san diego criminal defense attorney

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.

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 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.

A Helix High School assistant principal was recently terminated from his position as reported by San Diego News Channel 10. The man was fired because he had given a female student a ride to the bus station. The girl apparently wanted to travel out of state to see a relative because she was having problems at home. The La Mesa School board released the former principal since it is against policy to have a student in an employee’s vehicle. There was no report of any other inappropriate actions by the assistant principal with this student or any other student. The police have also accused the man with contributing to the delinquency of a minor. He faces jail time and fines if he is found guilty of the charge.

Contributing to the delinquency of a minor includes any action that an adult might take to permit or support a minor in committing an illegal act. It also covers adults who place a minor in circumstances where illegal activity is occurring. If convicted, the accused can receive a jail sentence.

Have you or a loved one recently been charged with contributing to the delinquency of a minor or a similar criminal offense? At Wallin and Klarich, we have experienced San Diego criminal defense attorneys who can help you in your case. Our attorneys are extremely knowledgeable and will work to provide you with the best legal advice and defense against your charges. The 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.

San Diego Channel 10 recently reported a story of criminal threats made against Ramona High School in Ramona, California. The threats were allegedly made by a 19 year old senior named Korey Robert Flad. Flad was arrested and taken to Vista Jail. He was charged with making criminal threats, threatening a school, and threatening to use a weapon of mass destruction. The police have stated that the threats were all done verbally.

California Penal Code 422 covers criminal threats, which were formerly called terrorist threats. It states that “Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person shall be punished… by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.” The code includes that the threat can be made verbally, in writing, or by electronic communication. The crime can be charged as a misdemeanor or felony and is punishable with time in jail or prison. Criminal threat charges also fall under the California Three Strikes Law.

If you or a loved one has been charged with making criminal threats, contact our San Diego criminal defense attorneys. Our San Diego criminal defense attorneys at Wallin and Klarich will look at the facts of your case and help ensure that your rights are protected. We will work aggressively to defend your case to avoid jail time. The 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.

If you are being investigated for child molestation in San Diego, there are a few things you should know. First of all, San Diego law enforcement officers sometimes work closely with the District Attorneys office and Child Protective Services (CPS) when investigating these cases. This means that law enforcement may have more information than you realize.

San Diego detectives will frequently want to interview the alleged victim quickly after receiving a report of a suspected molestation. The detective will try to convince the alleged victim to call you on the phone and try to get you to apologize for committing the crime or otherwise admit to committing the crime. This is referred to as a pretext call or a covert phone call. When this call is made, law enforcement will have often provided audio taping equipment so the conversation is tape recorded for later use in a possible criminal prosecution. What you say during this phone call can and will often be used against you in a court of law.

If you receive a phone call from a possible “alleged victim” of course you should immediately deny any allegations of wrongdoing during said phone call. If you “change the subject” or fail to deny any allegation made by an alleged victim it can be viewed as an “adoptive admission” which could be critical prosecution evidence to support a possible conviction.

The best possible advise is never talk to persons via the telephone or email about any allegations of possible wrongdoing. You just never know when that conversation can come back to negatively impact you.

If you are charged with the crime of child molestation in San Diego County, you must speak with a criminal defense law firm with experience defending sexual abuse cases. There are numerous specialized legal issues that relate to a prosecution for sexual abuse. Due to the fact that Wallin and Klarich has been representing persons accused of child molestation for over thirty years, we know what it takes to properly defend you.

Retaining an experienced San Diego child molestation defense attorney can make the difference between you going to prison for many years or being exonerated. The 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.