Wallin & Klarich Criminal Defense Blog



Millionaire Adopts 42 Year Old Girlfriend to Protect his Assets in Bizarre Vehicular Manslaughter Case

Thursday, February 2nd, 2012

Often times, when someone is charged with vehicular manslaughter, the accused faces not only a criminal trial, but a civil trial, especially when the driver who caused the accident is also accused DUI as well. That is exactly what Florida millionaire John Goodman is facing. However, the circumstances surrounding the case are some of the most bizarre we have ever seen.

The fact of the case are as follows. Goodman ran a stop sign and smashed into the car of Scott Patrick Wilson, killing him. Goodman failed to call 911 and fled the scene on foot. When the police finally caught up with him, his blood alcohol content was more than twice the legal limit.

Goodman’s criminal trial is on March 6th, and he faces as many as 30 years in prison. It’s the civil trial, set for later in March, where things get weird.

Goodman had set up a trust fund for his two children, and it was determined that the funds in that trust account weren’t subject to punitive damages the Wilson family could collect in their civil trial. His children can’t collect on their trust funds until they reach the age of 35. Following the ruling, Goodman adopted his 42 year old girlfriend, making her an immediate beneficiary of the trust account and giving Goodman access to 1/3 of the funds, which as of now, can’t be touched by the Wilson family.

The courts must decide of the adoption is a “sham” before moving forward with the civil case to determine just how much of Goodman’s assets should be available for punitive damages to the Wilson family.

Man Convicted of Vehicular Manslaughter and DUI Sues the Estate of the Man He Killed

Thursday, January 19th, 2012

A man convicted of vehicular manslaughter stemming from a DUI accident is suing the estate of the man he killed for $15,000. David Belniak had pled guilty to vehicular manslaughter in the death of Ray McWilliams and 2 other passenger, but now his attorney – who also happens to be his sister – is claiming [...]

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Pinkberry Founder Arrested for Assault (PC 245)

Tuesday, January 17th, 2012

Sitting down on a hot Southern California day with a cup of Pinkberry frozen yogurt is about as relaxing a day as one can get. Perhaps Pinkberry co-founder, Young Lee, could use a few more trips into one of his establishments to let off some steam. The 47 year old was arrested at LAX airport [...]

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Where is the Line Between Police Brutality and Necessary Force? Suspect Dies After Being Tasered

Monday, January 16th, 2012

A few months ago, two Fullerton police officers were charged in the death of a transient. One officer is facing murder charges, while the other is facing manslaughter charges. The murder defense attorney representing the officer facing the most serious charges is arguing that the victim was resisting, and police used reasonable force. The victim [...]

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Police Raid Leads to Seizure of $200,000 worth of Marijuana, 5 Arrests in Orange County (Health and Safety Code 11359, 11360)

Thursday, January 12th, 2012

About a half dozen Orange County residents are going to need a good drug crimes attorney after they were arrested in connection to an alleged massive marijuana growing ring. Police in Newport Beach, Lake Forest and Laguna Niguel served search warrants on a number of homes and one commercial building, seizing over 300 marijuana plants, [...]

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What Happens When An Officer Improperly Administers A Breath Alcohol Test?

Friday, January 6th, 2012

First, it is important to understand that prior to a chemical alcohol test of your breath, there must be a proper 15-minute observation period. California DUI Law requires an officer to maintain continuous observation of a DUI suspect to ensure no burping, regurgitation, ingestion, – which can taint the results of a breath test. Unfortunately, [...]

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Hiring the Wrong Criminal Defense Attorney Can Lead to More Punishment Down the Road

Thursday, December 29th, 2011

Bahman Khodayari was convicted of misdemeanor grand theft and misdemeanor insurance fraud. As a result of his conviction, Mr. Khodayari was placed on 36 months of probation, ordered to serve a year in county jail, and ordered to pay $25,057 in restitution. The court appointed an attorney, Charles Mashburn, to represent Mr. Khodayari in assisting [...]

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How NOT to do Your Last Minute Christmas Shopping

Friday, December 23rd, 2011

Every year, stories from around the county stream into newsrooms regarding shoppers behaving badly on Black Friday. From the tragic to the downright comical, it seems as though some bargain hunters should retain an experienced assault attorney before getting in line at the local shopping mall. This year was no different. Shoppers at Wal-Mart in [...]

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Know Your Rights: You Have a Limited Time to File an Appeal

Wednesday, December 21st, 2011

To begin the appeal process, a written notice of appeal is filed with the clerk of the court in which the proceeding took place. In criminal and juvenile cases, transcripts of the underlying proceedings are automatically prepared. All parties are notified once the record on appeal has been filed with the Court of Appeal. From [...]

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What California Medical Marijuana Laws Do Depends On Who You Ask

Tuesday, December 20th, 2011

In California, as local governments consider how to regulate the growth and distribution of medical marijuana, municipal lawyers continue to find themselves in the position of attempting to guide clients through uncertain and imprecise laws and regulations. The problem is, what medical marijuana laws actual do depends on whom you ask. There is great disagreement [...]

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