wklaw » Drug Crime

Car Transporting 800 lbs. of Marijuana Caught Doing 85 MPH in a School Zone

Criminal Lawyer — Tue, 07 Feb 2012 19:58:53 +0000

If you are going to get a second job, transporting a controlled substance in your car for a drug cartel probably wouldn’t be most people’s first choice. But if you were to put, say a few bundles of marijuana in the trunk of your SUV, obeying all traffic laws and trying to not attract attention to yourself is the likely the best way to avoid spending a lot of time with a federal criminal attorney.

Apparently nobody explained that to one driver in Arizona, who attracted the attention of police for doing 85 MPH in a school zone. That’s 70 MPH over the speed limit. Following a 10 minute chase, the driver of the car bailed out and escaped on foot. But he left behind 800 pounds of marijuana with a street value of approximately $500,0000.

The incident occurred in Florence, AZ, between Phoenix and Tucson, and if caught, the driver could face federal charges and state charges. Not to mention the fact that he’d probably get his driver’s license suspended for going so fast in a school zone.

The suspect is still at large, and at this point, no new details have emerged in the case. In California, a person convicted of transporting a controlled substance for sale can face up to 9 years in a state prison. Considering the quantity of marijuana involved in this case, it is far more likely that the federal courts would get involved in the case, and the driver would face a far more harsh punishment.

Police Raid Leads to Seizure of $200,000 worth of Marijuana, 5 Arrests in Orange County (Health and Safety Code 11359, 11360)

Criminal Lawyer — Thu, 12 Jan 2012 22:08:45 +0000

About a half dozen Orange County residents are going to need a good drug crimes attorney after they were arrested in connection to an alleged massive marijuana growing ring. Police in Newport Beach, Lake Forest and Laguna Niguel served search warrants on a number of homes and one commercial building, seizing over 300 marijuana plants, 37 pounds of high grade marijuana and over $24,000 in cash.

In total, it is estimated that the marijuana seized in the raid has a street value of over $200,000.

Five people were arrested at multiple locations, ranging in age from 46 to 24. The group faces charges ranging from possession of marijuana for sale (California Health and Safety Code 11359) to suspicion of transportation and sale of marijuana (California Health and Safety Code Section 11360).

The individuals arrested on possession of marijuana for sale charges could face up to 3 years in county jail if convicted. For the two individuals accused of selling marijuana, they face as many as 7 years in state prison.

How long these individuals may have been in business and whether or not this operation may be part of a larger organization is yet to be known, and could be why local police officials have been unwilling to release many details regarding the case. As first reported by the Orange County Register, the initial raid only included search warrants for the residential addresses, and it wasn’t until evidence was collected at one of the residences that authorities obtained a search warrant for the commercial building. That could be an indication that today’s raid was just a small part of a larger operation.

What California Medical Marijuana Laws Do Depends On Who You Ask

Criminal Lawyer — Tue, 20 Dec 2011 00:24:34 +0000

In California, as local governments consider how to regulate the growth and distribution of medical marijuana, municipal lawyers continue to find themselves in the position of attempting to guide clients through uncertain and imprecise laws and regulations.

The problem is, what medical marijuana laws actual do depends on whom you ask. There is great disagreement on almost all areas of the law governing marijuana. Many argue that the root of the problem stems from state lawmaker’s failure to provide clear guidance.

With blurry direction from the Legislature, municipalities are forced to pass a broad range of regulations. In more liberal jurisdictions, like San Francisco, officials took a permissive stance by issuing permits to marijuana businesses. However, more conservative areas, especially smaller cities in Southern California, have tried to ban the marijuana shops entirely.

In 2008, then-state Attorney General issued guidelines meant to clarify the law. That attempt was unsuccessful. The laws did little more than change the law’s wording -recommending that groups cultivating or distributing marijuana organize as “cooperatives” or “collectives.” However, “collectives” were an entirely new concept and not clearly defined. This is a theme throughout California’s medical marijuana laws, a lack of clarity.

If you are facing marijuana charges, it is very important that you seek the expertise of a skilled drug defense attorney who can help you avoid conviction. At Wallin & Klarich, our Southern California Attorneys have over 30 years of experience in handling drug possession cases and will work hard to present the best defense for you. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Court Of Appeals Says Riverside Can Legally Shut Down All Medical Marijuana Dispensaries

Criminal Lawyer — Tue, 22 Nov 2011 01:26:00 +0000

In the first appellate decision of its kind on this critical “medical marijuana” issue the court held that it was legal for the City of Riverside to ban all storefront medical marijuana dispensaries. The court held that even though the law permits the use of marijuana if it is medically prescribed that does not mean that a city must permit such medical facilities to exist within its city limits.

The lawyer for the medical marijuana businesses said that they will appeal and he “has no doubt” that other court of appeals will side with their position and the matter will have to be resolved by the California Supreme Court.

The question now is how quickly will other cities move to ban such medical establishments. If someone living in Riverside County needs marijuana due to a medical disability how far can they be expected to travel to find a place to legally purchase marijuana. This seems to be an ideological battle between those that do not believe in the validity of these medical establishments (and who likely do not support the right of those persons in need to smoke marijuana due to their medical condition) vs. those persons who have obtained legal licenses to consume marijuana upon the prescription of a licensed medical doctor.

What would happen if those suffering from cancer could not receive the drugs they needed because cities passed laws prohibiting the sale of the needed cancer medication?

What would happen if a city decided to close down all abortion clinics making it necessary for a woman seeking an abortion to have to travel hundreds of miles from her home in order to obtain a legal abortion.

It sure seems that the law passed by the voters a few years ago to legalize “medical marijuana” will be worthless if the persons who need the drug are unable to obtain it.

What do you think?

If you are facing criminal charges pertaining to any drug offense you can come to Wallin and Klarich for free legal advise. We have been helping people for over thirty years. Feel free to call us toll free at 877-466-5245 or go to wklaw.com for more information about how we might help you. We will be there when you call.

The Smell of Marijuana is no Longer Enough for Police to Legally Search Your Property

Criminal Lawyer — Wed, 26 Oct 2011 00:45:30 +0000

The 2nd District Court of Appeals decided by a vote of 3-0 that when the police think they smell marijuana in a large package they MUST get a search warrant before opening the package. In the case before the court fed ex workers called the police when they sniffed what they thought was a strong odor of marijuana in a package they had received for shipment.

When the police arrived they claimed that there was a strong odor coming from the package that smelled to them like marijuana. The police then opened up the package and arrested and charged the accused with various drug offenses. The defendant argued that the evidence must be suppressed because the police needed to obtain a search warrant before searching the package.

The police and District Attorneys office argued that under the “plain smell” theory the police did not need a warrant. They argued that just like police can seize evidence of criminal activity if they “view it” under the “plain view” doctrine, the court of appeals should permit law enforcement to seize evidence of crimes if they can “smell” that the substance is illegal without the need for a warrant.

The court of appeals disagreed and ruled that the police must obtain a warrant before opening the package in question. The result is the evidence was suppressed and all charges against the defendant were dismissed.

In this case, the defendant is free and not facing a prison sentence because he obtained the legal services of experienced criminal defense attorneys to assist him.

At Wallin and Klarich we have been helping people have their criminal cases dismissed based upon unlawful search and seizure issues (PC 1538.5) for more than thirty years. Call us so we can discuss your case without legal obligation at 877-466-5245. This one all could make the difference between you going free or going to prison. We will be there when you call. Go to wklaw.com for more information.

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Federal Drug Sentences Can be Reduced Retroactively

Paul J. Wallin — Thu, 22 Sep 2011 18:44:40 +0000

It was recently reported that 12,000 federal inmates held for minor crack cocaine offenses could get out of prison early. The United States Sentencing Commission came down with a unanimous decision that will apply a sentencing reform law retroactively. With this new decision, incarcerated individuals can file motions to reduce their sentences on November 1st. A report indicated that prisoners incarcerated on crack cocaine offenses can see as much as three years reduced off their sentence. The Commission explained that there is an overwhelming majority of crack cocaine offenders who are African American, which results in an unwarranted disparity in sentencing.

This reform applies solely to federal drug crimes and not to state drug convictions. For example, any person serving a prison sentence in a California prison as a result of drug conviction in a California court will not benefit from this reform. Although the federal reform does not provide relief in California, there are local court programs that do assist individuals charged with a first time drug offense. Under Penal Code section 1000, a person charged with a first time drug offense can avoid a conviction on their criminal record if they complete a court ordered diversion course. To be eligible for a Penal Code section 1000 course requires the defendant to not be charged with a possession for sales charge. For individuals who have multiple offenses, Proposition 36 allows individuals to avoid jail or prison time by completing a more stringent and strict diversion course. This includes counseling sessions, checking in with a probation officer, and attending all required court hearings.

If you live in the Ventura area and you or someone you know is facing federal drug related charges, you will need an experienced Ventura federal crimes attorney to argue on your behalf. At Wallin & Klarich, we have helped people facing a variety of criminal accusations throughout all aspects of trial for over 30 years. Please call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

Possession or Sale of Meth in Riverside

Paul J. Wallin — Thu, 30 Jun 2011 16:59:00 +0000

Drug possession is charged under several different Penal Code sections in California depending on the type of drug. California Penal Code section11377 includes possession of “dangerous drugs” such as Methamphetamine, PCP, LSD, and Ketamine. This offense can be charged as a felony or misdemeanor. As such, you or a loved one should consult with an experienced Drug criminal defense attorney.

Possession of Methamphetamine for sale comes with increased penalties. Law enforcement and prosecutors are quick to interpret any available evidence as evidence that the methamphetamine was possessed with the intent to sell. However, an aggressive defense attorney, like the attorneys at Wallin & Klarich can attack the sales allegations.

Relevant factors when facing possession of methamphetamine for sale, Health and Safety Code Section 11352 (Sale or Transportation of a Controlled Substance) and Possession of a Designated Substance (Health and Safety Code Section 11375 (b) (2), include:

(a)    quantity of the drug found;
(b)    evidence of sales activity (text messages, emails, etc.)
(c)    packaging of the drug
(d)    presence of large amounts of cash

If you or someone you know has been accused of a possession or possession for sale of methamphetamine, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result. At Wallin & Klarich, we have helped people accused of drug possession and drug sales crimes for over 30 years. Call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

Possession/Sale of Meth

Paul J. Wallin — Wed, 22 Jun 2011 05:04:23 +0000

(a)    quantity of the drug found;
(b)    evidence of sales activity (text messages, emails, logs, etc.)
(c)    packaging of the drug
(d)    presence of large amounts of cash

Possession/Sale of Cocaine

Paul J. Wallin — Wed, 22 Jun 2011 04:57:52 +0000

Possession of a controlled substance for sale is a felony under California Health and Safety Code section 11351. If it is determined that the possessor of the drugs did not know that he or she had possession of the drug in the first place, such as if drugs were found in the supposed possessor’s automobile but were not placed there by the possessor, then it can be reasonably determined that the possessor did not intentionally “possess” the drug under the law, and therefore is not necessarily guilty of drug possession.

Possession of controlled substance for sale is committed if it is proven that you are in possession of an illegal drug with the intent to sell it. The key to convict a defendant of possession for sale of cocaine is the intent to sell requirement. Your criminal defense attorney will emphasize that the intent to sell must be present and proven in order to be convicted of this crime. The prosecutor usually argues that the element “intent to sell” can be proven circumstantially based on the circumstances surrounding the charges:

1.    Proving the amount of cocaine found was more than just for personal use
2.    Evidence that the cocaine was packaged into several small bags or packets
3.    Presence of scales or large amounts of cash

The circumstantial evidence above raises numerous defenses that an experienced criminal defense attorney will identify and attack accordingly. If you or someone you know has been accused of a crime, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result. At Wallin & Klarich, we have helped people accused of drug crimes for over 30 years. Call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

I’m Charged With Possession Of Drug Paraphernalia – What Should I Do Next?

Criminal Defense Attorney — Wed, 01 Jun 2011 18:39:12 +0000

In California, Health and Safety Codes section 11364.5 prohibits unauthorized possession of drug paraphernalia. Drug paraphernalia has a very broad definition that encompasses any equipment, products, or materials of any kind which is intended or designed to be used in producing, processing, preparing, or testing any controlled substance.

Scales and balances, water pipes, tubes, smoking masks, cocaine spoons, bongs, and roach clips may be considered drug paraphernalia. Thus, many common everyday household items can be converted into drug paraphernalia, and, once converted, the items become illegal and the owner may face serious criminal punishment. A conviction of delivering, furnishing, or transferring drug paraphernalia will result in a misdemeanor conviction and sentence for up to one year in a county jail. However, a person convicted of possessing cocaine, heroin, or methamphetamine drug paraphernalia may be sentenced up to three years in state prison.

If you have been accused of possession of drug paraphernalia, 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/possession-drug-paraphernalia-overview. We will be there when you call.