2010 March Archive

Charlie Sheen, star of the CBS sitcom Two and a Half Men, recently pleaded not guilty to domestic violence charges in Aspen, Colorado, stemming from a Christmas Day incident there with his wife. Sheen’s wife had reportedly called police to say the actor was threatening to kill her with a knife.

The actor was taken into custody by police and detained under his given name Carlos Irwin Estevez before he was released the following day on $8,500 bail. He faces charges under Colorado law of menacing, criminal mischief, and assault. If convicted on all charges, the 44-year-old Sheen could be sentenced to up to 5 years in prison. Sheen has since returned to California to resume shooting for Two and a Half Men.

In California, the crime of assault is defined in Penal Code Section 240 for assault and battery charges, which involves an unlawful attempt, coupled with a present ability, to commit a violent injury on another. Assault is often associated with battery, but the two are distinct and separately chargeable crimes. Whereas a battery occurs when a violent injury upon another person is actually carried out, an assault occurs when an attempt is made to cause the violent injury. The crime of assault is completed even if no bodily injury occurs. Generally, an assault conviction brings with it a maximum fine of $1,000 and/or imprisonment in county jail for up to 6 months.

If you are faced with an assault charge, it is imperative that you seek the assistance of an assault attorney who can help you develop your defense. Our Southern California criminal defense attorneys at Wallin & Klarich have been representing people charged with assault and battery cases for over 30 years. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there when you call.

Under California Penal Code Section 646.9, “stalking” is defined as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear of their safety or the safety of their family. California’s stalking law also applies to cyber-stalking, or threats and harassing behavior committed over the internet through email, chat, or other avenues of communication.

It is important to understand that it is not necessary for the prosecutor to prove any intent to act on the threats; the only intent required is the desire to cause fear in the victim. Simple stalking may be charged as either a felony or misdemeanor.

In order to ensure that your rights are accurately and aggressively defended, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of 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 us on our website at www.wklaw.com. We will be there when you call.

In a recent decision, the California Courts of Appeal, in the 6th Appellate District, ruled that a person convicted of receiving consensual oral sex from a minor is not required to register as a sex offender. The court held that imposing a registration requirement on those persons convicted of this offense would be a violation of their right to equal protection of the laws guaranteed by the 14th Amendment. The outcome of this decision is largely due to the fact that these offenders are similarly situated to those sex offenders who are not obligated to register.

In 1987, 21 year-old Michael Taravella was convicted as a sex offender for receiving oral copulation from a minor who was under 16 years of age. Taravella’s conviction obligated him to register as a California sex offender under Penal Code Section 290. In his attempt to terminate this obligation, Taravella argued on appeal that this registration requirement violates his right to equal protection of the laws because it is imposed on persons convicted of consensual oral copulation with a minor but not on persons convicted of consensual sexual intercourse with a minor. Taravella’s argument was premised on the fact that other than the nature of the underlying sexual act, there is no difference between the two offenses that would warrant differential treatment. The California appellate court agreed with this reasoning and struck down Taravella’s registration requirement.

California Penal Code Section 290 requires convicted sex offenders to register on an annual basis in California. This requires them to provide law enforcement with information as to where they live, work and where they attend school. A willful failure to register as a sex offender in Costa Mesa or in any other Southern California city could result in a sentence of up to three years in state prison. Failure to register as a sex offender also constitutes a continuing offense, meaning that further penalties are incurred for every violation which can potentially accumulate substantial prison terms. Moreover, California law does not recognize forgetfulness or a lack of transportation as valid excuses for failing to register.

Registering as a sex offender is a lifetime obligation that can bring with it numerous debilitating consequences. Our Orange County criminal defense attorneys at Wallin & Klarich have been helping people defend themselves against sex crime allegations for other 30 years. Allow us to put our knowledge and skill to work for you. Call us at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

The California legislature has enacted new law under California Penal Code section 381c, which subjects individuals to criminal prosecution when they sell or distribute nitrous oxide to minors. As used in this provision, nitrous oxide refers to any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas.

If a person is found guilty of selling nitrous oxide to individuals less than 18 years of age, he or she will be guilty of a misdemeanor, and the court will most likely order that person to perform community service as a condition of his or her probation. Moreover, starting July 1, 2010, the court will also suspend your business license for a period of up to one year, if you knowingly violated this section more than once.

There are few defenses to selling nitrous oxide to minors. Section 381c does not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, or to the sale of nitrous oxide contained in food products for use as a propellant. However, the most common defense to this crime is when the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age.

It is essential to contact experienced San Diego drug criminal defense attorneys who can provide clarity and quality representation in your criminal matter. Wallin & Klarich has over 30 years of criminal experience. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today or visit us on our website at www.wklaw.com. We will be there when you call.

Last fall, the Orange City Council approved a law aimed at protecting children trick-or-treating on Halloween by an overwhelming 5-0 vote. Sex offenders living in that city who have offenses against minors are prohibited from decorating their residences with Halloween decorations, must turn off all exterior lights of their homes during Halloween, and must post notices on their homes stating that no candy or treats are available on Halloween. A violation of the law, which is a misdemeanor, is punishable by up to one year in jail and/or up to a $1,000 fine.

This new law may seriously impede on the rights of those accused of sex crimes, especially those who are in the process of appealing their cases. If you are a registered sex offender and have been charged with a new crime, do not hesitate to contact an experienced Southern California criminal defense attorney. The Southern California criminal defense attorneys at Wallin & Klarich have been handling sex offender cases and criminal appeals for more than 30 years. Our sex crimes attorneys will vigorously defend your case and make sure your rights are protected. Call Wallin & Klarich today at (888) 749-0034 or visit www.wklaw.com for a consultation of your case. We will be there when you call.

The California Courts of Appeal recently held when more than one violation of Penal Code Section 288 occurs in more than one jurisdictional territory and the offenses are properly joinable, the jurisdiction lies in any jurisdiction where at least one of the offenses occurred.

In People v. Delgado (No. G041561), the defendant Phillip Delgado sexually molested the son of his girlfriend over a period of 13 years. This happened in Los Angeles County. Delgado also molested a friend’s son in Riverside County in 2003. Delgado was charged for his offenses in Los Angeles and Riverside. The Los Angeles District Attorney agreed to transfer Delgado’s charges to Riverside County. Delgado was tried in Riverside County for the charges in Los Angeles and Riverside. Delgado was convicted of these charges. On appeal, Delgado argued that the court in Riverside did not have jurisdiction over his charges from Los Angeles. Delgado claimed it was a violation of his vicinage rights. Vicinage refers to the area where the jury is drawn from. Delgado argues that his Los Angeles charges should be tried in Los Angeles, in front of a jury from Los Angeles. The court of appeals did not agree and affirmed the trial court’s decision.

The court reasoned that although the Bill of Rights guarantees the right to trial by a jury of the State and district wherein the crime was committed, the vicinage clause is not applicable in a state criminal trial. Therefore, the court did not err when the Los Angeles charges were joined with the Riverside charges.

If you or a loved one has been charged with a criminal matter, it is critical that you talk to an experienced Riverside criminal defense attorney. Knowing the law is only half the battle. There are many procedural matters to be dealt with, as you can see above. At Wallin & Klarich, our attorneys have over 30 years of experience in dealing with all criminal matters. We will guide you through this process and fight to get the best possible result in your case. Call us at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Convicted repeat sex offenders can be imprisoned indefinitely in California state prison under Jessica’s Law. However, they might be getting out sooner then you think, as this law could be in violation of the Equal Protection Clause of the California State Constitution. The California Supreme Court has not struck down this section of Jessica’s Law yet, but it did rule last month that a hearing must be heard before a trial judge, in which the state of California must provide valid reasons for treating convicted sex offenders differently from others who are “subject to civil confinement.”

Jessica’s Law, also known as Proposition 83, was passed by California voters in 2006. It prohibits convicted sex offenders from living near schools and parks. Moreover, it has increased certain penalties for repeat sex offenders and allows the state of California to incarcerate such convicted offenders for indefinite periods of time.

Wallin and Klarich will be monitoring this situation very closely over the next few months. It is extremely important, as it can potentially impact thousands of convicted sex offenders. Wallin & Klarich has experienced and knowledgeable attorneys available to answer any questions you may have concerning this matter. For over 30 years, Wallin & Klarich has successfully defended clients charged with various sex offenses. Call 1-888-749-0034 or visit www.wklaw.com to speak to one of Wallin & Klarich’s aggressive and experienced Southern California sex crimes attorneys today. We will be there when you call.

Proposition 36 (“Prop. 36”) is a diversion program available for individuals who are trying to clean up from their addiction to drugs and to avoid jail time. What happens if the individual enters the Prop. 36 program, but the individual has a prescription for medicinal marijuana?

In People v. Beaty (No. F055868), the appellate court held that using medicinal marijuana does not by itself make someone a participant in a Prop. 36 program unamenable to treatment. In 2007, Beaty admitted to transporting and possessing methamphetamine in violation of California Health and Safety Code 11379. He was placed on Prop. 36 probation for a period of five years. Beaty was ordered to enroll in a drug treatment program.

Brian Beaty was disabled after a motorcycle accident in 1998. Beaty was prescribed the use of medical marijuana to treat the chronic pain he was suffering from. He was advised that he would not able to use marijuana, although prescribed, while on Prop. 36 probation by the Prop. 36 team that was overseeing his progress. However, Beaty’s attorney told him that his use of medical marijuana was legal, so Beaty continued to use marijuana on a daily basis for medicinal purposes.

Beaty tested positive each time he was tested. The probation department filed a petition to have Beaty’s probation revoked because he was unamenable to treatment. The probation department had two expert witnesses testify to the fact that the use of medicinal marijuana was inconsistent with the program’s goal of abstinence. Relying on the testimony of the expert witnesses, the trial court revoked Beaty’s Prop. 36 probation and sentenced him to a term of 30 days in county jail.

On appeal, the court found that the trial court impermissibly deferred a legal conclusion to the drug treatment program. The court found that medicinal use of marijuana alone is not sufficient to render an individual unamenable for treatment in the Prop. 36 drug treatment program. The court noted that recovery from addiction cannot mean that patients must refrain from the use of all narcotics. The intent of Prop. 36 is to provide treatment that will enhance public safety by reducing drug-related crime and preserving jails and prison cells for serious and violent offenders and to improve public health by reducing drug abuse and drug treatment strategies? Therefore, when the Prop. 36 participant is using a legally prescribed drug that may be inconsistent with the goal of the program, the probation department can apply a reasonable policy to the circumstances of any individual Prop. 36 defendant.

If you or a loved one have been charged with violating probation in Southern California, it is critical that you talk to an experienced criminal defense lawyer. At Wallin & Klarich, our attorneys have over 30 years of experience in successfully dealing with all types of criminal cases. Our attorneys will aggressively defend your rights and fight to get you the best possible result. Call us at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Sexual molestation in Orange County is a serious charge. California Penal Code Section 288(a) provides that any person who willfully and lewdly commits any lewd or lascivious act upon or with the body… 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. In other words, it is a crime to perform a lewd or lascivious act on a child under the age of 14. If you are charged with child molestation, it is important that you talk to an experienced criminal defense attorney.

In order to prove that the defendant is guilty child molestation, the prosecution must prove that:

1. The defendant willfully touched any part of a child’s body either on the bare skin or through the clothing; OR

1. (B) The defendant willfully caused a child to touch (his/her) own body, the defendant’s body, or the body of someone else, either on the bare skin or through the clothing;
2. The defendant committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of (himself/herself) or the child; AND
3. The child was under the age of 14 years at the time of the act.

The touching need not be done in a lewd or sexual manner. Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. Actually arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child is not required. It is not a defense that the child may have consented to the act. A conviction can lead to imprisonment for up to 8 years in state prison.

Defending one charged with sexual molestation can be complex. It is critical that you talk to an experienced Southern California criminal defense attorney if you are charged with child molestation. At Wallin & Klarich, our attorneys have over 30 years of experience in handling these cases. We will aggressively defend your rights and fight to get the best possible result 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. The stakes are simply too high not to.

Anyone charged with possession for sale of a controlled substance should speak with an experienced drug possession attorney in California. Possession for sale of controlled substances is a serious crime with harsh penalties.

California Health and Safety Code Section 11351 makes it illegal to possess controlled substances for the purposes of selling them. To be convicted under Section 11351, it needs to be proven that the defendant unlawfully possessed a controlled substance; the defendant knew of its presence; the defendant knew of the substance’s nature as a controlled substance; and the controlled substance was in a usable amount.

Hiring an attorney can help you raise defenses to the charges against you. A defense that might be available is submitting a motion to suppress evidence. If evidence in your case was illegally seized, an attorney can ask the judge to disallow the usage of the evidence. This can essentially dismiss the case against you. Another defense available to a defendant is proof that there was a lack of possession, knowledge of the drugs’ presence, or intent to sell.

A conviction under Section 11351 can be punishable by imprisonment for up to five years in state prison.

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

At Wallin & Klarich, our criminal defense attorneys have over 30 years of experience defending those accused of drug-related offenses, and are prepared to handle every aspect of your case. Our attorneys will examine the circumstances of your case in order to provide you with the best possible defense. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839.We will be there when you call.