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.

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.

Thompson had been an educator for over 30 years when she was arrested for stealing over $100,000 from two PTA’s and the Oceanside school district. Through the use of checks and money wiring, Thompson used the stolen money for herself and family members. There will be another hearing to determine the exact amount of Thompson’s liability and how she will pay restitution. As part of Thompson’s sentence, the judge also imposed 400 hours of community service at a nonprofit organization.

Grand theft is punishable as a felony that involves stolen goods valued at over $400. This is a serious crime that can lead to potentially serious penalties. A conviction can result in fines and varying amounts of jail or prison time depending upon the circumstances of the case.

If you or a loved one has been charged with grand theft, it is important that you talk to an experienced criminal defense San Diego theft attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. We will represent you and fully inform you of everything that is going on in your case. Call us today at (877) 230-1529 or visit us on our website at www.wklaw.com. We will be there when you call.

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.

If you or a loved one has recently been charged with assault with a deadly weapon, contact our Wallin & Klarich San Diego criminal defense attorneys. We have over 30 years of experience successfully defending clients against these charges. Our San Diego criminal defense attorneys will investigate the facts of your case and determine the best defense strategy. We will protect your rights and help you through the legal process. Call us today at (877) 230-1529 or visit our website at www.wklaw.com. We can help you.

Those facing drug charges in California are facing serious penalties. From minor to serious drug charges, penalties are very stern and can include jail time, fines, and driver’s license suspension. However, if you hire an experienced San Diego criminal defense attorney, your attorney can help you find other alternatives.

Depending upon the facts of your case, you may be eligible for “drug court,” “Prop. 36,” “PC 1000,” or perhaps dismissed or reduced charges. If you or a loved one are accused of more serious drug charges, our skilled and knowledgeable San Diego criminal defense attorneys will help ensure that your rights are protected and provide you with a strong defense to lead to a favorable outcome. Contact us as soon as possible via phone at 1-877-230-1529 or fill out our consultation form online at www.wklaw-sandiego.com for a free evaluation of your San Diego County case. We’ll help you figure out the next step, and answer any questions you might have.

From this example, you can see how important it is to always be truthful when speaking to San Diego law enforcement. However, the best advice is to refuse to speak to a police officer about the facts of your case. If the officer believes that you were untruthful in speaking to him, then you may be facing a serious criminal charge. If convicted, you will potentially be hit with hefty fines as well as time in jail and probation. This is why for over 30 years we have advised our clients to just keep their mouths shut and politely tell the police officer you do not choose to speak to them.

If you or a loved one has been charged with false impersonation, make sure to speak to an experienced legal counsel like our San Diego criminal defense attorneys at Wallin and Klarich today at 1-877-230-1529 or fill out our consultation form for a free phone evaluation of your San Diego County criminal case.

Source:http://www.sandiego6.com/news/local/story/Woman-Involved-in-Wild-Police-Chase-Pleads-Guilty/wBpjWv-g-0WettOpyRpw0g.cspx