Gay California Minors Are Protected from Sexual Orientation Conversion Therapy – Senate Bill 1172
Gay California Minors Are Protected from Sexual Orientation Conversion Therapy – Senate Bill 1172
Being a teenager is tough. There's so much peer pressure these days. Growing up and identifying as a lesbian, gay, bisexual or transgender adolescent is particularly challenging, and sometimes discouraged or even rejected by parents, religious leaders and professionals in the mental health field. Until recently, some gay minors have been subjected (against their will) to various mental health or medical methods to "go straight." You can be "cured" of…
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Why Defend the Guilty?
The most common question criminal defense lawyers get asked is, "Why defend the guilty?" At Wallin & Klarich, we believe in standing up for the rights of every client we come to represent. Committed and Courageous Criminal Defense Lawyers Often times, the critical role of criminal defense lawyers in our criminal justice system is misunderstood. It is important to understand that criminal defense lawyers are never required to prove their…
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When Can an Elementary School Student be Expelled? – California Education Section 48900
On the car ride home from school, your child informed you that he is facing expulsion from his elementary school. Understandably, your first thought was probably not one involving legal representation. Does the school have a right to expel your child? The experienced school expulsion attorneys at Wallin & Klarich can protect your child's rights and ensure that the school board does not make an arbitrary decision regarding his or…
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Battery Convicts Not Banned from Possessing Firearms, California Court of Appeals Rules
Recently, the Second Appellate District of the California Court of Appeals ruled that people convicted of assault and battery under California Penal Code section 242 are not prohibited from possessing firearms under the federal law that prohibits those with a conviction for a "misdemeanor crime of domestic violence" (MCDV) from possessing a firearm. The ruling came from the case of Shirey v. Los Angeles County Civil Service Commission, (B238355, May…
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Medical Marijuana Patients can be Arrested when Carrying more than Medically Necessary
Medical marijuana patients and caregivers may possess only that amount of marijuana that is reasonably related to the patient's current medical needs – with or without a physician's approval, according to a decision by the California Court of Appeals. If you are facing charges of marijuana possession, it is important to contact a skilled criminal defense attorney to help you with your case. The experienced drug crime attorneys at Wallin…
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California to Release 10,000 Prisoners
Recently, a panel of three judges with jurisdiction over the California state prison population announced that the state must take immediate steps to release approximately 10,000 prison inmates. The three-judge panel ordered the state to release inmates in order to comply with the panel's 2009 order that the prison population be reduced to 137.5% of its original capacity. In 2009, the panel ruled that the health care system in California…
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L.A. District Attorney Says Prosecutors Must Turn Over Any Discovery Favorable to Defense Counsel
Recently, the Los Angeles County District Attorney's Office announced an "update" to its policy requiring prosecutors to provide defense attorneys with evidence favorable to their clients. This update clarified the fact that prosecutors are required to turn over "any exculpatory evidence, not just material exculpatory evidence." "The integrity of the criminal justice system requires that prosecutors play fair in seeking justice," said District Attorney Jackie Lacey The update to the…
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Defenses to a Kidnapping Charge in Orange County (PC 207)
You recently threatened to shoot someone outside of a convenience store if he did not drive you to a specified location. Fearful of the consequences, the person drove you to the location and contacted law enforcement personnel shortly after. Now, you are being charged with kidnapping under California Penal Code section 207. Can you be convicted of kidnapping if you did not physically restrain the individual? This type of law…
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Medical Marijuana Clinic Owners May Be Charged with Practicing Medicine Without a License (California Business & Professions Code Section 2052)
Owners of medical marijuana clinics may be charged with unlawful practice of medicine (California Business & Professions Code Section 2052) even if they did not see patients or issue recommendations. Medical Marijuana Clinic Owners Charged in California In Southern California, two individuals were charged with practicing medicine without a license pursuant to California Business & Professions Code Section 2052. The individuals own a corporation that operates medical marijuana clinics in…
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Medical Marijuana Dispensaries Continue To Seek Out New Business Models
In California, the battle continues over the legality of medical marijuana dispensaries. Front and center is the issue of the scope of local zoning authority over medical marijuana facilities. Recently, the state Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center (California Supreme Court – May. 2013), that the Compassionate Use Act (Prop 215) and the Medical Marijuana Program Act of 2004 do…
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