Law Offices of David M. Wallin

Drunk Driver Who Crashed his Car into Prison Sentenced to Nine Years

2010-06-14T10:33:00.000-07:00

Just after 2 a.m. on January 10 Matthew Van McDaniel crashed his Mercedes S550 through the gates of the Musick Correctional Facility in Irvine, while under the influence. McDaniel was driving with a blood alcohol level of 0.14 percent, when he lost control and crashed through the gates of the prison, he got out of the car which was still in gear and it crashed into a tree. When a correctional officer tried to restrain him, he punched the sergeant in the face and broke the officer's nose.

McDaniel pleaded guilty to one felony count of aggravated assault on an officer, one felony count of an ex-convict entering grounds of a correctional facility, one misdemeanor count of reckless driving, and one misdemeanor count of driving under the influence of alcohol and, one misdemeanor count of driving with a blood level of .08 percent or more. The court also found true a sentencing enhancement for causing great bodily injury and that in 2003 he had a prior strike conviction for assault with a deadly weapon when McDaniel was sentenced to nine years in state prison.

If you have been arrested for driving under the influence or know someone who has, please contact the Law Offices of David M. Wallin to speak with criminal defense attorneys with a combined 50 years of criminal law experience representing thousands of people charged with driving under the influence.

Lindsay Lohan Posts Bail…What’s Next?

2010-06-14T10:32:00.000-07:00

Just a few hours after Judge Marsha Revel issued a bench warrant and set bail at $100,000, for Lindsay Lohan, her business manager, Lou Taylor, has posted $10,000, the standard 10% with David Perez Bail Bonds and the warrant was recalled. Had Lohan not recalled the bench warrant out for her arrest, she could have been detained and/or arrested upon landing and coming through customs. "If Los Angeles County says, 'Yes, the warrant is active, and yes, we would like to extradite,' then we would turn over a subject to the local police department who would coordinate with the agency that issued the warrant," according to Customs and Border Protection spokesman John Saleh. Lindsay will still have to appear in court on Monday for Judge Revel to set the formal terms of her release. A formal probation violation hearing date will also need to be set for Judge Revel will determine whether or not, Lindsay Lohan was in violation of her probation. The district attorney's office has already said they will seek the maximum sentence for Lohan, 180 days behind bars.

If you are looking for a lawyer experienced in criminal defense and probation violation hearings, please contact the Law Offices of David M. Wallin, we have almost 50 years of combined criminal law experience.

Arrest Warrant issued for Lindsay Lohan

2010-06-14T10:31:00.002-07:00

Judge Marsha Revel has issued an arrest warrant and set bail at $100,000 for Lindsay Lohan after she failed to appear at a progress review hearing on Thursday. Lohan’s attorney Shawn Chapman Holley told the judge the actress's passport was stolen at the Cannes Film Festival this week. "She filed a police report. She intended to fly back at the earliest possible time. I don't know what else to tell you. She had reservations for a flight," she added. Judge Revel countered, "There is no valid excuse for Lohan not being here.” "If she wanted to be here, she could've been here. She could've come two days early from Cannes. She has a history of not keeping scheduled appointments. She has to take this seriously. I've warned her before." The Judge also ordered that if Lohan posts bail she is to abstain from alcohol, be fitted with a SCRAM (Secure Continuous Remote Alcohol Monitor) bracelet, and be subject to random drug testing once a week. A probation violation hearing date is pending Lohan's return to court, Judge Revel said Lohan may be in violation of her probation because she previously ordered the actress to attend the class at least "once a week without fail.” An arrest warrant was previously issued against Lindsay Lohan, on March 13, 2009. The actress is serving out a three-year probation after pleading no contest to two charges of DUI and pleading guilty to two charges of being under the influence of a controlled substance and reckless driving in 2007.
If you have a warrant for your arrest, please contact the Law Offices of David M. Wallin to speak with criminal defense attorneys with a combined 50 years of criminal law experience recalling warrants.

DUI Checkpoints Planned for Highland and Victorville

2010-06-14T10:31:00.001-07:00

The San Bernardino County Sheriff's Department have planned checkpoints this Memorial Day weekend in Highland and Victorville.

Deputies will be stationed at Baseline and Central Avenue in Highland from 6 p.m. Friday to 2 a.m. Saturday. A checkpoint is also planned for 6 p.m. Friday in Victorville but a specific location has not been released.

If you have been arrested for driving under the influence or know someone who has, please contact the Law Offices of David M. Wallin to speak with criminal defense attorneys with a combined 50 years of criminal law experience representing thousands of people charged with driving under the influence.

Orange County Sheriff’s Deputy Arrested for DUI After Crashing Twice in 30 Minutes

2010-03-31T05:07:00.001-07:00

An off-duty Orange County Sheriff’s deputy, was arrested when he crashed his Mercedes-Benz into another vehicle, he had crashed 30 minutes earlier and was allowed to drive away from that accident scene by fellow deputies.

Sheriff’s deputies were called to a crash involving Deputy Allan James Waters, 36, and another vehicle outside City Hall in Dana Point. The responding deputies took a police report but permitted Waters to leave the scene.

Waters was involved in a second accident when he crashed his Mercedes-Benz into a Toyota, a 78-year-old passenger in the Toyota, suffered minor injuries according to the California Highway Patrol.

CHP officers, who responded to the second accident said Waters showed signs of being intoxicated and was booked on suspicion of driving under the influence. Waters is a 13-year veteran of the Orange County Sheriff’s Department, assigned to south Orange County, according to the Sheriff’s Department. The department is conducting an investigation to determine why Waters was allowed to drive away from the earlier accident.

If you have been arrested for driving under the influence or know someone who has, please contact the Law Offices of David M. Wallin for an experienced criminal defense attorney who has represented hundreds of people charged with driving under the influence.

Woman Gets Life for Setting Exotic Dancer on Fire

2010-03-31T05:06:00.001-07:00

Rianne Theriault-Odom, who was convicted February 11 of torture and mayhem for setting an exotic dancer on fire outside a Tarzana bikini bar was sentenced Thursday to life in prison. The jury had acquitted the 28-year-old defendant of attempted murder. Theriault-Odom had argued with the victim, Roberta Busby outside Babes & Beer on Feb. 5, 2009, and then doused the mother of two with an accelerant and set her on fire.

Busby who worked as a dancer at the time of the attack was left severely scarred and has undergone more than two dozen operations.

Busby who spoke at the sentencing hearing asked that the judge “hand down a punishment that will keep her [Theriault-Odom ] away from society for the rest of her natural born life."

Van Nuys Superior Court Judge Susan Speer imposed the life term on Rianne Theriault-Odom.

If you are charged with a violent offense it is imperative that you have an experienced and competent criminal defense attorney representing you, contact the Law Offices of David M. Wallin now for a free consultation.

NEWLYWEDS SPEND FIRST NIGHT IN JAIL

2010-03-31T05:04:00.002-07:00

A newlywed Massachusetts couple spent their wedding night in separate cells. The bride tried to run over the groom’s ex-girlfriend and her son. The bride is being charged with assault with a deadly weapon and the groom is being charged with disorderly conduct. He was in the passenger seat while the bride was driving.

In California, if you are convicted or plead to assault with a vehicle you will lose your driver’s license for life. It is extremely important to have a knowledgeable attorney on your side to minimize and/or eliminate the damage.

If you or a loved one is charged with assault with a vehicle, call us now at the Law of Offices of David M. Wallin. We have free consultations. We make it our top priority in cases like this to save our client’s driver’s licenses. Although, we cannot guarantee the future, we have 50 years plus experience talking to prosecutors and trying to convince them to allow our client’s to remain driving. We are 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.

COURT LOOKS AT SECOND AMENDMENT

2010-03-31T05:04:00.001-07:00

The Supreme Court suggested it will strike down U.S. cities’ outright bans on handguns. Chicago residents are challenging a handgun ban that affects that city. The justices did indicate less severe limits could survive.

Anytime, a crime is committed with a gun the potential punishment drastically increases. Therefore, it is of utmost importance to have a well qualified attorney representing you. In California, expect if a gun is involved on a crime, the district attorney’s office will want to prosecute that much stronger.

If your or a loved one is charged with a crime where a firearm is involved, call us immediately at the Law Offices of David M. Wallin. There is too much at stake to leave your fate in the hands of the lesser experienced. We have 50 years plus experience helping people charged with gun crimes. Minimizing and eliminating these potential negative consequences is the number one goal. . We are 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.

ARSON SUSPECTS GREW UP TOGETHER

2010-03-31T05:03:00.000-07:00

The two arson suspects arrested for allegedly setting multiple fires grew up together in a small church not far from others set ablaze. Books detailing atheism and devil worship were found at one of the suspect’s houses during a pre-dawn raid. Each suspect faces one count of felony arson.

Arson is a very serious charge to be charged with because it carries with it the potential of doing many years in state prison as well as having to register as an arson offender. Make sure you are protected in the event you are charged with or being investigated for arson.

If you or a loved one have been charged with or being investigated for arson, please call us at the Law Offices of David M. Wallin. We have a total of 50 years plus experience dealing with clients charged with arson. It is important to have legal representation because you need someone in your corner that will fight hard for you. Make sure you are protected as best as possible. We are 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.

Manhattan Beach Police Officers Accused of Covering up Hit and Run Crash

2010-03-13T07:57:00.000-08:00

Four Manhattan Beach police officers have been placed on leave amid allegations that they covered up a hit-and-run crash involving a fellow police officer. According to the Daily Breeze a car driven by a Manhattan Beach police officer collided with two other vehicles. The driver fled the scene, abandoning his vehicle at an Arco gas station, when Manhattan Beach police officers were called to investigate they learned that the driver was a fellow Manhattan Beach police officer, no arrests were made and a police report was not taken. When Manhattan Beach Police Chief Rod Uyeda learned of the incident the next day he contacted the Los Angeles County Sheriff’s Department to investigate and issued a statement denouncing the behavior of his officers.

If you have been arrested for hit and run contact the Law Offices of David M. Wallin for an experienced criminal defense attorney to represent you.

LOS ANGELES COUNTY HIT AND RUN DEFENSE, KERN COUNTY HIT AND RUN DEFENSE, VICTORVILLE HIT AND RUN DEFENSE, SOUTHERN CALIFORNIA HIT AND RUN DEFENSE

Riverside Police Chief Russell Leach Retires following DUI Crash

2010-03-13T07:56:00.000-08:00

Riverside Police Chief Russell Leach retired a few days after he crashed a city-owned vehicle into a light post and a fire hydrant. The city owned Chrysler 300M sustained major front end damage and the tires on the vehicle’s left side were destroyed. Leach drove another three miles before being pulled over by a Riverside police patrol unit. A six-page collision report filed by the police officers who conducted the traffic stop indicated that Leach had been drinking. Leach has also admitted that prescription medication that he was taking contributed to the accident. According to California Highway Patrol Inland Division Chief Jeff Talbot, "Chief Leach was driving on Central Avenue and allowed his car to drift off the road," "I understand that two of the tires were down to the rim." The CHP is investigating the incident, but Talbot said it was too early in the investigation to determine the cause of the accident or whether alcohol was involved. Talbot said Riverside Police Deputy Chief John De La Rosa contacted him Tuesday and asked the CHP to investigate the accident. "He thought it would be in the best interests of everyone for us to do it," Talbot said. "They wanted us to come in because we are completely unbiased." The CHP will often handle criminal investigations when they involve officers from other law enforcement agencies. Ironically Leach spoke out against drunk driving saying, "Designating a sober driver should be on the top of everyone's Super Bowl party list," "It's just one of several easy steps to help save lives." According to the Riverside City Manager’s Office Leach, 61, was retiring for medical reasons, effective immediately. He had been on medical leave since the crash.

Driving under the influence is a common offense but it is still imperative that you have an experienced and competent criminal defense attorney to represent you if you are charged, contact the Law Offices of David M. Wallin now for a free consultation.

LOS ANGELES COUNTY DUI DEFENSE, KERN COUNTY DUI DEFENSE, VICTORVILLE DUI DEFENSE, CALIFIORNIA DUI DEFENSE, CALIFORNIA DUI ACCIDENT

Nancy Kerrigan’s Brother Freed on $ 50,000 Bail

2010-03-13T07:54:00.000-08:00

Mark Kerrigan, the brother of figure skater Nancy Kerrigan, charged with assaulting his father, Daniel Kerrigan in their home shortly before his death, was released from custody Wednesday after his family posted $10,000 bail. Daniel Kerrigan, was found unconscious on the floor of his home January 24 by police responding to an emergency call. He was taken to a hospital and pronounced dead. The state medical examiner has ruled that Daniel Kerrigan's cause of death was "cardiac dysrhythmia. Mark Kerrigan, was freed on bail after he completed a psychiatric evaluation at Bridgewater State Hospital, he must wear a global positioning device and be monitored for alcohol consumption.

If you or someone you know is facing criminal charges, you need an experienced criminal defense attorney to help you, call the Law Offices of David M. Wallin.

LOS ANGELES COUNTY CRIMINAL DEFENSE, KERN COUNTY CRIMINAL DEFENSE, VICTORVILLE CRIMINAL DEFENSE, SOUTHERN CALIFORNIA CRIMINAL DEFENSE

Former “American Idol” Contestant Arrested for Identity Theft

2010-03-13T07:53:00.000-08:00

Chikezie Eze, a contestant on the seventh season of 'American Idol,' was arrested for identity theft Thursday night at Neiman Marcus in Beverly Hills. Eze says he was trying to buy two bottles of cologne with a card he had never used before and it was flagged because there was something "untrue" on his credit card application. It is unknown what the “untrue” information was, Eze was recognized by the cashier and was detained by store security until police arrived. Eze was taken to a Beverly Hills jail and booked on felony identity theft. He is currently being held on $50,000 bail.

If you have been arrested for identity theft or know someone who has, please contact the Law Offices of David M. Wallin for an experienced criminal defense attorney to assist you.

LOS ANGELES COUNTY IDENTITY THEFT DEFENSE, KERN COUNTY IDENTITY THEFT DEFENSE, VICTORVILLE IDENTITY THEFT DEFENSE, SOUTHERN CALIFORNIA IDENTITY THEFT DEFENSE

Checkpoints Catch More Than Drunk Drivers

2010-03-13T07:52:00.000-08:00

State officials have declared that 2010 is the “Year of the Checkpoint.” Police agencies are scheduling 2,500 checkpoints throughout California and some departments routinely include checking for unlicensed drivers. Sobriety checkpoints in California are becoming increasingly profitable for police departments, an investigation by the Investigative Reporting Program at UC Berkeley with California Watch found that impounds at checkpoints in 2009 generated an estimated $40 million in towing fees and police fines. In addition, police officers received about $30 million in overtime pay for the DUI crackdowns, which are funded by the California Office of Traffic Safety. The Investigative Reporting Program also found that officers impounded more than 24,000 vehicles at checkpoints with only 3,200 drunken driving arrests. Last year, the LAPD on average assigned 35 police officers to each checkpoint and averaged 6 DUI arrests and impounded 20 to 30 vehicles. Most of the roadblocks over the past two years occurred in or near Hispanic neighborhoods, the Investigative Reporting Program’s analysis shows. Sixty-one percent of the checkpoints occurred in locations with at least a 31 percent Hispanic population.
If you are charged with driving without a license offense it is imperative that you have an experienced and competent criminal defense attorney to represent you, contact the Law Offices of David M. Wallin now for a free consultation.

LOS ANGELES COUNTY UNLICENSED DRIVER DEFENSE, KERN COUNTY UNLICENSED DRIVER DEFENSE, VICTORVILLE UNLICENSED DRIVER DEFENSE, CALIFIORNIA UNLICENSED DRIVER DEFENSE, CALIFORNIA UNLICENSED DRIVER ACCIDENT

MICHAEL DOUGLAS’ SON DENIED BAIL

2010-03-13T07:51:00.001-08:00

The son of actor Michael Douglas has been denied bail in his federal drug dealing case. He faces a minimum 10-year prison sentence.

Usually, bail is denied to someone if they are an extreme flight risk or danger to the community.

If you have questions about bail or want a bail review for yourself or a loved one in custody please call us at the Law Offices of David M. Wallin to discuss your options. We have 50 plus years experience preparing for and conducting bail review hearings. Give yourself the best chance of getting out of jail. We are 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.

CRIME LABS NOT ALWAYS RELIABLE

2010-03-13T07:50:00.000-08:00

Due to budget cuts, lack of training, and standards there have been many questions raised about the reliability of tests conducted by crime labs across the country. That is not to say all crime labs have problems. Only that at some labs there have been errors made that have had a major impact on the cases involved.

Unfortunately, crime lab analysis is not like the CSI television show. In reality, it is not foolproof. Many people have been set free or had sentences reduced after finding out that lab tests were not reliable.

If you believe your case might involve crime lab analysis, please call us at the Law Offices of David M. Wallin to discuss your case. We have 50 plus years experience handling all sorts of lab evidence. Make sure a professional is looking at the tests to verify they are accurate and reliable.

We are 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.

WIFE OF SLAIN OLYMPIAN USES SELF-DEFENSE

2010-03-13T07:49:00.000-08:00

The wife of a former Olympian who police say she gunned down is asserting a “self-defense” defense. She is being charged with murder, however, her attorney says the killing was done to protect herself from abuse.

Self-defense is an affirmative defense to many crimes and if found true would render a person not guilty of the underlying offense. Although self- defense is a complete defense, it is not absolute. This is not intended to be an exhaustive discussion on self-defense.

If you or a loved one believes that self-defense may be an issue in your case please call us at the Law Offices of David M. Wallin immediately to discuss your case. We have a total of 50 years plus experience representing clients with cases where self-defense is a major issue. Make sure the attorney you have is experienced in presenting the defense the best way to get the most out of it. We want to make sure that our clients with a “self-defense” defense are given the best chance for a complete defense and if possible a dismissal of the charges. This is not a guarantee, of course. We are 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.

TIGER WOODS AND HIS ACCIDENT

2009-12-16T08:29:00.002-08:00

We all know by now that Tiger Woods was involved in an early morning accident. We also know that he was not seriously injured. In addition, he has already postponed speaking to police about the incident 3 times. He has said that the incident is a private matter and people should respect his privacy.

The bigger issue is why Tiger Woods is avoiding talking to police? Does he have something to hide or protect? Has he contacted his lawyers who told him to remain silent? We may never know the answers to these questions. The one thing that is glaringly smart on the part of Tiger Woods is the fact he is not speaking to police until he is ready.

Most people do not do this. We all have the constitutional right to remain silent. Exercise it. If you or a loved one has been contacted by law enforcement, call the Law Offices of David M. Wallin before speaking to them. We can help you deal with the police in your stead to try to avoid a criminal case being filed against you or a loved one. We can make arrangements to walk you or a loved in on an arrest warrant. We can be your voice against the police to make sure your or your loved ones rights are protected. We are 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.

METH INCREASE AMID RECESSION

2009-12-16T08:29:00.001-08:00

Amid the recession that has hit the country, methamphetamine use and sales have gone up. Many people who have been negatively affected by the slugging economy have turned to methamphetamine to try to fill the gap. This is an alarming trend that has drained funding that deals with the methamphetamine problem.

People who have a drug problem or people arrested for sales do not have adequate help dealing with their issues. If you or a loved one has been arrested for possession or sales of a controlled substance, the Law Offices of David M. Wallin can help. We have 25 years of experience representing good people with an addiction or who have made a bad choice to sell in a tough economy. Call us immediately for a free consultation. We are 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.

DAD FORCED DAUGHTER TO EAT COCKROACHES

2009-12-16T08:28:00.000-08:00

A Madison, Wisconsin girl has accused her father of choking her, and ordering her to eat cockroaches and a dead mouse. He is being tried for child abuse among other charges.

Here at the Law Offices of David Wallin, we have almost 50 years of legal experience helping people charged with child abuse. If you or a loved one has been charged or is being investigated for child abuse, please call us immediately to protect your rights. We are 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.

INSANITY DEFENSE FOR SHOOTER IN FORT HOOD CASE

2009-12-16T08:26:00.000-08:00

The attorney who is representing the Army psychiatrist accused of killing 13 people during the attack at Fort Hood may use an insanity defense. He would plead not guilty by reason of insanity. He has been charged with 13 counts of premeditated murder. The attorney said he is considering using the insanity defense but it’s too early to be sure.

Using an insanity defense poses many interesting legal issues. First, generally speaking, in order to be successful it must be shown the defendant did not know the difference between right and wrong when committing the crime. That, of course, is no easy task.. Second, if successful, does not mean the person goes home. The person goes to a mental hospital until he or she is found sane, which may never happen.

The above is a general synopsis of the insanity defense. It is not intended to be interpreted as exhaustive of the defense.

If you or a loved one is charged with a crime and there are mental issues involved in the case, please call us here at The Law Offices of David M. Wallin. We have 25 years of experience dealing with mental issues. We are 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.

California's DNA Law Challenged

2009-11-06T06:39:00.000-08:00

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.

Vehicle Code Section 23154-Zero Tolerance for DUI

2009-11-06T06:37:00.000-08:00

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.

CIVILIANS CRUISING AGAINST CRIME

2009-11-06T05:56:00.001-08:00

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.

HUSBAND KILLER’S SENTENCE TOSSED OUT IN TEXAS

2009-11-06T05:55:00.002-08:00

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.

D.C. SNIPER SET TO DIE BY LETHAL INJECTION

2009-11-06T05:55:00.001-08:00

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.

JUDGE REVOKES BAIL FOR EX-POLICE COMMISSIONER

2009-11-06T05:53:00.000-08:00

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.

ILLINOIS GUNMAN FOUND UNFIT FOR TRIAL

2009-11-06T05:52:00.002-08:00

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.

MEDICAL USE OF MARIJUANA

2009-11-06T05:52:00.001-08:00

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.

California Prisons Must Cut Inmate Population

2009-08-10T06:01:00.000-07:00

(Summary of article that appeared in print on August 5, 2009, on page A10 of the New York Times)

A panel of federal judges ordered the California prison system on Tuesday to reduce its inmate population of 150,000 by 40,000 — roughly 27 percent — within two years.

The judges said that reducing prison crowding in California was the only way to change what they called an unconstitutional prison health care system that causes one unnecessary death a week.

In a scathing 184-page order, the judges said state officials had failed to comply with previous orders to fix the prison health care system and reduce crowding.

The judges left it to state officials to come up with a specific plan within 45 days, saying there was “no need for the state to release presently incarcerated inmates indiscriminately in order to comply with our order.” They recommended remedies including imprisoning fewer nonviolent criminals and reducing the number of technical parole violators.

The order is the largest state prison reduction ever imposed by a federal court over the objection of state officials, legal experts said.

Attorney General Jerry Brown said in a telephone interview Tuesday that he intended to appeal the ruling. “Eventually, we’re going to have to go to the Supreme Court because I think the California prisons are spending about $14,000 per year per inmate,” Mr. Brown said, adding that the changes the judges ordered would cost more money, which the state does not have.
The special three-judge panel described a chaotic system where prisoners were stacked in triple bunk beds in gymnasiums, hallways and day rooms; where single guards were often forced to monitor scores of inmates at a time; and where ill inmates died for lack of treatment.

“In these overcrowded conditions, inmate-on-inmate violence is almost impossible to prevent, infectious diseases spread more easily, and lockdowns are sometimes the only means by which to maintain control,” the panel wrote. “In short, California’s prisons are bursting at the seams and are impossible to manage.”

How California Budget Cuts Affect The Court System

2009-07-30T06:49:00.000-07:00

You can’t turn on the TV or pick up a newspaper without hearing or reading something about the California budget crisis. Like so many other state services, the budget cuts are affecting the court system. Some changes you should be aware of are:

(1) Calif. courts to close 1 day a month to save money: The California Supreme Court along with every appellate and trial court in the state, will close the third Wednesday of every month from September 2009 through July 2010 (Los Angeles County Courts started closing one day a week in mid-July). When a person is arrested for a crime, he must by law be brought to court within set periods of time to be permitted to ask for a bail reduction and to plead to the charges. This will mean that many people accused of crimes will have to sit in jail an additional day to wait to come to court.

(2) The Judicial Council increased the fees many litigants have to pay when appearing in court

(3) One of the most controversial proposals in the most recent state budget was the early release of 27,000 inmates from California prisons. The prison cuts were delayed until later this year when, presumably, the hype of the state budget agreement is over and a discussion on inmate release won't be so contentious.

(4) California cuts of Prop. 36 drug treatment funding: Proposition 36, approved by 61 percent of voters in November 2000, enacted the Substance Abuse and Crime Prevention Act effective July 1, 2001. It requires that first- or second-time nonviolent adult drug offenders who use, possess or transport illegal drugs be sent to treatment rather than jail; eligible offenders can get up to a year of drug treatment and six months of aftercare. Offenders found not amenable to treatment can be punished with jail time.

The Legislature and Gov. Arnold Schwarzenegger have agreed to cut Proposition 36 funding, but the underlying sentencing law remains. The courts are still obligated to push the people into treatment, knowing that the funds, the programs, the services aren't there.

Under the budget fixes Schwarzenegger signed into law Tuesday, Proposition 36 funding drops to just $18 million, an 83 percent cut. Even if the state manages to transfer into the program up to $45 million in federal stimulus money — a figure advocates believe to be pie-in-the-sky — that still would amount to a 42 percent reduction from last year's level.

If you’re a client of The Law Offices of David M. Wallin and have any questions about how these changes might affect you or a loved one, please call our office. If you’ve been arrested or accused of a criminal offense, contact us for a free consultation. Our attorney’s and staff have the knowledge and experience to guide you through this difficult time.

We have three offices in Southern California:

Antelope Valley Office
41319 12th Street West, Suite 101
Palmdale, California 93551
(661) 267-1313

Santa Clarita Office
23929 West Valenica Boulevard, Suite 411
Santa Clarita, California 91355
Bank Of America Building
(661) 222-2253

Victorville Office
15437 Anacapa Road, Suite 31
Victorville, California 92392
(760) 241-2013

Can you really afford to risk not getting the best possible legal representation possible?

2009-06-09T14:46:00.000-07:00

When charged with a crime, the importance of hiring an excellent criminal defense attorney cannot be underestimated. Cost can be a major factor for those in need of legal representation, who have two choices, to use a public defender or hire a private attorney. Of course there is no fee if you use a public defender, put that doesn’t mean there isn’t a ‘cost’.

As the economy crisis in California worsens, the state has made many budget cuts and the Public Defender’s office has felt the squeeze. Most offices are understaffed and overworked, which means less time for your court appointed attorney to focus on your case. The obvious risk is that you won’t get the best legal advice and defense. The cost to you may be your freedom, monetary fines, loss of employment and other long term damage from a criminal conviction.

At the Law Firm of David M. Wallin we are committed not only to providing the best legal defense possible for our clients, at a competitive price, but we also work with them to find a payment plan that works for them in these tough economic times.

Our team of attorneys and staff has the time to thoroughly investigate evidence, interview witnesses and work towards the best possible outcome for each client. We carefully evaluate any offer made by the district attorney and give the pros and cons of accepting or declining the offer. We will never pressure you to take a deal just to settle the case quickly.

Navigating the criminal justice system can be a frightening and confusing experience. At Wallin Law we take the time to listen to your concerns and answer your questions, something an overworked public defender may not have the time to do.

Before you make your choice, please call for a free consultation.

Introduction

2008-06-09T09:04:00.000-07:00

Let me introduce myself. I’m David M. Wallin, a Criminal Defense attorney working in Southern California. I graduated from Long Beach State University with a B.S. Degree in Criminology/Administration of Justice. After obtaining that degree, I attended the University of West Los Angeles School of Law, located at the time in Culver City, California. I happened to live in Culver City so it was perfect for me.

Upon graduating from Law School, I interviewed with the Los Angeles County District Attorney's Office. Within a matter of weeks I was hired and was a Deputy District Attorney, a job I held for about 5 years. In that time I handled thousands of cases as well as participating in an excess of 100 Jury Trials. I worked a variety of assignments from Juvenile Law to all aspects of Adult Prosecution.

Upon leaving the DA's office I began work for another criminal defense firm. In the years I worked there I handled hundreds of cases and defended many people at jury trials.

After leaving that firm, I began my own firm. I started the firm with just myself and one paralegal. I began with a simple idea - Work hard for your clients; always speak truthfully to your clients and charge a fair rate.

Too many attorneys out there will either promise clients whatever they want to hear or scare them into believing the case is worse than it is. I vow never to play those games. At our office we will always let our clients know what they're facing and the plan to try to assist them to maximize their chances of either a dismissal of the charges or a reduction of the charges.

Now it's been almost 18 years that I've practiced nothing but criminal law. I'm sure I've handled or participated in an excess of 100,000 cases by now. I have also been honored with certification as a Criminal Law Specialist in the state of California.
Since I first started by own firm, it’s grown into the largest Criminal Defense Firm in the High Desert and Northern Los Angeles County area. Two expertly trained lawyers plus 6 highly proficient paralegals have joined the team. I now have three offices located in Southern California located in Palmdale, Santa Clarita and Victorville.

Our website – located at http://www.wallinlaw.com/ - continues to grow and currently we are increasing our online marketing and web presence.