Drug Diversion Programs for DUIs in California

By: Wallin & Klarich

What Are Drug Diversion Programs?  In criminal law, a diversion is an alternative to criminal prosecution and incarceration, allowing first-time, low-level offenders a chance to participate in a rehabilitation program and subsequently have their charges dismissed. Drug diversion, specifically, offers non-violent drug offenders to get addiction treatment and education instead of jail time. California Penal …

Posted In: DUI & Drunk Driving

California’s New Bills Allow Gun Manufacturers to Be Sued

By: Wallin & Klarich

With the recent rise in gun violence, Governor Gavin Newsom has signed into law two bills allowing individuals and state and local governments to sue gun manufacturers and sellers for negligence. The following article explains the two bills, Assembly Bill 1594 and Senate Bill 1327, in detail.  Assembly Bill 1594  While existing law generally regulates …

Posted In: Fire Arms & Weapons

Southern California Courts Reinstate Bail for Non-Violent Offenders

By: Wallin & Klarich

What Was California’s Emergency Bail Schedule?  Beginning in April 2020, the Los Angeles Superior Court adopted an emergency bail order in order to limit the spread of COVID-19 in jails. In essence, the order allowed those accused of misdemeanors and lower-level crimes to continue working and living at home rather than staying in overcrowded jails. …

Posted In: Bail

Challenges to California’s Three Strikes Law

By: Wallin & Klarich

What Is California’s Three Strikes Law?  In 1994, California enacted the Three Strikes law. In essence, this law punished repeat offenders by increasing the sentencing terms for each subsequent crime after the first. The law grants that if you are convicted of a felony after you already have one prior conviction, you will be sentenced …

Posted In: Three Strike Crime

California Ends Arrests for Loitering for Prostitution

By: Wallin & Klarich

California’s Prostitution Laws  Prostitution, also known as the “world’s oldest profession,” is the act of engaging in sexual activity for compensation and is prohibited in virtually all 50 states. Call girls, escorts, streetwalkers, and brothels are all examples of prostitution. A person who solicits, consents to engage in, or engages in any act of prostitution …

Posted In: Prostitution

You Can’t Sue Police for Violating Your Miranda Rights

By: Wallin & Klarich

The Case of Vega v. Tekoh  The case of Vega v. Tekoh involved a sexual assault investigation at a medical facility in Los Angeles. The prime suspect, Terence Tekoh, worked at the facility and was interrogated by a deputy sheriff, Carlos Vega. Vega did not provide Tekoh with his Miranda rights, which are a type …

Posted In: Miranda Rights

People v. Padilla | Proposition 57 During Resentencing

By: Wallin & Klarich

What Is Proposition 57?  In November of 2016, California voters passed Proposition 57, changing the way that juveniles could be charged for crimes. Prop 57 was part of an effort to reform the state’s criminal justice system, highlighting more lenient treatment for children. For juveniles, this meant that prosecutors could no longer directly determine whether …

Posted In: Juvenile Justice Reform

Is Sleepwalking a Valid Criminal Defense?

By: Wallin & Klarich

The Science Behind Sleepwalking  Sleepwalking is a parasomnia, or sleep disorder, that affects about 20 percent of people throughout their lives. While most instances of sleepwalking disappear during childhood, some people continue to sleepwalk as adults. This can be caused by a chemical imbalance, fatigue or stress, or alcohol or drug abuse. In most cases, …

Posted In: Criminal Defense

California Advances Bill for Legal Drug Injection Sites

By: Wallin & Klarich

California’s Existing Controlled Substances Law  Currently, California law prohibits possessing or using certain controlled substances. In severe cases, violation of such a statute can be charged as a felony punishable by up to 3 years in state prison. Additionally, existing law prohibits being in any room where controlled substances are being unlawfully used or maintaining …

Posted In: Drug Offenses

Smoking Marijuana While Speeding Can Lead To A Murder Conviction If Someone Is Killed

By: Wallin & Klarich

In People v. Murphy, the California Court of Appeal considered whether there was sufficient evidence to find implied malice in a vehicular homicide case, where the defendant was smoking marijuana and then drove his car 88 mph in a residential area.  The defendant, Murphy, was smoking marijuana in his vehicle when getting an oil change. …

Posted In: Murder

About Wallin & Klarich

About Wallin

Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.