What Are Federal Crimes?
In the United States a person can be prosecuted for crimes under “federal law” or “state law”. State crimes are violations of laws passed by each state. Federal crimes are laws that are passed by our United States Congress and signed into law by the President . The Federal government makes laws that apply to all citizens, no matter which state they reside in. If you were charged with a…
Read MoreHow Are Violent Crimes Punished In California?
The punishment for violent crimes in California is severe. If you or a loved one is facing a possible criminal conviction for a violent crime, you need to speak with an attorney immediately. In California, there are also sentencing enhancements for most types of violent crimes. The most common types of enhancements are for crimes involving gang activity, firearms, and great bodily injury. Examples of sentencing enhancements for violent crimes…
Read MoreHow Can I Be Extradited To A Different State? –PC 1548.1 and 1558
You can be extradited to a different state if you committed a crime in another state and are arrested in California. If you are arrested in California on a warrant from another state, you still have legal rights to an evidentiary hearing and an attorney . You need to make sure that you continue to exercise and protect your legal rights by hiring at attorney from Wallin & Klarich. The…
Read MoreWhat Is Elder Abuse? – PC 368
Under California Penal Code section 368, it is illegal to willfully cause or permit unjustified physical pain or mental suffering to an elder adult. An elder adult is anyone who is 65 years old or older. This section also includes dependent adults, who are individuals physically incapable of caring for their own physical or mental health. California provides elder and dependent adults with these protections because they typically are dependent…
Read MoreI Got Arrested For Discharging a Firearm During New Year’s Eve. Do I Need to Hire a Los Angeles Criminal Defense Attorney at Wallin & Klarich? (PC 246.3)
Negligent discharge of a firearm is a crime that is treated very seriously by Los Angeles County law enforcement. Given the danger of falling ammunition and the sheer numbers of incidents that take place every year in Los Angeles, this crime is one you must avoid being charged with. This crime can be charged as either a misdemeanor or a felony. One consideration for prosecutors is whether you have even…
Read MoreWhat is the difference between larceny and embezzlement?
The major difference between larceny and embezzlement is the way in which the property changes hands. With larceny, the property is carried away; it was never in the possession of the perpetrator, the perpetrator never owned it nor had any legal right to possess it. With embezzlement, however, the perpetrator has lawfully possessed the property, but then has converted it into his/her own property. A good example is when a…
Read MoreWhen criminal charges have been filed by the District Attorney who has the power to dismiss the charges?
Once formal criminal charges have been filed the only person who has the power to dismiss the charges is the District Attorneys office. The judge does not have the power to dismiss the charges until and unless there is a preliminary hearing in a felony case or a trial in a misdemeanor case. Even if the judge believes the case is very weak, in a misdemeanor case, the judge must…
Read MoreI Was Arrested For Carrying A Concealed Firearm In California. What Are My Potential Defenses?
Carrying A Concealed Firearm In California Prosecution for carrying a concealed firearm in California is serious and can result in misdemeanor or felony charges depending on the situation. Common defenses include: the fact that you had a valid concealed weapons permit(CCW); that the firearm was in open view in compliance with California’s “open carry” laws; that the firearm in your vehicle was unloaded and in the trunk or a locked…
Read MoreIf My Gun Is Properly Registered Can I Carry It Concealed On My Person In California?
Carrying A Concealed Firearm In California Except in extremely limited circumstances, you may not carry a concealed firearm on your person in public in California unless you have a valid California Concealed Weapons Permit (CCW). It is not a defense that the gun was properly registered. If arrested for carrying a concealed firearm in California you would likely be charged with Penal Code 12025 (a) which carries a potential sentence…
Read MoreIf I unknowingly sold alcohol to a minor can I be charged or will my employer be charged?
Selling alcohol to a minor is what is known as a strict liability offense. That means that the prosecution doesn’t need to prove that the defendant had criminal intent in order to get a conviction. The California law that deals with this is Business and Professions Code 25658. If you are prosecuted under this section the prosecution does not need to prove that you knew the individual to whom you…
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