san diego defense attorney

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.

It was recently reported that a San Diego man will stand trial for gross vehicular manslaughter for the death of his passenger in a June 2009 car crash. Charles Eugene Lemay, of Oceanside, was allegedly driving his truck on Highway 78 with Shannon Maureen Mahoney in the passenger seat. She was allegedly not wearing a seatbelt. Lemay allegedly went off the road, flipping the vehicle multiple times. Lemay allegedly sustained moderate injuries while Mahoney died. Police who arrived at the scene stated that Lemay was “acting irrational.” In Lemay’s preliminary hearing over the accident, the judge found that there was sufficient evidence for Lemay to stand trial for gross vehicular manslaughter.

Gross vehicular manslaughter is one of three degrees of manslaughter. It is defined as a crime that results in the death of a person due to an illegal action that took place while driving a vehicle. It can be tried as a misdemeanor or felony. Penalties vary depending upon the circumstances but include state prison time of up to ten years, fines, and probation.

If you or a loved one is facing a vehicular manslaughter charge or any similar charge, contact our experienced San Diego criminal defense attorneys at Wallin and Klarich. Our attorneys have been helping those accused of serious crimes for more than 30 years. Call Wallin & Klarich today at (877) 230-1529 or visit our website at ww.wklaw.com for more information. We will be there when you call.

For years the San Diego District Attorney’s office has used the same private independent lab to do their blood tests for them. The lab was called Pac Tox. Pac Tox would do all the tests on blood to find out whether a suspect had any drugs or alcohol in his/her system at the time of arrest. Recently, the San Diego District Attorney’s office realized more and more incidents of incorrect results coming from Pac Tox. These errors have prompted the San Diego District Attorney’s office to end its contract with Pac Tox. Now, the San Diego DA’s office uses another lab called Bio Tox.

If you recently had a criminal case out of San Diego where you plead guilty due to evidence provided to the San Diego District Attorney’s office from Pac Tox, you should consider whether you have reason to withdraw your guilty plea to overturn your conviction. You would need to find out whether there is still a sample of your blood left. To withdraw your guilty plea in San Diego, the evidence that convinced you to plead guilty should be reviewed to see whether or not they were false or inaccurate.

By hiring a lawyer who has experience with withdrawing guilty pleas on behalf of his client, you will better understand the process involved and what you are facing. It is not easy to withdraw your guilty plea, so you will want to speak with a qualified lawyer before you begin the process. At Wallin & Klarich, our attorneys have over 30 years of experience. We will defend your rights and fight to get 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.