In November 2004 California voters passed Proposition 69, the "DNA Fingerprint, Unsolved Crime and Innocence Protection Act to expand and modify state law regarding the collection and use of criminal offender DNA samples and palm print impressions. The proposition required collection of DNA samples from all felons, and from adults and juveniles arrested for or charged with specified crimes, and submission to state DNA database; and; in five years, from adults arrested for or charged with any felony. The proposition required that beginning on Jan. 1, 2009, authorities must take a sample from any adult who is arrested for a felony, regardless of whether that person is ever charged or convicted of a crime. According to Jill Spriggs, the chief of California's Bureau of Forensic Services there are more than 1.3 million DNA samples in its database. This is the largest library of DNA samples of any state, the third largest in the world behind the United States and the United Kingdom, and it is growing at a rate of 25,000-30,000 samples per month, according to Jill Spriggs, the database turns up roughly 300 genetic matches per month.
Since the passage of Proposition 69 thousands of samples have been taken from people, some of whom have never been charged with a crime. One of these people was Elizabeth Haskell, who was arrested during an anti-war rally in San Francisco. Suspected of aiding another protester escape from police custody, she was herself taken into custody and given a choice, she could either provide a DNA sample, or spend more time in custody. She provided the sample, in the end however no charges where ever filed. Haskell and another individual have filed suit in federal court and are being represented in the suit by the American Civil Liberties Union. They want the court to restrict California's DNA collection so that it will only apply to convicted felons.
If you are facing possible arrest for a felony charge call the attorneys at the Law Offices of David M. Wallin.
Friday, November 6, 2009
Vehicle Code Section 23154-Zero Tolerance for DUI
Earlier this year California law changed for individuals who are on probation for driving under the influence of alcohol. If a probationer is lawfully detained by police while operating a motor vehicle and has a measurable amount of alcohol in their system, then their driver’s license can be suspended for one year, their vehicle can be impounded, and this is in addition to a possible violation of probation.
California Vehicle Code Section 23154 states:
(a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (
c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).
(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
Once cited for a violation of Vehicle Code section 23154 you have only 10 days to request a hearing or your license will automatically be suspended for one year.
If you are accused of driving under the influence of alcohol, it is imperative that you have an experienced criminal defense attorney, like the attorneys at the Law Offices of David M. Wallin to examine the circumstances of your case, and that the strongest possible defense is mounted on your behalf.
California Vehicle Code Section 23154 states:
(a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (
c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).
(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
Once cited for a violation of Vehicle Code section 23154 you have only 10 days to request a hearing or your license will automatically be suspended for one year.
If you are accused of driving under the influence of alcohol, it is imperative that you have an experienced criminal defense attorney, like the attorneys at the Law Offices of David M. Wallin to examine the circumstances of your case, and that the strongest possible defense is mounted on your behalf.
CIVILIANS CRUISING AGAINST CRIME
In Newark, New Jersey, concerned citizens and government workers are patrolling neighborhoods in order to reduce crime. In a city where crime is a major problem, non-law enforcement people are getting involved in the fight against crime.
This conduct may unfortunately give rise to vigilantism. Citizens are not equipped to protect against crime. That is what trained law enforcement is for. In addition, when citizens take the law into their own hands, they may find themselves the accused.
Understandably, everyone wants crime to be lower and will do whatever it takes to accomplish that. The problem is letting un-trained, non-professionals be involved in crime fighting.
We, at the Law Offices of David M. Wallin, do not endorse taking the law into your own hands. If you or your loved one finds yourself on the wrong side of the law, then we are the firm for you. We take great pride in providing the best criminal law defense in the Antelope Valley, Santa Clarita Valley, Victorville and all courts in Los Angeles County, Ventura County, and part of Orange County and Kern County. Call or come in and see us so we can show you how much we care.
This conduct may unfortunately give rise to vigilantism. Citizens are not equipped to protect against crime. That is what trained law enforcement is for. In addition, when citizens take the law into their own hands, they may find themselves the accused.
Understandably, everyone wants crime to be lower and will do whatever it takes to accomplish that. The problem is letting un-trained, non-professionals be involved in crime fighting.
We, at the Law Offices of David M. Wallin, do not endorse taking the law into your own hands. If you or your loved one finds yourself on the wrong side of the law, then we are the firm for you. We take great pride in providing the best criminal law defense in the Antelope Valley, Santa Clarita Valley, Victorville and all courts in Los Angeles County, Ventura County, and part of Orange County and Kern County. Call or come in and see us so we can show you how much we care.
HUSBAND KILLER’S SENTENCE TOSSED OUT IN TEXAS
A woman who stabbed her husband 193 times had her sentence thrown out because her trial attorney’s did a deficient job at the penalty phase of her trial. They did not properly provide information for the court to consider when sentencing her.
This is why it is of utmost importance to have counsel who will zealously represent their clients at all stages of the criminal case. The penalty phase is very important because it can mean the difference between life and death.
Every attorney should ensure that all relevant evidence is presented at the penalty portion of the trial so the sentence can be mitigated as much as possible.
Here, at the Law Offices of David M. Wallin, we zealously represent our clients at all stages of a criminal case. Make sure you or your loved one has the best attorney possible, it may mean the difference between life and death. Come see or call the best criminal law firm covering the Antelope and Santa Clarita Valleys, Victorville, and all courts in Los Angeles County, Ventura County, and parts of Orange County and Kern County.
This is why it is of utmost importance to have counsel who will zealously represent their clients at all stages of the criminal case. The penalty phase is very important because it can mean the difference between life and death.
Every attorney should ensure that all relevant evidence is presented at the penalty portion of the trial so the sentence can be mitigated as much as possible.
Here, at the Law Offices of David M. Wallin, we zealously represent our clients at all stages of a criminal case. Make sure you or your loved one has the best attorney possible, it may mean the difference between life and death. Come see or call the best criminal law firm covering the Antelope and Santa Clarita Valleys, Victorville, and all courts in Los Angeles County, Ventura County, and parts of Orange County and Kern County.
D.C. SNIPER SET TO DIE BY LETHAL INJECTION
The D.C. sniper is going to be executed by lethal injection next month. He had the choice of execution by electrocution or lethal injection. Since he did not choose, state law defaults to lethal injection.
This brings up an issue whether capital punishment serves justice or is cruel and unusual punishment. If one innocent person dies, that is morally objectionable in our civilized society. With today’s advancements in DNA evidence and so forth, we cannot kill people without knowing 100% they deserving.
This means no one should die because we may never know 100%. The death penalty ultimately hurts the person not able to sufficiently defend him or herself.
Here, at the Law Offices of David M Wallin, we take great care in ensuring a person is provided with every possible defense to a particular charge. Put your trust in us, so we can help you or your loved one. Make sure you or your loved one is protected and hopefully will never have to face the death penalty. Come see or call the best criminal law firm covering the Antelope and Santa Clarita Valleys, Victorville, and all courts in Los Angeles County, Ventura County, and parts of Orange County and Kern County.
This brings up an issue whether capital punishment serves justice or is cruel and unusual punishment. If one innocent person dies, that is morally objectionable in our civilized society. With today’s advancements in DNA evidence and so forth, we cannot kill people without knowing 100% they deserving.
This means no one should die because we may never know 100%. The death penalty ultimately hurts the person not able to sufficiently defend him or herself.
Here, at the Law Offices of David M Wallin, we take great care in ensuring a person is provided with every possible defense to a particular charge. Put your trust in us, so we can help you or your loved one. Make sure you or your loved one is protected and hopefully will never have to face the death penalty. Come see or call the best criminal law firm covering the Antelope and Santa Clarita Valleys, Victorville, and all courts in Los Angeles County, Ventura County, and parts of Orange County and Kern County.
JUDGE REVOKES BAIL FOR EX-POLICE COMMISSIONER
A federal judge in New York revoked the $500,000 bail for an ex-police commissioner who divulged sealed case information. He will now have to sit in jail awaiting trial. This brings up the issue of the purpose of bail.
Everyone is guaranteed the right to a reasonable bail as laid out in the Constitution of the United States. In addition, bail is used to ensure a defendant in a criminal law case will appear in court. The two main issues a judge uses in determining the bail are flight risk and danger to the community.
Depending on how a judge views those particular issues will determine how high or low a person’s bail is set. Of course, in the best case scenario a judge will allow a person to be released on their own recognizance without having to post bail.
Here, at the Law Offices of David M. Wallin, we take the issue of bail with the utmost of importance. Bail is the first huge issue in dealing with any criminal law case. Our top priority is to give the judge all the relevant information to give each client the best possible chance for a favorable bail resolution.
Everyone is guaranteed the right to a reasonable bail as laid out in the Constitution of the United States. In addition, bail is used to ensure a defendant in a criminal law case will appear in court. The two main issues a judge uses in determining the bail are flight risk and danger to the community.
Depending on how a judge views those particular issues will determine how high or low a person’s bail is set. Of course, in the best case scenario a judge will allow a person to be released on their own recognizance without having to post bail.
Here, at the Law Offices of David M. Wallin, we take the issue of bail with the utmost of importance. Bail is the first huge issue in dealing with any criminal law case. Our top priority is to give the judge all the relevant information to give each client the best possible chance for a favorable bail resolution.
ILLINOIS GUNMAN FOUND UNFIT FOR TRIAL
The Illinois man who gunned down a pastor in front of his congregation has been found mentally unfit to stand trial. This brings up an issue how the criminal law system deals with mentally ill people. To most, mentally ill people are dangerous and should therefore be thrown in jail.
The problem with this outcome is that most mentally ill people need medical and psychological care in order to function. Treatment is recommended over incarceration. However, it is easy to see the violence perpetrated by some mentally ill people and believe the only answer is to lock them up and throw away the key.
This is, of course, barbaric to treat people that way. If someone is mentally unfit to stand trial for their alleged crimes, it seems only just to try to treat them prior to punishment.
Here, at the Law Offices of David M. Wallin, we deal with all sorts of clients and their individual problems both mental and physical. We have the professional staff and experience to deal with the widest array of difficulties. Please let us help.
The problem with this outcome is that most mentally ill people need medical and psychological care in order to function. Treatment is recommended over incarceration. However, it is easy to see the violence perpetrated by some mentally ill people and believe the only answer is to lock them up and throw away the key.
This is, of course, barbaric to treat people that way. If someone is mentally unfit to stand trial for their alleged crimes, it seems only just to try to treat them prior to punishment.
Here, at the Law Offices of David M. Wallin, we deal with all sorts of clients and their individual problems both mental and physical. We have the professional staff and experience to deal with the widest array of difficulties. Please let us help.
MEDICAL USE OF MARIJUANA
Federal prosecutors will not arrest medical marijuana users in the 14 states that allow for the legal use of medical marijuana. This is the information provided in a new memo from the Justice Department detailing their new guidelines on the subject of medical marijuana.
However, federal agents will still arrest people who distribute medical marijuana outside what the law allows them to do. This policy change hopefully signifies the federal government’s shifting its focus from medical marijuana users obeying state law to people distributing harder drugs or medical marijuana outside its scope.
National drug policy has always been a difficult subject especially when it conflicts with state law. Of course, not all states allow for medical marijuana.
Here, at the Law Offices of David M. Wallin, we deal with many kinds of drug cases prosecuted under state law, from simple marijuana possession to possession for sales of hardcore narcotics. If you want your rights protected, please make an appointment to speak with us.
However, federal agents will still arrest people who distribute medical marijuana outside what the law allows them to do. This policy change hopefully signifies the federal government’s shifting its focus from medical marijuana users obeying state law to people distributing harder drugs or medical marijuana outside its scope.
National drug policy has always been a difficult subject especially when it conflicts with state law. Of course, not all states allow for medical marijuana.
Here, at the Law Offices of David M. Wallin, we deal with many kinds of drug cases prosecuted under state law, from simple marijuana possession to possession for sales of hardcore narcotics. If you want your rights protected, please make an appointment to speak with us.
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