Archive for January, 2010

Actor Charlie Sheen Arrested, Facing Possible Criminal Domestic Violence Charges

Saturday, January 30th, 2010

It was recently reported that actor Charlie Sheen was arrested in Aspen, Colorado on Christmas Day last year when his wife, Brooke Sheen, called 911 saying he was threatening her with a knife. The police took Sheen into custody charged him with suspicion of menacing, second-degree assault, and criminal mischief. The incident was supposedly started when Brook Sheen told Charlie Sheen that she wanted a divorce.

In the state of California, an incident such as the one above is taken very seriously by law enforcement officers and would fall under the laws regarding domestic violence. Police in these cases often do not have to have much proof to make an arrest. The prosecutor’s job is to protect the alleged victim in these cases even if the victim does not believe he/she is in need of protection.

Due to the uniqueness of laws involving domestic violence, it is very important to contact an experienced San Diego domestic violence attorney as soon as you or a loved one is facing a potential domestic violence charge. The attorneys at Wallin & Klarich have been helping those accused of serious domestic violence charges for more than 30 years. 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 http://www.wklaw.com to find out more about how we can help.

How Hiring an Experienced Southern California Defense Attorney Can Help You if You Are Facing Theft Charges

Friday, January 29th, 2010

It was recently reported that a Palmdale resident, was arrested on theft-related charges. The individual allegedly placed donation boxes at two store locations, telling the store managers that he was trying to raise money for his two nieces’ funerals. A customer noticed the donation box at one of the store locations. The box had a [...]

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Statute of Limitations for Sex Offenses is 10 Years, Even if the Offense Occurred Before 2001: California Penal Code Section 803

Thursday, January 28th, 2010

Before 2001, California Penal Code Section 803 allowed the filing of a complaint within one year after DNA testing established a suspect’s identity, but no later than “six years after commission of the offense.” However, statutory amendments in 2001 extended the limitations period from six to 10 years. Thus, the 10 year statute of limitations [...]

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2-1-1 Orange County: Free Social Services to Those in Need

Wednesday, January 27th, 2010

In the current recession and in times of great personal crisis, people may be in need of assistance and support for their families and loved ones. These needs may range from physical and mental health treatment to employment and social services. Seeking assistance may seem confusing, overwhelming, or intimidating for many. But the 2-1-1 Orange [...]

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What is a “Lewd or Lascivious Act” and How Does it Apply in a Sexual Molestation Case based on Penal Code Section 288 (a)?

Tuesday, January 26th, 2010

In California, it is a crime to willfully commit a lewd or lascivious act with a person under the age of 14. Section 288(a) of the California Penal Code provides that any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of [...]

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Rape in California under the Belief that the Accused is the Alleged Victim’s Spouse

Monday, January 25th, 2010

In California, rape is defined as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator (California Penal Code Section 261(a)). Rape can be accomplished in a number of different ways. Penal Code Section 261(a) lists the different circumstances under which a rape charge can come about. One way rape [...]

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Juveniles Under the Age of 19 Must be Confined in Juvenile Jail Facilities and Cannot be Placed in an Adult Jail-Welfare and Institutions Code 737(a)

Saturday, January 23rd, 2010

A recent California Court of Appeals case (People v. Ramon M.) held that a juvenile who has been declared a ward of the court is to be confined in juvenile jail facilities until he or she reaches the age of 19. Ramon M. was in and out of custody from the time he was 14 [...]

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Defendant is Entitled to Claim of Right Defense Jury Instruction Where He Was Charged With Aiding and Abetting Burglary

Friday, January 22nd, 2010

The California Court of Appeals recently ruled in People v. Williams that a defendant charged with burglary on an aiding and abetting theory is entitled to a “claim-of-right” jury instruction. A claim-of-right jury instruction is used when someone “takes back” property or an item he or she believed to be his or hers in the [...]

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What People Involved in Domestic Violence Cases Can Learn from the Tiger Woods Incident: Don’t Talk to the Cops

Thursday, January 21st, 2010

Tiger Woods is probably the most famous athlete in the world. Tiger had kept an amazingly “squeaky clean” image for over a decade in the shark-tank environment of the paparazzi that has surrounded him since he won The Master’s golf tournament in 1997. That image certainly changed in late November of 2009. There is a [...]

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School Aide Pleads Guilty to Molestation-Penal Code Section 288(a)

Wednesday, January 20th, 2010

It was reported that a school aide will be sentenced to one year in jail after pleading guilty to molesting a young girl. San Diego 10 News reported the story about the man who was previously an aide at two elementary schools in Chula Vista but was put on leave following his arrest. The man [...]

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