2009 December Archive

On December 29, 2009, CNN reported that Charlie Sheen’s Wife, Brooke Mueller, has accused Mr. Sheen of threatening to have her killed. CNN reports that Mueller alleges Sheen said, “I have ex-police I can hire who know how to get the job done, and they won’t leave any trace,” as he held her down with a knife.

Sheen was arrested on Christmas Day and is being charged with assault, menacing with a deadly weapon and criminal mischief. He posted $8,500 bond and was released. According to CNN, Sheen claimed that Mueller threatened to divorce him. He admitted he was upset by these threats because of his previous history. Sheen further admitted to officers that he and his wife had slapped each other on the arms. He said he snapped two pairs of her eyeglasses in front of her.

When faced with any criminal allegations, it is imperative to retain legal counsel as soon as possible. Hiring an attorney at the critical, initial stage of investigation can save you thousands of dollars in attorney and investigation fees because an attorney can negotiate with the prosecutor’s office before a case is even filed against you. Also, hiring an experienced attorney at the onset of criminal investigation will ensure that admissions are not made to law enforcement.

It is essential to speak with a knowledgeable criminal defense attorney when faced with assault allegations. An attorney will ensure your constitutional rights are protected. If you or someone you love is being investigated or facing criminal charges in California, contact the experienced Southern California criminal defense lawyers at Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com for a consultation of your case. We can help you.

Domestic violence claims are very common in today’s society. They can result from a minor verbal fight or from a non-verbal action made in the spur of the moment (an action perceived as a threat). Either way, the implications of domestic violence charges are serious.

Once a 911 call is placed, there is no turning back. The police show up at the residence, arrest one or both of the persons involved, and then submit the case to the District Attorney’s office for possible prosecution. Once the police show up, it usually does not matter if the victim recants the allegations—it is now likely that the prosecutor’s office will file serious felony or misdemeanor criminal charges.

The problem with a victim’s recantation is that it is often not accepted by the prosecution. Even if the victim refuses to testify at trial, the state may be able to use the 911 tape as evidence (if the alleged victim called 911) in order to attempt to have the accused be found guilty. The United States Supreme Court has held that the 911 tapes are admissible, despite the victim not testifying, because they are non-testimonial statements gathered in an emergency situation. Though case law is not entirely clear, it seems that a conviction could stand based on the 911 tape and other evidence, despite the persistent recantation of the charges by the alleged victim.

Because of the complexities in domestic violence law and the sensitive nature of the cases, it is important to hire and attorney with domestic violence knowledge and expertise. The attorneys at Wallin & Klarich have over 30 years of experience in handling California domestic violence criminal defense. We are aware of the complexities involved in domestic violence criminal cases and work diligently to provide the best possible defense for our clients. Our attorneys can be reached by phone at or through our website at www.wklaw.com. We will be there when you call.

KTLA-TV recently reported that a male suspect was arrested after SWAT was brought in. The man had allegedly stolen a vehicle, at which time a police chase ensued. During the chase the suspect allegedly left his vehicle, forced his way into an apartment, and detained the people in the apartment before eventually surrendering. No one was injured. The man is said to be facing multiple charges including false imprisonment and evading law enforcement, in addition to the possible car theft charges.

Evading law enforcement in the state of California is a serious offense often connected with other serious charges, as in the case above. Evading charges can be either a misdemeanor or felony. If other people were endangered due to the evasion, often the prosecutors will push for a felony evading charge. Potential consequences of a conviction include jail time, suspension of driver’s license, and substantial fines or probation. If you or a loved one is currently facing evading law enforcement charges, it is important to retain an experienced criminal defense attorney to start working on your case. At Wallin and Klarich, our knowledgeable San Diego criminal defense attorneys will work aggressively to defend you in your case. Our attorneys have over 30 years of criminal trial experience and can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com. We will be there when you call.

In the nation’s capital, a man was exonerated after spending the past 28 years in prison. The man, Donald Eugene Gates, was convicted of the 1981 rape and murder of a 21-year old Georgetown student and was sentenced to 20 years to life.

Mr. Gates was sentenced, in large part, because a hair at the crime scene allegedly was an identical match to his hair. FBI hair analyst, Michael P. Malone, testified that hairs taken from Gates and hairs found on the victim were “microscopically indistinguishable.” However, Malone’s work came under fire in 1997. During that time, the article reports, “…the FBI’s inspector general found that Malone gave false testimony in proceedings that led to the impeachment and ouster of U.S. District Judge Alcee Hastings in 1989.”

The recent DNA evidence has proven Mr. Gates to be completely innocent. He has now been released from a federal prison facility in Arizona and is on his way back to his home in Ohio. Mr. Gates told reporters that he prayed for his release and never doubted it would come. He further told reporters, “My faith in God is very strong.” The article states that Mr. Gates, who at one-time worked construction, has no immediate plans for the future. Gates told reporters, “It’s all coming at me so fast,” he said. “I gotta think on it.”

Too often, due to unlawful or incomplete police work, innocent people are convicted of crimes they did not commit. It is vital that if you or a loved one is facing criminal charges that are inaccurate you immediately seek out the highest quality criminal defense representation.

If you or a loved one is facing or faces serious criminal charges, it is important that you contact an experienced criminal defense attorney as soon as possible. The attorneys at Wallin & Klarich have over 30 years of experience in representing the innocent and know how to fight for your freedom. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com.

John Floyd Thomas, also known as the alleged “Westside Rapist,” has pleaded not guilty to seven murder charges. Thomas had long been suspected by law enforcement for raping and killing older women living in the west Los Angeles and Claremont areas during the 1970s and 1980s.

Police allege that Thomas has been linked to the seven murders by DNA evidence. Officials believe, however, that he could be responsible for as many as 30 homicides over the past 40 years. The recent charges are the result of cold-case investigations conducted by the Los Angeles Police Department, the Los Angeles County Sheriff’s Department and the Inglewood Police Department.

If you have a question about this case or any other criminal matter, call Wallin & Klarich today! Wallin & Klarich has been in the business of vigorously representing clients with their criminal matters in their time of need for over 30 years and we would like to help you with yours. We have experienced, knowledgeable attorneys available to answer you calls 7 days a week, 24 hours a day! Contact the skilled Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com.

Recently it was reported that law enforcement seized over 400 plants in a pot bust in Palmdale, according to an article published on abclocal.com. The growing operation was found inside a Palmdale home, which authorities had originally suspected after catching a whiff of what they claim was the smell of marijuana.

According to the article: “After three days of investigating we were able to determine it was this house. Each night we got out and followed the odor, it brought us back to this location,” said Dep. David Fletcher, Los Angeles County Sheriff’s Department.

At the time of the article’s publication, one individual was in custody and authorities claimed they were attempting to charge other individuals with being accomplices to the growing operation.

People accused of possessing large amounts of drugs, cultivating or manufacturing drugs, or selling drugs are charged with serious crimes that can result in lengthy prison sentences upon conviction. In most instances, individuals facing these charges are not eligible for alternative sentencing programs like treatment or drug diversion. However, Wallin & Klarich Los Angeles drug crime defense attorneys have had significant success in getting diversion or Drug Court for clients accused of cultivation and sales.

When you hire Wallin & Klarich to represent you in your drug case, we will always investigate the circumstances of your charges to see if there are legal motions that may be brought to have your charges dismissed. Even if you were caught in possession of drugs, the circumstances leading to that charge may not have been legal. Did the police have probable cause to search you, your car or your home? If not, we may be able to have the judge throw out this illegally obtained evidence, leading to a dismissal of charges.

With more than 30 years of experience defending clients facing drug charges in California, we have the skills and knowledge to help you get the best outcome. Call us today at 888-749-0034 for a free phone evaluation of your case.

Source:http://abclocal.go.com/kabc/story?section=news/local/los_angeles&id=7114482

An article in the Orange County Register tells the story of a Santa Ana man who is defending himself in an upcoming death penalty trial. The man has entered a plea of not guilty by reason of insanity to four of five murder charges lodged against him. He denies committing a fifth murder in June 1979 that involved the abduction and slaying of a 12-year-old girl.

Oddly enough, the suspect has been tried twice in Orange County Superior Court for the 12-year-old girl’s murder, and twice he was convicted and sentenced to death. However, both convictions were reversed on appeal. According to prosecutors, before a third trial could commence, the man was linked by DNA and other evidence to four sex-slayings of women in Los Angeles County in the late 1970s.

The four murders have been combined with the young girl’s murder into one trial in Orange County. The trial is tentatively scheduled to get under way on Nov. 30 before Superior Court Judge Francisco Briseno. The accused man has filed a severance motion and has entered the insanity pleas in the four Los Angeles murder cases.

It is never advisable to represent yourself in criminal matters. Doing so in murder cases is a sure recipe for disaster. Knowing the elements of each crime that the prosecutor must prove is critical when you are accused of a serious crime. If you represent yourself or retain the services of an inexperienced lawyer, you will not be familiar with all of the legal defenses to these crimes and you could find yourself doing time in prison for a crime that you did not actually commit. At Wallin and Klarich, we pride ourselves in working together as a team so we are able to get the best results possible in all of our serious felony cases.

The California violent crime attorneys at Wallin & Klarich, have seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week. If you or someone you love is facing homicide or other violent crime charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

Source:http://www.ocregister.com/news/alcala-217391-four-angeles.html

You were just convicted of a felony in California and wonder what you can do now. With a felony, your chances of gainful employment decrease and, if you are already employed, you could lose your job because of the conviction. What now?

The law firm of Wallin & Klarich has been helping persons convicted of crimes in California for 30 years. We know what it takes to reverse the conviction, withdraw your plea of guilty or appeal the conviction and the sentence. Our law firm understands the problems people face when convicted of a felony. Often times, clients come to us after they plead guilty because “the attorney told me I had to plead guilty”. We then get retained to review the case and many times file a motion to withdraw the plea of guilty based upon new evidence or perhaps attack the competency of the previous attorney. Unfortunately, many attorneys do not do a thorough enough investigation, or fail to call critical witnesses to the stand at a trial that could have helped there case. Competent and aggressive attorneys at Wallin & Klarich understand that we cannot let any stone go unturned. There is simply too much at stake.

If you have been convicted of a felony (either resulting from a trial or you plead guilty), there is still hope. You need to contact Wallin & Klarich immediately to assess your situation and see what we can to better your situation- whether it be a motion to withdraw your plea of guilty, or a motion to modify your sentence or appeal the conviction or sentence, Wallin & Klarich can help. There may be time legal restraints so you should not delay. Contact the experienced San Bernardino criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com for a consultation of your case. We can help you.

On August 1, 2005, police officers arrested Raul Leal at his home. The police handcuffed Mr. Leal, led him away from his home and confined him to a police car which was over 30 feet from his home. Without a search warrant, the police searched Mr. Leal’s residence and determined there was no one else home. The police officers then searched an area near the front door and found a handgun without a serial number underneath a sweatshirt. Mr. Leal was charged with obliterating the identification of a firearm. Mr. Leal’s attorneys sought to suppress the handgun seized at his home.

Under the Fourth Amendment, a warrantless search incident to arrest is valid to remove any weapons within an arrested person’s immediate control. In other words, a search following an arrest is limited only to an area in which the arrested person may reach for a weapon to resist an officer or assist in their escape. In this case, the California Court of Appeal held that the search was unreasonable and suppressed the handgun. Mr. Leal was confined in a police car nowhere near his home, while the police officers were safe and no one else was home. Therefore, the officers were not allowed to pick up a sweater lying on the floor and seize the handgun.

An experienced California criminal defense attorney will be able to determine if evidence unlawfully seized by the police can be suppressed due to a violation of the Fourth Amendment. If you or someone you know is facing 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.

The Associated Press reported the story of celebrity Lil Wayne who recently plead guilty to a felony weapons possession charge in New York. The charge originated two years ago when the police pulled over his tour bus following a concert. The bus had been pulled over after police suspected seeing and smelling marijuana smoke. Once on the tour bus, police observed Lil Wayne throw a bag. The bag contained a .40-caliber semiautomatic gun. Lil Wayne did not have a license to carry a gun in New York. His sentencing will be in February when he is most likely to receive a one year jail sentence.

If you or a loved one is facing firearm charges, contact the Criminal Defense attorneys at Wallin and Klarich. In the state of California, the laws involving firearms are very complicated and extensive. We at Wallin and Klarich understand these laws and have years of experience defending clients against firearm charges like carrying a concealed weapon, brandishing a weapon, and possession of firearms. Call the Wallin and Klarich Orange County criminal defense attorneys to start investigating the facts of your case and planning your defense.