California Criminal Defense Blog

When a trial court states the defendant’s sentence, but the minute order and the abstract of judgment indicate a different length of prison term, the latter would prevail over the reporter’s transcript and oral statement of the sentence by the judge if it contains a proper calculation of the defendant’s prison term.

In People v. Thompson (2009) 180 cal. App, 4th 974, the court has concluded that when the record of the defendant’s sentence is in conflict and cannot be harmonized, part of the record will prevail, which, because of its origin and nature, is entitled to greater credence. The court of appeal has reviewed the minute order, reporter’s transcript, the abstract of judgment, and its own calculations of the proper sentence. At the end, the minute order and the abstract of judgment reflected a correct calculation of the defendant’s prison term.

If you or a loved one has been charged with a crime, it is important that you talk to an experienced Ventura County criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of matters. We will aggressively defend your rights and make sure the court does not make any mistakes in your case. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Making criminal threats is a serious crime in California. If you are facing charges of criminal threats, it is important that you speak with an experienced criminal defense attorney to defend your rights.

California Penal Code Section 422 defines a criminal threat as any person who willfully threatens to commit a crime which will result in death or serious bodily injury to another person. More importantly, these threats can be made verbally or in writing so long as the statements were intended as a threat. The law is so severe that one can be found guilty of making criminal threats even if there was no intent to actually carry out the threat.

Specifically, a criminal threat occurs when the defendant’s statements are specific and unequivocal that it actually causes the victim to reasonably fear for his or her own life or safety. Further, an immediate ability to carry out the threat is not required; therefore, a threat to carry out a future harm will constitute as a criminal threat.

In order to be convicted of criminal threats, the prosecution has the burden to prove that the defendant willfully threatened to kill or cause great bodily injury to the victim or the victim’s immediate family; the defendant made the threat verbally or in writing; the defendant intended that his or her statement be understood as a threat and intended that it be communicated to the victim; the threat was clear, immediate, unconditional, and specific that it communicated to the victim a serious intention and the immediate prospect that the threat would be carried out; the threat actually caused the victim to be in sustained fear for his or her own safety or for the safety of his or her immediate family; and the victim’s fear was reasonable under the circumstances.

There are many defenses to Southern California criminal threats. A threat that was ambiguous or lacks sufficient credibility as being serious is not sufficient to be considered as a criminal threat. In addition, a threat that was only a vague statement without the prospect of execution of the statement made is not sufficient to be considered a criminal threat.

A conviction for making a criminal threat may be punished by imprisonment for up to three years in state prison. A felony conviction may also result in a “strike” on your criminal record. See California Penal Code Section 667. In addition, you may lose your right to vote or own a gun.

For more information, go to www.wklaw.com and read our Criminal Threats section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.

The consequences of being convicted of criminal threats involve a lengthy jail sentence. With so much at stake it is essential that you speak with an experienced criminal defense attorney before taking any action on your case. Wallin & Klarich has over 30 years of experience defending the rights of our clients. Call us at (888) 749-0034 to learn more about your legal rights. We will be there when you call.

The California legislature has enacted a new law enabling Superior Courts to operate deferred entry of judgment (“DEJ”) reentry program in lieu of jail time for first-time non-violent felony drug offenders. This law created new Penal Code sections 1000.8 to 1000.10.

A “Back on Track” deferred entry of judgment reentry program is aimed at preventing recidivism among first-time nonviolent felony drug offenders, excluding those individuals who has been convicted of a violation of an offense enumerated in Penal Code sections 290(c), and 1192.7. The law does not create a statewide program, but provides a legal framework for establishing such programs in each county. Each county will specify which low-level nonviolent felony drug offenses under the Health and Safety Code will be eligible for the program and a process for selecting participants.

Upon defendant’s successful completion of the program and on the motion of the prosecution, the court will dismiss the charge or charges against the defendant applying provisions under Penal Code sections 851.90 or 1203.4. If an individual fails to comply with conditions of the program, the defendant risks receiving the original punishment he or she would have received for the crime committed.

If you or someone you love has been charged with a drug offense, it is important that you talk to an experienced criminal defense San Diego attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of cases. Our attorneys will guide you through the process and fully inform you of all of your options. We will let you know the risks and rewards of any available drug treatment program. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Possession of marijuana is a serious crime in California. A conviction of possession of marijuana can have negative effects on one’s job, family, and personal freedoms. It is important to have an experienced drug defense attorney to defend your rights in the event that you are accused of possession of marijuana.

Under Section 11357, a defendant can be convicted if the defendant unlawfully possessed marijuana, knew of its presence, knew of marijuana’s nature as a controlled substance, and possessed more than 28.5 grams.

Having an experienced attorney can help you raise a number of defenses. For example, having only momentary possession can be a defense if the defendant can show that the defendant possessed the marijuana only for a momentary or transitory period; the defendant possessed the controlled substance in order to abandon, dispose of, or destroy it; and the defendant did not intend to prevent law enforcement officials from obtaining the marijuana.

Possession of medical marijuana is also legal under California state law. If you were legally prescribed medical marijuana, it may be a viable defense to a charge of possession of marijuana.

The penalties for marijuana possession are serious. Possessing 28.5 grams or less of marijuana is a misdemeanor and punishable by a fine of up to one hundred dollars ($100). Possessing more than 28.5 gram of marijuana is a misdemeanor and is punishable by imprisonment for up to six months in county jail, or a fine of five-hundred dollars ($500), or by both fine and imprisonment. However, if the defendant possesses significantly more than 28.5 grams, the prosecution can presume that the marijuana was intended to be sold. The defendant would then face a felony charge of possession of marijuana for sales under Section 11359.

You can also lose your driver’s license for one year if you are under the age of 21 and convicted of possession of marijuana. See California Vehicle Code Section 13202.5.

Alternative punishment may be available, but you need to talk to an attorney to know your options. You might be eligible for a drug diversion program under California Penal Code 1000 and Proposition 36. Instead of going to jail, you would have to complete a drug treatment program. Upon completion, the charges against you are dismissed. However, if you do not complete the program, the court can then sentence you to the sentenced term you would have received originally.

For more information, go to www.wklaw.com and read our Possession of Marijuana and Drug Diversion section. You will find invaluable information regarding the charges you or a loved one may be facing, the possible defenses, and the alternatives punishments that may be available.

If you are charged with possession of marijuana, it is critical that you consult with an attorney immediately. At Wallin & Klarich, our attorneys will use their knowledge of the law to provide you with the best possible defense. Wallin & Klarich has over30 years of experience successfully defending clients accused of these crimes. Contact the experienced Southern California marijuana possession defense attorneys at Wallin & Klarich today at 1-888-749-0034. We will be there when you call.

Have you recently been arrested and have to make the decision whether or not you should hire a criminal defense attorney in Southern California? Many people have to deal with this situation everyday. While some people hire attorneys, many people turn to public defenders, and that’s when they notice the difference.

Public Defenders are lawyers employed by the government to represent those who are charged with a crime and cannot afford an attorney. In most cases, public defenders have a great deal of cases and this makes it difficult to relate to each case, let alone each defendant. At Wallin and Klarich, we make it a priority to give each client the necessary time and attention to their case in an effort to producing a better defense. In addition, when being represented by a public defender, the defendant must be present at all court dates, making this inconvenient for the defendant. The defendant will have to take time off from work and be away from family matters. When hiring a private attorney, the attorney can attend court hearings without the client in most misdemeanor cases. Under California Law, a defendant must be present when being charged with a felony or a domestic violence crime.

At Wallin & Klarich, our attorneys have over 30 years of experience. We are committed to helping those who find themselves in tough situations. Our firm has earned an AV Rating and has aggressive attorneys who will fight for you. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Arrests can be difficult. Having an arrest on your record can have consequences, including with your employment. When searching for a job, employers tend to ask about prior convictions and/or arrests. This can determine whether or not you get the job.

If you were previously arrested and charges were never filed, you may be eligible to apply for the 851.8 Petition. Under California Penal Code Section 851.8, in any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest. If the law enforcement agency denies the petition, petition may be made to the superior court that would have had territorial jurisdiction over the matter.

If you or a loved one is in need of cleaning up your record, it is important that you talk to an experienced attorney. At Wallin & Klarich, our Southern California expungement attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys are aggressive and have extensive knowledge on the law. Our attorneys are committed to helping those who find themselves in theses situations. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

If you have a loved one that has been convicted of a crime in California, you may be wondering how you can overturn the conviction and continue fighting your family member’s case. You have probably heard that you can appeal the conviction or that you can file a petition for a writ of habeas corpus. You might also be wondering what the difference is between the two.

There are several differences between an appeal and a writ of habeas corpus. Both are part of the appellate process. The primary difference is found in the reason why you are using the appellate process. Appeals are used to correct errors that occurred during the case. In an appeal, the appellate courts only consider what they can find within the “four corners” of the file. They will not consider any new evidence. If you think that the trial judge made some legal error during the course of the criminal case, then you will want to file an appeal. An appeal is not used if you just want another stab at proving innocence in front of a jury or judge.

A writ of habeas corpus, on the other hand, can be used if you want the appellate court to consider evidence that the trial judge might not have had. The habeas petition is for situations when a legal error occurred, as we say, outside the “four corners” of the court file. To win a habeas petition, you have to prove that the legal error that occurred actually resulted in a loss of the defendant’s rights.

It is sometimes difficult to know whether or not you need to file an appeal or a writ of habeas corpus. In fact, sometimes both need to be filed. Before you proceed with either, you should also consult a knowledgeable California appeals criminal defense lawyer who handles appeals and writs of habeas corpus. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys have extensive knowledge of the appellate process. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

News outlets recently reported that Daniel Kerrigan, father of Olympic figure skater Nancy Kerrigan, died after what authorities said was a violent struggle with his son Mark in the family home. Mark Kerrigan, 45, has plead not guilty to assaulting his 70-year-old father.

The Kerrigan family maintains that Daniel Kerrigan died of a massive heart attack and there was nothing suspicious about his death. However, when police responded to a 911 call at the Kerrigan family home at 1:30 am last week, Daniel Kerrigan was found on the floor of his home unconscious with blood on the floor. Mark Kerrigan, who was living in the basement, appeared intoxicated, “belligerent and combative,” but coherent when questioned by police. Officers used pepper spray to subdue Mark Kerrigan before he was arrested.

Mark Kerrigan told police officers he got into a physical altercation with his father after they got into an argument over the use of a telephone. He said he put his hands around his father’s neck before his father fell to the floor. There were signs of a struggle, including pictures knocked off the wall and a broken piece of telephone.

Mark Kerrigan had a history of trouble with the law, including arrests for assault and battery, assault with a dangerous weapon, malicious destruction, and violation of a restraining order. His attorney, Denise Moore, stated Mark Kerrigan is “extremely distraught over the death of his father and denies any responsibility.” She also stated her client was on medication for post-traumatic stress syndrome and was seeing a psychiatrist.

Mark Kerrigan has several defenses available. A solid criminal defense attorney should begin an immediate investigation in anticipation of Mr. Kerrigan’s criminal prosecution. All clients deserve effective assistance of counsel and a thorough investigation of the circumstances surrounding the incident is vital for a strong defense. A criminal defense attorney will need all of the important facts at his or her disposal to frame the narrative in a way that shows Mr. Kerrigan in the best light.

In order to make sure that your rights are accurately and aggressively defended after being charged with assault in Southern California, you should contact the experienced Southern California assault criminal defense law firm of Wallin & Klarich. Our attorneys have over 30 years of experience defending assault cases. We conduct thorough investigations of all our clients’ cases, making sure every detail is considered. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-749-0034 or visit www.wklaw.com. We will be there when you call.

Most crimes consist of two components called an actus reus (guilty act) and a mens rea (guilty mind). The crime of arson, which is codified in section 451 of the California Penal Code, states that a person is guilty of arson if he or she “willfully and maliciously” sets fire to or burns or causes to be burned any structure, forest land, or property. (Pen. Code, section 451.) The “willfully and maliciously” language is the mens rea of arson. Thus, in order to be convicted of arson, a prosecutor must show, along with the actus reus, that the defendant committed the act “willfully & maliciously.”

In People v. Atkins (2001) 25 Cal.4th 76, 84, the California Supreme Court held that in order to be convicted of arson it is not required that the defendant specifically intended to burn the relevant structure or forest land. The court held that all that is needed to be convicted of arson is a general criminal intent.

The law regarding the crime of arson is complex. If you or someone you know has been accused of arson, they should immediately contact an experienced Southern California arson criminal defense attorney. Arson is a very serious crime with very serious consequences. It can lead to a lengthy state prison sentence, as well as hefty fines and fees. The attorneys at Wallin & Klarich have been handling serious felony cases for more than 30 years. Call Wallin & Klarich today at (888) 749-0034 for a free evaluation of your case, and visit us on the web at www.wklaw.com. We will be there when you call.

A Chula Vista attorney was arrested on suspicion of murder for a killing, in San Bernardino County, that remained unsolved for 20 years. Eric Francis Fagan, is accused of shooting and killing Cathy Paternoster and injuring Carl Fuerst as they approached a home in Spring Valley Lake with their children.

According to the San Bernardino County Sheriff-Coroner Department, Fagan allegedly killed Paternoster so that her mother, Fagan’s girlfriend, could obtain custody of Paternoster’s daughter. Initially, the attorney was a suspect, but police did not have sufficient evidence to make an arrest. In 2008, detectives reopened the case and conducted various interviews and served several search warrants. Although detectives did not immediately reveal what evidence they obtained to make the arrest, it was enough to place Mr. Fagan under arrest for the murder. He remains held without bail at a San Bernardino County jail.

When being charged or investigated for a crime, it is essential to contact an experienced criminal defense attorney who can provide clarity and quality representation. If you or someone you know is facing serious criminal charges in California, contact Wallin & Klarich. Wallin & Klarich has over 30 years of criminal defense experience. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.