Theft Crime

An unidentified female bank robber has struck ten banks around the Los Angeles area since March 2008, with the last 8 of the bank robberies coming in the past two weeks. Described as a blonde, twenty-something female about 5 feet 6 inches tall and 155 pounds, the robber was nicknamed “Starlet Bandit” for her tendency to talk on a glittery, jeweled cell phone while the robberies take place. She reportedly goes up to bank tellers and hands them a note instructing them to place money in a bag and to not move away from the counters or else customers will be hurt. It is unknown if she was actually armed during these robberies. She could be facing armed robbery charges if it is proven that she was carrying a firearm or any deadly or dangerous weapon during the robberies. She also has an unidentified male accomplice who drives her away in a while Toyota Avalon or a black SUV.

Under California Penal Code Section 211, robbery is defined as 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. Every robbery which is perpetrated in the inhabited portion of any building is defined as robbery in the first degree. A first degree robbery conviction can lead to a multi-year state prison sentence. If it is proven that the robber used a dangerous weapon while committing a robbery, the punishment becomes much harsher.

If you or a loved one is facing a charge of robbery or a serious felony, contact our Orange County criminal defense attorneys at Wallin and 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 today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

Although shoplifting may seem like a minor crime to most people and stores have gone to great lengths to ensure shoplifting prevention (such as hiring loss prevention officers), it can still have drastic effects on the life of someone accused of such an offense. For example, even for a first offense for shoplifting, shoplifting can be charged as either a misdemeanor or a felony in California (depending on the value of the goods taken). Penalties for shoplifting include possible jail time, stiff fines and fees, anti-shoplifting classes, and other punishments. But it doesn’t end there. Other “collateral” consequences can lead to serious problems.

For example, because shoplifting is considered a “crime of moral turpitude” by the government, a shoplifting arrest or conviction may lead to deportation if the shoplifter is not a U.S. citizen. Conviction on shoplifting charges may also negatively impact a person’s ability to get a job and may also result in the person being fired from his or her current job. There are many other possible collateral consequences depending on the particular facts of a case. This is why it is extremely important to contact an experienced criminal defense attorney immediately. The criminal defense attorneys at Wallin & Klarich will look at the unique facts of each case and help every client avoid many of the negative consequences that result from a shoplifting arrest or conviction.

The experienced criminal defense attorneys at Wallin & Klarich have been handling shoplifting cases for more than 30 years and will aggressively fight the charges on your behalf. In many cases reduced charges or a complete dismissal of charges is possible. Call Wallin & Klarich today at (888) 280-6839 to speak with one of our experienced criminal defense attorneys and visit us on the web at www.wklaw.com and www.wklawtheft.com. We will be there when you call.

Trial for Santa Ana Robbery Begins and How a Criminal Defense Attorney Can Help You – California Penal Code section 211 http://ff.im/-kuXWR

It was recently reported that in Columbus, Ohio, more than $100,000 went missing after a bag of cash fell from an armored car into an intersection. Passing motorists abruptly stopped to get grab handfuls of bills. About $100,000 was picked up by police officers and $12,000 more was returned by good Samaritans after the bag hit the pavement, was run over, and split open. About 15 to 20 people scrambled to grab cash. Local police reported that there were $20 bills everywhere and money was floating all over the street. The owner of the armored car company transporting the money complained that “it’s not free money” and “it’s different than walking down the street and finding a $5 bill laying there. This is clearly marked, identifiable money that belongs to somebody else laying in the middle of a busy intersection.” Police warned drivers that people who fail to return cash could face theft crime charges, including grand theft.

Similarly, in California, individuals who take property that is not theirs will face theft charges. California Penal Code Section 487 defines grand theft as the taking of money, labor, or real or personal property whose value exceeds $400. In addition, if the taking was less than $400 then the crime is called petty theft (See Penal Code Section 488).
If this had occurred in California, any of the drivers who stopped to take the money would be facing grand theft charges if the amount of money taken was more than $400. Punishment for grand theft crimes includes imprisonment not exceeding one year in the county jail or in the state prison.

If you or a loved one is facing charges for grand theft or any other theft crime, contact our Orange County theft crime attorneys at Wallin and 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.

Petty theft under California law is the taking of property of another valued under $400. It is a misdemeanor punishable by a maximum of six months in county jail. Petty theft is a relatively minor crime and most often takes place in the context of an individual shoplifting from a retail store or supermarket. These days many businesses have Loss Prevention Officers (LPO’s) or private security companies working for them to help protect their merchandise.

Robbery in California is the taking of the property of another, from his person or immediate presence, and against his will, by force or fear. Robbery is a very serious crime in California and can be punishable by a maximum of up to nine years in state prison.

Many times the LPO or store employee who confronts the shoplifter will be threatened or assaulted. When this happens, a minor petty theft offense turns into a very serious robbery offense. This type of robbery in California is commonly known as an “Estes” robbery and prosecutors will routinely file this type of case as a robbery case instead of a petty theft case even if nobody is injured and only threats were made.

If you or a loved one is facing this type of case or any other criminal matter in California, don’t hesitate to contact the competent theft attorneys at Wallin & Klarich. Wallin & Klarich has over 30 years of experience successfully defending clients of these types of cases. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.

It was recently reported that a man attempted to carjack a woman at gunpoint in the city of Santa Ana. The woman had just gotten in her 2008 Mustang when a man allegedly opened the driver’s door and pusher her into the passenger seat. The man allegedly pointed a gun at her and ordered her not to scream. The man then allegedly pushed the woman out of her car and tried to start the car up, but failed. After several attempts, the man gave up and fled.

If this man is caught, one of the charges he could face is attempted carjacking. Under California Penal Code Section 215, carjacking is defined as the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, against his or her will and with the intent to permanently or temporarily deprive the person of the motor vehicle, accomplished by means of force or fear. Felonious taking is defined as taking away a car that is not yours.

Carjacking is a felony and punishable by imprisonment in the state prison for three, five, or nine years. The penalty increases if the defendant used a gun during the carjacking. Any person who is armed with a firearm during a carjacking or attempted carjacking shall be punished by an additional term of imprisonment in state prison for one year.

If you or a loved one is facing charges for carjacking or any other theft crime, contact our Southern California theft crime attorneys at Wallin and 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) 749-0034 or visit our website at www.wklaw.com. We will be there when you call.

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.

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.

If you or a loved one is facing charges for grand theft or any other theft crime, contact our Orange County theft crime attorneys at Wallin and 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) 749-0034 or visit our website at www.wklaw.com. We will be there when you call.

Most people assume that shoplifting is a relatively minor theft crime, but this assumption is incorrect. Shoplifting is a crime with potentially serious consequences. If the value of the stolen good is $400 or greater, then the prosecution will file grand theft charges instead of petty theft, significantly increasing the potential punishment upon conviction.

Additionally, when a person is accused of shoplifting, the district attorney will often file burglary charges in addition to the theft charge. See California Penal Code Section 459. A shoplifting charge may also negatively affect your ability to keep or get gainful employment. It may also negatively impact your immigration status.

If you or someone you know has been accused of shoplifting, it is important to hire an experienced theft crime attorney in California to represent you against the charges.

The knowledgeable attorneys at Wallin & Klarich have been handling theft and burglary cases for more than 30 years and will aggressively fight the charges on your behalf. Our attorneys will evaluate your case and work to get the best possible result in your case. Call Wallin & Klarich today at (888) 749-0034 to speak with one of our experienced criminal defense attorneys and visit us on the web at www.wklaw.com. We will be there when you call.

It was recently reported that a Palmdale resident, was arrested on theft-related charges. The individual allegedly placed donation boxes at two store locations, telling the store managers that he was trying to raise money for his two nieces’ funerals. A customer noticed the donation box at one of the store locations. The box had a photo of two girls on it. The photo was actually a picture of the customer’s two daughters (who are both still alive). The police were notified of the situation. Officers at the scene set up for the individual to come to the store to pick up the funds raised (totaling $437). Once the man arrived, he was arrested. He is being charged with theft crimes and potentially grand theft.

If you or a loved one is facing a theft charge, contact our experienced Southern California theft crime attorneys at Wallin & Klarich. Our attorneys have been helping those accused of serious theft 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 http://www.wklaw.com to find out more about how we can help.

The California Court of Appeals recently ruled in People v. Williams that a defendant charged with burglary on an aiding and abetting theory is entitled to a “claim-of-right” jury instruction.

A claim-of-right jury instruction is used when someone “takes back” property or an item he or she believed to be his or hers in the first place. For example, you believe your neighbor took your lawnmower one day. You then go over to his house and take it back. Technically, no crime happened because you believed you had a claim-of-right to the lawnmower.

In Williams¸ there was substantial evidence that the defendant, in good faith, believed the property taken from the victim belonged to his co-principal. The defendant helped his friend “get back” a laptop computer and a vehicle from the friend’s ex-girlfriend. Williams believed that the items truly belonged to his friend and that they were merely going to retrieve them. However, both the men were arrested and charged with robbery and burglary (California Penal Code Section 211 and 459, respectively). There was substantial evidence that Williams’ friend had paid for the laptop and signed for the vehicle, but the jury was still instructed to consider robbery and burglary.

The California Appeals Court found error with the trial court’s instruction to the jury. The Appeals Court ruled that the jury should have been instructed to determine if Williams was acting with a good faith belief that the items actually belonged to his friend. Both California Penal Code Sections 211 and 450 require a specific intent to permanently deprive the owner of his or her property. This specific intent is negated where a defendant has a good faith belief that the items retrieved are his own. In this case, Williams believed that the items belonged to his friend and therefore did not have the specific intent to permanently deprive the owner of his or her property.

If you or a loved one has been charged with a theft crime, you should call the experienced Los Angeles theft attorneys at Wallin & Klarich immediately. Our attorneys have the skill and expertise to provide you with the best possible defense. The language of the statutes that govern theft crimes can be complex and confusing. For this reason, it is important to hire an experienced attorney from Wallin & Klarich. Our attorneys can be reached by phone at 1-888-749-0034 or through our website www.wklaw.com.