Appealing a School Expulsion in California

Expulsion from school and entire school district is the ultimate punishment that any school can impose on a student. It is a drastic measure that is intended only for the most severe of discipline problems because it can affect the rest of the student’s life. If your child is in grade school, high school, or college, an expulsion will limit your son or daughter’s ability to get a diploma, or move on to a higher education program. The loss of the chance at higher education can be a barrier to getting a degree and moving onto the workforce in the field of your or your child’s choice.

 If you or your child has been expelled from school, you generally can appeal the decision within a limited time frame. Here is what you need to know about your rights to appeal a school discipline decision.

Short Time to Act

California Education Code Section 48919 gives you a limited window in which to act following an expulsion decision. From the date of the decision, you have only 30 days to file your written appeal. This includes decisions in which the school has suspended the expulsion, or placed the student on probation. If you fail to appeal within that time frame, you will lose your right to appeal.school expulsion attorneys

Keep in mind that each county has its own board of education that oversees each school district’s board, and therefore each board may require different forms and documents in support of the appeal. Ultimately, the student appealing the decision is responsible for getting the record together, including transcripts, written evidence, and other supporting documentation. That is why it is important to hire an experienced school expulsion appeal attorney to help you with your case, because if the appeal is filed incorrectly or without proper supporting documentation, it may be rejected with little time to correct the errors.

On What Grounds Can I Appeal an Expulsion?

Appeals can only filed for limited reasons. Those reasons all stem from the same constitutional right: the right to due process, meaning notice of a hearing and the opportunity to be fairly heard. California Education Code Section 48922 limits those reasons to the following:

  1. Whether the school board acted without or in excess of its jurisdiction;
  2. Whether there was a fair hearing before the school board;
  3. Whether there was a prejudicial abuse of discretion in the hearing, which includes:
  1. School officials not meeting the procedural requirements;
  2. The decision to expel the student is not supported by the findings prescribed by    Education Code Section 48915; or

iii. The findings are not supported by the evidence; and

  1. The school board improperly excluded relevant material evidence; or there was evidence that could not have been found and produced after a reasonable search at the time of the hearing.

The County’s Decision Is Final 

If you appeal a school board’s decision to expel, an administrative officer or panel with the county board of education will hear your appeal. Within three school days, the officer or panel must prepare a recommended decision for presentation to the board of education. Within ten school days, the county board must render its decision. 

An expulsion appeal generally will have only three outcomes. 

The county board will:

  1. reverse the decision,
  2. uphold the decision; or 
  3. send the case back to the school board for reconsideration.

Once the county has decided, the decision is final, and cannot be appealed again.

Contact the Education Defense Attorneys at Wallin & Klarich For Help With Your Appeal

The stakes for an appeal of an expulsion decision are high. If your child is facing expulsion, now is the time to contact an experienced education defense attorney. At Wallin & Klarich, we have over 35 years of experience in helping parents like you fight for their child’s right to an education. We are dedicated to using all of our legal knowledge and skill to help our clients achieve the best possible outcome to their cases. Let our skilled attorneys and legal professionals help you, too.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich education defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will get through this together.

 

Police Can’t Search Your Genitals without a Search Warrant (PC 4030)

When you are arrested for a crime, you will probably be frightened and anxious. You may be too overwhelmed to think straight. So, when a law enforcement officer asks you to submit to a strip search, you may think you have to comply with this request.

However, there are very strict requirements for a strip search, and if the police violate these requirements, an experienced criminal defense attorney may be able to have any evidence they find thrown out by the court.

Rules Regarding Strip Searches (PC 4030)

The problem with strip searches is that officers can very easily abuse their authority when conducting such a search. This issue with strip searches was so widespread that California Penal Code Section 4030 was passed.

This law states:“The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.”

A “strip search” could refer to one of two different types of searches: a visual strip search or a physical body cavity search. There are different rules for each type of search.

Visual Strip Search

This type of search is a visual inspection of your genitals and buttocks for any concealed weapon or contraband. Under PC 4030, an officer conducting a visual strip search “shall not touch the breasts, buttocks, or genitalia of the person being searched.”

You cannot be subject to a strip search without the officers having a reasonable suspicion that a concealed weapon or contraband will be found. If that reasonable suspicion exists, the supervising officer on duty must provide written authorization for the search, including declaring the specific and articulable facts and circumstances upon which the supervisor made the determination for the search.

Body Cavity Search

Alternatively, the officer might conduct a physical body cavity search, in which he or she will physically intrude into your anus or vagina to discover if any objects are hidden inside your body.

The requirements for a body cavity search are much stricter. The U.S. Supreme Court ruled in Schmerber v. California, 384 U.S. 757 (1966) that a body cavity search requires a search warrant to be issued before the search. Additionally, the search must be conducted under sanitary conditions and only by one of the following:

  • Physician
  • Nurse practitioner
  • Registered nurse
  • Licensed vocational nurse, or
  • Emergency medical technician Level II licensed to practice in California

Can the Police Search My Genitals?

Based on PC 4030, law enforcement officers are not allowed to visually search your genitals without a first obtaining written permission from a supervisor. Additionally, law enforcement officers are not allowed to physically search your genitals.

If you were subject to a strip search or body cavity search and you believe the very strict requirements to conduct these kinds of searches were not followed, your experienced criminal defense lawyer may have grounds to challenge the use of any evidence found during the search.

Contact the Experienced Criminal Defense Attorneys at Wallin & Klarich Today

If you believe your rights were violated during an arrest, you should contact our experienced criminal defense attorneys at Wallin & Klarich as soon as possible. Our skilled lawyers have more than 35 years of experience successfully defending clients facing criminal charges. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles and San Diego, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Contact our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

Differences between theft and embezzlement

Your boss comes to you and asks if you can deliver some cash to the bank for a deposit. Of course, you say yes. When you get to the bank, you think “My boss won’t realize that a few hundred dollars went missing,” and you pocket some of the money. A few days later, the police show up to work and arrest you for embezzlement.

“What is embezzlement?” you are probably thinking. “I didn’t commit embezzlement, I committed theft.”

Embezzlement is a form of theft, but it is a separate charge under California Penal Code Section 503. Here is how the crime of embezzlement differs from theft:

Explaining California Theft Offenses (PC 487, 488)

Theft is defined as the unlawful and willful taking of another person’s personal property with the intent to deprive the person of that property. This crime is divided into different classes based on the value of the property taken:

  • Petty theft (PC 488) – Petty theft can be charged when the value of the property taken is less than $950. This crime is a misdemeanor that carries a punishment of up to six months in county jail and fines of up to $1,000.
  • Grand theft (PC 487) – Grand theft is when the property taken is valued at $950 or more. This is a wobbler offense, meaning it can be charged as a misdemeanor or a felony. If convicted of misdemeanor grand theft, you face up to 364 days in county jail and a maximum $1,000 fine. A felony grand theft conviction can result in up to three years in county jail and a maximum $10,000 fine.

How is Embezzlement Different than Theft? (PC 503)

Embezzlement is defined by California Penal Code Section 503 as the “fraudulent appropriation of property by a person to whom it has been entrusted.”

The important distinction between embezzlement and theft is that embezzlement involves property that was willingly entrusted to you by its lawful owner. This crime commonly occurs when an employee or a representative funnels company funds or property to their own personal account without the consent or knowledge of the employer.

Embezzlement is a wobbler crime, meaning you could be charged with a misdemeanor ro a felony depending upon the value of the property taken:

  • Misdemeanor embezzlement – When the property taken is valued at less than $950, you will likely be charged with a misdemeanor. Misdemeanor embezzlement is punishable by up to 364 days in county jail and a maximum $1,000 fine.
  • Felony embezzlement – If the property taken is valued at $950 or more, you may be convicted of felony embezzlement, which carries a punishment of up to three years in county jail and a maximum fine of $10,000.

Contact the Embezzlement Defense Attorneys at Wallin & Klarich Today

If you or someone you love is facing charges of theft or embezzlement, you should speak to a skilled and knowledgeable embezzlement defense lawyer immediately. This charge is very serious, and you need someone who has the experience and knowledge necessary to help you obtain the best possible outcome in your case. That is why you should contact Wallin & Klarich.

Our criminal defense lawyers have more than 35 years of experience successfully defending clients facing embezzlement charges. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich embezzlement defense attorney available near you no matter where you are located.

Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

How California Law Distinguishes Burglary Offenses

Burlgary CaliforniaSummer in California is associated with beaches, vacations and fun. According to reports, the summer months also bring an increase in crime. Burglary reportedly increases 11 percent during the summer.

Whether it takes place during the summer or during the coldest night in the winter, burglary is a serious offense in California. Let’s take a closer look at the crime of burglary and how it is prosecuted under California Penal Code Section 459.

Home Burglary (PC 459)

Home or residential burglary is when a person enters an inhabited home or room within the home with the intent to commit theft or another felony crime. This type of burglary is known as first-degree burglary and is a felony offense.

In order to find you guilty of first-degree burglary in California, the prosecution must prove the following elements beyond a reasonable doubt:

  • You entered an inhabited home or a room inside of an inhabited home, and
  • You intended to commit theft or another felony offense when you entered the inhabited home or room

If you are convicted of first-degree burglary under PC 459, you face up to six years in state prison, $10,000 in fines and a strike on your criminal record under California’s Three Strikes law. The penalties you face could increase based on the circumstances of the case, including whether you had a gun or you caused great bodily injury to another person.

Commercial Burglary

Commercial burglary, also known as second-degree burglary, is when you enter a store, office building or any other commercial structure with the intent to commit a theft or felony. To convict you of second-degree burglary, the prosecution must prove all of the following elements:

  • You entered an enclosure, such as a building, room, vehicle, vessel, cargo or container, and
  • When you entered the enclosure, you intended to commit a theft or another felony

Commercial burglary is a wobbler offense, which means it can be charged as a misdemeanor or a felony depending on the circumstances of the crime and your prior criminal history. If it is charged as a misdemeanor, you face up to 364 days in county jail and a $1,000 fine. Felony second-degree burglary is punishable by up to three years in prison and fines of up to $10,000 under PC 459.

Contact the Experienced Burglary Defense Attorneys at Wallin & Klarich Today

If you or someone you love has been accused of burglary in California, you should speak to an experienced burglary defense attorney at Wallin & Klarich immediately. Our law firm has bee successfully defending clients facing burglary charges for more than 35 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich burglary defense attorney available near you no matter where you work or live.

Call our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your burglary case. We will get through this together.

California Hit and Run Statute of Limitations Extended

According to various reports, Los Angeles experiences more hit-and-run accidents than any other city in the country. An investigation by L.A. Weekly found that about 48 percent of crashes in Los Angeles were hit-and-runs in 2009.1 The Los Angeles Police Department investigates approximately 20,000 hit-and-run incidents annually.

On a national level, about 11 percent of traffic collisions are hit-and-runs.2 In California, it is about 18 percent of all traffic collisions.

These statistics suggest that Los Angeles is experiencing a disproportionately high number of hit-and-run incidents. That is why a recently passed law extends the California hit and run statute of limitations.

Assembly Bill 184: Increasing the California Hit and Run Statute of Limitations

California hit and run
A new law increases the California hit and run statute of limitations to six years. Call a skilled criminal defense attorney today if you are facing hit and run charges.

If you hit another vehicle and leave the scene, you probably are scared that you could be arrested for a crime. What amount of time has to pass for you to stop being scared? Are you relieved after six months pass? One year?

There is actually a law that spells how long after the incident occurred that police can place you under arrest. So what is that amount of time?

In an effort to combat the hit and run problems in Los Angeles, Assemblyman Mike Gatto (D-Los Angeles) drafted Assembly Bill 184. In his initial bill, he proposed creating an unlimited statute of limitations period for alleged hit-and-run drivers in California. In essence, you could be prosecuted at any time during your life. Ending the statute of limitations completely did not pass, but lawmakers did extend the statute of limitations for hit and run crimes.

In the end, the state legislature settled on a compromise and increased the statutory period from three to six years.

The bill was signed by the California Governor Jerry Brown went into effect in the state as of Jan. 1, 2014.

If you are involved in a hit-and-run incident, the state of California will be able to prosecute you for the offense up to six years from the date of the incident.

What Does the New Law Attempt to Accomplish?

This new law was a direct response to the negative media attention that southern California (in particular, Los Angeles) was receiving for its perceived hit-and-run epidemic. Providing the state with six years to prosecute suspects for hit-and-run crimes will give law enforcement more time to track down the suspects and state prosecutors more time to gather evidence.

State legislators also hope that it will prevent the perpetrators from avoiding prosecution and help obtain justice for the victims. If you were involved in a hit-and-run accident, it makes it harder for you to “run out the clock.”

However, over weeks, months and years, memories fade and witnesses become less reliable. If you are accused of hit and run years or months after the alleged incident, an experienced criminal defense attorney can help you fight these serious allegations.

The California Hit and Run Attorneys at Wallin & Klarich Can Help You Now

How do you feel about this new law? Do you think California made the right decision by increasing the statute of limitations for six years? Or should California be focused on other alternatives for improving safety on our streets?

hit and run attorneys
Our hit and run attorneys can help you now!

Due to the recent negative media attention, California is starting to crack down on drivers who flee the scene of an accident. If you were involved in a hit-and-run incident, it is important that you contact an experienced criminal defense attorney immediately.

The attorneys at Wallin & Klarich have been successfully defending people facing hit-and-run charges for over 35 years. Our hit and run lawyers have a deep understanding of the laws and we can answer your questions without financial obligation. Our experienced defense attorneys are here to assist you every step of the way. Let us help you now.

Our offices are located in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego. We have experienced hit and run attorneys available near you no matter where you work or live.

Give us a call today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your case. We will be there when you call.


1. [LA’s Bloody Hit-And-Run Epidemic, LA Weekly, http://www.laweekly.com/2012-12-06/news/los-angeles-hit-and-run-epidemic-4000-dead-injured/ (Dec. 6, 2012).]
2. [AAA Foundation for Traffic Safety]

What is the Difference Between 1st and 2nd Degree Burglary in Los Angeles?

California Penal Code 459 defines burglary as breaking and entering a structure with the intent to steal or commit a felony. A structure could include a residence, a business, a cargo container, or even a tent or a storage unit.

That is the basic definition of burglary in California, but what makes a burglary a first-degree burglary, and what makes it a second-degree burglary?

The answer has to do with what kind of structure you entered in order to commit the crime. Burglary of a residence is considered first degree burglary. Burglary of a non-residential structure such as a business or storage facility is considered second degree burglary.

Punishment for First Degree Burglary

First degree burglary is considered a strike under California Penal Code Section 1192.5, and carries a much harsher sentence than second degree burglary.

A conviction of first-degree burglary is punishable by two, four or six years in prison. Because first-degree burglary counts as a strike on your criminal record, you will be required to serve 85 percent of your sentence if you are convicted of first degree burglary.

If you have a prior strike, your sentence will be doubled and you must serve at least 80 percent of the double time. If this is your third strike, you could be sentenced to prison for 25 years to life.

Punishment for Second Degree Burglary

difference between 1st and 2nd degree burglary
There is a distinct difference between 1st and 2nd degree burglary.

Second degree burglary is a wobbler, which means that prosecutors can charge you with a felony or a misdemeanor. How you are charged depends on various factors.

Felony second degree burglary is punishable by up to three years in county jail. Misdemeanor second degree burglary could be punished by up to 364 days in county jail.

Some factors which can influence whether you’re charged with a felony or a misdemeanor are:

  • Whether you have any prior convictions;
  • What crime was committed after you entered the structure; and
  • Whether the prosecutor has enough evidence to stand a good chance of convicting you.

Another factor that affects the outcome of your case is whether you have a competent and dedicated attorney with experience defending clients facing burglary charges. Burglary is a serious crime, and the consequences of a burglary conviction can affect you for the rest of your life.

Defenses to Burglary

In order to convict you of burglary, the prosecutor must prove that you intended to commit a crime when you entered the structure. This is true regardless if you are facing first or second degree burglary charges.

There are numerous defenses to burglary. Some of these are:

  • You didn’t know the people you were with were going to commit a crime.
  • You were intoxicated and lacked the capacity to form intent.
  • You were invited into the structure by the resident or owner.
  • The police who arrested you violated one or more of your constitutional rights.

Call the Burglary Attorneys at Wallin & Klarich Today

burglary attorneys
Our skilled burglary attorneys can help you now!

If you or a loved is facing burglary charges, you need to contact an experienced criminal defense attorney who can help you understand the charges against you. The attorneys at Wallin & Klarich have been successfully defending our clients charged with burglary and other serious crimes for over 35 years. Our criminal defense attorneys have the knowledge and experience to provide you with the best legal defense.

We have offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, our skilled burglary attorneys can help you no matter where you work or live.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

How to Avoid Trial for DUI Charges in California

If you are arrested on suspicion of driving under the influence of alcohol or drugs, it does not necessarily mean you will be convicted, but it also doesn’t mean your case will automatically go to trial. In fact, your best option may be to agree to a plea bargain before the case can go to trial.

An experienced DUI defense attorney can help you negotiate a favorable plea agreement, which could result in reduced charges and lesser penalties without the risks of going to trial.

Avoid Trial for DUI Charges

A DUI conviction has serious consequences. A first-time conviction carries up to six months in county jail and a $1,000 fine. Additionally, you could also lose your driving privileges for up to 10 months if you are convicted of DUI.

However, your attorney may be able to protect you from facing all of these harsh consequences by negotiating a plea deal with the prosecution. A plea deal is when you agree to plead guilty or no contest to the charges against you in exchange for the prosecution agreeing to reduce the charges you face or push for a lenient sentence. If you agree to plea bargain, you will not have to risk being convicted at trial.

As part of your plea bargain, you will likely be asked to plead guilty to one of the following crimes:

  • Wet reckless driving: A wet reckless charge is not you could face unless you agree to a plea deal. If you agree to plead guilty to wet reckless, you face up to 90 days in county jail and a $1,000 fine. However, the other penalties and assessments are about half of those of a DUI.

A wet reckless conviction does not require a mandatory suspension of your driver’s license. However, if you are convicted of another DUI within 10 years, a wet reckless conviction will be treated as a DUI conviction, which would result in harsher punishment for you.

  • Dry reckless driving: The probation period and penalties for this crime are similar to a wet reckless conviction, but there is no mandatory jail time for a dry reckless driving conviction. Additionally, a dry reckless does not count as a prior DUI offense in the event that you are charged with a DUI again within 10 years.
  • Exhibition of speed: An exhibition of speed conviction is punishable only by a fine.
  • Traffic infraction: The best possible outcome for a plea agreement would be a reduction to a traffic infraction. Your DUI charge would be changed to an infraction for an unsafe lane change or speeding, and you may be able to remove the infraction from your driving record by going to traffic school.

Contact the DUI Defense Attorneys at Wallin & Klarich Today

An experienced DUI defense attorney could make a huge difference in your case. A lawyer who knows the prosecutors in the court where your case is pending may be able to negotiate a favorable plea bargain for you so that you do not have to face the harsh penalties of a DUI conviction.

At Wallin & Klarich, our skilled DUI defense attorneys have been successfully defending clients facing DUI charges for more than 35 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced Wallin & Klarich DUI attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

Could Chewing Tobacco Lead to DUI Charges?

TobaccoThe tests law enforcement officers use to determine if someone has been driving under the influence of alcohol can often be the deciding factor in whether or not that person faces DUI charges. Because a DUI charge can have serious implications on your future, it’s important that these tests give accurate results. But with the current DUI testing technology being used, it’s possible to be charged with a DUI for doing something as innocent as chewing tobacco.

How Tobacco Could Lead to DUI Charges

Many times, law enforcement officers ask drivers who have been pulled over on suspicion of DUI to take a breath test. This test is meant to measure your blood-alcohol content (BAC) levels. The legal limit for BAC level is 0.08%. If you are over this limit, you will likely be arrested for DUI.

So why would chewing tobacco lead to an arrest for DUI? Tobacco isn’t alcoholic, is it?

Well, the issue with chewing tobacco is related to the term “mouth alcohol.” This phrase refers to products that are not alcoholic beverages or related to alcohol but could still be detected as alcohol on your system. Chewing tobacco is one of these items (others include mouthwash, certain medicines, and dentures).

Chewing tobacco contains ethyl alcohol, which won’t cause you to be intoxicated but will leave enough traces of alcohol in your mouth that it will be detected by a breath test. So, if you have used chewing tobacco before driving, a breath test could produce false BAC results. This is especially true if you have consumed a small amount of alcohol along with chewing tobacco.

Using “Mouth Alcohol” as a Defense to DUI Charges

If you used chewing tobacco, certain medicines, mouthwash or any other product that may contain traces of alcohol before you started driving, an experienced DUI attorney may be able to use “mouth alcohol” as a valid defense to these charges.

However, it is important that you understand how to use this defense in court before attempting to do so. Even if certain products caused your BAC level to rise, it does not mean that you aren’t considered “under the influence.” This defense should only be used in certain cases to show that you were not driving while under the influence. A skilled and knowledgeable attorney will know how to apply this defense to your case.

Contact the DUI Attorneys at Wallin & Klarich Today

If you have been charged with DUI, you should contact an experienced DUI lawyer immediately. At Wallin & Klarich, our DUI defense attorneys have been successfully defending our clients accused of DUI for more than 35 years. Let us help you now.

With offices in Orange County, San Bernardino, Riverside, Los Angeles, San Diego, West Covina, Torrance and Victorville, you can find a dedicated Wallin & Klarich DUI attorney available near you no matter where you are located.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

Can I Be Charged with Felony DUI in Los Angeles?

Felony DUI in Los AngelesIn Los Angeles, DUI is a “wobbler” offense, which means you could be charged with a felony or a misdemeanor if you are accused of this crime. So what is the difference between misdemeanor and felony DUI?

Misdemeanor DUI in Los Angeles

Though it is punished less severely than a felony, a misdemeanor DUI conviction is a very serious crime.

Usually, you will be charged with misdemeanor DUI if it is your first offense and there are no aggravating factors involved, such as causing an injury to a person.

Misdemeanor DUI can be punished by:

  • A maximum of six months in county jail;
  • A fine of up to $1,000;
  • Informal probation for up to five years;
  • Mandatory participation in a drug and alcohol education program for three or nine months; and
  • Suspension of your driver’s license for six to 10 months

Misdemeanor DUI is a “priorable offense,” meaning that you could face stricter penalties if you were previously convicted of DUI within 10 years of your current offense.

Felony DUI in Los Angeles

DUI is typically charged as a misdemeanor. However, you could be charged with felony DUI if you:

  • Caused a bodily injury or death to a person;
  • Have a previous felony DUI conviction; or
  • Have three or more previous DUI or wet reckless convictions of any grade within the last 10 years

The potential punishment for felony DUI is very harsh. If convicted, you face:

  • Up to three years in state prison;
  • Fines between of up to $1,000;
  • Revocation of your driver’s license for four years; and
  • Designation as a Habitual Traffic Offender by the DMV for three years

Your sentence can also be enhanced if you caused “great bodily injury” to another person as a result of driving under the influence. Great bodily injury includes broken bones, impairment or loss of function of a bodily organ, severe lacerations or burns, concussions, or any other significant physical trauma that required medical care.

If you caused such an injury, the prosecution can request that an additional three years be added on to your sentence. Thus, if you were sentenced to three years on a felony DUI, you would serve a total of six years in state prison with this enhancement.

However, you may be able to fight felony DUI charges by hiring an experienced Los Angeles DUI attorney.

Speak to a Los Angeles DUI Defense Attorneys at Wallin & Klarich

If you or a loved one is charged with felony DUI, you are facing strict penalties. You should speak to an experienced DUI defense attorney immediately.

At Wallin & Klarich, our team of attorneys has been successfully defending clients like you in DUI cases for over 35 years. Our tireless dedication to help our clients can help you obtain the best possible outcome to your case. Let our knowledgeable attorneys help you today.

With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Victorville, Torrance, West Covina and Ventura, there is an experienced Wallin & Klarich DUI defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.

What a California DUI Means for Arizona Residents

California DUISouthern California is a picturesque area ideal for those looking for the perfect vacation destination. Visitors from across the country come to celebrate the summer and soak in the lifestyle. For those in neighboring Arizona, a trip to California is not too far away, and thus it is a frequent hotspot for short vacations.

It can be easy to get wrapped up in all this fun and travel back to Arizona with an arrest for DUI on your record. But does an arrest for DUI in California have any affect on you if you are an Arizona resident?

Will My Arizona Driver’s License Be Affected by a California DUI?

When you are arrested for DUI in California, you will have 10 days to request a DMV hearing. If you do not request a hearing or you lose your hearing, your driver’s license will be suspended or revoked. However, the process is different if you are an out-of-state driver.
California doesn’t have the jurisdiction to take away your Arizona license, but your driving privileges in

California will be revoked if you are arrested for DUI. The California DMV is immediately notified once you are charged with DUI, and then will forward this information to the DMV in your state. Arizona is a part of an agreement called the Interstate Driver License Compact, and thus has the ability to impose the same consequences regarding your license that you would face if you were charged with DUI in Arizona.

Will an Arizona Resident Have to Appear in California Court?

Your criminal case will move forward even if you return to Arizona. It will be of great benefit to you to hire an experienced California DUI attorney. Your attorney will be able to appear in court on your behalf so that you will not have to leave Arizona. Your DUI attorney can also help you build a winning defense to the charges you are facing.

If your case does not result in a conviction, it will likely have no impact on you in Arizona. However, if you are convicted of DUI, you will have to return to California to complete your sentence.

Contact an Experienced DUI Attorney in Southern California

If you are an Arizona resident facing charges of DUI in California, you need to speak to an experienced lawyer immediately. Hiring an attorney can help you relieve the stress of having to travel across state lines multiple times for your criminal case. In addition, you will not want to have to return to California to complete your sentence if you are convicted, so you need a knowledgeable attorney who may be able to get the charges reduced or dismissed completely.

At Wallin & Klarich, our skilled attorneys have over 35 years of experience representing clients in DUI cases across all of Southern California. We’ve helped thousands of clients in their time of legal need, and we can help you now.

Call our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.