Posts Tagged ‘Criminal Defense’

Burglary Suspect Falls Through Ceiling and is Apprehended by Police – California Penal Code Section 459

Friday, September 17th, 2010

As reported by KTLA.com, a burglary suspect in Pico Rivera was apprehended by L.A. County Sheriff’s deputies when he fell through the ceiling of a jewelry store and landed at their feet.

Sheriff’s deputies arrived at a boot repair shop on Whittier Boulevard in response to a burglar alarm that was triggered at approximately 6 a.m. on Saturday.

Upon arrival, the deputies noticed that a hole had been cut into the wall leading into a jewelry repair shop next door. With the aid of police dogs, the deputies also heard noises coming from the ceiling.

After demanding that the suspect come out, the deputies resorted to using pepper spray to force 23-year-old Jose Parada from the attic space in the ceiling. To avoid the spray, Parada attempted to crawl across the attic space and fell through the ceiling and landed at the feet of the deputies.

Under California Penal Code Section 459, a burglary occurs when a person enters a structure with the intent to commit a felony or theft once he/she is inside.

In California PC 459 offense is categorized as either first degree or second degree burglary. First degree burglary is commonly referred to as “residential burglary” and is the more serious offense, which brings with it penalties including imprisonment for up to six years in state prison and a maximum fine of $10,000. A conviction for second degree burglary, or “commercial burglary,” may bring with it punishments that range from up to one year in county jail to three years in state prison. The primary difference between first degree and second degree burglary is the question of whether the invaded structure was inhabited at the time of the burglary. A structure is considered inhabited if it is being occupied as a living space or sleeping quarters.

If you are facing burglary charges, the legal repercussions can be costly, so it is very important that you contact an experienced criminal defense attorney. At Wallin & Klarich, our Southern California robbery attorneys have over 30 years of experience in handling burglary cases. We will fight to ensure the best possible results for you in your case. Call us today at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.

The Court has to Determine that the Circumstances Have Sufficiently Changed in Order to Grant a Request to Terminate Domestic Violence Restraining Order

Wednesday, August 18th, 2010

In Loeffler v. Medina, the court denied an application to terminate a domestic violence restraining order because it found that the circumstances had not sufficiently changed. In this case, the parties were in a relationship from 1995 to 2001.  In April 2001, the trial court issued a restraining order against Medina because of his behavior [...]

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Juvenile Convicted of Murdering 24 year old Woman in Robbery Attempt – California Welfare and Institutions Code Sections 602 and 707

Monday, June 21st, 2010

CNN recently reported that a 13-year-old boy, Demarco Harris, has been convicted of murdering a woman during a robbery and will remain in juvenile detention until he turns 21 according to the juvenile laws of Michigan. After Harris’ 21st birthday, the court will either release Harris from custody or sentence him as an adult to [...]

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SAN FRANCISCO CRIME LAB’S MISHANDLING OF EVIDENCE MAY LEAD TO NEW TRIAL FOR FEDERAL DEFENDANT

Friday, June 18th, 2010

On June 15, 2010, defense attorneys for Dennis Cyrus, Jr., argued before a federal judge that forensic evidence handled by the San Francisco Police Department’s crime lab and leading to Cyrus’ conviction may have been tainted. His attorneys requested that the prosecution disclose a report of the crime lab’s errors. Cyrus was convicted of murdering [...]

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Prominent Homebuilder Takes Plea Bargain for Mortgage and Mail Fraud – 18 U.S.C. § 1341

Thursday, June 3rd, 2010

It was recently reported in the Daily Journal that a Northern California homebuilder, Anthony Symmes, 59, has agreed to plead guilty to charges that he artificially inflated the prices of 62 new homes as part of a mortgage fraud scheme. Symmes acknowledged he sold homes to an unlicensed mortgage broker when housing prices began to [...]

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Bank Robbery Suspect “Starlet Bandit” Robs 7 Banks in Los Angeles

Tuesday, May 25th, 2010

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 [...]

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Should I Hire an Attorney or Represent Myself?

Saturday, February 27th, 2010

We have many choices in life but when it comes to criminal defense, divorce, family law, custody of the children, and child support, the choice you make about representation can be the difference in winning and losing your case. Hiring an experienced attorney can provide you the valuable advice needed from a professional that can [...]

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Polanski To Be Extradited

Friday, November 6th, 2009

Back in 1977, Polanski was accused of giving a 13-year-old girl champagne and Quaaludes during a modeling shoot in order for him to drug and subsequently rape her. Polanski was facing life in prison so he took a plea to a lesser offense. Polanski plead to unlawful sexual intercourse and the judge dropped the remaining [...]

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