Criminal Defense
A Common Legal Issue in the Context of Medical Marijuana Litigation
The Issue of Possession of Marijuana for Personal Medical Needs, Versus, Possession of Marijuana for the Needs of Others Defendant, Nathaniel Archer, was found guilty of cultivation of marijuana in violation of Health and Safety Code section 11358, a felony, and of simple possession of marijuana in violation of section 11357(a). On appeal, the parties were in agreement that the trial court erred when it included the numerical limits set…
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Cal Poly Fraternity Members Suspected of Hazing
After a new member of the Sigma Phi Epsilon fraternity was injured with second degree burns during a bonfire ceremony, 9 members have been suspended while 45 other members have been put on probation. Though the injury itself was not caused by direct hazing, university officials believe that hazing was a factor because new members were blindfolded during the ceremony and the victim was refused immediate medical attention. The case…
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Charlie Sheen is Accused of Assault: What this Means and How an Experienced Criminal Defense Attorney Can Help Him Avoid Jail
On December 29, 2009, CNN reported that Charlie Sheen's Wife, Brooke Mueller, has accused Mr. Sheen of threatening to have her killed. CNN reports that Mueller alleges Sheen said, "I have ex-police I can hire who know how to get the job done, and they won't leave any trace," as he held her down with a knife. Sheen was arrested on Christmas Day and is being charged with assault, menacing…
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Chula Vista DMV Hearings and DUI Defense Attorneys
Chula Vista is located in southern San Diego County and has a population of about 217,478. As the second largest city in San Diego County, Chula Vista is 51.2 square miles in size. Chula Vista has experienced a population growth of over 20% since the year 2000. Considering its closeness to the California coast, Chula Vista has become a more desirable place for people to live and visit. As a…
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Gang Crackdown in LA
As a result of Operation Community Shield, law enforcement has arrested 1,785 gang members and associates around the country between March and September of this year. Of those arrested, approximately 300 were from the Los Angeles area. Gangs that were targeted in Los Angeles County during the sweep included the Avenues, 18th Street, Barrio Evil 13 and Mara Salvatrucha gangs. Charges against these alleged members ranged from drug dealing, drug…
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Los Angeles County Sheriff’s Department Accused of Violating Reporter’s Rights
The Los Angeles County Sheriff's Department is facing accusations of violating a reporter's rights for its investigation into TMZ founder Harvey Levin's sources. Levin's phone records were obtained by the sheriff as part of an investigation into who leaked information over Mel Gibson's arrest for drunk driving to TMZ back in 2006. Many media law experts argue that such action is illegal as state and federal law protects a reporter's…
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When Has a Person Been Legally Arrested?
Whether an actual arrest took place is critical to the future of your case because an illegal arrest can result in obtaining critical statements or evidence illegally. There are no magic words which create the sole basis for determining whether an arrest has occurred. The trier of fact must look to the essential elements of custody and distinguish between a temporary detention and a formal arrest. (Ormonde v. DMV (1981)…
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Riverside DMV Hearings and DUI Defense Attorneys
The city of Riverside has an approximate population of 311,575. As the largest city in the Inland Empire region of California, Riverside is also the 12th largest city in the state. With a population density of 3,267.2 people per square mile and with a total area of 98.4 square miles, one can only imagine just how many residents, in addition to visitors, drive along Riverside's roadways. Similar to other large…
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U.S. Supreme Court Hears Oral Arguments for Life without Parole for Minors
Recently, the United States Supreme Court heard oral arguments in two cases involving life sentences without the option for parole for minors. The two cases, Graham v. Florida and Sullivan v. Florida both involved two minors who were convicted of serious felonies when they were 16 and 13 years old, respectively. The boys were subsequently sentenced to life in prison and their cases are now before the United States Supreme…
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Criminal Threats Are More Serious than You Think – How Penal Code Section 422 Could Result in Criminal Charges
Law enforcement agencies and courts do not take threats lightly. Many times a statement intended as a joke or a statement that was hastily made with little or no thought of its implications, could be construed as a criminal threat under Penal Code Section 422. In order to qualify as a threat, the statement only needs to reasonably be thought of as immediate and actionable. In other words, a conviction…
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