criminal defense in San Diego

In 2008, former Olympic cyclist Tammy Thomas was convicted of perjury in the first BALCO case to go to trial. Thomas was found guilty of perjury for lying to a grand jury when she was asked about her steroid use.

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.

If you are convicted of a domestic violence crime, the court will issue a criminal protective order. This order will most likely include a no contact order, a no negative contact order, or allow a peaceful exchange of children.

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.

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.

If you have been charged with a felony in San Diego, you must make sure that you have an experienced felony criminal defense lawyer representing you.  The sentence, or punishment, on felonies always includes the possibility of going to prison for a number of years.  Facing the prospect and risk that you could be in custody for such a long time, you should not settle for a San Diego criminal defense attorney who only handles misdemeanors.  You need a felony lawyer.

A knowledgeable San Diego felony criminal defense lawyer knows how to use the law to minimize your sentence as much as possible.  But, it is not enough that your lawyer be knowledgeable; your lawyer must be a hard worker.  For felonies, your lawyer can file what we call a Sentencing Memorandum with the court.  The purpose of a Sentencing Memorandum is to explain to the judge all of the legal reasons for giving you a light sentence, as opposed to a harsh sentence.  The California Rules of Court give judges various factors that they must consider when sentencing a defendant.  That sad truth is that even many knowledgeable San Diego felony criminal defense lawyers do not write or file Sentencing Memorandums for their clients because it takes too long and they are too hard to write.  They are lazy.  That is why you need not just a smart lawyer, but a lawyer who will truly work hard on your behalf and fight for you.

The San Diego felony criminal defense lawyers at Wallin & Klarich are both knowledgeable and tireless.  We will do everything we can to give you the best representation in court and make sure you have the best possible outcome on your case.  If you would like to speak to a San Diego criminal defense lawyer, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.

With the current hardships many of us are facing due to the economy, it’s not surprising to hear about stories like the one reported by NBC San Diego.  The story tells of a Santee elderly man who recently has been accused of robbing a Bank of America Branch in City Heights on El Cajon Boulevard.  The man said he had never done anything like this in his life but felt desperate.  His plan was to get enough money to pay off his mortgage since he feared that homelessness was in his and his wife’s near future.  He currently finds himself facing charges of three counts of burglary and one count of falsely reporting a bomb to a business.  Obviously these charges are very serious.  If convicted, this 69 year old man could face more than seven years in prison.

Do you currently find yourself in a similar situation – facing criminal charges because of something you would normally never do, due to the present economic crisis?  Did you feel that you had no other option?  If so, you will need an experienced San Diego criminal defense lawyer.   A knowledgeable San Diego criminal defense lawyer will know how to best tell your story to try to win over the sympathy of district attorney.  It is important that you find a San Diego criminal defense lawyer who sympathizes with you, who feels your pain, and who sincerely wants to help you out of your predicament.   Your attorney should be willing to listen and understand your situation to ensure that you receive the best available defense.

If you or someone you love is facing San Diego theft crime charges, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.