2011 February Archive

Use Facebook to Comment on this Post

Use Facebook to Comment on this Post

In California, Health and Safety Code section 11352 prescribes punishment for sale and transportation of certain controlled substances including prescription drugs. Under the law, every person who offers to or actually transports, imports into California, sells, furnishes, administers, or gives away a controlled substance will be in violation of Health and Safety Code section 11352. To be convicted of this offense, the prosecution is only required to prove that the defendant was aware of the substance’s presence and that it was a controlled substance.
Sale and transportation of a controlled substance is a very serious crime in California. A conviction under this section may be punishable by imprisonment for up to five years in state prison when a person transports, or attempts to transport or import into California, sell, furnish, administer, or give away certain controlled substances. An individual who is convicted of transporting a controlled substance for his or her personal use may be eligible for probation that will include specific conditions requiring successful completion of a court ordered drug treatment program.
<strong>
</strong>
If you have been accused of transpiration of a controlled substance for sale, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin &amp; Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at <a href=”http://www.wklaw.com/transfer-sale-controlled-substance-overview”>www.wklaw.com/transfer-sale-controlled-substance-overview</a>. We will be there when you call.

Use Facebook to Comment on this Post

In California, under Penal Codes section 191.5 the crime of gross vehicular manslaughter while intoxicated is a felony offense that involves drunk driving resulting in the unlawful killing of a human being. There is no requirement that the act must be done with premeditation or malice aforethought. Rather, what is required is to show that the accused was acting with gross negligent at the time when the crime was committed. Grossly negligent actions are so reckless that they create a high risk of death or great bodily injury, and it deviates drastically from how a reasonable person would act in the same situation.

Gross vehicular manslaughter while intoxicated is punishable by imprisonment in the state prison for 4, 6, or 10 years. A person, who has been convicted of prior gross vehicular manslaughter or at least 2 prior DUI convictions, may face a prison sentence of 15 years to life. A conviction will also result in the immediate revocation of the person’s driver’s license. Once revoked, driving privileges will not be reinstated until 3 years after the date of revocation. This conviction may also incur a strike pursuant to the California Three Strikes Law.

If you have been accused of gross vehicular manslaughter while intoxicated, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/gross-vehicular-manslaughter. We will be there when you call.

Use Facebook to Comment on this Post

A new bill in the California State Assembly has been signed into law and it can have a significant impact on third DUI offenders come January 1, 2012. Assembly Bill 1601 will give Judges the option of revoking the license of third-time DUI offenders for up to TEN years when sentencing those defendants. Under current law the penalty for a third DUI offense includes a three year license revocation under the authority of the California DMV. This new law will put the power to revoke such offender sin the hands of the sentencing Judge.

Sponsored by Assemblyman Jerry Hill form San Mateo, the bill was enacted in response to a number high-profile DUI cases involving repeat offenders and has been touted as an important step towards making California’s roads safer. Although the bill has not been approved by the State Senate it is widely expected to be approved and take effect on January 1, 2012. The original form of the bill was even tougher on third DUI offenders and gave Judges the power to revoke a license for life in these cases and also to consider the offender’s entire driving record rather than just the previous ten years as is in the current form of the bill. Regardless, the bill makes the potential penalties for third DUI offenders significantly more severe than they are today.

If you have been accused of DUI in California, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklawdui.com. We will be there when you call.

Use Facebook to Comment on this Post

If you were arrested for being drunk in public also known as public intoxication in San Diego, it is important to know what consequences you may be facing. Under California Penal Code section 647(f), it is a misdemeanor to be found in any public place under the influence of any liquor, drug or controlled substance if: 

• The person’s public intoxication makes him or her unable to exercise care for his or her own safety or the safety of others; or

 

• By reason of the public intoxication, the person “interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.”

 

If you are convicted of misdemeanor public intoxication you may face up to six months in county jail and a fine of up to one thousand dollars ($1,000). A public intoxication conviction can also result in more than just jail time and fines. A conviction for public intoxication for a defendant who is under the age of 21 may result in a suspension of the defendant’s driver’s license for a year (C.V.C. 13202.5). 

Due to the severity of the possible consequences you may be facing, it is vital that you hire an experienced San Diego criminal defense law firm who knows the proper defenses for your case. Public intoxication laws in California can be very subjective. Often times the arrest is solely based on the police officer’s opinion. An experienced attorney at Wallin & Klarich can help to defend you if you are accused of public intoxication by raising some or all of the following defenses on your behalf:: 

• You were not under the influence of any alcohol, drug, or controlled substance at the time of the arrest.

 

• You were not intoxicated in a “public place”.

 

• You were not a danger to yourself or others.

 

• You did not obstruct public way.

 

If you or a loved one are accused of 　public intoxication in San Diego, it is vital that you hire an experienced public intoxication attorney. At Wallin & Klarich, our attorneys have the knowledge and skill that comes with over 30 years of experience in handling all types of alcohol/drug related matters. We will aggressively represent your interests and keep you well informed on your case. Call us at 888-749-0034 or visit us at our website at www.wklaw.com. We will be there when you call.

Use Facebook to Comment on this Post

It was recently reported that Adam Kennedy, a former baseball player for the Anaheim Angels was arrested on Wednesday night on suspicion of driving under the influence by the California Highway Patrol. CHP reported that Mr. Kennedy was driving northbound on the 73 freeway in his pickup truck south of MacArthur Boulevard when CHP officers imitated a traffic stop at about 9:00 p.m. Subsequently, Mr. Kennedy was arrested.

Under California Vehicle Code section 23152(a) it is against the law for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Furthermore, California Vehicle Code section 23152(b) makes it unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Mr. Kennedy will likely be charged with a violation of both Vehicle Code sections 23152(a) and 23152(b).

If you or a loved one is facing charges for driving under the influence, contact our Southern California DUI attorneys at Wallin and Klarich.　 Wallin & Klarich will help protect your rights and find the best defense strategy for your case.　 For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving.　 Please call us at (888) 280-6839 or visit our website at www.wklawdui.com. We will be there when you call.

Use Facebook to Comment on this Post

Possession of drugs or drug paraphernalia can be a felony, misdemeanor, or an infraction depending on the amount and type of drugs you may possess. Possessing large amounts of drugs, or cultivating or selling drugs, is more likely to be a felony with serious penalties attached. Minor drug possession charges, including charges for possession of steroids or some prescription drugs, are punishable by jail time and fines, as well as suspension of your driver’s license. Starting this year, a simple possession of not more than one ounce, or 28.5 grams, of marijuana is punishable by a fine up to $100.

In California, nonviolent drug offenders may have alternatives to jail time and being left with a criminal record. Drug diversion programs, such as Prop 36 or PC 1000, allow those individuals accused of less serious drug offenses to be considered for what is called alternative disposition in their cases. If the court approves an alterative disposition for drug programs, such individuals receive medical treatment instead of jail time. They must appear in person or through their lawyers at regular time intervals before the court to show their progress in the drug program. Once the program is successfully completed, the court dismisses the charges as if the person has never been convicted of a drug offense.

If you have been accused of drug related crimes, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-drugs. We will be there when you call.

Use Facebook to Comment on this Post