2010 January Archive

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.

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 photo of two girls on it. The photo was actually a picture of the customer’s two daughters (who are both still alive). The police were notified of the situation. Officers at the scene set up for the individual to come to the store to pick up the funds raised (totaling $437). Once the man arrived, he was arrested. He is being charged with theft crimes and potentially grand theft.

If you or a loved one is facing a theft charge, contact our experienced Southern California theft crime attorneys at Wallin & Klarich. Our attorneys have been helping those accused of serious theft crimes 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.

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 now applies to all offenses, even those that occurred before the 2001 amendments.

A recent California Court of Appeals case (People v. Hollie) upheld the 2001 amendment to the statute of limitations. In that case, the defendant was convicted by a jury of rape (Pen. Code, section 261, subd. (a)(2)), and sexual penetration with a foreign object (Pen. Code, section 289, subd. (a)(1)), and sentenced to a term of 10 years in state prison. The defendant argued that the statute of limitations for the offenses lapsed before the prosecution was commenced. The Court concluded that the 10-year statute of limitations did not expire and affirmed his conviction.

The practical meaning of this case is that all sexual offenses now have a 10 year statute of limitations (unless the offense was against a child). Thus, even offenses committed before the amendment to the statute of limitations, will fall under the new 10 year statute of limitations.

Sex offense charges are very serious in California. If you or someone you love has been accused of a sex crime, you should call the experienced Los Angeles sex crime attorneys at Wallin & Klarich immediately. You could be facing jail time, fines, and registration as a sex offender if you are convicted of a sex crime. The attorneys at Wallin & Klarich have the skills and expertise to provide you with the best possible defense. Our experienced defense attorneys 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 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 County information service can make it easier for those looking for help and assistance.

2-1-1 Orange County is a non-profit information and referral organization that provides health and human services and support to over three million Orange County residents through the toll-free 2-1-1 phone number. Callers can speak with certified, multilingual Information & Referral Specialists to seek assistance for social services 24 hours-a-day. Over 5,400 programs ranging from basic human services such as food/clothing/shelter assistance, medical and drug/alcohol treatment, employment services, elderly and disability care, and child/family programs are referred to Orange County residents every day.

Since the program launched in June 2005, over 174,000 calls have been fielded and more than 522,000 programs have been referred. Every 51 seconds, 2-1-1 Orange County receives a new resident call. All calls are confidential and only the most up-to-date information is given for the sole purpose of continued community outreach.

To find out more on how this program can help you and your family, you can visit 2-1-1 Orange County’s website at www.211oc.org or call the toll-free 211 phone number. If you or a loved one are facing any legal matter, the experienced attorneys at Wallin & Klarich can help you. Our attorneys have the skill and expertise to provide you with the best possible legal representation. The experienced attorneys at Wallin & Klarich have over 30 years of experience handling defense matters in California. Our attorneys can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com.

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 a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony.

An accusation of a lewd and lascivious act is extremely harmful. If convicted, you could face up to eight years in state prison and will have to register as a sexual predator. Further, if convicted of multiple counts by multiple victims, you could face life in prison.

A lewd and lascivious act can be anything from lifting a child up onto your lap to sexually molesting a child. Because the definition of lewd and lascivious is not clear, it is important that you hire the experienced Southern California sex crimes attorneys at Wallin & Klarich if you have been charged with a violation of Section 288(a). Our attorneys have over 30 years of experience handling complex sex crimes cases. The attorneys at Wallin & Klarich have the skills and expertise to provide you with the best possible defense. If you or a loved one has been accused of a lewd or lascivious act, contact an attorney at Wallin & Klarich immediately. Our experienced defense attorneys 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 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 charges can come about is when the perpetrator has sex with a person who believes that he or she is married to the perpetrator.

Section 261(a)(5) states that rape can occur where a person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. This charge can also arise when the alleged victim is under the influence of alcohol. The prosecution must prove beyond a reasonable doubt that the defendant actually had the intent to induce the belief that the alleged victim was his or her spouse.

Cases like this must be defended aggressively. If you are convicted of rape, the consequences could be immense. You will likely have to register as a sex offender. You could face up to eight years in prison and a fine. For these reasons, it is important that you hire an experienced San Diego sex crimes lawyer from Wallin & Klarich to defend your rights. Our attorneys have over 30 years of experience and have the skills and expertise to provide you with the best possible defense. If you or a loved one has been accused of rape, contact an experienced attorney at Wallin & Klarich immediately. Our experienced defense attorneys can be reached by phone at 1-888-280-6839 or through our website at www.wklaw.com. We will be there when you call.

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 years old. He had already been incarcerated in a juvenile facility, and was officially declared a ward of the court when he violated his probation and was again arrested. Ramon M. could not stay out of trouble and when he was again arrested (at age 18), the probation department ordered him to spend time in county (adult) jail until his case could be heard.

Ramon M. objected to the sentencing in county jail claiming that, as a ward of the juvenile court, he had to be placed in a juvenile facility until his case was heard and decided. Ramon M. relied on the California Welfare and Institutions Code (WIC) section 737(a): “Whenever a person has been adjudged a ward of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of wards of the juvenile court, the court may order that the ward be detained in the detention home, or in the case of a ward of the age of 18 years or more, in the county jail or otherwise as the court deems fit until the execution of the order of commitment or of other disposition.”

When coupled with WIC Section 208.5(a): “Notwithstanding any other law, in any case in which a minor who is detained in or committed to a county institution established for the purpose of housing juveniles attains 18 years of age prior to or during the period of detention or confinement he or she may be allowed to come or remain in contact with those juveniles until 19 years of age, at which time he or she, upon the recommendation of the probation officer, shall be delivered to the custody of the sheriff for the remainder of the time he or she remains in custody, unless the juvenile court orders continued detention in a juvenile facility,” Section 737 would seem to mandate that the juvenile under the age of 19 must be placed in a juvenile facility unless the court orders otherwise.

Juvenile laws are complex and easily misunderstood. On top of the complexity, juvenile courts are overwhelmed with a high case load and often overlook the subtleties of the law. For these reasons, it is important to hire the experienced juvenile defense Southern California attorneys at Wallin & Klarich. Our attorneys have the skill and expertise to provide juveniles with the best possible defense. Our attorneys 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.

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 first place. For example, you believe your neighbor took your lawnmower one day. You then go over to his house and take it back. Technically, no crime happened because you believed you had a claim-of-right to the lawnmower.

In Williams¸ there was substantial evidence that the defendant, in good faith, believed the property taken from the victim belonged to his co-principal. The defendant helped his friend “get back” a laptop computer and a vehicle from the friend’s ex-girlfriend. Williams believed that the items truly belonged to his friend and that they were merely going to retrieve them. However, both the men were arrested and charged with robbery and burglary (California Penal Code Section 211 and 459, respectively). There was substantial evidence that Williams’ friend had paid for the laptop and signed for the vehicle, but the jury was still instructed to consider robbery and burglary.

The California Appeals Court found error with the trial court’s instruction to the jury. The Appeals Court ruled that the jury should have been instructed to determine if Williams was acting with a good faith belief that the items actually belonged to his friend. Both California Penal Code Sections 211 and 450 require a specific intent to permanently deprive the owner of his or her property. This specific intent is negated where a defendant has a good faith belief that the items retrieved are his own. In this case, Williams believed that the items belonged to his friend and therefore did not have the specific intent to permanently deprive the owner of his or her property.

If you or a loved one has been charged with a theft crime, you should call the experienced Los Angeles theft attorneys at Wallin & Klarich immediately. Our attorneys have the skill and expertise to provide you with the best possible defense. The language of the statutes that govern theft crimes can be complex and confusing. For this reason, it is important to hire an experienced attorney from Wallin & Klarich. Our attorneys can be reached by phone at 1-888-749-0034 or through our website www.wklaw.com.

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 lot of speculation as to what really transpired at the Woods’ home on November 27, 2009, but some facts are indisputable. In the early morning hours of that day, Tiger was behind the wheel of a vehicle that ran over a fire hydrant and hit a tree as he was driving away from his residence. This accident occurred about three days after a story was published in the National Enquirer that alleged Tiger had been unfaithful to his wife, Elin Nordegren. Neighbors who heard the accident came out to find Tiger lying unconscious on the ground with his wife by his side. Two of the back windows of Tiger’s vehicle had been smashed out and Tiger’s wife allegedly smashed them in order to rescue Tiger from the vehicle. Tiger had minor injuries consisting of, at the very least, cuts to his mouth. Tiger was transported to the hospital; and subsequently released. Florida Highway Patrol announced that Tiger had not given a statement and that alcohol was not a factor in the accident.

The media storm and speculation hit full-force at this point. With the recent report of infidelity, it just seemed to be too much of a coincidence that Tiger was involved in this mysterious accident leaving his home, and his wife, who was armed with a golf club and reportedly smashed out his windows to “save” her husband. Speculation basically was that Tiger’s wife had already assaulted him with the golf club, which caused injuries, and he staged the crash to explain the injuries, or that Tiger’s wife chased him form the house with the golf club and smashed out his windows before he could speed off in a frenzy and lost control of his vehicle striking the fire hydrant and the tree. Either way, the speculation was that Domestic Violence was involved and Tiger was the victim.

This is where we get to the moral of the story. The police came out to speak with Tiger later in the evening on the same date of the accident. The police were turned away, told Tiger was asleep and that they could come back the next day. The next day, while on the way to Tiger’s house again to obtain a statement and Tiger’s lawyer got a message through to law enforcement that Tiger was not available to talk. The next day, Tiger’s lawyer told police that neither Tiger nor his wife would be speaking with the police at all. Ultimately, Tiger made a public apology for his “transgressions,” essentially admitting his infidelity and giving credence to the domestic violence theories behind his car accident. However, Tiger’s wife Elin will likely never be charged with a crime. Tiger likely wanted to protect this wife because of his guilt over his infidelity and desire to keep his family together. He knew the best ways to do that was to “shut up” and not talk to the cops. Smart move, Tiger.

If you or a loved one is facing domestic violence charges, don’t hesitate to contact the Law Offices of Wallin & Klarich for a consultation. Wallin & Klarich has been in the business of helping people with their criminal matters in Southern California for over 30 years and we would like to help you with yours! Contact the experienced criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034.

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 also pleaded guilty to committing a lewd act on a child just recently when another female reported a molestation incident. He was also told by the court that he cannot have any contact with either victim for the next five years.

At Wallin and Klarich, we have been defending those accused of sex crimes for over 30 years. We understand the seriousness of the charges and the penalties you or a loved one may be facing. It is important to contact an experienced San Diego sex crimes attorney as soon as you are accused of a sex crime. Our San Diego criminal defense attorneys at Wallin and Klarich will help you understand the legal system and aggressively work to provide you with a strong and solid defense. We have been defending professionals like doctors and school teachers for decades. We can help you. Our skilled defense attorneys 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.