Law Offices of Derek P. WisehartVisalia Criminal Defense Lawyer | Tulare County Injury Attorney2026-07-17T09:13:40Zhttps://www.dwisehartlaw.com/feed/atom/WordPressOn Behalf of Law Offices of Derek P. Wisehart<![CDATA[New California law affects access to mental health diversion programs]]>https://www.dwisehartlaw.com/?p=479282026-07-14T09:14:44Z2026-07-17T09:13:40Zmental disorder was a significant factor in the commission of the charged offense” as long as the defendant would “not pose an unreasonable risk of danger to public safety.”
What changes under the new law?
This year, California state lawmakers modified that. They overwhelmingly passed legislation that Gov. Gavin Newsom signed into law effective at the end of June. It gives judges broader discretion in denying defendants’ requests to participate in a mental health treatment program in lieu of incarceration.
Under the new law, judges are required to consider whether not incarcerating someone would “endanger public safety.” They must determine that a defendant “will not pose a substantial and undue risk” to anyone else’s safety if they receive treatment without being incarcerated.
This may seem like a subtle difference. However, those who supported the change, including law enforcement organizations, asserted that too many people who were placed in diversion programs ended up being charged with other, more serious offenses. They and lawmakers who supported the legislation claimed that judges were sometimes “forced” to put people in diversion programs when they weren’t comfortable doing so.
Those opposed to the new law argued that it actually takes away discretion and flexibility from judges and will likely prevent many eligible people from being able to benefit from these mental health treatment programs.
The new law makes it more critical than ever that those who can benefit more from mental health diversion than incarceration make a strong case based on the current law. Getting experienced legal guidance is an important first step in this regard.]]>On Behalf of Law Offices of Derek P. Wisehart<![CDATA[What is the fruit of the poisonous tree?]]>https://www.dwisehartlaw.com/?p=479252026-06-30T10:16:13Z2026-07-03T10:15:39ZThe “fruit of the poisonous tree” is a legal doctrine that can affect evidence in criminal defense cases. In some situations, it may mean that evidence has to be omitted from court or cannot be used against the defendant.A key component of this doctrine is that an illegal act by the authorities can poison the entire tree, including any of the “fruit” or evidence that is then discovered. That evidence itself may be incriminating, but the illegal action used to obtain it could invalidate the evidence and keep it out of court.
An illegal search
A common example of how this happens is if police officers perform an illegal search.For instance, say that they come to your home. There is not an emergency, so they cannot enter immediately. Instead, they ask for your consent. They want to come in and take a look around. They may not say it directly, but they are looking for evidence against you.If you refuse to give consent, then the officers are generally required to get a search warrant. But if they force their way into your home anyway, even if they find evidence that would otherwise lead to a conviction, they have illegally obtained that evidence by virtue of conducting the illegal home search. Due to the fruit of the poisonous tree doctrine, they may not be able to use the evidence against you, even if they make an arrest.Issues like this can certainly be complicated and may have a dramatic impact on your case when facing criminal charges. Be sure you know what defense options you have at this time.
]]>On Behalf of Law Offices of Derek P. Wisehart<![CDATA[Quantifying the effects of an injury after a crash]]>https://www.dwisehartlaw.com/?p=479232026-06-16T07:19:10Z2026-06-19T07:18:29ZQuantifying the effects of the injury after a crash isn’t always easy, particularly when you begin to delve into the multitude of effects they may experience.
How might an injury affect the victim?
Some injuries can affect a person’s ability to work, sleep and handle daily life tasks. Their work capacity, mood and health might also be affected. Taking all of these into account when determining how the injury changed their daily life is critical.
Quantifying the injuries often starts with looking at the medical records showing the diagnosis and treatment plan. These records can help to connect the injury to the crash and show how the symptoms they’re experiencing are affecting them now.
How are losses quantified?
It’s often easier to quantify financial losses than non-financial losses. On the financial side, loss of income, medical expenses and home modifications are some of the expenses that can be included. On the non-financial side, pain, loss of independence, stress and anxiety are some of the factors to consider.
Quantifying the full effects of injury can be challenging, and there’s typically only one opportunity to receive compensation for the crash. Getting experienced legal guidance as early as possible can be beneficial in determining the total damages to seek and in successfully obtaining fair compensation.]]>On Behalf of Law Offices of Derek P. Wisehart<![CDATA[Carefully document the results of a crash]]>https://www.dwisehartlaw.com/?p=479202026-06-03T13:35:15Z2026-06-08T13:34:04ZMotor vehicle crashes can lead to significant injuries that may lead to lifelong medical care needs. If you’re involved in a crash like this, you may decide that you need to seek compensation for the financial damages you’re facing. Doing so will typically mean that you need to have documentation of the injuries and damages.Documentation serves several purposes. It can link the injury with the incident. It can also link the expenses to the injuries. Having documentation that shows exactly what happened and how it affected you can be beneficial when you opt to seek compensation.
What types of documentation should you keep?
It’s a good idea to keep anything that’s related to the crash until your claim is settled. This increases the likelihood that you’ll be able to show proof of anything asked of you. The documentation may start at the scene of the crash. If you can and if it’s safe to do so, try to get photos of the scene, including the vehicles and anything around them that shows the conditions. Getting photos of the injuries you suffered may also be beneficial. Medical records are another type of documentation that’s important. Even though you may not have symptoms at the scene, it’s still a good idea to seek medical attention. If symptoms show up later, be sure to get care for those. You should keep track of the diagnosis, treatment plan and any restrictions you’re given. Keeping notes about how the injury is affecting you, including how much work you’re missing, is also beneficial. Additionally, keep proof of any paid time off or sick leave you’re taking as you heal from the injuries. You only have a limited time to file your compensation claim. Working with someone familiar with these matters may be beneficial, so they can work on the case while you focus on healing.
]]>On Behalf of Law Offices of Derek P. Wisehart<![CDATA[Why are collaborative courts a benefit?]]>https://www.dwisehartlaw.com/?p=478502026-05-19T16:01:51Z2026-05-22T16:01:14ZCollaborative courts are designed to help people solve legal issues through support, treatment and accountability instead of punishment alone. These courts focus on cases involving mental health, substance use, veterans or family matters. Instead of moving quickly through the traditional court process, collaborative courts bring together judges, counselors, treatment providers and community programs to help you make long-term changes.
Many people enter the justice system during difficult moments in life. A collaborative court recognizes that some problems are connected to deeper struggles. These programs aim to reduce repeat offenses while helping you rebuild stability at home, work and in your community. The process is more personal, and it often encourages communication and progress instead of conflict.
A different path toward real change
Collaborative courts can offer benefits that traditional courtrooms may not always provide. Depending on your situation, they help you focus on recovery, responsibility and future goals. Some of the key advantages include:
Access to treatment programs and counseling
Regular check-ins that help track progress
Support with housing, employment or education
A chance to address the root cause of legal trouble
Reduced risk of repeated legal issues
These courts also encourage teamwork. Instead of feeling like you are facing the system alone, you may work with professionals who want to see improvement in your life. This structure can help you stay motivated and focused during a stressful time.Collaborative courts are not the right fit for every case, but they can create meaningful opportunities for people who are willing to participate fully. They are used for non-violent offenses or situations connected to personal struggles rather than intentional harm.If you are dealing with a legal matter and want to better understand your options, having reliable legal guidance can help you make informed decisions about the path ahead.]]>On Behalf of Law Offices of Derek P. Wisehart<![CDATA[What to do when law enforcement asks to search your business]]>https://www.dwisehartlaw.com/?p=478442026-05-08T09:08:05Z2026-05-13T09:07:17ZThe difference between a consent search and a warranted search
These two scenarios look similar from the outside but carry very different legal implications.
A consent search happens when law enforcement asks permission to search and you say yes. No warrant required. Once you give consent, investigators can search the areas you agreed to and anything in plain view is subject to seizure. You can limit the scope of your consent or withdraw it, but anything already observed remains part of the record. The critical point: you have the right to say no to a consent search, and doing so is not obstruction and does not indicate guilt.
A warranted search happens when investigators arrive with a search warrant issued by a California judge. A valid warrant under California Penal Code § 1525 must describe the specific location to be searched and the specific items sought. Law enforcement must announce their presence and purpose before entering. If they present a warrant, you cannot legally block the search, but you retain important rights throughout the process.
What to do and what to avoid when investigators arrive
How you respond in the first moments of a law enforcement encounter at your business affects what happens next. Here is what matters most:
Ask to see the warrant before you agree to anything. If they have one, read it carefully. Note what locations it covers and what items it authorizes them to seize. The warrant defines the boundaries of a lawful search.
If they do not have a warrant and are asking for consent, you have the right to decline. Do it calmly and clearly. You do not need to explain why.
Do not interfere with a warranted search. Observe it. Note what investigators examine, what they take and who is present. Under California Penal Code, you have the right to a receipt for any items seized. Request it before they leave.
Stay quiet on anything beyond basic identification. Searches often come with questions, and those questions are part of the investigation whether they feel that way or not. The Fifth Amendment gives you the right to say nothing, and choosing to use that right tells investigators nothing about your guilt.
Contact your attorney the moment law enforcement appears, or as close to that moment as the situation allows.
What happens during the search matters for your case
Evidence gathered during a search, whether lawful or not, shapes the investigation that follows. Items seized, documents copied and statements made during the search all become part of the record. A search that exceeded the scope of the warrant, lacked probable cause or obtained consent through pressure may produce evidence that a court can later exclude.
An attorney familiar with California search and seizure law and white collar investigations in the Central Valley can review what happened during the search, assess whether your rights were respected and identify any legal challenges to the evidence before an investigation becomes a prosecution.]]>On Behalf of Law Offices of Derek P. Wisehart<![CDATA[What happens after a teen is arrested?]]>https://www.dwisehartlaw.com/?p=478452026-05-06T09:17:09Z2026-05-11T09:16:32ZWhen your teenager is arrested, everything can change within minutes. Just one phone call can leave parents overwhelmed, confused and unsure of what comes next. Fear about the future often sets in immediately, especially when families have never dealt with the criminal justice system before.
For many teens, an arrest does not come from malice or a life of crime. Instead, it may follow a bad decision, peer pressure or a moment of poor judgment that suddenly carries very serious consequences.
What comes next?
After an arrest, a teenager is usually taken into custody and processed by law enforcement. Depending on the specific situation, the teen may either be released to a parent or guardian or held in a juvenile detention center until a hearing is able to take place. During this time, families are often left scrambling to understand charges, court dates and what rights their child has moving forward.The juvenile justice system operates differently from adult criminal courts, primarily because it places a greater emphasis on balancing accountability with rehabilitation. Despite this, the consequences can still be severe. A conviction or finding of delinquency can affect education opportunities, scholarships and even employment prospects later in life. In certain situations, some cases may also involve attempts to move charges into adult court, which can significantly increase the penalties a teenager may face. Because of this, families should never assume that juvenile charges are “not a big deal.”Additionally, emotions tend to run high after an arrest. Parents may feel angry, disappointed or helpless, while the teenager is often left feeling scared and isolated. In these moments, having an experienced, aggressive legal professional can make a major difference. A strong defense can help challenge weak evidence, protect a teen’s rights and work toward outcomes that focus on rehabilitation rather than punishment. Early action is critical, especially before statements are made or important deadlines pass.A teenager’s future should not be defined by one difficult moment. Families facing juvenile criminal charges will benefit from speaking with a legal professional who is prepared to fight for the best possible outcome.]]>On Behalf of Law Offices of Derek P. Wisehart<![CDATA[Broken ribs in a crash can have serious consequences for seniors]]>https://www.dwisehartlaw.com/?p=478432026-04-21T14:26:32Z2026-04-24T14:25:58ZIf you escape a serious car crash with your only injuries being a few broken ribs, you might understandably consider yourself fortunate. These are among the more common crash injuries – even when airbags deploy. The force of those, as well as that of a seatbelt in a high-speed or particularly violent crash, can break or at least bruise some ribs.
Often, broken ribs – while very painful – heal largely on their own. For older people, however, one or more broken ribs can cause potentially serious complications. They’re also more likely to occur in the first place, along with other fractures, due to the loss of bone density that people experience as they get older. That’s true for both men and women.
Broken ribs and respiratory complications
Researchers who have studied this have found that the risk of death increases with the number of ribs that are broken. However, as one doctor noted, when an elderly person suffers even one broken rib, that can be as dangerous as a middle-aged person suffering eight broken ribs.A leading danger of broken ribs is that they can cause serious respiratory complications, including pneumonia. Older people are more likely to have these complications because they often have an already reduced lung capacity as well as weaker muscles. They’re also more likely to already be suffering from other respiratory conditions, like COPD. Obviously, not everyone ages the same. Many people in their 80s are healthier and stronger than other people decades younger. Nonetheless, aging always brings changes in a person’s physiology.These things, along with their generally increased frailty, can exacerbate the build-up of lung secretions caused by stifling coughs, not taking deep breaths and other things that can be very painful with a broken rib.All of this is why it’s especially critical for older people to get early medical evaluation and treatment after a vehicle crash or other accident, like a fall, if they believe they’ve broken a rib.It’s important for everyone to know what kind of injuries and treatment plan they’re dealing with before agreeing to a settlement with an at-fault driver’s insurer. That’s even more true for seniors. Getting legal guidance as early as possible can help injured people ensure that they get the compensation they need for medical bills and other expenses and damages.]]>On Behalf of Law Offices of Derek P. Wisehart<![CDATA[Pill organizers can put professionals at risk of drug charges]]>https://www.dwisehartlaw.com/?p=478412026-04-08T09:41:58Z2026-04-13T09:40:39Ztwo or more medications on any given day if they have chronic medical issues. Keeping that medication organized and tracking doses may force a patient to adopt a special system to avoid missed or duplicate doses. Many people rely on daily pill organizers to track what they have taken.
Unfortunately, if people take their medication with them to work or other public environments, they could be at risk of getting arrested for a drug offense.
When police officers encounter someone in possession of a controlled substance, they generally have to determine whether that person has the lawful right to possess that drug. When patients keep their medication in the original vial provided by the pharmacy, there is information about the drug, dose and prescribing doctor readily available if they have an encounter with law enforcement professionals.
Unfortunately, the use of a pill organizer means that there is no official documentation readily available during a traffic stop or other encounter with the police. Officers may assume that an individual in possession of multiple substances, especially those associated with abuse, does not have lawful permission to possess those drugs.
Anyone facing drug charges may need help responding effectively, especially if they are successful professionals facing accusations of misconduct with prescription medication. Working with an attorney can help people validate their prescriptions and fight back against claims that they broke the law by possessing prescribed drugs.]]>On Behalf of Law Offices of Derek P. Wisehart<![CDATA[Holding vehicle occupants responsible for dooring incidents]]>https://www.dwisehartlaw.com/?p=478402026-03-25T05:45:27Z2026-03-30T05:44:52ZThe law requires a safety check
California has numerous traffic statutes that enhance the safety of cyclists on the road. There is a dooring statue in place that can prevent these devastating cycling collisions and also crashes where moving vehicles hit the door of a stationary vehicle.
The law requires that vehicle occupants check for approaching traffic, including cyclists, before opening a car door when stopped on the road. They should also close the door as soon as possible.
The failure to do so is a legal violation that can lead to a citation and liability for any collision that might occur. Cyclists can file insurance claims against drivers or may have grounds for a personal injury lawsuit.
Reporting a collision after one happens and speaking about the incident with an attorney can help cyclists to more effectively understand and exercise their rights. Vehicle occupants who cause preventable bicycle crashes are often liable for the consequences of their negligent behavior and misconduct.]]>