Criminal Defense
Why You Need a Riverside Drug Defense Attorney
In late September, Border Patrol Agents seized more than 15 pounds of crystal meth during a traffic stop on I-15 in Temecula, CA. It was reported by a U.S. Customs and Border protection news release that agents "spotted" a 23-year-old woman driving north in a Ford Focus near Winchester Road about 10:15 a.m. and pulled her over. A drug-sniffing dog was called out after the woman "provided inconsistent answers" to…
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California Law Seeks to Prevent Minors Drunk in Public
It has been well established that minors will consume alcohol before they are legally permitted to at 21. Lawmakers in California hope a new law will help deter minors from not only drinking, but from being drunk in public. As of 2009, the California Courts will impose a suspension or delay of driving privileges on minors who are convicted of being drunk in public. California law states that any person,…
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Are Treatment or Specialty Courts the Answer?
In California, there are 217 "problem-solving" courts. Many are Proposition 36 courts that treat non-violent but severely addicted drug offenders. Other courts are drug treatment courts for juvenile, parents in dependency court, and regular drug treatment court. The idea behind these specialty courts was to "use the trauma of the moment to move individuals caught up into the system into treatment in hopes of breaking the addiction and transitioning them…
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New Court Ruling Results in Drug Conviction Reversal: The Criminally Accused Have a Right to Confront the Witnesses Against Them – Part I
In Melendez-Diaz v. Massachusetts, the defendant was convicted of drug possession. 129 S.Ct. 2527 (2009). The conviction went all the way up to the Supreme Court of the United States. The Supreme Court reversed the defendant's drug conviction because the trial court violated the defendant's Sixth Amendment rights. In Melendez, the trial court admitted the prosecutions certificates by laboratory analysts, stating that the material seized by police and connected to…
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Medical Marijuana Card Does Not Necessarily Protect Against Vehicle Search
An officer with probable cause to search is not prevented from doing so by someone presenting a medical marijuana card or a medical marijuana prescription. Various courts have held that, once the officer has probable cause, the officer is entitled to continue to search and investigate, and determine whether the subject of the investigation is in fact possessing the marijuana for personal medical needs, and is adhering to the eight-ounce…
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Inconsequential “Clues” Considered Together May Amount to Reasonable Suspicion of Criminal Activity
Why You Need a Criminal Defense Attorney to Defend Your Rights During the course of an ordinary traffic stop, an officer may detect clues of an illegal drug crime in California. These clues, while seemingly inconsequential, when considered in the aggregate, may provide the additional reasonable suspicion required to detain an individual for further investigation. Generally, no single factor will justify further detention. Each individual factor, considered separately, may well…
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Officers Must Have Facts Demonstrating a Sufficient Connection Between the Suspect and the Drugs to Find Possession
Wallin & Klarich Defense Attorneys Elaborate To show that a suspect constructively possesses contraband and therefore may be arrested, an officer must have facts demonstrating a sufficient connection between the suspect and the drugs/contraband. This connection must be sufficient enough to infer that the suspect had both the power and intent to exercise dominion and control over the contraband. A common probable cause issue in California drug crime arrests arises…
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The Power of Prop 36: Are you Eligible? Part Two
In a previous article, we began our discussion regarding Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, which commands that qualified individuals convicted of CA nonviolent drug possession offenses be sentenced to probation and narcotics treatment as an alternative to incarceration. Continued here are some additional valid points of interest for Proposition 36. Other Ineligibility Factors Even if the defendant is convicted of a qualifying offense, if…
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The Power of Prop 36: Are you Eligible? Part One
In this article and one to follow, the Substance Abuse and Crime Prevention Act of 2000, also known as Prop 36, will be discussed. This complex and most interesting proposition requires that eligible people convicted of nonviolent drug possession offenses in California be sentenced to probation and narcotics treatment instead of incarceration. In a Nutshell Prop 36 is codified under Penal Code Section 1210. The law provides that a defendant…
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Marijuana Possession Conviction Occurring Before Current Offense Does Not Negate Eligibility for Deferred Entry of Judgment
Why Hiring an Experienced Criminal Defense Firm Can Assure You Are Given Access to All Available Court Programs Defendant, Oscar Armando Ochoa pled guilty to possessing cocaine after the trial court denied his motion to defer entry of judgment under penal code §1000. On appeal in California, Mr. Ochoa argued that the court erred in finding that his January 2006 conviction for possession of marijuana occurring more than two years…
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