The client was found not guilty because she invoked her Miranda Rights and did not admit anything to the police. As a result, the prosecution was then unable to meet their burden of proof
Los Angeles, CA (PRWEB) April 10, 2013
A Wallin & Klarich juvenile client, accused of stealing clothing from a local mall, was recently found not guilty of petty theft charges pursuant to California Penal Code 484. The client was represented by Wallin & Klarich theft defense attorney, Andrei Lapine, who assisted her through the legal process and court trial to reach a not guilty verdict.
“The client was found not guilty because she invoked her Miranda Rights and did not admit anything to the police. As a result, the prosecution was then unable to meet their burden of proof,” said Mr. Lapine.
According to San Bernardino Juvenile Court, the client, a juvenile, allegedly was involved in the stealing of clothing items from Ontario Mills Mall. The client and her brother were both arrested and charged under California Penal Code 484 for petty theft. The client made no statements to the police when the officers arrived. However, it was alleged that the client initially denied, but later admitted that she was involved in the theft to the clothing store’s loss prevention officer.
If convicted, the client faced six months in juvenile detention, according to court documents. The client sought the help of Mr. Lapine, of Wallin & Klarich, to defend against the petty theft charges at the court trial.
At the court trial, the arresting officer appeared to testify against the client. The loss prevention officer, however, was no longer employed by the clothing store and was not present in court for the trial according to court record. When the police officer was called to testify he attempted to offer testimony that the loss prevention officer had told him that the client had admitted to stealing clothing from the store. Mr. Lapine used his legal knowledge and expertise to raise an objection to the officer’s testimony and the judge sustained Mr. Lapine’s objection. As a result the officer could not offer any evidence in his testimony that the client had committed the petty theft. The prosecution ultimately was unable to prove the case against the client and the court found the client not guilty of the petty theft charges. The client was able to avoid spending any time in a juvenile detention facility.
“This case is a great example of why anyone who is being investigated for a crime should not make any statements to the investigating officer,” said Mr. Lapine.
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As a premiere criminal defense and family law firm based in California, Wallin and Klarich (WKLaw.com and http://www.WKFamilyLaw.com) has been assisting clients from across the country for over thirty years. The firm believes that every person is entitled to the highest quality legal assistance when it comes to facing difficult situations and has committed all of its resources to aggressively defending its clients. The firm has established itself as one of the most successful in the nation when it comes to defending against charges of DUI, criminal matters and sex crimes, and is acknowledged for successfully handling divorce and child custody cases. By making certain that our clients’ legal rights are always protected, we take the “fear” out of the legal fight.
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