Criminal Defense
Dishonest Testimonies Have Consequences
Aggressive Criminal Defense Attorney Exposes Law Enforcement Officers Who Lied While Testifying In Prosecution Last month a story surfaced which highlights the troubling phenomenon of law enforcement officials lying while testifying for the prosecution. In a Los Angeles case, three LAPD officers testified during a criminal trial that they chased a defendant into an apartment complex, where they saw the defendant throw a black object away as he was attempting…
Read More
California Drug Diversion Programs: Penal Code 1000 or Proposition 36?
If I am eligible for both Penal Code 1000 and Proposition 36 drug diversion, which is preferred? Penal Code 1000 is more time-consuming and intensive than the treatment mandated by Proposition 36. Treatment under Penal Code 1000 can last up to three years, with a minimum of eighteen months. On the other hand, the maximum treatment period under Proposition 36 is twelve months, with the possibility of aftercare for six…
Read More
California Drug Diversion Program under Penal Code 1000 Minimizes Collateral Damage
Avoid devastating collateral consequences; Why you need to retain a California drug offense defense attorney to get admitted to Penal Code 1000 drug diversion program Under Penal Code 1000, even if the defendant has entered a plea of guilty, he is not "convicted" while undergoing the treatment in the deferred entry of judgment program. Penal Code 1000 provides, "A defendant's plea of guilty...shall not constitute a conviction for any purpose…
Read More
How To Keep Your Criminal Record Clean By Entering Drug Treatment
Which Prior Convictions Will Disqualify Me For Drug Diversion Under Proposition 36 or Penal Code 1000? Prior convictions for California drug offenses, even drug sales, will not necessarily disqualify a defendant under Proposition 36. The only prior conviction that excludes a defendant under Prop 36 is one for a serious or violent felony listed in Penal Code 667. 5(c) or Penal Code1192.7. However, even this exclusion can be avoided if…
Read More
California Appeals Court Reverses Drug Conviction on Unreasonable Stop
People v. Hernandez (2008 DJDAR 18109) Officer may not stop vehicle displaying temporary operating permit in lieu of license plates on hunch that permit is forged The California Supreme Court recently held that an officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid. To…
Read More
California DUI Checkpoint and Drunk Driving Arrests
Sobriety Roadblocks and Checkpoints If you were charged with drunk driving in California after a sobriety checkpoint investigation, you need the help of a competent attorney as soon as possible. Please contact Wallin & Klarich at (888) 749-0034 or . If you are stopped at a sobriety checkpoint, the officer may ask for your license and registration. They are primarily looking for signs of impairment. If they suspect that you…
Read More
Bench Warrant Issued for DMX Due to Failed Court Appearance
For Rapper DMX, rehab does not halt court proceedings. Admitting yourself into a rehab facility will not halt court proceedings and could result in a bench or arrest warrant being issued against you. Such is the case with rapper DMX. Once again he was a no-show to court today because he admitted himself to an undisclosed residential rehabilitation center. The presiding judge issued a bench warrant for DMX's arrest and…
Read More
California Marijuana Defense Attorneys Can Help You
BUSTED FOR MARIJUANA? The law firm of Wallin & Klarich has been defending those charged with possession of marijuana in California for over 30 years. Whether it be cultivating, transporting or selling marijuana, our law firm has been successful in defending against these charges. The new medical marijuana laws allow flexibility and some "wiggle room" in the way these cases get prosecuted. The staff attorneys at Wallin & Klarich are…
Read More
California Drug Crime Consequences to be Decided on Prop 5
California Drug Offenses There exists a need for expanding access to drug treatment programs for those individuals who need it and will benefit from it. Incarceration is not the answer. California voters passed Proposition 36 in 2000 and now we face another important decision to make with Proposition 5. Prop 5 will take money away from the least effective tool on the fight against drugs - incarceration, and instead shift…
Read More
California Drug and Weapons Charges Prompts Pat Down Legality Dispute
When you are facing drug charges you need the legal representation of highly qualified criminal defense lawyers to help you win your case. Tyree Christopher Collier was denied his motion to suppress evidence on Thursday, September 18, 2008 and plead guilty to concealed firearm charges in California. Collier was the passenger in a car that was pulled over in a routine traffic stop in Los Angeles County. The Deputy Sheriff,…
Read More