In felony matters, before diving into a jury trial, the courts look to see if there is enough evidence to proceed with a trial. The way they do this is to have a Preliminary Hearing beforehand in which witnesses are called to testify and evidence is presented – like a mini-trial. Preliminary hearings essentially serve to save the court’s time and resources by weeding out matters that would be a waste to take to trial.

A matter may be a waste if there simply isn’t enough evidence to show that a crime had even been committed. For this reason, a preliminary hearing only looks to see if there was enough “probable cause” to believe that a crime had been committed. This is a low standard of proof; the prosecution does not have to prove “beyond a reasonable doubt” that a crime had been committed. All that is required is “enough” to reasonably believe that all the elements of a crime are present. For this reason, it is very unlikely that a defendant will prevail in a preliminary hearing; however, it is still worth pursuing because there is always the possibility that the court will find that there isn’t enough to move forward with trial. If this is the case, then the charges can be reduced or dismissed altogether.

Preliminary hearings are only available for felony charges, so misdemeanor charges do not get preliminary hearings. You have a right to have a preliminary hearing within 10 court days or 60 calendar days after your arraignment hearing (where you enter your plea of “guilty” or “not guilty”). It is possible to have your preliminary hearing beyond this time period, but you will need to waive time in order to do so.

A preliminary hearing is a very important proceeding in a pending criminal matter. It would be very unwise to proceed with a preliminary hearing without a criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible outcome. Call us today at 877-230-1528 or visit us online at www.wklaw.com. We will be there for you when you call.

• CAL TRANS

There are lot of times when jail is required as part of a sentence. An example- Vehicle Code Section 14601.2, driving on a suspended license for a DUI- this carries with a 10 day minimum sentence in county jail. What a lawyer could do is have the DA give you an offer where the jail sentence is suspended and you do 10 days of Cal Trans work in Lieu of Jail. This option would allow an individual to avoid going into jail, and he or she could work off the 10 day sentence by doing Cal Trans work on the weekends. Cal Trans involves working along the freeway, picking up trash and doing manual labor.

• COURT WORK PROGRAM

This program, if your lawyer can talk the DA and Judge into recommending it, is a work program run by the OC Sheriff’s Department. Let’s say you have a felony charge for possession of stolen property and the DA wants 30 days of county jail. If the DA and Judge agree not to oppose it, a defendant can apply to the sheriff’s department before the turn-in date and if that person has a relatively minor record free from violent offenses, they most likely will be accepted. This program runs like Cal Trans however you would work around the jail facility, 2 to 3 days a week, doing manual labor. After 30 days (a day = an 8 hour work day) the 30 day jail sentence would be deemed complete.

• PAY TO STAY

This program is a little different then the other two above in that you would be staying at a jail. However it wouldn’t be Orange County Jail. This is a program which is run by local city jails. Newport Beach City Jail, Fullerton City Jail, Seal Beach PD Jail, etc. What happens here is that an individual pays to stay in the city from 6pm to 6am. The individual is allowed to be out of the jail during the day. This allows them to keep their job and continue to work. Like the other programs, a violent crime, or record or sex offenses will likely be a disqualifier.

• ELECTRONIC HOME CONFINEMENT

This alternative tends to be the most attractive to a lot of people. In this method, a phone monitoring system along with an ankle bracelet allows an individual to serve out their sentence at home. It allows for that person to be out of their house during their work hours. This is helpful on a case such as a second time DUI- in which the Orange County DA’s office usually seeks 60 days of jail time. This alternative, done thru the Orange County Probation Department, would allow someone to maintain their job, and serve out their 60 day sentence at home.

If you or a loved one are facing county jail time contact the experienced Orange County criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com

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The jury instruction read as follows:

Idiocy is an extreme mental deficiency. This mental deficiency often is congenital, meaning a deficiency acquired before birth, or is caused by an arrested development of the brain caused by disease or injury in early childhood. The deficiency may also be caused by brain damage from disease or injury sustained in later years. An idiot is a person who lacks capacity to commit crime, and therefore is not responsible for what would otherwise be criminal conduct. An idiot is a person who suffers from mental deficiency  and the degree of mental impairment is such that at the time of the commission of the alleged crime, he or she is incapable, by reason of that deficiency, of:

1.    Knowing the nature and quality of his or her act; or
2.    Understanding the nature and quality of his or her act; or
3.    Distinguishing what is legally right from what is legally wrong; or
4.    Distinguishing what is morally right from what is morally wrong.

Now that you know the basic elements for an idiocy defense, you can see if it may apply to a loved one’s case. However, please note that making this defense work in court is not an easy thing to do. It takes an extremely knowledgeable and experienced criminal defense attorney to help one with this defense. In fact, there can be a completely separate jury trial just on the issue of whether some one is an “idiot” or not.

We hope that the information in this blog gives you some helpful insight into an “idiocy” defense. If you or a loved one needs assistance with an “idiocy” defense or with any other criminal defense matter call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

In order to prove assault, the district attorney must prove the following beyond a reasonable doubt:

• The defendant committed an act that by its nature would directly and probably result in the application of force to a person
• The defendant did that act willfully
• When the defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone
• When the defendant acted, he had the present ability to apply force to a person.

If the prosecution is successful in proving all the above elements then the person will be guilty of a misdemeanor, which is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both fine and imprisonment. Also, if the assault was committed on law enforcement, emergency medical personnel or a firefighter, then the punishment will be increased to a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.

If you or a loved one is facing charges for assault in Los Angeles County, it is imperative that you contact our experienced Los Angeles County assault crime attorneys at Wallin & Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

Unfortunately, once a criminal conviction is incurred, it will stay on your record forever; a background check will likely reveal your convictions. However, an expungement will also add a “dismissed” to the conviction. This will indicate that you followed court orders and have moved on with your life. Although an expungement will not wipe your record clean, it is the only available option for most people who want to clean up their records.

To qualify for an expungement, you need to have successfully completed probation and you cannot currently be charged with a criminal offense. Also, you cannot be serving a sentence or be on probation for any other crime. Basically, you need to have nothing hanging over you at the time you request an expungement.

You are disqualified if you had served any time in state prison. You are also disqualified if you were convicted of committing sexual acts against minors (i.e., statutory rape, lewd acts with a child, oral copulation with a child, etc.).

It is highly recommended that you seek the help of a criminal defense attorney to prepare the motion for you. For more complicated expungement motions, especially those involving felony convictions, a court hearing before a judge may be required. An attorney can prepare the motion for you and argue for an expungement on your behalf.

At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you best ensure that your request for an expungement will be granted. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

California Restraining Order Options

•    Emergency Protective Order (EPO). This type of Restraining Order is issued by law enforcement and is valid for 5 days. It is used by domestic violence victims for their immediate protection and safety.
•    Domestic Violence Temporary Restraining Order (TRO or DVRO). A California Temporary Restraining Order is in force for three weeks, but it can be made into a permanent restraining order for 1 to 3 years. This is also useful for domestic violence victims.
•    Criminal Protective Order (“No Contact” Order). This type of restraining order is obtained through the District Attorney’s office, and is issued in active domestic violence cases. With this order, your abuser cannot call, write, e-mail or contact you at all except through lawyers.
•    Civil Harassment Restraining Order (CHO). This restraining order doesn’t need to qualify as a domestic violence restraining order.

It can be used to stop harassment, threats, stalking, etc. by neighbors, roommates and co-workers.
The best way to file a restraining order is to work with an experienced California Restraining Order attorney who will focus on your best interests.

If you or a loved one is being harassed, abused, threatened, or stalked; contact the experienced Southern California restraining order attorneys at Wallin & Klarich.  We’ve have been helping clients with restraining orders for over 30 years.  Call us at (888) 280-6839 or visit us at www.wklaw.com.

In order to be eligible for Veteran’s Court in Los Angeles County, an individual must first be a veteran of the United States military. The individual must be facing a non-violent and non-serious criminal charge. Also, the individual must not have suffered any prior felony strike convictions. Lastly, he or she must be in need of drug, alcohol, mental health, and/or veteran specific treatment services. However, if an individual does not meet these specific guidelines but his defense counsel believes that he or she would otherwise be a good candidate for Veteran’s Court in Los Angles County, deviation can be sought from a Veteran’s Court Deputy District Attorney who will present facts and circumstances to the District Attorney Director of Central Operations, for further consideration.

Moreover, if an individual’s defense counsel believes that a client is appropriate for Veteran’s Court, then the defense counsel can start the process by contacting the United States Department of Veteran’s Affairs (VA) justice “inreach” representative. The VA “inreach” representative will then attempt to confirm the individual’s Veteran’s status. When the individual and his counsel go to court, all parties including the judge, the prosecutor, and defense counsel, will agree to refer the individual for further evaluation. Next, the individual will be referred to the VA for assessment as to suitability for Veteran’s Court and for a recommendation as to the best program for the individual.

We hope this gives you some helpful insight into the Veteran’s Court in Los Angeles County. If you or a loved one are a veteran and facing criminal charges in Los Angeles County, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

A valid search warrant must be based on:
-    Probable cause,
-    Signed by a judge, and
-    Describes the place and things searched.

The police are not required to have the owner of the home watch while the police search their home.  Typically the police tend to put the owner of the home in custody during the search.  Police often claim it is for their safety but of course they do not want witnesses to know how they search.  If police arrive at your house and immediately barge into your home and begin searching your house without a warrant, you have the right to exclude any contraband seized by the police officers because they have violated your fourth amendment rights.

However, there are exceptions to the warrant requirement.  On such exception is consent.  If you are the owner of the home and you consent to a search, then a warrant is not required and if any illegal items or found in your home, it will be used against you.  Therefore, it is never in your advantage to consent to a search.  You have the right to say NO and deny the police from entering your home.

Another exception is if there’s an exigent circumstance, or an emergency.  For example, if police are chasing a suspect on foot through a neighborhood and the suspect enters a home.  The police will likely enter that home and conduct a search of the home to find the suspect.  Although the police will not be searching through cabinets and drawers, any contraband or illegal items in the plain view of the officers will likely be seized and used against you in court.

If you or a loved one has been arrested for items seized in your home, it is critical that you contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 criminal defense law firm who can effectively represent your side of the story.

When dealing with a bail in a federal case, it is important to note that you cannot be bailed out until you come to court. Once in court, the bail amount will be determined by the United States Magistrate usually on the day of the arrest if not within a few days after the arrest. After you are arrested, a Pretrial Service Officer will make a recommendation for your bail amount to the Magistrate. This recommendation will be based upon your background and the nature of the criminal offense and your local contacts to the community in which you live. You will be interviewed by the pretrial services officer. However, you will not be asked questions about the specific facts of your case.

If you are considered either a flight risk (i.e., likely to run away) or a danger to the community, then you can be detained without bail. If you are detained in this fashion then you have an opportunity to appeal to a federal judge at a later date to ask that a reasonable bail amount be set..

A signature bond may be sufficient in federal court. A signature bond is simply a promise to return without a need to put forward any collateral. The court will set bail amount and the defendant may be allowed to sign a document promising to pay that bail amount to the federal government if he fails to appear at all court hearings. In some cases, the court will permit a family member to sign a signature bond. If this happens then there will be no need to pay a bail bondsman any “fees” for “bailing” your loved one out of custody.

However, in the federal court system, unlike the state court system, the court can impose various “pretrial” conditions upon an accused. Depending upon the nature of the charges you are facing in federal court you may be required to do any or all of the following as a condition of your release from custody:

It is critical that you retain a federal criminal defense law firm as soon as you realize you are being investigated for a federal criminal offense. As you can see, in federal court, if you are merely arrested, you stand to lose a tremendous amount of your freedoms. It is often the case that federal criminal cases can go on for from one to three years. You will be forced to live under any or all of the restrictions above during this entire time. There will be a pretrial services officer monitoring you to make certain you comply with these restrictions. If you violate even one of them you can be returned to federal custody without the right to post any bail.

Having the federal criminal defense law firm of Wallin & Klarich retained to be at your side at the outset of your case can make the difference between you having or not having many of these restrictions placed upon you while your case is litigated in the courts. Wallin & Klarich has been defending persons facing federal criminal charges for over thirty years. We will be fighting for you from day one. There is too much at stake when you are facing federal criminal charges to trust your defense to a law firm with minimal federal criminal defense experience. Call us at 888-764-2615 or visit our website at www.wklaw.com . We will be there when you call.

Battery defined
Battery is the willful use of force or violence on another person. Any physical contact to another, without their consent is a battery. While Assault, under California Penal Code Section 240, is essentially defined as an attempt to commit battery.

Battery punishment
Basic battery is a misdemeanor punishable by a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

However, if the victim is a police officer, the punishment is more severe.  The battery is then punishable by a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment

Possible defenses
Self-Defense is a defense to battery. The requirements for a defense of self defense requires:

o    The defendant reasonably believed that he or someone else was in imminent danger of suffering bodily injury or was imminent danger of being touched unlawfully;
o    The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; AND
o    The defendant used no more force than was reasonably necessary to defend against that danger.

Therefore, if you reasonably believe that you are in imminent danger of bodily injury and you reasonably believed that the use of force was necessary to defend against that danger, then the defense of self defense will be a valid defense.

If you or a loved one has been charged with battery, it is important to contact an experienced criminal defense attorney. filed. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of battery cases.  Our attorneys will fully inform you of your options as they navigate through the complex court system for you.  Call us today at (888) 280-6839 or visit us at www.wklaw.com.  We will be there when you call.