Drug Crime

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.

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, the rapper will likely avoid a prison sentence. The maximum sentence that Lil Wayne could receive on these charges is three years in prison. However as part of the plea agreement, Lil’ Wayne will likely avoid prison time and be placed on probation.

The rapper is currently serving one year in a New York prison for unrelated gun charges. He appeared in an Arizona court Monday via video. The plea agreement is only a recommendation, and needs to be approved by a judge at a later court date. According to court papers, if probation is granted, the rapper would be place on probation for 36 months.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced Southern California criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

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 of this ordinance may be subject to civil fines or criminal charges.

In response to hundreds of pot shops opening up across Los Angeles, the new ordinance created strict guidelines on these dispensaries. Only dispensaries that were registered before 2007 can remain open if they are not within 1,000 feet of schools, parks, and other public gathering sites. Additionally, they must also may more than $1,000 in administrative fees.

Violating the ordinance could result in six months in county jail and a $1,000 fine. There is also a daily penalty of $2,500 for each day a non-qualified collective remains open. Also, because the city ordinance provides for cash reimbursements for pot sales, there may be felony criminal charges if it is shown that dispensaries were profiting by selling pot. Whether the city attorney will file criminal or civil charges will depend on how many dispensaries have defied the ordinance by remaining open. The larger the amount, the more likely criminal charges will be filed.

If you are faced with closure, make sure you understand your rights and the legal repercussions of your actions. With over 30 years of experience, our attorneys at Wallin & Klarich can provide you competent legal advice and representation. Call us at (888) 280-6839 or contact us on our website at www.wklaw.com. We will be there when you call.

The city of Imperial Beach moved one step closer to approving an amendment to a city ordinance regarding tobacco vendors. It was recently reported that the city council collectively approved a new ordinance amendment prohibiting any new business from selling tobacco paraphernalia, such as pipes, bongs, cigarette rolling papers, and hookahs. Existing businesses, however, can continue selling tobacco paraphernalia, which is legal. Currently, many vendors who sell tobacco paraphernalia such as pipes for illegal drug use (which is illegal) can instead say their tobacco paraphernalia is used solely to smoke tobacco (which is legal). The new ordinance is designed to cut down on these cases.

Failure to adhere to the new ordinance could result in a vendor losing his or her Tobacco Retailer’s License. A Tobacco Retailer’s License is required by law to sell tobacco products within city limits. In order for the amendment to the tobacco retailer ordinance to officially be put into law, a second hearing will soon take place.

If you or a loved one is facing a drug crime such as selling drug paraphernalia, contact our attorneys at Wallin and Klarich. We have experienced San Diego drug defense attorneys who can begin working on your case today. The state of California has serious penalties for those charged with drug-related crimes. Our knowledgeable San Diego drug defense attorneys are up-to-date on the drug crime laws. Our attorneys will aggressively work on your defense to get the charges reduced or dismissed altogether. Call Wallin and Klarich today at 1-888-749-0034 or visit www.wklaw.com for more information. We will be there when you call.

The California legislature has enacted new law under California Penal Code section 381c, which subjects individuals to criminal prosecution when they sell or distribute nitrous oxide to minors. As used in this provision, nitrous oxide refers to any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas.

If a person is found guilty of selling nitrous oxide to individuals less than 18 years of age, he or she will be guilty of a misdemeanor, and the court will most likely order that person to perform community service as a condition of his or her probation. Moreover, starting July 1, 2010, the court will also suspend your business license for a period of up to one year, if you knowingly violated this section more than once.

There are few defenses to selling nitrous oxide to minors. Section 381c does not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, or to the sale of nitrous oxide contained in food products for use as a propellant. However, the most common defense to this crime is when the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age.

It is essential to contact experienced San Diego drug criminal defense attorneys who can provide clarity and quality representation in your criminal matter. Wallin & Klarich has over 30 years of criminal experience. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today or visit us on our website at www.wklaw.com. We will be there when you call.

Proposition 36 (“Prop. 36”) is a diversion program available for individuals who are trying to clean up from their addiction to drugs and to avoid jail time. What happens if the individual enters the Prop. 36 program, but the individual has a prescription for medicinal marijuana?

In People v. Beaty (No. F055868), the appellate court held that using medicinal marijuana does not by itself make someone a participant in a Prop. 36 program unamenable to treatment. In 2007, Beaty admitted to transporting and possessing methamphetamine in violation of California Health and Safety Code 11379. He was placed on Prop. 36 probation for a period of five years. Beaty was ordered to enroll in a drug treatment program.

Brian Beaty was disabled after a motorcycle accident in 1998. Beaty was prescribed the use of medical marijuana to treat the chronic pain he was suffering from. He was advised that he would not able to use marijuana, although prescribed, while on Prop. 36 probation by the Prop. 36 team that was overseeing his progress. However, Beaty’s attorney told him that his use of medical marijuana was legal, so Beaty continued to use marijuana on a daily basis for medicinal purposes.

Beaty tested positive each time he was tested. The probation department filed a petition to have Beaty’s probation revoked because he was unamenable to treatment. The probation department had two expert witnesses testify to the fact that the use of medicinal marijuana was inconsistent with the program’s goal of abstinence. Relying on the testimony of the expert witnesses, the trial court revoked Beaty’s Prop. 36 probation and sentenced him to a term of 30 days in county jail.

On appeal, the court found that the trial court impermissibly deferred a legal conclusion to the drug treatment program. The court found that medicinal use of marijuana alone is not sufficient to render an individual unamenable for treatment in the Prop. 36 drug treatment program. The court noted that recovery from addiction cannot mean that patients must refrain from the use of all narcotics. The intent of Prop. 36 is to provide treatment that will enhance public safety by reducing drug-related crime and preserving jails and prison cells for serious and violent offenders and to improve public health by reducing drug abuse and drug treatment strategies? Therefore, when the Prop. 36 participant is using a legally prescribed drug that may be inconsistent with the goal of the program, the probation department can apply a reasonable policy to the circumstances of any individual Prop. 36 defendant.

If you or a loved one have been charged with violating probation in Southern California, it is critical that you talk to an experienced criminal defense lawyer. At Wallin & Klarich, our attorneys have over 30 years of experience in successfully dealing with all types of criminal cases. Our attorneys will aggressively defend your rights and fight to get you the best possible result. Call us at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Anyone charged with possession for sale of a controlled substance should speak with an experienced drug possession attorney in California. Possession for sale of controlled substances is a serious crime with harsh penalties.

California Health and Safety Code Section 11351 makes it illegal to possess controlled substances for the purposes of selling them. To be convicted under Section 11351, it needs to be proven that the defendant unlawfully possessed a controlled substance; the defendant knew of its presence; the defendant knew of the substance’s nature as a controlled substance; and the controlled substance was in a usable amount.

Hiring an attorney can help you raise defenses to the charges against you. A defense that might be available is submitting a motion to suppress evidence. If evidence in your case was illegally seized, an attorney can ask the judge to disallow the usage of the evidence. This can essentially dismiss the case against you. Another defense available to a defendant is proof that there was a lack of possession, knowledge of the drugs’ presence, or intent to sell.

A conviction under Section 11351 can be punishable by imprisonment for up to five years in state prison.

For more information, go to www.wklaw.com and read our Possession for Sale of Controlled Substances section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.

At Wallin & Klarich, our criminal defense attorneys have over 30 years of experience defending those accused of drug-related offenses, and are prepared to handle every aspect of your case. Our attorneys will examine the circumstances of your case in order to provide you with the best possible defense. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839.We will be there when you call.

The California legislature has enacted a new law enabling Superior Courts to operate deferred entry of judgment (“DEJ”) reentry program in lieu of jail time for first-time non-violent felony drug offenders. This law created new Penal Code sections 1000.8 to 1000.10.

A “Back on Track” deferred entry of judgment reentry program is aimed at preventing recidivism among first-time nonviolent felony drug offenders, excluding those individuals who has been convicted of a violation of an offense enumerated in Penal Code sections 290(c), and 1192.7. The law does not create a statewide program, but provides a legal framework for establishing such programs in each county. Each county will specify which low-level nonviolent felony drug offenses under the Health and Safety Code will be eligible for the program and a process for selecting participants.

Upon defendant’s successful completion of the program and on the motion of the prosecution, the court will dismiss the charge or charges against the defendant applying provisions under Penal Code sections 851.90 or 1203.4. If an individual fails to comply with conditions of the program, the defendant risks receiving the original punishment he or she would have received for the crime committed.

If you or someone you love has been charged with a drug offense, it is important that you talk to an experienced criminal defense San Diego attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of cases. Our attorneys will guide you through the process and fully inform you of all of your options. We will let you know the risks and rewards of any available drug treatment program. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Possession of marijuana is a serious crime in California. A conviction of possession of marijuana can have negative effects on one’s job, family, and personal freedoms. It is important to have an experienced drug defense attorney to defend your rights in the event that you are accused of possession of marijuana.

Under Section 11357, a defendant can be convicted if the defendant unlawfully possessed marijuana, knew of its presence, knew of marijuana’s nature as a controlled substance, and possessed more than 28.5 grams.

Having an experienced attorney can help you raise a number of defenses. For example, having only momentary possession can be a defense if the defendant can show that the defendant possessed the marijuana only for a momentary or transitory period; the defendant possessed the controlled substance in order to abandon, dispose of, or destroy it; and the defendant did not intend to prevent law enforcement officials from obtaining the marijuana.

Possession of medical marijuana is also legal under California state law. If you were legally prescribed medical marijuana, it may be a viable defense to a charge of possession of marijuana.

The penalties for marijuana possession are serious. Possessing 28.5 grams or less of marijuana is a misdemeanor and punishable by a fine of up to one hundred dollars ($100). Possessing more than 28.5 gram of marijuana is a misdemeanor and is punishable by imprisonment for up to six months in county jail, or a fine of five-hundred dollars ($500), or by both fine and imprisonment. However, if the defendant possesses significantly more than 28.5 grams, the prosecution can presume that the marijuana was intended to be sold. The defendant would then face a felony charge of possession of marijuana for sales under Section 11359.

You can also lose your driver’s license for one year if you are under the age of 21 and convicted of possession of marijuana. See California Vehicle Code Section 13202.5.

Alternative punishment may be available, but you need to talk to an attorney to know your options. You might be eligible for a drug diversion program under California Penal Code 1000 and Proposition 36. Instead of going to jail, you would have to complete a drug treatment program. Upon completion, the charges against you are dismissed. However, if you do not complete the program, the court can then sentence you to the sentenced term you would have received originally.

For more information, go to www.wklaw.com and read our Possession of Marijuana and Drug Diversion section. You will find invaluable information regarding the charges you or a loved one may be facing, the possible defenses, and the alternatives punishments that may be available.

If you are charged with possession of marijuana, it is critical that you consult with an attorney immediately. At Wallin & Klarich, our attorneys will use their knowledge of the law to provide you with the best possible defense. Wallin & Klarich has over30 years of experience successfully defending clients accused of these crimes. Contact the experienced Southern California marijuana possession defense attorneys at Wallin & Klarich today at 1-888-749-0034. We will be there when you call.

A recent United States Supreme Court decision (Eric Presley v. Georgia) affirmed the right of the defendant to have a public jury selection process and jury trial.

After a jury trial in a Georgia Superior Court, Eric Presley was convicted of cocaine trafficking. The decision was affirmed by the Georgia Supreme Court. Presley sought a writ of certiorari (a request to the U.S. Supreme Court to review a decision), claiming his Sixth and Fourteenth Amendment rights to a public jury trial were violated by the trial court when it excluded the public from the voir dire (jury selection) of prospective jurors. The United States Supreme Court granted Presley’s claim, reversing the judgment against him.

During the jury trial in question, a lone observer in the courtroom was told he was not allowed in the courtroom during jury selection and had to leave the courthouse. Upon learning the observer was Presley’s uncle, the court judge told the uncle there would not be enough room for him when prospective jurors entered the courtroom, but he would be able to come back in once the jury was selected and the trial would start. Presley’s attorney objected to the “exclusion of the public from the courtroom,” but the court refused Presley’s uncle’s presence during jury selection.

After Presley was convicted, he moved for a new trial based on the exclusion of the public (in this case, Presley’s uncle) from the jury selection. Presley also presented evidence that the prospective jurors called to court could easily fit in the courtroom with enough room for the public. However, the trial court denied the motion, stating the decision to exclude the uncle was up to the courtroom judge to decide. The judge stated he made his decision in part because he did not want family members in the courtroom mingling with potential jurors. The Supreme Court of Georgia affirmed this decision.

However, the United States Supreme Court reversed the judgment, stating, “Trial courts are obligated to take every reasonable measure to accommodate public attendance at criminal trials. Nothing in the record shows that the trial court could not have accommodated the public at Presley’s trial.” Presley won his case.

This case shows there is a potential for courtroom misconduct in every criminal case. It is important to have the experienced Southern California criminal defense attorneys of Wallin & Klarich represent you if you accused of a crime. Our attorneys have the knowledge and expertise you need if you are facing a criminal offense. Our attorneys may decide it is important to look into courtroom misconduct issues in your case. The attorneys at Wallin & Klarich can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com. We will be there when you call.