Southern California Defense Blog

Extradition is a legal term for sending people from one state to another where they face criminal charges. If you have a criminal matter pending against you in another state and do not show up to court, that state will issue a warrant for your arrest. Once notified, the California law enforcement authorities will arrest you and transfer to that state to answer the charges. It can also work the other way — if you face an active criminal matter in san Diego, California can issue a warrant allowing law enforcement in the state where you live to arrest and extradite you back to California.

If you are arrested in California and are facing extradition to another state, you are entitled to what is called an identification hearing. This hearing protects your rights under by making sure that you are in fact the person that the other state wants. If the other state cannot prove this, California will not allow your extradition. Wallin & Klarich attorneys can help at an identification hearing by negotiating with the wanting state to resolve the charges while you are still in California, thus avoiding the expense, hassle and embarrassment of being sent to another state.

If you are facing extradition, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we handle all types of extradition cases. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-extradition. We will be there when you call.

In California, Penal Code section 368 provides that any person who willfully causes or permits the infliction of unjustifiable physical pain or mental suffering on an elder person is guilty of elder abuse. An elder is anyone who is at least 65 years old. This section also applies to people who have a legal duty to care for the elder, such as personal caretakers or nursing home employees. Because elder persons are particularly vulnerable to exploitation, the law protects them and prescribes severe punishments for those who commit such offense.

Elder abuse is a "wobbler" offense, which may be prosecuted as either a misdemeanor or felony. If an individual accused of this crime does not cause great bodily injury or death, an elder abuse conviction will be considered a misdemeanor. However, if an individual places the elder person in a position reasonably likely to result in great bodily injury or death, such conduct is punishable up to four years in state prison. When the victim is 70 years of age or older when he or she is injured, the court must sentence the person to additional five years. If the elder person dies as a result of the defendant’s conduct, the court may sentence such individual to additional seven years in state prison.

If you have been accused of elder abuse, 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/elder-abuse. We will be there when you call.

If you are being charged with murder in San Diego, it is important to know what legal consequences you may be facing. Under California law, murder is the unlawful killing of another human being with malice aforethought.　 (P.C. § 187(a))　 First degree murder exists when a person commits murder with premeditation and deliberation or under certain circumstances such as by poison or during a drive-by shooting. (P.C. § 189)

To convict a defendant of murder, the prosecution must show that the defendant committed an unjustifiable homicide with "malice aforethought."　 Malice aforethought is a mental state that exists when the defendant had a conscious intent to cause death or great bodily harm, willfully acted with disregard of danger to another human life, or when the homicide happened during the commission of an inherently dangerous felony.

Murder is an extremely serious crime and the consequences can be very severe. A conviction of　first degree murder can result in a sentence of　 25 years to life in prison or life without the possibility of parole (P.C. § 190(a)). A murder conviction is also a strike under California’s three-strike law. Due to the possibility of such a severe punishment, it is vital that you hire an experienced San Diego murder criminal defense attorney to aggressively defend you.

If you or someone you know has been accused of murder, you will need an experienced San Diego criminal defense attorney who will aggressively defend you against one of the most serious crimes in the state’s penal code.　 At Wallin & Klarich, we have helped people accused of murder for over 30 years.　 Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

At Wallin & Klarich, we get many calls from people who seek information about criminal appeals due to our expertise in the area. As criminal appellate lawyers we have handled many appeals and writs. One of the most common questions we are asked by clients or potential clients is when is an appeal appropriate.

An appeal of a criminal conviction is appropriate when a legal or procedural error occurred. Sometimes, instead of filing an appeal, there are other remedies or procedures that are better suited to an individual's particular case. For example, it may be better, from a strategy standpoint, to file a Writ of Habeas Corpus rather than an appeal. One advantage of a Writ of Habeas Corpus over an appeal is that a Writ of Habeas Corpus has a longer period of time in which it can be filed. An appeal generally has to be filed within 30 or 60 days from sentence or the judge's decision, depending on the facts of the case.

Because it can be difficult to know the best way to proceed for your case, it is often best to hire a lawyer to review your case and your file and then give you advice on what your options are and what your best option may be. After reviewing your file, a criminal appellate lawyer can give you a plan of action that should be followed to achieve the best outcome of your case.

If you have questions about your case, or a case of a loved one, please do not hesitate to call us. Put our expertise to work on your behalf. Give yourself the best chance at winning. Give us a call at 888-749-7428. Visit us at www.wklaw.com

If you were cited or arrested for possession of marijuana in San Diego it is important to know the consequences you may be facing.In January 2011, the penalty for possession of up to an ounce of marijuana was changed from a misdemeanor to an infraction, meaning a possible fine of up to $100.00 (H&S Code § 11357; V.C. § 23222.). This means that you cannot face jail time for a first offense.　 However, possession of any amount greater than 28.5 grams can still result in a misdemeanor conviction resulting in a maximum sentence of six months in jail and a five hundred dollar fine (H&S Code § 11357).For you to be convicted of possession of more than 28.5 grams of marijuana, the prosecution must prove that:

1. You unlawfully possessed a controlled substance;


2. You 　knew of its presence;


3. You 　knew of the substance’s nature and or character as a controlled substance;


4. The controlled substance was marijuana; and


5. The marijuana possessed by you weighed more than 28.5 grams.

You must keep in mind that it is important to hire an attorney who can provide you with the best possible defense. Depending on the circumstances, your attorney can fight for you by arguing that you only had momentary possession, you had no control over the illegal substance, or you did not have awareness or knowledge of the controlled substance. In addition in every criminal drug prosecution your criminal defense lawyer must review the facts of your case to determine if 　your legal rights were violated due to an unlawful search. If that is the case then a motion to suppress the evidence seized from you can be brought which could result in the charges against you being dismissed.

If you are charged with possession of marijuana, it is critical that you talk to a San Diego criminal defense attorney. At Wallin & Klarich, our attorneys will use their knowledge of the law to provide you with the best possible drug crime defense. Wallin & Klarich attorneys will aggressively defend you to ensure the judge takes into account all of the available options in your case. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 or visit www.wklaw.com for more valuable information. We will be there when you call.

The California Child Abuse Central Index ("CACI") is a tool created by the California Legislature to protect the health and safety of children. CACI is a list consisting of names of people who have been investigated or charged with child abuse. The primary purpose of CACI is to permit specified government agencies to locate prior reports detailing investigations of known or suspected child abuse or severe neglect.

Every law enforcement agency, probation department, social services, and some other government agencies must report to the Department of Justice every incident of suspected child abuse or sever neglect for which the agency conducts an investigation, and for which it determines that the allegations of child abuse or severe neglect are either substantiated or inconclusive. Such reports detail the investigation of alleged physical abuse, sexual abuse, mental or emotional abuse, severe neglect, willful child endangerment, unlawful corporal punishment, or death of a child.

It is extremely important to request a grievance hearing in order to remove an individual’s name from CACI. The individual’s personal information may remain on CACI for 10 years or longer, and it is shared by many agencies, which may affect your ability to secure employment with a state or a local government. If you seek to remove your name from CACI, you will need to contact an experienced family law attorney who will vigorously represent you at a grievance hearing. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-child-abuse-index-laws. We will be there when you call.

Recently, the San Diego court of appeal reversed a criminal conviction because the court found that the prosecution was engaged in a pervasive pattern of misconduct which rendered defendant's trial fundamentally unfair. The reversal was necessary when during a jury trial the prosecutor questioned the defense expert about whether the defense counsel and the expert had worked together on a prior "rape trial" where they "attacked" the victim, and disparaged defense expert as someone who was being paid a lot of money to come in and give his opinion to spin the facts of the case in defendant’s favor.

The prosecution also improperly attacked the manner in which defense counsel presented his case by suggesting that his thorough cross-examining of a prosecution witness was improper and that counsel had "coached" defendant. The court also stated that the prosecution committed misconduct by urging the jury to exercise its right to find the defendant guilty because the community required justice.

Our firm has over 30 years of experience in criminal appeals matters and has been recognized as an AV rated law firm. The vast resources of Wallin and Klarich allow us to offer outstanding representation to clients appealing their criminal conviction. Please call us at (888) 764-2615 or visit our website at www.wklaw.com/areas-appeals. We will be there when you call.

Assault with a deadly weapon under California Penal Code section 245 is a very serious criminal charge. This charge can be filed as a felony or a misdemeanor, and the person may be sentenced up to four years in state prison. However, if a person commits an assault with a semiautomatic firearm, he or she may be punished by imprisonment up to nine years. Moreover, when a person commits an assault with a machinegun, the maximum prison term may be extended to twelve years.

Assault with a deadly weapon may be qualified as a "strike" under the three strike law. Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence will be doubled unless the court "strikes a prior strike."

If you have been accused of assault with a deadly weapon, 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-assault. We will be there when you call.

Doris Payne, an 80-year-old woman from Long Beach who is featured in an upcoming documentary by West Hollywood, was found guilty of commercial burglary and grand theft for stealing a ring from Fashion Valley mall in San Diego. Her sentencing is scheduled to take place on February 9, 2011, and she is facing up to five years and eight months in state prison. Doris Payne is a notorious shoplifter who has been arrested in five different states and served various prison terms over the past fifty years.

According to the prosecution, the surveillance footage recorded in the store showed how she walked up to the jewelry counter at Macy’s because she was looking to buy a gift for her daughter. When Payne distracted the salesperson, she was able to steal an $8,900 diamond ring which she later sold for $1,800.

In California, burglary is defined as entering a dwelling of another with the intent to commit theft or a felony therein. In order to be convicted of this crime, the prosecution must prove that the defendant possessed requisite intent to commit theft or a felony. In Doris Payne’s case, such intent was evidenced from her conduct of taking away without paying a diamond ring which she later sold significantly below its fair market value.

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

Criminal restitution is the right of a victim to be reimbursed for the financial losses that were directly caused by a crime. It amounts to a monetary debt the criminal offender owes to the victim.Restitution is typically awarded to cover the cost of destroyed, lost, damaged, or stolen property. However, it can also be awarded to pay for the cost of medical treatment or counseling for the victim.

For many offenders, the cost of repaying the victim can be cumbersome. Therefore, California law under Penal Code Section 6221 provides for a "restitution center" as a means to help prison inmates pay their restitution obligations (which now includes fines and fees) in accordance to a court order.

These centers were facilities located in areas throughout California that would maximize employment opportunities for inmates who were sentenced to the centers. Due to high costs and state budgetary hardships, however, most facilities have been closed down indefinitely. The City of Los Angeles currently has the only restitution center in California.

In 2010, the California legislature enacted amendments to the law that have changed the criteria for placement in a restitution center. To now be eligible for the assistance of a restitution center:

The defendant must not have a criminal history of a conviction for the sale of drugs within the last five years,
The defendant must not have a conviction that requires registration as a sex offender,
The defendant must not have a conviction for a serious or violent felony, AND
The defendant must not have received a sentence of more than 60 months for the current offense.
If you have any questions concerning restitution obligations stemming from an underlying criminal offense, you should contact a knowledgeable criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can answer any legal question you may have. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

In today’s economy it’s hard enough to get a job without having to deal with a criminal
record for past indiscretions. Since employers and schools are performing more
background checks on applicants, it is vital to try to clear your record. Your past mistakes can greatly hinder your education and employment opportunities, but there are various
ways to work with an attorney to clear your criminal record.

The different ways that an experienced criminal defense law firm can help you clean up
your criminal record include the following:

Penal Code Section 17b
If you were convicted of certain felonies, called “wobblers” you may be able to file a
motion to have your felony reduced to a misdemeanor

Penal Code Section 1203.4
If you were convicted of certain crimes and did not go to state prison, at the conclusion of
your probationary period you may be eligible to file a motion to have your conviction set
aside, a not guilty plea entered and your case dismissed.

Penal Code Section 4852, etc.
In some cases, if you were convicted of a felony you may be able to successfully petition
the court for a certificate of rehabilitation.

Penal Code Section 851.8
If you were arrested for a crime but the criminal charges were dismissed prior to any
conviction being obtained, you may be eligible to successfully petition the court to have
your arrest record sealed and destroyed. There are specific requirements that must be met in order for this motion to be successful.

Feel free to contact Wallin and Klarich now to find out what legal means may be
available to you to help you clean up your prior criminal record. Contact Wallin
& Klarich to find what legal means are available to clean up your prior criminal
history. Wallin & Klarich has over 30 years of criminal defense experience and will
aggressively represent you. Call 1-888-280-6839 to speak to one of Wallin & Klarich’s
experienced Southern California criminal defense attorneys today. Also our website at
www.wklaw.com

Jared Loughner, the person allegedly responsible for shooting Arizona Congresswoman Gabrielle Giffords and others, is charged with multiple crimes and may be facing the death penalty. He has not yet entered a plea, but reports indicate that he may have suffered from paranoid schizophrenia at the time of the alleged crime.

Can he walk by pleading insanity?

Insanity is a legal defense where a defendant’s severe mental illness means that the defense is less or not culpable for committing the crime. Since Loughner has been charged with federal crimes, under the relevant law, insanity exists when the defendant suffers from a mental illness so severe that the defendant could not appreciate the nature and quality of his actions, OR that he did not know what he did was wrong. (18 U.S.C. section 17(a).) This is a high standard, and the burden is on the defense to prove insanity. (Section 17(b).)

Loughner is accused of one count of attempting to assassinate Rep. Giffords, two counts of attempting to murder a federal employee, and two counts of murdering a federal employee, including a federal judge. It seems that significant eyewitness and videotape evidence exists against him. Federal prosecutors will likely seek the death penalty, so it is possible he may plead insanity as a trial tactic to avoid execution.

He may also face state charges for murder.

Under California Penal Code section 25(b), the basic definition of insanity is the same as federal law. However, California law also states that a person cannot be found insane solely on the basis of a seizure disorder, personality disorder, or addiction to drugs or alcohol. (CPC 25.5.)

If you are accused of a crime but were suffering from a severe mental condition at the time of the alleged act, call an experienced Southern California criminal defense lawyer immediately. An experienced attorney will review the facts and the law and will help you determine the feasibility of pleading not guilty by reason of insanity. An insanity defense requires significant preparation and expert witness testimony, so you will need knowledgeable legal representation to guide you through this process.

If you have been accused of murder, you will need an aggressive Southern California criminal defense lawyer to help defend you against one of the most serious offenses in our legal system. At Wallin & Klarich, we have helped people accused of murder 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.

Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days. (CVC 14100.)
What if you request the administrative hearing and lose, but the prosecutor never files criminal charges? Will points still be assessed points on your DMV record?
Under California Vehicle Code 12810(b), a person will be assessed two points for a DUI conviction. However, losing a DMV administrative hearing is not a conviction, so you will not be assessed points until you are convicted or plead guilty or nolo contendere.
Under the California Negligent Operator Treatment System, points are assessed for at-fault accidents or certain Vehicle Code and Penal Code violations, such as hit-and-runs and DUIs. Receiving DMV points subjects you to progressively harsher consequences, including notices, probation, license suspension, and license revocation. For example, if you are assessed four points in a 12 month period, your license may be suspended.
If you have been arrested for suspicion of drunk driving, contact a Southern California DUI attorney immediately. You cannot count on the prosecutor to decline to file charges, so consult with a DUI attorney so you can plan your defense if charges are eventually filed. Also, the deadline to request a DMV hearing is strict, and by failing to call an attorney to request a DMV hearing within ten days, you may lose the opportunity to drive while your criminal case is pending. At the actual DMV hearing, having an attorney represent you will significantly increase your chances of success. Since the DMV hearing is not a criminal matter, an attorney will not be provided to you if you cannot afford one.
If you or someone you know has been accused of DUI, you will need an experienced Southern California DUI attorney who will scrutinize the facts and law and aggressively defend you at the DMV hearing and the criminal case. At Wallin & Klarich, we have helped people accused of DUI for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.
Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days. (CVC 14100.)
What if you request the administrative hearing and lose, but the prosecutor never files criminal charges? Will points still be assessed points on your DMV record?
Under California Vehicle Code 12810(b), a person will be assessed two points for a DUI conviction. However, losing a DMV administrative hearing is not a conviction, so you will not be assessed points until you are convicted or plead guilty or nolo contendere.
Under the California Negligent Operator Treatment System, points are assessed for at-fault accidents or certain Vehicle Code and Penal Code violations, such as hit-and-runs and DUIs. Receiving DMV points subjects you to progressively harsher consequences, including notices, probation, license suspension, and license revocation. For example, if you are assessed four points in a 12 month period, your license may be suspended.
If you have been arrested for suspicion of drunk driving, contact a Southern California DUI attorney immediately. You cannot count on the prosecutor to decline to file charges, so consult with a DUI attorney so you can plan your defense if charges are eventually filed. Also, the deadline to request a DMV hearing is strict, and by failing to call an attorney to request a DMV hearing within ten days, you may lose the opportunity to drive while your criminal case is pending. At the actual DMV hearing, having an attorney represent you will significantly increase your chances of success. Since the DMV hearing is not a criminal matter, an attorney will not be provided to you if you cannot afford one.
If you or someone you know has been accused of DUI, you will need an experienced Southern California DUI attorney who will scrutinize the facts and law and aggressively defend you at the DMV hearing and the criminal case. At Wallin & Klarich, we have helped people accused of DUI for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

How an Experienced Southern California Criminal Defense Attorney can Make Sure You or a Loved One is Competently Represented if Accused of Assault with a Deadly Weapon or Attempted Murder

A 25-year-old woman was arrested on suspicion of attempted murder after police say she stabbed her boyfriend multiple times during an argument Thursday morning at an apartment complex.

Police got a call shortly after 9 a.m. regarding a woman and a man fighting with a knife at the Rose Pointe apartments in the 1400 block of South Highland Avenue, Sgt. Andrew Goodrich said. Officers found a 34-year-old man in the pool area suffering from numerous stab wounds to his back and torso, Goodrich said. The man, whose name has not been released, was taken to UCI Medical Center in Orange in "very critical" condition, he said.

In situation like this, prosecutors could have decided one of three ways on how to charge this individual. They could have charged her with Penal 245(a) (1), assault with a deadly weapon, to wit, a knife. That carries with it 2, 3, or 4 years in state prison. They then could have added a Great Bodily Injury allegation for the wounds the boyfriend received. That could add 3 years on top of top of the 2, 3, or 4 years for the PC 245.

A second more serious charge the prosecutors could choose, and in fact did choose in this situation is to charge the woman with attempted murder. This charge carries with it a mandatory of 7 years to life in state prison. This means the minimum of 7 years must be served before parole is even considered. Even then, because of life after the 7 years, parole could be denied indefinitely. The prosecutors can also go a step further here. If they allege the attempted murder was premeditated, the sentence then becomes 15 years to life in prison.

If you or a loved one have been charged with assault with a deadly weapon, or attempted murder, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

Many times, we come into contact with people who are under the impression that upon a break-up with their long-time companion, they have rights similar to what a husband or wife would have at the time of their divorce. For example, people sometimes feel that even though they were never married to their long-time companion, California’s community property laws and/or family laws apply to them. However, this is simply not true, at least in California. Just living together, even as "alleged" husband and wife, does not equate to a "legal marriage." Simply put, there is no such thing as a common law marriage in California.

Unless a couple has entered into a valid marriage or registered domestic partnership, at the time of their separation, neither individual is entitled to support and property rights, or remedies as provided for by the California Family Code. Although in this situation, either party and/or co-habitat may have remedies through a general civil action.

We hope that this clears the myth about "common law marriages" in California. If you or a loved one needs assistance any other family law issue please call Wallin and Klarich at any time! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! Call Wallin and Klarich today 1-888-749-7428 as we have a team of highly skilled family law attorneys ready to take your call 7 days week, 24 hours a day! Visti us at www.wkfamilylaw.com

The California legislature passed a law in 2010 that provides immunity from prosecution to underaged drinkers who report an alcohol-related emergency. The bill was proposed in light of the tragic deaths among minors that resulted due to alcohol poisoning that went untreated because of an unwillingness to seek medical attention.

This immunity from criminal prosecution for illegally possessing or consuming alcoholic beverages is intended to provide protection to underaged drinkers (under the age of 21) so that they would be more inclined to report incidents of alcohol poisoning. However, this immunity would only be granted to the original callers who remained at the scene until the authorities arrived.

California now joins Colorado, New Jersey, and Texas in adopting a "911 Immunity" law that will allow underaged drinkers to call for help without fear of legal repercussions.

If you are in need of legal representation due to an alcohol-related incident, you need the counsel of an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have been practicing for over 30 years and will diligently work on your behalf to best ensure that your rights are aggressively represented. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Due to recent changes in California family law that have gone into effect at the start of this year, all hearings in a divorce action will now require oral testimony unless the parties waive that right or if the family court judge finds good cause to exclude oral testimony (Family Code Section 217(a) & (b)).

For most divorce hearings prior to this new law, testimony was normally submitted to the court in writing by declaration. Now, it appears that anyone who previously signed declarations will be required to testify in court, which can include the divorcing parties as well as all experts and third-party witnesses. Depending on the case, this could result in a long roster of testifying witnesses.

Although this change will allow people to feel as if their voices are being heard by the court – and will also enable the court to gauge the credibility of the live testimony through direct observations – it can further hinder an already bogged down system.

Since preparing oral testimony can take time, requiring oral testimony may actually cause more delay. This delay can then result in more legal costs to the litigants. This may also create more financial burden for the system, especially in a time where government is downsizing and finding ways to cut back. To avoid backing up the system with live testimony hearings, the government will need to increase the number of courts, judges, and staff to administer the hearings.

Since it may now take longer to get a court hearing, you will need the legal assistance of an experienced family law attorney who can navigate the system to best ensure that you resolve your matter in a timely fashion. Our attorneys at Wallin & Klarich have been in practice for over 30 years and can help you get your case done without costly delays. Call us today at 888-749-7428 or visit us online at www.wkfamilylaw.com. We will be there for you when you call.

Driving under the influence: It is unlawful to drive a motor vehicle while under the influence of marijuana (or alcohol or any other drug, whether it is prescribed, recommended or illegal) by Vehicle Code 23152. "Under the influence" is defined as a result of taking a drug, the person’ s mental or physical abilities are so impaired that the person is no longer able to drive a motor vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

Therefore the mere fact of having taken a hit of marijuana does not necessarily mean one’s level of impairment is to the level of a DUI. For evidence of impairment, officers may request the driver of the vehicle perform field sobriety tests, including a Preliminary alcohol screening test. While this test will only detect the levels of alcohol in your system, arrestees may also be required to submit to their choice of a urine or blood test under Vehicle Code 23612.

Since marijuana is detectable for much longer periods in urine than in blood up to several hours, a positive urine test constitutes much weaker proof of recent use and impairment than a positive blood test.

If you or a loved one is facing a DUI for being under the influence of marijuana, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with DUI’s. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

On January 3, 2011, the California Supreme Court ruled in People v. Diaz that a warrantless search of an arrestee’s cell phone contents did not violate the Fourth Amendment.

Appellant Gregory Diaz was arrested after participating in an alleged drug sale with a police informant. A detective searched Diaz’ person pursuant to Diaz’ arrest and found a cell phone. About 90 minutes after Diaz’ arrest, a deputy sheriff warrantlessly searched Diaz’ text message folder, which contained a text indicating that Diaz was selling the drug Ecstasy.

The Fourth Amendment protects people against searches and seizures. Thus, the main issue was whether it was “reasonable” to search an arrestee’s cell phone without a warrant.

The California Supreme Court ruled that the warrantless cell phone search was reasonable. The California Supreme Court reviewed previous cases where warrantless searches of an arrestee’s clothing and a crumpled cigarette package in an arrestee’s pocket were ruled not to violate the Fourth Amendment. The California Supreme Court found that since Diaz’ cell phone was “immediately associated” with his person, it may be searched without a warrant incident to a lawful arrest.

Diaz argued that, unlike a cigarette package or clothing, the sheer amount of personal information contained in a cell phone meant that an arrestee has a much greater expectation of privacy there, and that a warrant should be necessary to search the cell phone’s contents, especially if no danger exists that the cell phone’s data will be destroyed. However, the California Supreme Court reasoned that the character of the item to be searched was irrelevant: as long as the item is “immediately associated” with the arrestee’s person, it can be searched without a warrant.

The dissent argued that previous cases were decided before the advent of smart phones, and the United States Supreme Court could not anticipate the volume of personal information contained on a smart phone. Thus, the Court should not analogize the expectation of privacy in a crumpled cigarette package or clothing to a smart phone.

In addition, the dissent stated that courts have justified warrantless searches incident to arrest based on the arresting officer’s safety and preservation of evidence. The dissent observed that “there is apparently no ‘app’ that will turn an iPhone into an effective weapon for use against an arresting officer (and if there were, officers would presumably seek to disarm the phone rather than search its data files).” (2010 DJDAR 109, 117.) Plus, since Diaz was in custody, law enforcement had the phone in its possession, and the search occurred 90 minutes after the arrest, the potential for destruction of evidence was remote.

Clearly, the California Supreme Court’s ruling endorsed a profound invasion in an arrested person’s privacy. This decision reflects the United States Supreme Court’s approval for the growing erosion of defendants’ privacy rights, and defendants’ rights in general.

If you have been arrested, your person will most likely be searched. If you are arrested after just leaving your vehicle, your vehicle will likely be searched as well. Once you have been arrested, you cannot physically stop an officer from searching your vehicle, but your Southern California criminal defense attorney may be able to challenge the legal basis for your arrest or search. If the officer illegally searched or arrested you, any incriminating evidence found pursuant to the illegal search or arrest may potentially be excluded.

If a law enforcement officer ever asks for your consent to search you or your property such as your phone or your vehicle, calmly but clearly state that you do NOT consent. Officers are trained to ask for your consent to search you or your property, even if they believe they have a legal basis to search without asking for your consent. Your consent may override any illegal behavior by law enforcement, and evidence that would have been excluded may be used against you. Thus, it is in your best interest to clearly express your refusal to consent to any requested search.

If you have been arrested and accused of a crime, you will need an experienced Southern California criminal defense attorney who will vigorously represent you at all phases of trial. At Wallin & Klarich, we have helped people accused of a variety of crimes, from drug crimes to murder. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

Prison: Alternative Custody for "Female inmates, Pregnant inmates, or Inmates Who … [Are] Primary Caregivers of Dependent Children" (Stats. 2010, Ch.644 [S.B. 1266])

A new law that went into effect January on 1, 2011, which authorizes the Secretary of the Department of Corrections and Rehabilitation (DCR) to offer a program for female inmates, pregnant inmates, or male/female inmates who are caregivers of dependent children a chance to participate in voluntary alternative custody programs, instead of serving time in state prison.

Alternative sentencing will allow pregnant inmates or primary guardians to continue to take care of children while serving their sentence. Options for alternative sentencing will include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers the appropriate services.

The DCR will have the authority to enter into contracts with county agencies such as not-for-profit organizations, for-profit organizations, and other programs to promote alternative custody options. The Secretary of the DCR will have the authority to set the rules and regulations pertaining to the sentencing programs such as participation requirements and compliance verification procedures.

If you are or a loved one is serving a time in prison and believe that you are eligible for an alternative sentencing program, it is imperative that you seek the legal assistance of an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience handling sentencing modifications. We will work hard to ensure that your rights are preserved while helping you present the best possible defense in your case. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call

To provide a 21st Century update to an 1872 law that criminalized impersonating another, Penal Code 528.5 was enacted after the legislature and the governor passed the bill in September 2010. The law will go into effect starting January 2011.

The new law was enacted to punish the act of intentionally impersonating someone else online for the purpose of fraud, intimidation, or to exact some sort of harm upon another. A person would be in violation of this new statute by using the name or personal information of another to open an email account or to create a profile on a social network like Facebook. Among the primary goals of the new law is to deter people from falsely creating accounts to post or send inflammatory photos or comments that would cause harm or embarrassment to the individual impersonated.

Impersonating another individual online is punishable as a misdemeanor offense that may bring with it a sentence of up to 1 year in county jail and a maximum fine of $1,000. The new law also permits victims to pursue civil claims against the impersonator for monetary relief.

To find more helpful information on the subject of online impersonations, click "Internet Crimes" under "Practice Areas" at www.wklaw.com.

If you find yourself being charged of this new crime, it is essential that you seek the legal assistance of an experienced criminal defense attorney who is current on the latest changes in the law. Our attorneys at Wallin & Klarich have been keeping up with changes in the law for over 30 years and can help you raise the best possible defense in your case. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.