San Diego criminal defense law firm

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.

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.

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.

Two individuals were recently arrested in Carlsbad after allegedly convincing several people to invest in an alleged fraudulent business. The alleged victims report that they were promised high returns on their investments. The two are charged with grand theft and security fraud violations according to San Diego Channel 10. The two men are said to have looked for non-English speaking Hispanics for these investments which total over $1.2 million.

In the state of California, theft crimes can be separated into two categories: petty theft and grand theft. In order to be charged with grand theft, the item(s) or monies stolen must be valued at over $400. Grand theft can be a misdemeanor or felony charge. Possible consequences of a conviction include jail time, probation, prison, parole, restitution, fines, counseling, and community service.

At Wallin and Klarich, we have experienced San Diego theft crimes defense attorneys ready to help you if you or a loved one is accused of a theft related offense in San Diego County. Our San Diego theft crimes attorneys are knowledgeable and will work to protect your rights. Call us now so we can start evaluating the facts of your case and begin working on your defense. 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.

President Obama recently signed a new hate crimes bill that will expand the scope of hate crimes. The new law lets the Justice Department get involved in ways beyond merely charging people with crimes. Now the federal government can help state and local officials tackle hate crimes by providing them with federal investigators, forensic tools, and money.

Hate crimes are covered by California Penal Code Section 422.55. For purposes of Section 422.55, a hate crime is a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

1. Disability.
2. Gender.
3. Nationality.
4. Race or ethnicity.
5. Religion.
6. Sexual orientation.
7. Association with a person or group with one or more of these actual or perceived characteristics.

If convicted of a hate crime, you could face imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine. The court will also order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her hours of employment or school attendance. However, no person may be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.

The Justice Department could grant San Diego police and prosecutors as much as $100,000 to cover the high costs of prosecuting a hate crime. The bill also includes provisions to train state and local law enforcement officials about hate crimes.

It is important to hire an experienced San Diego criminal defense attorney to deal with hate crime accusations. The attorneys at Wallin & Klarich have over 30 years of criminal defense experience. There may be a significant increase in the number of hate crime prosecution and a good defense to allegations of “hate motivation” is essential. If you or a loved one has been charged with a crime in San Diego, call the experienced attorneys at Wallin & Klarich immediately. 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.

Wallin & Klarich has received a number of calls from people who were cited at the Brad Paisley concert in Chula Vista for possessing alcohol unlawfully. It is a crime for anyone under the age of 21 to possess an alcoholic beverage. This crime is often referred to as a “minor in possession” or MIP. An MIP can be charged as either a misdemeanor or an infraction. In order to prove that a defendant is guilty of a minor in possession charge, the prosecutor need not prove that the defendant drank any of the alcohol, just that he or she possessed it knowingly.

If you end up being convicted of a minor in possession crime, you are looking at getting your driver license suspended for an entire year. As a misdemeanor, the crime is punishable, potentially, by time in jail. When defending yourself against a minor in possession charge, you should hire a lawyer who has handled these kinds of offenses many times in the past. You will want to make sure you do everything in your power to avoid the high costs of a minor in possession conviction.

If you would like to speak to a San Diego criminal defense lawyer in Chula Vista who has successfully handled many MIP cases in the past, call Wallin & Klarich at your earliest opportunity via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.

If you are being investigated for possibly committing a crime in San Diego, you may be wondering whether you should cooperate with law enforcement. San Diego police officers frequently want to interview criminal suspects. The police officers commonly tell the suspects that it is in their best interest to cooperate, and that if the suspect doesn’t talk, that he will be arrested. So, should you talk to the police? The answer is almost always NO. In the vast majority of cases that Wallin and Klarich handles, our clients regret the fact that they decided to speak to law enforcement. This error in judgment on their part often means that they have weakened their case and may do jail time due to their decision to speak to law enforcement.

San Diego police officers are allowed to lie to you, and we are often told by clients that they in fact did lie to them. Our client will say, “The cops said they wouldn’t arrest me if I told them everything but they arrested me anyway.” Frequently, the San Diego police detectives who investigate crimes obtain the most crucial evidence from the suspect himself. This almost always happens because the suspect decides to speak to law enforcement when they are first contacted. They speak to the police even before they speak to one of our experienced criminal defense lawyers at Wallin and Klarich. It is true that cooperating with the police can sometimes persuade the cops or the judge to grant you leniency. However, you will not need any leniency if the cops do not have enough evidence to arrest you in the first place.

The bottom line, and the general rule, is that you should not speak to San Diego police officers if they are investigating you as a suspect in a crime. Instead, you should immediately speak to a San Diego criminal defense firm. A knowledgeable San Diego criminal defense law firm, such as Wallin and Klarich, may very well provide you with the only person who can keep you out of jail. If you would like to speak to a San Diego criminal defense lawyer, contact us right away.

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