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	<title>wklaw &#187; Law &amp; Information</title>
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		<title>Westminster Woman Sentence for Stealing a Pair of Breast Implants and How a Criminal Defense Attorney Can Help You &#8211; California Penal Code section 487</title>
		<link>http://www.wklaw.com/blog/2010/04/06/westminster-woman-sentence-for-stealing-a-pair-of-breast-implants-and-how-a-criminal-defense-attorney-can-help-you-california-penal-code-section-487/</link>
		<comments>http://www.wklaw.com/blog/2010/04/06/westminster-woman-sentence-for-stealing-a-pair-of-breast-implants-and-how-a-criminal-defense-attorney-can-help-you-california-penal-code-section-487/#comments</comments>
		<pubDate>Tue, 06 Apr 2010 11:00:09 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[Theft Crime]]></category>
		<category><![CDATA[breast implant theft]]></category>
		<category><![CDATA[grand theft in southern ca]]></category>
		<category><![CDATA[oc criminal defense law firm]]></category>
		<category><![CDATA[orange county theft crime lawyers]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=734</guid>
		<description><![CDATA[It was recently reported that Yvonne Pamellonne, also known as the “Breast Implant Bandit” has been sentenced to 6 months in jail for stealing a pair of breast implants. Authorities reported that Pampellonne took out credit in another person’s name to get $12,000 in cosmetic surgery, which included breast implants and liposuction. Pampellonne pleaded guilty [...]]]></description>
			<content:encoded><![CDATA[<p>It was recently reported that Yvonne Pamellonne, also known as the “Breast Implant Bandit” has been sentenced to 6 months in jail for stealing a pair of breast implants.  Authorities reported that Pampellonne took out credit in another person’s name to get $12,000 in cosmetic surgery, which included breast implants and liposuction. Pampellonne pleaded guilty to burglary, grand theft and identity theft. She was sentenced to 180 days in jail and was placed on three years probation. Pampellone surrendered to police in March after police caught up with her using breast implant tracking numbers.</p>
<p>Under California Penal Code section 487, grand theft is defined as the taking of property that exceeds $400 in value. Theft charges can stem from incidents such as the one above in which Pampellone stole a pair of breast implants worth $12,000 but they can also occur when a person illegally takes property from another person with the intent of keeping the property indefinitely.</p>
<p>If you or a loved one is facing charges for grand theft or any other theft crime, contact our <a href="http://www.wklaw-orangecounty.com/theft-crimes.html" rel="nofollow" >Orange County theft crime attorneys</a> at Wallin and Klarich. Wallin &#038; 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) 749-0034 or visit our website at www.wklaw.com. We will be there when you call.</p>
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			<wfw:commentRss>http://www.wklaw.com/blog/2010/04/06/westminster-woman-sentence-for-stealing-a-pair-of-breast-implants-and-how-a-criminal-defense-attorney-can-help-you-california-penal-code-section-487/feed/</wfw:commentRss>
		<slash:comments>15</slash:comments>
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		<item>
		<title>Suspect Arrested On Suspicion of Robbery, Assault With A Deadly Weapon, and Drug Possession &#8211; California Penal Code Sections 211 and 245, Health and Safety Code Section 11350</title>
		<link>http://www.wklaw.com/blog/2010/04/05/suspect-arrested-on-suspicion-of-robbery-assault-with-a-deadly-weapon-and-drug-possession-california-penal-code-sections-211-and-245-health-and-safety-code-section-11350/</link>
		<comments>http://www.wklaw.com/blog/2010/04/05/suspect-arrested-on-suspicion-of-robbery-assault-with-a-deadly-weapon-and-drug-possession-california-penal-code-sections-211-and-245-health-and-safety-code-section-11350/#comments</comments>
		<pubDate>Mon, 05 Apr 2010 11:00:37 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Assault]]></category>
		<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[california assault with deadly weapon]]></category>
		<category><![CDATA[california criminal defense law firm]]></category>
		<category><![CDATA[drug possession ca attorney]]></category>
		<category><![CDATA[san diego robbery]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=728</guid>
		<description><![CDATA[How an Experienced San Diego Criminal Defense Attorney Can Help You It was recently reported that a La Mesa man was taken into custody on suspicion of robbery, assault with a deadly weapon, and possession of drugs and a syringe. Police believe he is the man who recently stole a purse from a woman walking [...]]]></description>
			<content:encoded><![CDATA[<p><strong>How an Experienced San Diego Criminal Defense Attorney Can Help You</strong></p>
<p>It was recently reported that a La Mesa man was taken into custody on suspicion of robbery, assault with a deadly weapon, and possession of drugs and a syringe.  Police believe he is the man who recently stole a purse from a woman walking to her car in a La Mesa Wal-Mart parking lot.  During the incident, Mann allegedly used a knife to cut the strap of the purse but also ended up badly cutting the woman’s hand.  Mann was on parole for a previous conviction when this crime took place.  Another man, David Ennis, was also arrested in connection with the purse snatching.  Ennis was believed to have been driving the vehicle that helped Mann flee the scene of the crime.</p>
<p>The punishment for a robbery conviction can be up to five years in state prison.  Assault with a deadly weapon charges can be either a felony or a misdemeanor, depending on the circumstances of the case.  An assault with a deadly weapon other than a firearm conviction can result in a year in jail, thousands of dollars in fines, probation, restitution, and court-ordered rehabilitation programs.  A possession of a controlled substance conviction can result in up to three years in state prison.</p>
<p>The San Diego criminal defense attorneys at Wallin and Klarich have years of experience helping clients facing all types of criminal charges. Our <a href="California Penal Code Sections" rel="nofollow" >San Diego criminal defense attorneys</a> will investigate your case and find ways to successfully defend you with the goal of getting your charges dismissed or reduced, keeping you out of jail. If you or a loved needs a knowledgeable and skilled San Diego criminal defense attorney, contact our law office today. Call 1-888-749-0034 to speak to one of Wallin &#038; Klarich’s aggressive and experienced criminal defense attorneys. Please visit us at www.wklaw.com. We will be there when you call.</p>
]]></content:encoded>
			<wfw:commentRss>http://www.wklaw.com/blog/2010/04/05/suspect-arrested-on-suspicion-of-robbery-assault-with-a-deadly-weapon-and-drug-possession-california-penal-code-sections-211-and-245-health-and-safety-code-section-11350/feed/</wfw:commentRss>
		<slash:comments>6</slash:comments>
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		<item>
		<title>What You Need To Know About Public Defenders and How an Experienced Southern California Defense Attorney Can Help You</title>
		<link>http://www.wklaw.com/blog/2010/04/03/what-you-need-to-know-about-public-defenders-and-how-an-experienced-southern-california-defense-attorney-can-help-you/</link>
		<comments>http://www.wklaw.com/blog/2010/04/03/what-you-need-to-know-about-public-defenders-and-how-an-experienced-southern-california-defense-attorney-can-help-you/#comments</comments>
		<pubDate>Sat, 03 Apr 2010 11:00:04 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[defense attorney in california]]></category>
		<category><![CDATA[public defenders]]></category>
		<category><![CDATA[so cal criminal lawyer]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=722</guid>
		<description><![CDATA[If a person accused of a crime is without funds to hire a lawyer, the court may grant the accused the assistance of a Public Defender. A Public Defender is an attorney employed by the government to represent those accused of crimes who cannot afford an attorney. Most people have a job or a savings [...]]]></description>
			<content:encoded><![CDATA[<p>If a person accused of a crime is without funds to hire a lawyer, the court may grant the accused the assistance of a Public Defender. A Public Defender is an attorney employed by the government to represent those accused of crimes who cannot afford an attorney.</p>
<p>Most people have a job or a savings account, some form of equity in a home or automobile, or something of value to help finance legal counsel.  If a defendant does not have any of these things, the court will ask the defendant (under penalty of perjury) at the beginning of the case to fill out a document called a financial statement declaring what assets the defendant has and what the defendant’s income is.  Once the court has this information, the court will decide whether or not the defendant qualifies for the assistance of a Public Defender.  At the end of the case, the court will decide whether the defendant must pay the county for some or all the assistance of the Public Defender.</p>
<p>The court will usually ask for the defendant to pay a certain amount, and will give the defendant a chance to have a hearing on the matter.  The court will also further delve into the amount of work done by the Public Defender and your ability to pay an hourly wage for those hours worked.   So unless you are truly penniless, a Public Defender is not typically free.</p>
<p>If you or a loved one is facing criminal charges, it is important to consult with an attorney immediately.  At Wallin &#038; Klarich, our attorneys have the means dedicate all of their time and resources to your case, going over each piece of evidence in great detail and making sure all possible avenues of your case is explored.  You can speak with your attorney at any time and will be kept up-to-date on the progress of your case.  Wallin &#038; Klarich has over 30 years of criminal defense experience and has successfully defended thousands of criminal cases, ranging from minor traffic violations to assault and murder. Call 1-888-749-0034 or visit www.wklaw.com to speak to one of Wallin &#038; Klarich’s aggressive and experienced <a href="http://www.wklaw.com/">criminal defense attorneys in California</a> today.  We will be there when you call.</p>
]]></content:encoded>
			<wfw:commentRss>http://www.wklaw.com/blog/2010/04/03/what-you-need-to-know-about-public-defenders-and-how-an-experienced-southern-california-defense-attorney-can-help-you/feed/</wfw:commentRss>
		<slash:comments>4</slash:comments>
		</item>
		<item>
		<title>Why You Need an Experienced Southern California Domestic Dispute Defense Attorney to Help You if You Are Accused of Domestic Violence &#8211; California Penal Code Section 243 (e) (1)</title>
		<link>http://www.wklaw.com/blog/2010/04/02/why-you-need-an-experienced-southern-california-domestic-dispute-defense-attorney-to-help-you-if-you-are-accused-of-domestic-violence-california-penal-code-section-243-e-1/</link>
		<comments>http://www.wklaw.com/blog/2010/04/02/why-you-need-an-experienced-southern-california-domestic-dispute-defense-attorney-to-help-you-if-you-are-accused-of-domestic-violence-california-penal-code-section-243-e-1/#comments</comments>
		<pubDate>Fri, 02 Apr 2010 11:00:12 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Domestic Violence]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[california domestic violence defense lawyer]]></category>
		<category><![CDATA[domestic abuse los angeles]]></category>
		<category><![CDATA[so cal criminal defense law firm]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=715</guid>
		<description><![CDATA[When law enforcement respond to a 911 call reporting domestic abuse, officers are trained to separate both parties upon arrival. Generally, both parties are asked a similar set of questions. An emphasis is placed on the simple question, &#8220;What was the argument about?&#8221; Police and prosecutors believe that each party’s answer will help identify any [...]]]></description>
			<content:encoded><![CDATA[<p>When law enforcement respond to a 911 call reporting domestic abuse, officers are trained to separate both parties upon arrival. Generally, both parties are asked a similar set of questions. An emphasis is placed on the simple question, &#8220;What was the argument about?&#8221; Police and prosecutors believe that each party’s answer will help identify any motive to lie and/or expose any possible defenses.</p>
<p>The majority of police reports developed after a domestic dispute will include two versions of facts and events: one from the alleged victim and the other from the alleged suspect. It is essential to hire a lawyer who will effectively investigate and document the reasons why your version of events is more believable and credible than the other party’s.  It is important to understand that being arrested for domestic violence is not the same as being convicted of domestic violence. To arrest, an officer needs only probable cause that an offense has been committed. To convict, a prosecutor must prove each and every element of the offense beyond a reasonable doubt.</p>
<p>In order to make sure that your rights are accurately and aggressively defended after being arrested for domestic violence in Southern California, you should contact the experienced <a href="http://www.wklaw.com/areas-domestic-violence.html">Southern California domestic violence defense lawyers</a> of Wallin &#038; Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin &#038; Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin &#038; Klarich today at 888-749-0034 or visit www.wklaw.com. We can help you.</p>
]]></content:encoded>
			<wfw:commentRss>http://www.wklaw.com/blog/2010/04/02/why-you-need-an-experienced-southern-california-domestic-dispute-defense-attorney-to-help-you-if-you-are-accused-of-domestic-violence-california-penal-code-section-243-e-1/feed/</wfw:commentRss>
		<slash:comments>5</slash:comments>
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		<item>
		<title>What You Need To Know About Embezzlement &#8211; California Penal Code Section 503</title>
		<link>http://www.wklaw.com/blog/2010/04/01/what-you-need-to-know-about-embezzlement-california-penal-code-section-503/</link>
		<comments>http://www.wklaw.com/blog/2010/04/01/what-you-need-to-know-about-embezzlement-california-penal-code-section-503/#comments</comments>
		<pubDate>Thu, 01 Apr 2010 06:00:11 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Embezzlement]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[embezzlement]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=700</guid>
		<description><![CDATA[To embezzle in California is a serious crime. Embezzling carries harsh penalties that can also raise considerable doubts about your trustworthiness and integrity as a person. Therefore, it is crucial for you to contact an experienced Southern California embezzlement attorney to help you maintain your innocence and protect your rights. Under California Penal Code Section [...]]]></description>
			<content:encoded><![CDATA[<p>To embezzle in California is a serious crime. Embezzling carries harsh penalties that can also raise considerable doubts about your trustworthiness and integrity as a person.  Therefore, it is crucial for you to contact an experienced <a href="http://www.wklaw.com/embezzlement-overview.html">Southern California embezzlement attorney</a> to help you maintain your innocence and protect your rights.</p>
<p>Under <a href="http://www.wklaw.com/embezzlement-overview.html">California Penal Code Section 503</a>, embezzlement occurs when a person unlawfully takes the property of another that has been entrusted to him/her.  Embezzlement charges usually arise in the workplace where employees are typically entrusted with handling valuable items in the course of their work. As a result, most alleged embezzlers are employees accused of taking from their employers.</p>
<p>In order to be convicted for embezzlement, the prosecution must prove that the owner of the property you are accused of embezzling had actually entrusted the property to you, that they did so because they trusted you, and that you intended to deprive the owner of the property by fraudulently taking or using the property for your own benefit. These are serious accusations which makes it essential for you to obtain competent legal representation. Our attorneys at Wallin and Klarich have been helping people facing embezzlement charges for over 30 years. We can help you overcome the charges against you.</p>
<p>When faced with embezzlement charges, you are not completely helpless; an experienced embezzlement lawyer can argue certain defenses on your behalf. One of the most powerful <a href="http://www.wklaw.com/embezzlement-defenses.html">embezzlement defenses</a> that may be available to you is your good-faith belief that you were handling the property in question within the scope of your employment.  You cannot be deemed an embezzler if you honestly believed that you were in lawful possession of the property. This is closely related to another defense that asserts that you simply did not intend to use the property for your own benefit or deprive the owner of its use. Since these defenses attack the very essence of the charge of embezzlement, they can compel a court to completely dismiss the charge against you.</p>
<p>Embezzlement in California is punishable by imprisonment of up to 3 years in state prison and/or a maximum fine of $10,000. An embezzlement conviction may also preclude any chance of obtaining any public office.</p>
<p>For more information, go to www.wklaw.com and read our <strong>Embezzlement</strong> section. You will find invaluable information regarding the charges that you or a loved one may likely face, and the available defenses.</p>
<p>At Wallin &#038; Klarich, our attorneys have extensive knowledge of embezzlement laws and have over 30 years of experience in defending those charged with embezzlement. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.</p>
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			<wfw:commentRss>http://www.wklaw.com/blog/2010/04/01/what-you-need-to-know-about-embezzlement-california-penal-code-section-503/feed/</wfw:commentRss>
		<slash:comments>1</slash:comments>
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		<title>Actor Charlie Sheen Pleads &#8220;Not Guilty&#8221; to Domestic Violence Charges Including Assault &#8211; California Penal Code Section 240</title>
		<link>http://www.wklaw.com/blog/2010/03/31/actor-charlie-sheen-pleads-not-guilty-to-domestic-violence-charges-including-assault-california-penal-code-section-240/</link>
		<comments>http://www.wklaw.com/blog/2010/03/31/actor-charlie-sheen-pleads-not-guilty-to-domestic-violence-charges-including-assault-california-penal-code-section-240/#comments</comments>
		<pubDate>Wed, 31 Mar 2010 11:00:11 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Assault]]></category>
		<category><![CDATA[Battery]]></category>
		<category><![CDATA[Domestic Violence]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[battery on a spouse charges]]></category>
		<category><![CDATA[domestic violence defense attorneys]]></category>
		<category><![CDATA[los angeles assault defense lawyer]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=710</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>Charlie Sheen, star of the CBS sitcom <em>Two and a Half Men</em>, 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.</p>
<p>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 <em>Two and a Half Men</em>.</p>
<p>In California, the crime of assault is defined in Penal Code Section 240 for <a href="http://www.wklaw.com/battery-faqs.html">assault and battery charges</a>, 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.</p>
<p>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 <a href="http://www.wklaw.com/">Southern California criminal defense attorneys</a> at Wallin &#038; 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.</p>
]]></content:encoded>
			<wfw:commentRss>http://www.wklaw.com/blog/2010/03/31/actor-charlie-sheen-pleads-not-guilty-to-domestic-violence-charges-including-assault-california-penal-code-section-240/feed/</wfw:commentRss>
		<slash:comments>3</slash:comments>
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		<item>
		<title>How to Determine whether One&#8217;s Conduct Amounts to Stalking under California Penal Code 646.9</title>
		<link>http://www.wklaw.com/blog/2010/03/30/how-to-determine-whether-ones-conduct-amounts-to-stalking-under-california-penal-code-646-9/</link>
		<comments>http://www.wklaw.com/blog/2010/03/30/how-to-determine-whether-ones-conduct-amounts-to-stalking-under-california-penal-code-646-9/#comments</comments>
		<pubDate>Tue, 30 Mar 2010 11:00:02 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[defense lawyer so cal]]></category>
		<category><![CDATA[southern ca criminal defense law firm]]></category>
		<category><![CDATA[stalking crimes in california]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=695</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p>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.</p>
<p>In order to ensure that your rights are accurately and aggressively defended, you should contact the experienced <a href="http://www.wklaw.com/">Southern California criminal defense law firm</a> of Wallin &#038; Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin &#038; Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin &#038; Klarich today at 888-749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.</p>
]]></content:encoded>
			<wfw:commentRss>http://www.wklaw.com/blog/2010/03/30/how-to-determine-whether-ones-conduct-amounts-to-stalking-under-california-penal-code-646-9/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
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		<title>California Supreme Court to Decide Whether or Not Jessica&#8217;s Law Violates the State Constitution and How an Experienced Southern California Sex Crimes Attorney Can Help You &#8211; Proposition 83</title>
		<link>http://www.wklaw.com/blog/2010/03/24/california-supreme-court-to-decide-whether-or-not-jessicas-law-violates-the-state-constitution-and-how-an-experienced-southern-california-sex-crimes-attorney-can-help-you-proposition-83/</link>
		<comments>http://www.wklaw.com/blog/2010/03/24/california-supreme-court-to-decide-whether-or-not-jessicas-law-violates-the-state-constitution-and-how-an-experienced-southern-california-sex-crimes-attorney-can-help-you-proposition-83/#comments</comments>
		<pubDate>Wed, 24 Mar 2010 11:00:14 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[Sex Crimes]]></category>
		<category><![CDATA[criminal defense lawyers california]]></category>
		<category><![CDATA[jessicas law]]></category>
		<category><![CDATA[prop 83]]></category>
		<category><![CDATA[repeat sex offender information]]></category>
		<category><![CDATA[southern ca sex crimes attorney]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=659</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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.”</p>
<p>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.</p>
<p>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 &#038; Klarich has experienced and knowledgeable attorneys available to answer any questions you may have concerning this matter. For over 30 years, Wallin &#038; 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 &#038; Klarich’s aggressive and experienced <a href="http://www.wksexcrimes.com/" rel="nofollow" >Southern California sex crimes attorneys</a> today. We will be there when you call.</p>
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			<wfw:commentRss>http://www.wklaw.com/blog/2010/03/24/california-supreme-court-to-decide-whether-or-not-jessicas-law-violates-the-state-constitution-and-how-an-experienced-southern-california-sex-crimes-attorney-can-help-you-proposition-83/feed/</wfw:commentRss>
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		<title>A Prop. 36 Participant may use Medicinal Marijuana &#8211; California Penal Code 1210.1 and 11362.5</title>
		<link>http://www.wklaw.com/blog/2010/03/23/a-prop-36-participant-may-use-medicinal-marijuana-california-penal-code-1210-1-and-11362-5/</link>
		<comments>http://www.wklaw.com/blog/2010/03/23/a-prop-36-participant-may-use-medicinal-marijuana-california-penal-code-1210-1-and-11362-5/#comments</comments>
		<pubDate>Tue, 23 Mar 2010 06:00:34 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Drug Crime]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[Marijuana Sales]]></category>
		<category><![CDATA[Possession of Marijuana]]></category>
		<category><![CDATA[drug diversion]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=652</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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 <a href="http://www.wklaw.com/possession-of-marijuana-prosecution.html">prescription for medicinal marijuana</a>?</p>
<p>In <em>People v. Beaty</em> (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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>If you or a loved one have been <a href="http://www.wklaw.com/areas-probation-violation.html">charged with violating probation in Southern California</a>, it is critical that you talk to an experienced criminal defense lawyer. At Wallin &#038; 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.</p>
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			<wfw:commentRss>http://www.wklaw.com/blog/2010/03/23/a-prop-36-participant-may-use-medicinal-marijuana-california-penal-code-1210-1-and-11362-5/feed/</wfw:commentRss>
		<slash:comments>16</slash:comments>
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		<title>What Does the Prosecution have to Prove in Order to Convict a Defendant of Sexual Molestation? &#8211; California Penal Code Section 288(a)</title>
		<link>http://www.wklaw.com/blog/2010/03/22/what-does-the-prosecution-have-to-prove-in-order-to-convict-a-defendant-of-sexual-molestation-california-penal-code-section-288a/</link>
		<comments>http://www.wklaw.com/blog/2010/03/22/what-does-the-prosecution-have-to-prove-in-order-to-convict-a-defendant-of-sexual-molestation-california-penal-code-section-288a/#comments</comments>
		<pubDate>Mon, 22 Mar 2010 11:00:31 +0000</pubDate>
		<dc:creator>Criminal Defense Attorney</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Law & Information]]></category>
		<category><![CDATA[Sex Crimes]]></category>
		<category><![CDATA[ca penal code section 288a]]></category>
		<category><![CDATA[proving child molestation]]></category>
		<category><![CDATA[sex offense defenses]]></category>
		<category><![CDATA[sexual molestation orange county]]></category>
		<category><![CDATA[southern ca sex crime defense attorneys]]></category>
		<guid isPermaLink="false">http://www.wklaw.com/blog/?p=637</guid>
		<description><![CDATA[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, [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.wksexcrimes.com/lewd-acts-minor.shtml" rel="nofollow" >Sexual molestation in Orange County</a> 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.</p>
<p>In order to prove that the defendant is guilty child molestation, the prosecution must prove that:</p>
<ol>
<li>The defendant willfully touched any part of a child’s body either on the bare skin or through the clothing; OR</li>
</ol>
<ol>
<li>(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;</li>
<li>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</li>
<li>The child was under the age of 14 years at the time of the act.</li>
</ol>
<p>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.</p>
<p>Defending one charged with sexual molestation can be complex. It is critical that you talk to an experienced <a href="http://www.wklaw.com/areas-sex-crimes.html">Southern California criminal defense attorney</a> if you are charged with child molestation. At Wallin &#038; 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.</p>
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			<wfw:commentRss>http://www.wklaw.com/blog/2010/03/22/what-does-the-prosecution-have-to-prove-in-order-to-convict-a-defendant-of-sexual-molestation-california-penal-code-section-288a/feed/</wfw:commentRss>
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