Criminal Defense
I am Accused of Meth Possession – What Should I Do? – California Health and Safety Code Section 11377
California Health and Safety Code Section 11377 makes methamphetamine ("meth") possession illegal. Meth Possession is a serious crime with serious penalties. If you are charged with meth possession, it is important that you speak to an experienced criminal defense attorney to get you the best possible result in your case. Meth possession means that you had physical custody of the meth. You must also know the nature of meth as…
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I am Accused of Possession of a Controlled Substance – What Should I Do? – California Health & Safety Code Section 11350
California Health & Safety Code Section 11350 is a law that makes it illegal to possess various types of drugs as defined within the health and safety code. In order to be convicted of possession of a controlled substance, the prosecution must prove that you unlawfully possessed a controlled substance, that you knew of its presence, that you knew of the substance's nature or character as a controlled substance, what…
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U.S. Justice Department Issues Memorandum Regarding State Marijuana Laws
On October 19th, the United States Department of Justice issued a memorandum to the United States Attorneys in California detailing a shift in the Department's policy regarding the investigation and prosecution of federal drug offenses in California. Although the memo is favorable to California's marijuana laws, in no way does it permit the cultivation, possession, use or distribution of marijuana. The federal Controlled Substances Act continues to make those types…
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Police Can Legally Stop a Vehicle in California Even If a Temporary Operating Permit Attached To a Rear Window
The California appellate court has held that even though a vehicle does in fact have a temporary operating permit displayed somewhere on the vehicle, if the police officer does not see the temporary operating permit, and the vehicle does not have license plates, then the stop of the vehicle is legal. People v. Dotson ﴾3rd Dist., Nov. 30, 2009﴿ 2009 Cal. App. LEXIS 1904﴿. In Dotson, the defendant, a convicted…
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Possession of Medical Marijuana is Limited to the Patient’s Current Medical Needs
Why Having an Experienced Drug Offense Attorney Can Mean the Difference Between Jail and Freedom A recent California Court of Appeals decision, People v. Archer, held that, in medical marijuana possession cases, the jury must be informed that the patient has a right to possess an amount that is reasonably related to the patient's current medical needs. The California Legislature recently enacted Health and Safety Code section 11362.77 of Medical…
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Good Faith Exception to the Exclusionary Rule Does Not Apply Where the Search Warrant is 84 Days Old – Penal Code Section 1538.5
A recent California Court of Appeals decision in People v. Hirata held that a search warrant is invalid after the passing of a substantial period of time. In this case, the period of time was 84 days. The defendant (Hirata) was charged with possessing drugs and being part of a drug conspiracy ring. Investigators had built substantial evidence against Hirata and a number of other co-conspirators. Armed with this information,…
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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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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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Lawsuit Filed in Attempt to Overturn City Council Decision to Limit Medical Marijuana Dispensaries
The Los Angeles Collective Association and the Green Oasis dispensary, which is made up of medical marijuana collectives, has filed a lawsuit against the city of Los Angeles' moratorium that seeks to control the sale of medical marijuana. They argue that the moratorium is too vague and its extension into mid-March is in violation of state law. Robert A. Kahn, an attorney representing the Los Angeles Collective Association and Green…
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Possession of Certain Chemicals Could Land You in Jail
Why You Need a Good Drug Defense Attorney The Drug Enforcement Agency (DEA) has a list of chemicals that it has placed on a watch list. The Chemical Diversion and Trafficking Act of 1988 imposed legal impediments to obtaining the chemicals necessary to manufacture drugs of abuse. The DEA, with the help of the State Department, monitors the flow of these chemicals over state and international borders. Currently, there are…
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