PURCHASING A GUN
IF I HAVE A SIMPLE POSSESSIONS CHARGE WILL THAT KEEP ME FROM BUYING A GUN
Read MoreCan Wallin & Klarich Help Me Avoid Jail For Possession Of A Controlled Substance in San Bernardino? (PC 1000 & Prop. 36)
If you are a first-time offender of a non-violent drug possession offense in San Bernardino, your Wallin & Klarich Attorney may be able to get you into a drug diversion program instead of going to jail. California Penal Code Section 1000 and Proposition 36 (Prop 36) allow you to attend a drug diversion or drug treatment program as part of your punishment for drug possession. Your eligibility will depend on…
Read MoreAs A First Time Offender, What Would Be My Punishment For Possession Of Drugs In Orange County?(H&S 11350 And H&S 11377)
As a first-time offender for a nonviolent drug possession offense in Orange County, you may be eligible for a drug diversion program. California Penal Code Section 1000 and Proposition 36 allow you to attend a drug treatment program instead of going to jail. However, your eligibility will depend on the circumstances of your drug possession charge, your criminal history and your ability to complete drug classes. More specifically: • You…
Read MoreWhat Is The Penalty For Methamphetamine Possession In Los Angeles?
The penalty for methamphetamine possession in Los Angeles will be largely dependent on the criminal history of the person facing the charges and that person’s willingness and ability to complete drug classes if eligible. Possession of methamphetamine is a “wobbler” which means that it can be charged as a misdemeanor or a felony. A misdemeanor conviction is punishable by a fine of up to $1000 and one year in county…
Read MoreWhat are the potential penalties if I am found guilty of Health and Safety Code 11550 for being under the influence of a controlled substance?
If you are found guilty of this offense you are facing a maximum of one year in county jail. However, what makes this a very serious offense is the law requires that you must do a minimum of 90 days in jail for your first offense. This means you need to retain an expert criminal defense law firm such as Wallin and Klarich to do all they can to avoid…
Read MoreWhat kind of punishment will I be facing if I am charged with possession of marijuana, but I have a medicinal marijuana card?
A marijuana card is not a get out of free jail card. A marijuana card does not allow you to carry an unlimited amount of marijuana. Typically, anyone who possesses 28.5 grams or less of marijuana is guilty of a misdemeanor and will be fined up to $100. If the defendant has been previously convicted of possession of marijuana three or more times, the court shall divert and refer him…
Read MoreCan i be charged with sales a month after i supposedly sold the drugs?
A person can be accused of drug sales for up to three years after the actual drug sale happened. This is because the prosecutors have up to three years to bring felony drug sales charges under our statute of limitations. The District Attorney can rely on direct as well as circumstantial evidence in which to attempt to convict a person. However, your criminal defense attorney can aggressively challenge the charges…
Read MoreI was arrested for possession of cocaine when the police officer stopped my car for speeding and then searched my car and found the cocaine in the trunk? Was it legal for him to search my trunk?
The police officer has to have probable cause to search your vehicle. IF he only stopped you for speeding and there was no other “smell” of illegal drug use and no other evidence to support “probable cause” then the police officer likely violated your constitutional rights when he searched your trunk. This assumes you did not give him consent to search your trunk. You should immediately retain an experienced criminal…
Read MoreI have been placed on formal probation for a drug offense. I was not given any jail sentence. Will I required to “drug test” by my probation officer during my probationary period? What will happen if I fail the drug test?
YES, it is a standard condition of probation when you are convicted of a drug offense that you be required to “drug test” on a random basis as required by your probation officer. If you were to come back with a “dirty test” the probation office can arrest you and file a probation violation against you. You would likely remain in custody pending the probation violation hearing. The judge would…
Read MoreWhat kind of punishment will I be facing if I am charged with possession of marijuana, but I have a medicinal marijuana card?
If you are charged with a California state crime of possession of marijuana and you had a valid prescription from a doctor at the time you were cited or arrested for possession, your case should be dismissed. California state law allows you to possess marijuana provided you have a medical marijuana card at the time. Federal law still makes possession of marijuana a crime, but state law does not.
Read More