California law defines a “wobbler” as an offense that prosecutors can elect to file as either a misdemeanor or a felony, depending on

1. the specific facts of the case, and

2. your criminal history.

If the facts of your case are severe…and/or you have a criminal history that justifies a harsh punishment…prosecutors will likely charge you with a felony. Conversely, if this is your first offense…and/or there are mitigating facts that can excuse or reduce some of your criminal culpability…prosecutors may be more likely to charge you with a misdemeanor.

There are certain rights and privileges that are revoked when you are convicted of a felony. As long as your offense remains a misdemeanor, you will preserve some of these rights (such as the right to own or possess firearms) And, in the unfortunate event, you are charged with a wobbler felony, you can later petition the court to have your felony conviction reduced to a misdemeanor. This relief isn’t available for “straight” felonies…that is, felonies that are not classified as wobblers.

The bottom line is that if you’ve been charged with a wobbler, our team of experienced Southern California criminal defense attorneys know the most effective arguments for convicting prosecutors and judges to minimize your potential penalties by charging you with a misdemeanor instead of a felony. The difference between a felony and a misdemeanor is an enormous one for one’s record and the possible consequences.

If you or someone you know has been accused of a crime, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result. At Wallin & Klarich, we have helped people accused of robbery allegations for over 30 years. Call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

According to media sources, the federal charges stem from a bankruptcy case that Dykstra filed on July 7, 2009. The criminal matter was filed with U.S. District Court, alleging that Dykstra removed, destroyed and sold property that was part of the bankruptcy estate without the permission of the bankruptcy trustee.

Under California Law, criminal fraud may occur when a person with the specific knowledge to defraud, converts property to ones own use, when the person knows or reasonably should have known that he/she is not legally entitled to utilize the property. In this particular case the U.S. Attorneys will argue that Dykstra knew, since he had declared bankruptcy, that he was not legally entitled to remove items of property from his residence. We are certain that the defense will aggressively counter these arguments. If convicted, Dykstra may face up to five years in federal prison. The forty-eight year old is set to return to court on May 16th and was released on bail.

If you have been charged with a federal crime, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have aggressively defended individuals accused of federal crimes for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

The amendment was signed as part of “Chelsea’s Law,” a variety of new laws generally increasing punishment for sex offenders.  The law was named after 17-year-old Chelsea King, who was murdered by a convicted sex offender.  Chelsea’s murderer also admitted to previously killing a 14-year-old girl, Amber Dubois.

The new Penal Code section 666 includes two important exceptions: a convicted sex offender or a person with a prior “strike” conviction may still be charged with a felony petty theft after just one prior petty theft.

A felony petty theft conviction is punishable by up to three years in state prison.

If you have been accused of a felony petty theft, call an experienced Southern California criminal defense attorney immediately.  The new change in petty theft law may mean that you were charged incorrectly, and that a misdemeanor petty theft charge is appropriate.  Contact a Southern California petty theft lawyer to discuss your defense.

Under no circumstances should you speak to law enforcement, except to state that you wish to remain silent and wish to contact an attorney.

If you are facing petty theft charges, you will need an experienced Southern California criminal defense firm to vigorously represent you at all phases of trial.  At Wallin & Klarich, we have helped people charged with a variety of crimes, including petty theft, for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

A multiple driving under the influence offense could lead to charges being filed as a felony and in this particular case, second degree murder. Gallo had previous driving under the influence convictions and was on notice and warned in earlier cases that he could be charged with murder if he drove drunk and killed and killed a person.

Do not leave to chance the risk of being convicted of Felony DUI. Contact the experienced San Bernardino lawyers at the firm of Wallin & Klarich.  Wallin & Klarich have represented defendants for over 30 years. Our knowledgeable San Bernardino Attorneys can make the difference between your freedom and being locked up for a long time. Contact us now at Wallin & Klarich by calling or emailing us at www.wklaw.com to set up an appointment.

Under California Penal Code Section 215, carjacking law is defined as the “felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.”

Because of the serious nature of the charge and the complexities of the laws surrounding the offense of carjacking, it is critically important that someone charged with carjacking immediately consult an experienced criminal defense attorney. At Wallin & Klarich, our experienced criminal defense attorneys have been handling carjacking and “strike” cases for more than 30 years, and we will aggressively fight the charges on your behalf. Our attorneys will look at the unique facts of your case and explore all possible defenses. For more information on this crime, visit us on our website at www.wklaw.com and read our Carjacking section. Call us today at (888) 280-6839 for a free case evaluation. We will be there when you call.

Sharon Pearl was charged with embezzlement in California and six separate counts of filing false income tax returns. Pearl used the $675,000 she stole from the agency to fund a lavish lifestyle for herself, spending the money on expensive clothes, spa treatments, dinners, and nights at expensive hotels.

As the State Bar’s Director of Real Property, Pearl was in charge of collecting rent money from tenants at the agency’s San Francisco headquarters. She also had a separate position overseeing the accounts of the Piedmont Light Opera Theater. According to prosecutors, Pearl asked tenants of the State Bar to make their rent checks out to “PLOT – The State Bar of California” – PLOT standing for the Piedmont Light Opera Theater. Pearl deposited the rent checks meant for the State Bar into the theater’s bank account and then transferred the money into her own personal account. After six years, State Bar officials discovered the accounting discrepancies and fired her in October 2008.

After the trial, Pearl’s attorney, Mark Cohen, stated she “deeply regretted her actions” and had already paid $393,000 in restitution. Cohen also accused the State Bar of using Pearl as a scapegoat to help cover for the agency’s lack of internal financial controls. Assistant Attorney General Ronald Smetana acknowledged the agency had no mechanism in place to track the payments it should have been receiving from tenants.

If you are accused of embezzlement, it is vital that you call the Southern California defense attorneys at Wallin & Klarich. Our attorneys have over 30 years of experience successfully defending clients of embezzlement and theft-related charges. We will go over your case with you in great detail and provide you with the best possible defense. Call Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com for a consultation of your case. We can help you.

Selling marijuana is a felony. To convict the defendant, it must be shown that the defendant sold a controlled substance, knew of its presence, knew of the substance’s nature as a controlled substance, and the controlled substance was marijuana. This is what the prosecution must prove.

An attorney can help provide you with possible defenses to a charge of marijuana sales. An attorney can submit a motion to suppress evidence if the marijuana was illegally seized. Your case may be dismissed if the judge grants this motion.

You can be sentenced to state prison for up to four years if convicted of marijuana sales. The penalties are even harsher if you sold marijuana to a minor. Selling marijuana to a minor can be punishable by imprisonment for up to seven years in state prison.

For more information, please go to www.wklaw.com and read our Marijuana Sales 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 attorneys have been handling drug cases for over 30 years. Our Southern California marijuana sales defense attorneys will fully defend your rights and will always keep you informed with everything going on in your case. Call Wallin & Klarich today at (888) 749-0034. We will be there when you call.

Fraud charges involving credit cards can be serious if you are convicted. California laws covering credit card fraud carry substantial penalties. These penalties can include jail time, fines, probation, prison, parole, community service, and restitution.

If you or a loved one is facing felony fraud charges, our San Diego fraud defense attorneys at Wallin and Klarich have the experience needed to ensure that your rights are protected. Our attorneys have over 30 years of experience in dealing with fraud charges. We will provide you with the best possible defense. Call us at 888-749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.

A recent California Supreme Court decision, People v. Concha, held that the jury must be instructed about the provocative murder doctrine when deciding whether or not to convict the defendant of first degree murder.

The provocative murder doctrine states that an accomplice in an attempted murder can be convicted of first degree murder if the intended murder victim kills another accomplice in the course of the attempted murder. In this case, the defendant had conspired with two other people to kill Jimmy Harris. During the course of the attempted murder, Harris killed one of Concha’s coconspirators in self defense. Concha was subsequently put on trial and convicted of first degree murder for his coconspirator’s death.

The California Supreme Court ruled that the jury did not receive the right instructions on the provocative murder doctrine and remanded the case back to the trial court. The jury was instructed to find Concha guilty of first-degree murder if the attempted murder was committed willfully, deliberately, and with premeditation. However, the trial court failed to instruct the jury that for first-degree murder Concha must have personally acted willfully, deliberately, and with premeditation.

Concha might still be convicted of second degree murder or attempted murder, but both of these crimes are lesser offenses than first degree murder. Subdivision (a) of section 664 of the California Penal Code provides that, as a general matter, a person guilty of attempted murder must be punished by imprisonment for five, seven or nine years. It goes on to provide, that “if the [murder] attempted is willful, deliberate, and premeditated . . . , the person guilty of the attempt shall be punished by imprisonment . . . for life . . . . The additional terms provided . . . for attempted willful, deliberate, and premeditated murder shall not be imposed unless the fact that the attempted murder was willful, deliberate, and premeditated is charged in the accusatory pleading and admitted or found to be true by the trier of fact.” All of these elements must be proved at trial.

In all criminal cases, it is important to have an experienced criminal defense attorney on your side. The serious felony attorneys at Wallin & Klarich have over 30 years of experience handling violent crimes and felonies. Our attorneys have the skills and expertise to provide our clients with the best possible defense. Whether at the trial stage or the appeals stage, the attorneys at Wallin & Klarich quickly respond to our clients’ legal needs. If you or a loved one has been charged with a serious crime, contact the attorneys at Wallin & Klarich immediately. Our Southern California violent crime attorneys can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com.

The tenth step in a felony case is the trial itself. If the case has not been resolved, you have a right to have a trial by a jury of your peers where the prosecutor will have to convince all twelve jurors that you are guilty of all of the charges beyond all reasonable doubt. If even one of the eleven jurors is not persuaded, then you cannot be found guilty. You have a right to testify at your trial, and you will decide whether or not you should testify by consulting with your lawyer.

Going through a jury trial is an extremely taxing, tiring, and emotional time, and you need to make sure you have a lawyer represent you at trial who has the stamina and determination to represent you to the fullest and to the very end. Jury trials require alert lawyers who know the law extremely well. Sometimes it only takes a millisecond to win or lose a trial. You need a San Diego criminal defense lawyer who knows how to keep the good evidence in and the bad evidence out. One mistake can be the difference between guilty or not guilty.

The attorneys at Wallin & Klarich have the skills and expertise to provide you with the best possible defense to your felony case. 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.

Keep reading to learn the next step in defending a felony case.