Wallin & Klarich Criminal Defense Blog



Robbery Punishment

Thursday, August 18th, 2011

Robbery is the most serious of all theft offenses in California. An experienced Los Angeles criminal defense attorney, like the attorneys at Wallin & Klarich, is essential.

California Penal Code section 211 defines robbery as the taking of property or money from another, with the intent to either permanently or temporarily deprive the individual of that asset. To constitute robbery, the act must occur with the use of force, violence, assault or putting in fear.

Robbery is divided into First or Second Degree. First Degree Robbery is punishable by 3, 4 or 6 years in state prison if the accused is acting alone. If two or more persons are charged with First Degree Robbery, the punishment increases to 3, 6 or 9 years in state prison. Second Degree Robbery carries a potential prison sentence of 2, 3 or 5 years. If a weapon or firearm is alleged to have been used in the commission of the robbery, the amount of prison time increases significantly. It is important to understand that a conviction for robbery will result in a strike under California’s Three Strikes Law.

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.

Question: How do they test for DUI when not drinking alcohol? Question Detail: How do the police confirm if you are under the influence of a drug if you aren’t drinking?

Wednesday, August 17th, 2011

Remember, there are two ways to be convicted of DUI in Los Angeles: 1.    Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being an impaired driver as the result of drinking or taking drugs); or 2.    Driving a vehicle while having .08% or [...]

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I Need A Restraining Order Against Someone In Orange County; What Do I Do??

Monday, August 15th, 2011

There are several restraining order options in California. A skilled Los Angeles Restraining Order attorney with experience in Domestic Violence Law will know how to work with the court, law enforcement officers and/or battered women’s shelters to help you take immediate steps and file the right type of restraining order. California Restraining Order Options •    [...]

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Two Teens Escaped!

Thursday, August 11th, 2011

It was reported that two teenagers took off from the Joplin Youth Center on Tuesday night and are still on the loose. This is a minimum security facility. An on going search is being conducted for the two individuals. The two escapees were serving minimal sentences for probation violations.  Apparently, the boys were outside exercising [...]

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Don’t Bring Your Notes To The Witness Stand Or The Prosecutor Can See Them!!

Thursday, August 11th, 2011

In the case of People v. Gray, the Court of Appeal of California held that the disclosing of notes between the defendant and attorney to the prosecutor did not violate the attorney-client privilege because the defendant brought the documents with him to the witness stand. Basically, the defendant in this case brought 18 pages of [...]

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Suspect Linked To Several Robberies In Los Angeles County Arrested

Wednesday, August 10th, 2011

In California, robbery is codified under Penal Code Section 211. It states in pertinent part that “robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”   Robbery is a felony, and will result in a [...]

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Riverside DUI Lawyer explains PC 23152

Tuesday, August 9th, 2011

Riverside DUI Lawyer explains that California continues to assert its zero tolerance policy when it comes to driving under the influence crimes.  In California, driving under the influence is codified under California Vehicle Section 23152.  This code section states that a person is guilty of driving under the influence if they have drugs and/or alcohol [...]

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Does permitting a victim to testify via closed-circuit television violate the defendant’s sixth amendment rights to confront the witnesses against him when there was no direct inquiry into how the victim would feel about testifying in the defendant’ presence?

Monday, August 8th, 2011

LAW: Sixth Amendment – in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him. …It guarantees a defendant’s right to confront those who bear testimony against him. See Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527, 2531 (2009). 0.      This right is not absolute such that the defendant and witness [...]

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Does Opening a Garage Door with a Remote Control With the Intent to Commit Burglary Constitute a Burglary Under California Penal Code Section 459?

Friday, August 5th, 2011

No! In the recent case of People v. Magness, the California Court of Appeal for the Third Appellate District overruled the trial court’s determination that the defendant’s use of a remote control device to open the victim’s garage door with the intent to commit a burglary constituted a burglary under California Penal Code Section 459. [...]

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Child Abuse Central Index (CACI). What is CACI?

Thursday, July 28th, 2011

Not too many people may have ever heard of the Child Abuse Central Index (CACI) until it is too late and their name has already been added to the CACI. Unfortunately, we have found that through the years this is quite often the case. Many callers call our firm after receiving a notice indicating that [...]

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