.

If you have been charged with a domestic violence crime in San Diego, you are probably looking for a good lawyer to represent you in court. You are probably looking for the lawyer who knows how to beat your case and get the charges against you dismissed.

One of the best strategies for beating your domestic violence case is to have the support of the alleged victim – the person you allegedly injured – your significant other, or one-time significant other. It can be very beneficial to you if you and your domestic violence criminal defense attorney meet with the alleged victim at the same time. The alleged victim can help tremendously if he/she will write a statement in your defense.

In fact, in San Diego County, the District Attorney’s office has a form for alleged victims to fill out, giving a statement that they do not want to prosecute the charges and do not wish to testify against their partner. This can help your lawyer have your domestic violence charges dismissed in San Diego County.

If you have been accused of committing any type of domestic violence, no matter how minor or severe the charges, the experienced San Diego domestic violence defense attorneys at Wallin & Klarich can help you. Wallin & Klarich has over 30 years of experience successfully defending domestic violence charges. Contact us for today a case evaluation at 1-877-230-1529 or www.wklaw.com. We can help you.

It was recently reported that a San Diego woman was arrested and charged with two counts of burglary and two counts of robbery. The woman was arrested on suspicion of robbing banks in Temecula and Poway. A motive has not been released by police but financial difficulty has been alluded to as the woman, a married mother of five, has bankruptcy in her history.

Many people are unsure of the difference between burglary and robbery. A person can be facing burglary charges if he/she entered a building, vehicle, vessel, or cargo container with the intention of either stealing something or committing a felony (California Penal Code 459). A person can be facing robbery charges if he/she unlawfully took or attempted to take personal property in the possession of another, from his person or immediate presence, and against his will, by means of force or fear (California Penal Code 211). Both charges can involve serious penalties if convicted.

If you or a loved one is charged with robbery or burglary charges, Wallin & Klarich have experienced San Diego criminal defense attorneys who will aggressively defend you in your case. Wallin & Klarich has over 30 years of experience handling criminal defense matters and will work with you to ensure that you have a strong defense to avoid jail time and fines. Contact us at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

Many of us are taught from a young age that it is important to cooperate with the police. We are told that cooperation leads to less suspicion of a crime and is the best way to avoid getting arrested. Police around the country are aware of this and are trained to take advantage of this mindset.

Cooperation with the police is always advised – you shouldn’t be aggressive or threatening; but at the same time, you shouldn’t be passive or overly nice. Police officers are trained to investigate. There are certain limitations to police officer investigative techniques but they are often hard to recognize and enforce.

For example, if you are stopped by the police in an automobile, you have been seized and the police officers have a right to search your vehicle and use any evidence found against you. However, if a police officer comes to your home, they generally must have a search warrant to look around and you are not obligated to answer any questions.

As a general rule, when a police officer asks if they can “look around” or “check your bag,” they are really searching for evidence to use against you. If you say “yes” to these questions, then you have waived your constitutional right under the Fourth Amendment to be free from illegal searches and seizures. If this “consent search” turns up any illegal evidence, it can be used against you.

The correct answer to a police officer when he asks to search you or an area around you should be a resounding “no.” At that point the officer might produce a warrant or may state that he will arrest you if you do not cooperate. Do not be fooled by this tactic. If he has a warrant he must show it to you and if he is going to arrest you he must have probable cause. At this point you should call one of the experienced San Diego criminal defense lawyers at Wallin & Klarich.

The attorneys at Wallin & Klarich have over 30 years of experience handling criminal investigations and are well aware of the police tactics used to elicit incriminating evidence. Once we are contacted, our experienced attorneys can deal with police officers directly, ensuring that none of your Constitutional rights are violated. Hiring an attorney from Wallin & Klarich could make the difference between charges being filed or the investigation being halted. Our attorneys can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com. We can help you.

Sheriff’s deputies in San Diego are making an increased effort to enforce traffic safety laws in high school areas. The goal is to promote safe driving to younger high school-age drivers. Deputies will be looking for two things: provisional licenses and seat-belt violations.

California law does not allow licensed drivers under the age of 18 to drive with passengers under the age of 20 unless a licensed driver over the age of 25 is in the vehicle. Additionally, teens are prohibited from driving between 10 p.m. and 5 a.m.

So far, the checkpoints at Santana High School and West Hills High School have resulted in 36 citations covering 50 violations.

If you or a loved one has been cited with a traffic violation, you should call the San Diego traffic attorneys at Wallin & Klarich immediately. Our attorneys are familiar with the local courts and have the skills and expertise to provide you with the best possible defense. Driving is an important privilege in Southern California. Let the attorneys at Wallin & Klarich help you keep it. Our attorneys can be reached by phone at 1-877-230-1529 or through our website, www.wklaw.com. We can help you.

A lawyer recently told one of our Wallin & Klarich attorneys in San Diego that he had a client that was sentenced to prison for a felony. The lawyer asked the Wallin & Klarich attorney in our San Diego office whether the felony could be reduced to a misdemeanor after the defendant was released from prison.

Our San Diego Wallin and Klarich attorney explained that there are some crimes that be charged as either felonies or misdemeanors. Criminal defense lawyers call these crimes “wobblers.” If a defendant is convicted of a felony wobbler and sentenced to jail and probation, he can later ask the judge to reduce the felony to a misdemeanor. However, if a defendant is convicted of a felony wobbler and is sentenced to prison and parole, he cannot later ask the judge to reduce the felony to a misdemeanor.

As you can see, it is very important for a defendant to have a lawyer who knows what all of the consequences of a guilty plea are. A San Diego criminal defense lawyer who does not know the law very well is putting his clients at a disadvantage. On the other hand, you can see how a knowledgeable and experienced criminal lawyer can be of great help to a criminal defendant. Knowing that a defendant will not be able to get the crime reduced to a misdemeanor later on gives the lawyer even more incentive to fight to get the felony reduced to a misdemeanor at the time of the guilty plea. The experienced San Diego felony criminal defense attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.