Criminal Defense
Marijuana Possession Conviction Occurring Before Current Offense Does Not Negate Eligibility for Deferred Entry of Judgment
Why Hiring an Experienced Criminal Defense Firm Can Assure You Are Given Access to All Available Court Programs Defendant, Oscar Armando Ochoa pled guilty to possessing cocaine after the trial court denied his motion to defer entry of judgment under penal code §1000. On appeal in California, Mr. Ochoa argued that the court erred in finding that his January 2006 conviction for possession of marijuana occurring more than two years…
Read MorePot Dispensary Owner Sentenced to Prison in Los Angeles
Thoughts by a Wallin & Klarich Criminal Defense Attorney A Morro Bay pot dispensary owner was sentenced to one year and one day in prison by a federal judge in Los Angeles, according to a published report on . Charles Lynch, 47, was prosecuted for illegally distributing marijuana from his Central Coast Compassionate Caregivers facility, despite having the blessing of Morro Bay's mayor, city attorney and other civic leaders. His…
Read MoreMan Arrested Trying to Smuggle Marijuana Ashore on Surfboard
He Will Need an Experienced California Criminal Defense Attorney A Mexican national was arrested about 200 yards off of Imperial Beach by U.S. Border patrol officials, according to an article by Tony Perry on the June 9th, 2009 Los Angeles Times website. The man was allegedly trying to smuggle marijuana into the United States via his surfboard, which he was seen on paddling off the shores of Imperial Beach. When…
Read MoreMarijuana Offense Sentence Delayed
U.S. District Judge Delays Sentencing for Convicted Marijuana Distributor Represented by Criminal Defense Attorney A federal judge recently delayed the sentencing of a Morro Bay man on March 24, 2009, who was facing drug charges for running a medical marijuana dispensary, according to the LA Daily Journal. Last year, Charles C. Lynch was found guilty of distributing over 100 kilograms of marijuana from his Central Coast Compassionate Caregiver dispensary, and…
Read MoreCalifornia Medical Marijuana Prescription Doesn’t Hinder Driver’s License Renewal
Department Of Motor Vehicles Officials Say California Drivers Cannot Lose Their License Just Because They Have A Medical Marijuana Prescription Medical marijuana prescription holders are breathing a little easier after the Department of Motor Vehicles issues a training memo which states California drivers cannot lose their license just because they have a medical marijuana prescription. A revised Department of Motor Vehicles training memo instructs agency staff to treat medical marijuana…
Read MoreCalifornia Juvenile Possession of Marijuana
What Happens If I'm A Juvenile And I'm Caught With Marijuana In My Possession? What Are The Consequences If I'm Convicted? A conviction for possession of marijuana, even for a small amount, can have serious consequences. This is especially true if you are under the age of 18. If you are under the age of 18, your case will be handled in the juvenile courts. If you are convicted of…
Read MoreProposition 215 May Allow Hashish to be Used for Medical Purposes, According to the Attorney General
According to Attorney General Bill Lockyer, concentrated cannabis, or hashish, is included within the meaning of "marijuana" and may be used for medical purposes under Proposition 215. Lockyer told Menocino County Sheriff-Coroner Anthony J. Craver that voters must have intended to include all forms of cannabis when they passed the "Compassionate Use Act of 1996. Implementation of the Compassionate Use Act of 1996 has been difficult because federal authorities continue…
Read MoreConsult a Criminal Defense Lawyer Before Accepting Police Informant “Deal”
A recent death of a young female college student makes clear that agreeing to work with the police in exchange for some possible leniency in your criminal case can have deadly consequences. A young woman in her 2nd year of college was found in possession of marijuana. The police told her that if she "worked with them" they would recommend to the District Attorney to dismiss charges against her. She…
Read MoreUS SUPREME COURT: “JUST SAY ‘NO’” TO “BONG HITS 4 JESUS”
The US Supreme Court's recent opinion in Morse v. Frederick brings to the forefront how far a public school may properly go in restricting student speech. In this case, Joseph Frederick was a student at a public high school in Juneau, Alaska, and, on January 24, 2002, the Olympic torch was due to pass in front of Mr. Frederick's high school, en route to the winter games in Salt Lake…
Read MoreMedical Marijuana Use – Legal or Not?
The recent opinion of the US Court of Appeals for the Ninth Circuit in Raich v. Gonzalez, (March 14, 2007), once again draws the spotlight on the conflicting provisions of federal drug laws, which all but prohibit possession of marijuana under any circumstances, and California's laws that permit the use of "medical marijuana" upon a doctor's recommendation. Unfortunately, this case does not provide a resolution to this conflict in the…
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