Archive for June, 2010

LAW ENFORCEMENT SEIZES $45 MILLION WORTH OF ILLEGAL DRUGS IN BIG RIG TRAILER – CALIFORNIA PENAL CODE SECTIONS 11352 (A), 11360(A), 11379(A)

Tuesday, June 29th, 2010

On June 23, 2010, federal and state law enforcement law enforcement officers in San Bernardino County seized over $45 million worth of illegal drugs after stopping a big rig truck for a traffic violation.

During the traffic stop, officers inspected the driver’s paperwork for the load and found that it was not in order. Upon the officer’s request, the driver consented to a search of the trailer. The trailer contained 19 tons of marijuana, 2,700 pounds of cocaine, and 67 pounds of methamphetamine.

The truck driver, Fernando Luevano, 32, has been booked and detained on suspicion of possession, transportation, and sale of narcotics. Bail was set at $5 million.

Under California Health & Safety Code sections 11357(b), 11359, and 11360(a), a person who possesses over 28.5 grams of non-concentrated cannabis is guilty of a misdemeanor, while possession of marijuana for sale or transportation of over 28.5 grams of marijuana are felonies.

Under California Health & Safety Code sections 11350(a), 11351, and 11352(a), possession of cocaine, possessing cocaine with intent to sell, and transporting cocaine are felonies.

Under California Health & Safety Code sections 11377(a), 11378, and 11379(a), possession of methamphetamine can be either a misdemeanor or a felony, while possession for sale or transportation of methamphetamine are felonies.

If you or a loved one has been accused of possessing, possessing with intent to sell, or transporting an illegal substance, you will need an experienced drug crime attorney who will aggressively defend you. At Wallin & Klarich, we have over 30 years experience defending a variety of criminal matters, including drug crimes. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

Michigan Judge Orders 13-Year-Old Boy Convicted Of Murder To Remain In Juvenile Detention Until He Is 21

Monday, June 28th, 2010

A stern-faced 13-year-old boy sat quietly as a Michigan Judge ordered he remain in juvenile detention until he reaches the age of 21. DeMarco Harris sat in the courtroom convicted in the shooting death of a 24-year-old woman during a robbery. The 24-year-old woman was murdered inside her parked car in Detroit on August 1, [...]

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Rapper Lil’ Wayne Plead Guilty To Drug Charges

Monday, June 28th, 2010

Multiplatinum-selling and Grammy-winning rap artist Lil’ Wayne plead guilty to drug charges in a plea agreement announced earlier this week. The charges against Lil’ Wayne stem from a January 2008 Arizona bust on his tour bus where the drug ecstasy was allegedly found in his backpack. By entering a plea of guilty to the charges, [...]

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CALIFORNIA COURT OF APPEAL RULES THAT LACK OF EXPERT IDENTIFICATION WITNESS WAS NOT INEFFECTIVE ASSISTANCE OF COUNSEL

Friday, June 25th, 2010

In People v. Datt, the Sixth District of the California Court of Appeal held that appellant trial counsel’s failure to present an expert witness in a trial where an uncorroborated identification is at issue did not constitute ineffective assistance of counsel. On September 30, 2007, at 2:00 or 2:30 a.m., Santa Clara County Sheriff Ramon [...]

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California Women Gets Life In Prison For Killing Daughter’s Eight Year Old Playmate

Wednesday, June 23rd, 2010

Melissa Huckaby was sentenced to life in prison without the possibility of parole in a California courtroom on Monday. Huckably, a former Sunday school teacher admitted to the killing of 8 year old Sandra Cantu. Cantu’s lifeless body was found in a suitcase 10 days after she disappeared in Tracy, California, in March 2009. San [...]

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Many Medical Marijuana Dispensaries Ordered To Close

Wednesday, June 23rd, 2010

As recently reported in the Daily Journal, a new ordinance in Los Angeles required hundreds of medical marijuana dispensaries to close. The city attorney’s office sent out more than 430 letters to these dispensaries, stating that operations must cease. The requests to stop the ordinance from going into effect were denied by a judge. Non-compliance [...]

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Bike Gang Leaders Under Arrest

Tuesday, June 22nd, 2010

As recently reported by CNN, twenty-six leaders of the American Outlaws Association, a motorcycle gang, have been arrested and one has been killed in a shootout during a nationwide roundup. A federal grand jury in Virginia indicted the members on multiple criminal charges. The 12-count indictment includes attempted murder, kidnapping, conspiracy, robbery, extortion, assault, witness [...]

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JORAN VAN DER SLOOT CLAIMS HE WAS “TRICKED” INTO CONFESSING TO MURDER

Tuesday, June 22nd, 2010

In a Dutch newspaper article published on June 21, 2010, Joran van der Sloot claims Peruvian police “tricked” him into confessing to the murder of Stephany Flores Ramirez. Previously, van der Sloot had been suspected of murdering American teen Natalee Holloway, though he was never formally charged. In a jail interview, van der Sloot told [...]

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Man Arrested in Lake Forest for Robbery Attempt – California Penal Code Section 211

Monday, June 21st, 2010

It was recently reported in the OC Register that Freddy Pacheco, suspected of armed robbery of a Chevron gas station in Lake Forest last week, was arrested for a second robbery attempt of a mobile vendor in Laguna Hills on Saturday night. Pacheco was booked on suspicion of armed robbery in both Laguna Hills and [...]

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PEREZ HILTON TWEETS UPSKIRT PHOTO OF 17-YEAR-OLD MILEY CYRUS; CYRUS WILL NOT PRESS CHARGES – CALIFORNIA PENAL CODE SECTION 311.3(A), (B)(5)

Monday, June 21st, 2010

On June 13, 2010, popular blogger Perez Hilton tweeted a picture that appeared to show 17-year-old Miley Cyrus exiting a car while not wearing underwear. Under applicable law, a question arises as to whether Hilton may be liable for distributing child pornography. In California, Penal Code section 311.3(a), (b)(5) criminalizes the distribution of an image [...]

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