Criminal Defense

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The issue of an officer’s request for consent to search is very common in criminal cases and police encounters. You have no obligation to consent to a warrantless search. However, if you do give voluntary consent, you essentially waive an argument that the police did not have probable cause to search. Officers often suggest (or trick suspects into believing) that they will get a warrant if you do not consent to a search. However, if the officers are sure they have probable cause for a warrant, they probably would　get one before they tipped off the occupants to their intentions. Officers generally do not lie about having a warrant, but can and will lie about their ability and/pr intention to obtain one.

Not every person present in a home, room, or business is able to give lawful consent to a search. Authority or apparent authority to consent is required for valid consent. An experienced criminal defense attorney understands the complexities surrounding actual and apparent authority in the context of consent to a warrantless search.

Whenever dealing with law enforcement entry into the home, it is necessary to consult an experienced Southern California criminal defense attorney who can advise you of your constitutional rights. Fourth Amendment search and seizure violations are very common and highly relevant to the outcome your case. Identifying any and all constitutional violations may mean the difference between jail and freedom.

If you or someone you love is facing criminal charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

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Possession of drugs or drug paraphernalia can be a felony, misdemeanor, or an infraction depending on the amount and type of drugs you may possess. Possessing large amounts of drugs, or cultivating or selling drugs, is more likely to be a felony with serious penalties attached. Minor drug possession charges, including charges for possession of steroids or some prescription drugs, are punishable by jail time and fines, as well as suspension of your driver’s license. Starting this year, a simple possession of not more than one ounce, or 28.5 grams, of marijuana is punishable by a fine up to $100.

In California, nonviolent drug offenders may have alternatives to jail time and being left with a criminal record. Drug diversion programs, such as Prop 36 or PC 1000, allow those individuals accused of less serious drug offenses to be considered for what is called alternative disposition in their cases. If the court approves an alterative disposition for drug programs, such individuals receive medical treatment instead of jail time. They must appear in person or through their lawyers at regular time intervals before the court to show their progress in the drug program. Once the program is successfully completed, the court dismisses the charges as if the person has never been convicted of a drug offense.

If you have been accused of drug related crimes, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-drugs. We will be there when you call.

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In California, Penal Code section 215 defines “carjacking” as the taking by force or fear of a motor vehicle, with the intent to permanently or temporarily deprive the victim of the vehicle. Carjacking is often a robbery in which a vehicle is taken. However, unlike a robbery conviction, which requires the intent to permanently deprive a person of property, a carjacking conviction may be based upon the person’s intent to temporary use a vehicle of another. As a result, a person can commit a carjacking by forcibly taking a vehicle with the specific intent to joyride.

Carjacking laws have serious penalties. Carjacking is a felony punishable by imprisonment in a state prison for up to nine years. The penalty can be increased if a weapon was involved during the commission of this offense. A conviction for carjacking is also considered a strike under the California Three Strikes law because the crime can only be committed by using force or fear.

If you have been accused of a carjacking, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw,com. We will be there when you call.

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Brittany Deanne Schuetz, 21, was sentenced to 15 years to life in prison for the DUI murder of April Junhee Whang, a 26-year-old Fullerton woman in 2009. Schuetz had previously been convicted of drunk driving in 2007 and had completed subsequent alcohol education programs.

On New Year’s Eve 2009, Schuetz sped through a red light and struck Whang’s car, killing her instantly. When police arrived, they reported the smell of alcohol on Scheutz’s breath. They also noticed bloodshot and watery eyes. Her blood alcohol content was measured as 0.24, three times the legal limit. Earlier that evening, Schuetz had consumed alcohol at a party and was driven to her car. Schuetz then got into her car and drove home, ignoring her friends’ please to not drive. Because of this, Schuetz was convicted of second-degree murder in February under the legal theory that she knew driving under the influence was dangerous to life because of her prior drunk driving conviction but did it anyway.

Under the California Vehicle Code 23152, it is illegal to drive a vehicle while under the influence of any alcoholic beverage or drug, or any combination thereof. It is also illegal under this section to drive a vehicle with a blood alcohol content of 0.08% or more. In most DUI cases, the judge and prosecuting attorney are much more likely to increase punishment when there is an accident involved. The punishment is also likely to be more severe when there is significant damage done or when a work-related vehicle is involved.

If you or a loved one have been arrested for DUI, you should speak with a DUI attorney as soon as possible. An experienced DUI defense lawyer can provide you with the best advice on how to proceed with your case and present the best defense. At Wallin & Klarich, we have represented people accused of DUI for over 30 years. Call us at 888-280-6839 or visit us at www.wklaw.com. We will be there when you call.

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Orange County, California is home to Disneyland, the NHL’s Ducks franchise, the Angels, and other attractions. Crime in Anaheim varies from minor offenses to murder, and everything in between. One of the most common crimes people are charged with in Anaheim is DWI. DWI patrols after Angels and Ducks games are common. Police also regularly patrol the streets looking for those driving while under the influence. If you are stopped and arrested for DWI, it is important to hire an Orange County DUI attorney with knowledge of California DUI laws.

The attorneys at Wallin & Klarich are intimately familiar with fighting DUI charges in Anaheim, and aggressively represent their clients in court and at the DMV. When charged with DUI, many people are left feeling confused and overwhelmed regarding their rights and the serious consequences they may face. At Wallin & Klarich, our skilled DUI defense attorneys have been defending the rights of those accused of driving under the influence for over 30 years. We work tirelessly to achieve the best possible outcome on behalf of our clients so that our clients stay out of jail and retain their driving privileges.

Our DUI Anaheim Orange County defense attorneys at Wallin & Klarich are prepared to handle every aspect of your case. Because the defense of your case depends entirely on your unique facts, it is critical that someone charged with DUI in Orange County immediately contact an experienced DUI defense attorney. Our DUI defense attorneys will examine the circumstances of your DUI arrest in order to provide you with the best possible defense. Call Wallin & Klarich 24 hours a day, 7 days a week for a free case evaluation at 1-888-764-2615 or visit www.wklaw.com and www.wklawdui.com. We will be there when you call.

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It was recently reported that the California legislature amended existing DUI (driving under the influence) laws in accordance with the procedures for obtaining a restricted driver’s license. The new amended provisions will go into effect on July 1, 2010.

New provisions will require the DMV to advise a person who has been convicted of an alcohol-related DUI offense for the first or second time to apply for a restricted driver’s license after completing 90 days of a license suspension period.

If individuals have received their third alcohol-related DUI conviction within 10 years, they might be eligible to apply for a restricted driver’s license after completing 6 months of a driver’s license revocation period. This application for a restricted license will be subject to certain conditions, including a requirement that individuals must show proof of enrolment in an 18-month or 30-month DUI program, as prescribed by the law.

If you or a loved one was arrested for DUI, it is essential to contact an experienced San Bernardino DUI attorney who can provide clarity and quality representation in your DUI matter. Wallin & Klarich has over 30 years of experience successfully representing clients in DUI cases. Call us at (888) 764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced DUI attorneys today. Please visit us at www.wklaw.com. We will be there when you call.

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The city of San Diego is the ninth largest city in the United States and is nestled along the Pacific Ocean in Southern California. The area of San Diego has been inhabited for more than 10,000 years by the Kumeyaay Indians, and is a major cultural hub on the West Coast.

Although San Diego is regarded as a particularly safe community, driving under the influence (DUI) stops and arrests are common. Someone accused of DUI in San Diego will need the help of an experienced San Diego DUI defense attorney. When charged with DUI in San Diego, many people are left feeling confused and overwhelmed regarding their rights and the serious consequences they may face. At Wallin & Klarich, our skilled San Diego DUI defense attorneys have been defending the rights of those accused of driving under the influence for over 30 years. We work tirelessly to achieve the best possible outcome on behalf of our clients so that our clients stay out of jail and retain their driving privileges.

At Wallin & Klarich, our criminal defense attorneys have years of experience defending those accused of driving under the influence in San Diego and are prepared to study every aspect of your case. Our DUI defense San Diego attorneys will zealously represent you in court and at your DMV hearing to help save your license. Our DUI attorneys will examine the circumstances of your DUI arrest in order to provide you with the best possible defense. Call Wallin & Klarich 24 hours a day, 7 days a week for a case evaluation at 1-888-764-2615 or visit us at www.wklaw.com. We will be there when you call.

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In recent years, Super Bowl Sunday has become notorious for being the number one day for drunk driving-related incidents in California. In 2009, 11 people were killed and 163 people were injured in drunk driving accidents on Super Bowl Sunday. These figures are three and two times the normal daily average for the state. For the 2010 Super Bowl, county-wide police forces throughout California decided to increase its DUI patrols and checkpoints to prevent these accidents. Large concentrations of police in patrol areas and checkpoints are known as “saturation patrols,” and they are made to deter any potential criminal activity in areas where crime might occur. Nevertheless, in Orange County alone, more than 40 arrests for DUI were made during Super Bowl Sunday for 2010.

In California, a DUI conviction can result in a jail sentence, thousands of dollars in fines, and a license suspension. Multiple convictions will significantly increase these punishments.

If you or a loved one has been arrested for a DUI, contact our experienced San Diego DUI attorneys at Wallin and Klarich as soon as possible. Our knowledgeable and skilled San Diego DUI attorneys can help you through the complex court system surrounding DUI charges. Our attorneys will ensure that your rights are protected and that you understand the options available to you. Contact us today to begin working on your DUI defense. Call 1-888-764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys. Please visit us at www.wklaw.com. We will be there when you call.

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