26 YEAR SECRET KEEPS INNOCENT MAN IN PRISON
26 YEAR SECRET KEEPS INNOCENT MAN IN PRISON
A recent report on the program "60 Minutes," detailing the case of Alton Logan revealed what can happen when concepts of law and morality collide. Mr. Logan was charged with first-degree murder in connection with the murder of a security guard at a McDonald's restaurant in Chicago in 1982. Police arrested him after receiving a tip, and got three eyewitnesses to identify him as the killer. Mr. Logan, as well…
Read More
MOUTH ALCOHOL SENSORS IN BREATH TESTS DETERMINED TO BE UNRELIABLE
BREATH MACHINES USED BY LAW ENFORCEMENT OFFICERS TO DETERMINE A DRIVER'S BLOOD ALCOHOL CONTENT HAVE A SLOPE DETECTOR TO DETERMINE IF MOUTH ALCOHOL IS PRESENT DURING THE SAMPLE. TITLE 17 OF THE CALIFORNIA CODE OR REGULATIONS REQUIRES OFFICERS TO PERSONALLY OBSERVE AN INDIVIDUAL FOR AT LEAST 15 MINUTES BEFORE ADMINISTERING THE BREATH TEST TO MAKE SURE THEY DO NOT REGURGITATE, VOMIT, OR BURP TO AVOID THE MOUTH ALCOHOL READING. THE…
Read More
SEAL YOUR JUVENILE RECORD
IT IS EXREMELY IMPORTANT TO SEAL YOUR JUVENILE RECORD IN THE UNFORTUNATE EVENT YOU ARE ARRESTED ON ANOTHER CHARGE AS AN ADULT. IF YOU ARE CONVICTED OF A CRIME, PROBATION OFFICERS FILE A REPORT WITH THE COURT AND MAKE CERTAIN RECOMMENDATIONS REGARDING YOUR SENTENCE. THESE REPORTS ADDRESS FACTORS IN AGGREVATION AND MITIGATION. A PRIOR JUVENILE CONVICTION IS A FACTOR IN AGGREVATION FOR INCREASED PUNISHMENT. HOWEVER, IF YOUR JUVENILE RECORD HAS…
Read More
SOCIAL SECURITY STOPPED BECAUSE OF AN ARREST WARRANT IN SAN DIEGO
Wallin & Klarich gets calls from across the country on arrest warrants. One situation that comes up is Social Security checks a person for warrants. They may find a warrant that is decades old. They will threaten to cut off Social Security because of the warrant. Naturally that's a high problem if you are outside San Diego. An attorney may be able to get the warrant recalled and the case…
Read More
UNINTENDED CONSEQUENCES
Newsweek reported recently on the case of Eliot Spitzer, the disgraced former governor of the State of New York who resigned after his alleged dalliance with a prostitute in a Washington, DC hotel became public. So who brought the governor down? It would seem Osama bin Laden. What?? How, exactly, does one link the downfall of a New York State governor because of his purported tryst with a call girl…
Read More
US SUPREME COURT HEARS SECOND AMENDMENT CASE
The United States Supreme Court heard arguments recently in a case involving a challenge to Washington, DC's ban on the possession of handguns. The law had been challenged by a resident of Washington, DC on the ground that the law runs contrary to the Second Amendment to the United States Constitution. The Second Amendment provides, in its entirety, "A well regulated militia, being necessary to the security of a free…
Read More
A Miscalculation That Will Cost You Time In Prison
Imagine doing your time in prison, thinking you are going to be released on a certain date, and then that day comes and goes and you are still in prison. This cannot happen, right? Well, believe it or not, it is happening in California! A recent study found that as many as 33,000 state inmates served longer sentences than they should have. Meanwhile, another smaller study found that of…
Read More
ON PROBATION FOR A DUI?
Under a new law scheduled to take effect on January 1, 2009, if you are detained by a peace officer on suspicion that you have been drinking and driving, you would be required to submit to breath testing if requested by the officer, and, if your blood alcohol level is a 0.01 percent or greater, your license will be subject to suspension by the DMV. Additionally, you can be charged…
Read More
To waive, or not to waive time, that is the question!
In criminal proceedings, a person charged with a crime has a right to a speedy trial. For those charged with California misdemeanors, that means you have a right to a speedy trial within 45 days, if you are not in jail, or 30 days if you are in custody. In felony matters, this means you have the right to a speedy trial within 60 days. Now in many cases, your…
Read More
THE DEATH OF VEHICULAR MANSLAUGHTER
A law signed by Gov. Schwarzenegger requires, after July 1, 2008, that all people applying for a driver's license, or renewal of a driver's license, sign a declaration with the following language: "I am hereby advised that being under the influence of alcohol or drugs, or both, impairs the ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence…
Read More