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Under California Health and Safety Code 11358, individuals who are 21 and older can not only use marijuana recreationally, but they can also legally cultivate and grow their own marijuana plants. These new freedoms come with restrictions and regulations built into the very laws that grant their legal status, effectively limiting the amount of marijuana that one can legally own or cultivate for personal use. These limitations are designed to prevent excessive amounts from being created and distributed. Understanding these complex laws is a feat in itself, but being aware of them is important to all consumers of marijuana. In what follows, we break these laws down for you as simply as we can.
Health and Safety Code 11358 in relevant part, "...Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law..."
It is legal to grow marijuana in California under H&S 11358, for person's over the age of 21 can grow up to 6 mature marijuana plants for their own personal use and cultivation. There are some strings attached, though. You will have to follow any additional local laws and ordinances that further regulate the cultivation of marijuana plants.
Can you grow marijuana outdoors in California is a frequently asked question. In California you cannot grow marijuana outdoors, nor can it be plainly visible to the naked eye from a public place. In other words, you can’t realistically grow pot in your backyard, because if your neighbors can see it with their unaided vision, then it’s still technically illegal. Due to these restrictions, you will typically want to cultivate your marijuana indoors and somewhere that is not easily visible from the outside. Furthermore, if there is more than one person living in that residence, you are still limited to no more than 6 marijuana plants. In other words, you and your spouse cannot grow twelve plants together, because the 6 plant limit applies per residence, not per person.
You’ll have noticed pretty quickly that all of these official legal definitions and restrictions utilize the word ‘cultivate’ when referring to growing of marijuana plants. This is because it gives a sense of consistency to the semantics that are at play in the law. However, the word ‘cultivate’ in these legal contexts is a bit more encompassing than you might usually expect. Here, to cultivate can mean any or all of the following:
As you can see, the definition of ‘cultivate’ is heavily expanded in these contexts for simplicity’s sake and for the sake of being able to capture more meaning into the word itself. These additional meanings of ‘cultivate’ are significant because the wording of the law is key to understanding what you may be accused of or charged with. Because of the expanded meaning, you do not even have to be physically present to ‘cultivate’ marijuana—even just being indirectly involved with its process is sufficient to be accused. This means that if you were to help your friend remove the leaves, you’d still be ‘cultivating’ marijuana.
This is where things get a bit more murky. Cultivating marijuana for medicinal use is different than for personal use. Even the laws used to denote them are distinct. The one that matters most here is California’s “Compassionate Use Act of 1996”, which came into law through Proposition 215; its provisions are further outlined in California Health and Safety Code 11362.5 and other subsequent sections. In a nutshell, the Compassionate Use Act gives exemptions to the following groups from the usual California laws that govern and regulate the possession and cultivation of marijuana:
Medicinal marijuana patients and their primary caregivers can grow or cultivate 6 mature marijuana plants, 12 immature marijuana plants, or, with a doctor’s recommendation, an even greater number of plants, relative to the patients’ needs for treatment.
Now that marijuana legalization in California has kicked in, most violations of Health and Safety Code 11358 will be considered misdemeanors. The punishments for breaking this statute may include:
You should, however, keep in mind that violating HS 11358 does have more severe consequences if:
In these situation, you would instead be convicted of a felony and you could be sentenced up to 3 years in county jail and be fined a maximum fine of $10,000.
Provided that your arrest was solely for cultivating excessive amounts of marijuana for personal use, you are a non-violent first or second time offender, and/or you are a minor, you can qualify for deferred entry of judgement or a pretrial diversion (enter links to article here). In this case, you will have your sentencing put on hold while you participate and complete a state-approved drug counseling or treatment course. This procedure is due to California Penal Code 1000 and upon successfully completing it, the charges will be dismissed. Crucially, this means that the arrest and the charges will not exist on your record for most purposes, like applying for a job, school, housing, and other applications. However, it does require that you plead guilty first and foremost, as well as meeting the eligibility requirements. Only then will the court consider and accept your case for pretrial diversion. Whether or not your case may qualify for pretrial diversion is something your lawyer will discuss with you.
Proposition 64, now that it is fully in effect, has greatly changed the way that California handles marijuana cases as they pertain to use, possession, and cultivation. As a result of this, the law does work retroactively. In other words, if you were convicted of marijuana cultivation prior to the passing of Prop 64, you may now not be found guilty of convicting a crime at all. In fact, even if you had grown more than the legal limit of 6 marijuana plants, you would still have a reduced punishment since you would have been guilty of a misdemeanor, not a felony. Prop 64, through Health and Safety Code 11361.8 permits those who were convicted under the old version of HS 11358 to appeal for redesignation or resentencing of their violation. For the most part, the court will grant the resentencing without much thought, unless they feel that you would pose some serious risk to public safety. Based on how much of your sentence has already been served, you might even be subject to immediate release. This also holds true for those that were convicted of a marijuana cultivation or use felony under older laws; you can apply to have your crime redesignated from a felony to a misdemeanor, or possibly even get it expunged entirely if you would not been found guilty of any crime under these new laws.
A skilled criminal defense lawyer will get the details of your case and use them to shield you. The following are just some of the possible defenses that may be used in your situation:
f you or a loved one has been accused of violating California Health and Safety Code 11358, or any marijuana law, we invite you to give us a call at (310) 943-1171 to speak to a skilled Los Angeles marijuana defense attorney with confidentiality today.
Location & Directions KAASS LAW Location: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Telephone: (310) 943-1171 Email: [email protected]
Our lawyers in Glendale, Los Angeles, CA at KAASS LAW are authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Car accident claims involving left turn in California often involve numerous factors in determining fault or liability. Under California Vehicle Code § 21801 (a) The driver of a vehicle intending to turn to the left or to complete a U-turn . . . shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. Vehicle Code 21801 (a) also applies to left turn motorcycle accidents. Accordingly, California Civil Jury Instructions (CACI) outlines a “hazard” exists if: "any approaching vehicle is so near or is approaching so fast that a reasonably careful person would realize that there is a danger of a collision [or accident]." In other words, the driver who is attempting to make a left turn must ensure that no oncoming vehicles are close enough to be a hazard before he or she proceeds across each lane the driver of a vehicle will yield the right of way, until the turn may be made with reasonable safety.
Penal Code section 148(a) Resisting Arrest aims to secure the physical wellbeing of officers, and encourages only compelling, legally applicable examinations of civilians. Lamentably, it isn't unprecedented for some officers to abuse this statute by rebuffing people who show any little sign of disobedience towards the officer. This is a serious and recurring issue all throughout California, with some counties and cities experiencing more of this abuse of power than others. For instance, Ventura county law enforcers are infamous for incarcerating civilians if the officer senses even the slightest amount of hesitation from the civilian. In many situations, this results in a gross and negligent abuse of power, originating from misinterpreted ideas of what the Penal Code 148(a) entails.
According to Penal Code 148(a)(1), any person who "obstinately" opposes or delays any law enforcement agent is blameworthy of a crime. They must demonstrate the following past a sensible uncertainty:
Most importantly, there does not need to be an intention of hurting the officer, a mere demonstration of knowingly resisting an officer is sufficient. As such, a prosecutor does not have to demonstrate that the defendant expected to commit a crime or even to cause any injury to the officer. Taking all of these elements into consideration, it can become murky and difficult to understand where to draw the line between officer aggression and defendant resistance. To help illustrate these, here are just a few examples:
Vehicle Code 23152(a) VC governs the crime of operating a motor vehicle “under the influence” of alcohol. In California motorists charged with driving under the influence can even be charged with a DUI, the blood alcohol concentration was below 0.08%. It should also be noted that if you have been charges with a DUI, there are two governmental bodies that are generally involved and require hearings; that is the DMV and the Courts. The DMV case is extremely time sensitive, and if not fixed immediately, will result in an automatic suspension of your driver’s license. A Driving under the influence conviction generally can result in costly fines, required attendance at alcohol-education classes, suspension or revocation of your driver’s license, probation, placing an ignition interlock device in your car, and even jail or prison time depending on the facts of the case.
California DUI charges can result in driver’s license suspensions, sometimes even on a first DUI. Our DUI attorneys in Glendale, CA have the ability to extend your driver’s license privileges and aggressively fight the DMV case to protect your license. It is critical to act quickly so you do not miss the deadline to demand a DMV hearing. If the deadline is missed it is likely that the DMV will automatically suspend your license.
Beginning January 2018, recreational use of marijuana became legal in California, allowing persons 21 years and older to possess up to one ounce, or 28.5 grams of marijuana. The law was a direct result of Proposition 64 the Adult Use of Marijuana Act, which was approved in November of 2017. This new law does not change any statues or regulations pertaining to medicinal marijuana use, nor does it completely legalize marijuana use in every situation. As all laws, there are some strings attached that you should be aware of as a consumer.
The legalization of marijuana in California does not extend indefinitely, and you can still get incriminated for surpassing its limits. According to California Health and Safety Code § 11357, those limits are as follows:
HS 11357 Possession Offense
Type of Offense
Penalty Incurred
Possession of marijuana and/or concentrated cannabis by individuals under the age of 21
Infraction
The gradual process of legalizing marijuana in California reached its climax in January of 2018, when marijuana became legalized. Once this new law came into effect, it changed the ways that some laws apply and affect cases surrounding the possession, utilization, and acquisition of marijuana. On the other hand, many procedures and statutes have not changed despite the legalization of marijuana. One such instance is the penalty one may accrue if they are caught with marijuana in their car while driving, which is detailed by the California Vehicle Code 23222(b) Driving In Possession of Marijuana.
California Vehicle Code 23222(b) maintains that it is illegal to possess marijuana while conducting a vehicle. In order to be charged with this, a law enforcement agent must be able to prove that you were in illegal possession of marijuana while driving. Thus, there are three primary components at play in this code. The keywords here are illegal, possession and driving. If even one of those three things does not apply, then you cannot be charged with violating California Vehicle Code 23222(b). However, it should be noted that just because one of those three elements may not apply, does not mean that you cannot be charged with violating another statute or law. For instance, California Health and Safety Code 11357(b) may still apply to you. Also, if it is determined that you were driving under the influence of marijuana, you can also be charged with a DUI pursuant to California Vehicle Code Section 23152(a)(b).
California Penal Code § 1000 indicates an arrangement commonly known as a pretrial diversion or a deferred entry of judgment, in which a qualifying drug defendant requests to get their case put on hold for a set period of time while the defendant completes a state-approved drug rehabilitation or educational program. Penal Code § 1000 is very important because it enables some defendants to avoid conviction entirely with the deferred entry of judgment, or DEJ for short (this is also referred to as a pretrial diversion).
Whether DEJ applies for any given case will depend on several factors, such as age, previous criminal history, and the crime in question. For instance, DEJ is more restricted for adults, applying only for certain types of drug offenses. On the other hand, for juveniles, deferred entry of judgment usually applies for most first-time felonies.
First, a defendant asks to complete an approved program in any county in California. The court determines the eligibility of the defendant and, once approved, provides the defendant with a set period of time in which to complete the program. California courts have both . A list of state-approved programs can be found at the courthouse in which the hearing took place. All of these programs will assess the defendant and must ensure a minimum of 20 hours of drug education or rehabilitation. At the end of the program, an assessment report must be provided to the court, detailing the defendant’s progress and successful completion of the program.
In California, there are many different health and safety codes and statutes in place to protect citizens. Some of these focus on illegal substances, such as methamphetamine, and the consequences one may face for possessing them.
Being accused of possessing meth is a serious crime because it is a controlled substance under the California Uniform Controlled Substances Act. Under California Health and Safety Code Section 11377, the mere possession of meth is considered a misdemeanor, which involves a penalty of up to $1,000 and a year in prison. However, these repercussions can be far more severe, depending on how the drug was found and whether or not the prosecutors determined if there was an intent to sell or distribute the drug. Therefore, it stands to reason that you should be aware of the ways in which a prosecutor can prove meth possession. So...
In order for a prosecutor to convict you of meth possession under Health and Safety Code Section 11377, they must be able to prove or show beyond reasonable doubt that: (1) you had actual possession of the drug in question; (2) you knew the drug was methamphetamine, a controlled substance, and (3) you had possession of usable amounts of the drug, i.e. more than just trace amounts of methamphetamine.
Restraining orders are commonly referred to as "RTO"s. Being served with a restraining order can be stressful, especially if it is a domestic violence restraining order. In California, there are a few different types of restraining orders such as civil harassment, domestic violence restraining orders, restraining orders involving elder abuse, workplace violence, emergency protective orders, and criminal protective orders. Each type of restraining order has various components of which the person who filed the restraining order has the "burden of proof" in order to obtain the restraining order, the duration of the restraining order, and the legal elements required to prove in order to obtain that restraining order. The following tips may help you successfully defend a California restraining order action.
The first essential preparation for an effective restraining order defense is to carefully review the allegations made against you order to determine if those allegations do or do not apply to each element required for the particular order of protection being requested.
In 2003, patent No. 6630507 was granted to the Department of Health and Human Services. Cannabinoids have been found to have antioxidant properties. Patent No. 6630507 also references 12 other U.S. patents related to cannabis dating back to 1942. U.S. Patent No. 6630507 covers the potential use of non-psychoactive cannabinoids to protect the brain from damage or degeneration caused by certain diseases, such as cirrhosis.
The U.S cannabinoids patent lists the use of certain cannabinoids found in cannabis sativa plants as useful in the treatment of certain neurodegenerative diseases such as Parkinson’s, Alzheimer’s, and HIV dementia. The cannabinoids are found to have particular application as neuroprotectants, which is any substance that helps to shield nerve cells from damage or death. As such, said cannabinoids aid in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases Moreover, this newly discovered property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as age-related, ischemic, inflammatory, and autoimmune diseases. One particular disclosed class of cannabinoids useful as neuroprotective antioxidants is formula (I) wherein the R group is independently selected from the group consisting of H, CH, and COCH.
The location of the property damage to the vehicles involved in an accident can help determine how the accident may have occurred, as well as which driver was at fault. Below is an example of determining fault in left turn accidents by assessing property damage.
The you're driving straight and someone made a left turn in front of you scenarios, often times the driver going straight will attempt to swerve to the right to avoid a collision. In this instance, if the damage is located on your left front corner or left front side, that can indicate that you tried to avoid the accident by swerving away. Finally, if the property damage to the other vehicle is located to the right front corner, this likely evidences that the other driver was not paying attention and disregarded and or cut off oncoming traffic. However, if the property damage to the turning car is to the right rear corner, that is evidence that it may have been the fault of the driver going straight and likely may have not been paying attention.
While, every driver is required to yield before making a left, if the person hanging the left made a reasonable right of way yield before turning. Therefore, approaching on-coming traffic then can not speed up, run a red light, or otherwise allow the left turning driver to pass safely. It should be noted that the further the left turning car gets across the oncoming traffic lane, the more likely the driver that is going straight will be found at least partially at fault for not slowing down, and attempting to avoid the collision.
The term "Negligence" is a term used to characterize conduct that creates an unreasonable risk of harm to others. In order to prove negligence you must prove:
In theory both drivers can potentially be partially responsible for causing the left turn collision. For instance under the comparative negligence theory a party may contribute to an act of negligence or be comparatively negligent for his or her own injuries.
Recovery for damages in comparative negligence auto accident claims are reduced by the percentage of fault of each party. If you were found 30% at fault for causing the left turn accident, your settlement and or judgement will be reduced by 30% of the entire dollar amount settled or awarded. If you are in need of legal assistance, our Glendale auto accident attorneys at KAASS LAW can help you through every step of the way.
We provide 24/7 auto accident accident hotline available for victims involved in various accidents including truck accidents, pedestrian accidents, accidents with government vehicle, and more. Our auto accident attorneys in Glendale, CA, charge our clients' zero upfront legal fees. You pay nothing until and unless we successfully secure a settlement or judgement. Our attorneys speak English, Spanish, Russian, Armenian, and French.
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Address: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Telephone: (310) 943-1171 Email: [email protected] Get Directions on Google MapsOur lawyers in Glendale, Los Angeles, California, are dedicating to providing the highest quality legal services for all of our clients.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
There are several avenues of defense that a skilled Glendale criminal defense attorney will utilize in order to defend their client in situations of unlawful arrest. A few examples of these defenses include: the use of excessive force or police brutality, acting in self-defense, or being wrongfully accused of a crime. Which path is best for your particular case is something your lawyer will be able to determine with you. If you feel that you or a loved one have experienced a wrongful accusation of violating Penal Code 148(a), or been the victim of police brutality or misconduct, please give us a call at (310) 943-1171 to speak to a defense attorney specialist, or send us an email with a description of your case at [email protected].
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
If convicted of a DUI in Court, while the driver would have full driving privileges, the DMV will require the installation of an ignition interlock device, which is the breathalyzer device for several month period. Typically, probation is for three years and is also known as "informal" or "summary probation" on a first time DUI offense. Summary probation means that it is “non-reporting probation".
A criminal conviction in California, even for a first time DUI offense can have negative consequences on immigration status. For instance, a DUI offense can trigger deportation requirements and other immigration difficulties. Winning your case instead of being convicted can often mean staying in the United States instead of being deported. Therefore, hiring an experience Glendale DUI defense lawyer may mean the difference of keeping your immigration status or suffer adverse consequences. Our goal in DUI cases is to first attempt to seek a dismissal. If that does not work, we seek to reduce charges and all punishment.
It is imperative that you hire the best Los Angeles DUI attorney to ensure you get the best possible defense. Our Glendale criminal defense lawyers have handled numerous cases. If you have been accused of a DUI, contact one of our Glendale DUI attorneys at (310) 943-1171. It is important to have a defense attorney that you can trust. It is imperative not to speak with investigative authorities without seeking legal counsel first in these situations.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Drug counseling and community service hours for minors and a fine of $100 for those 18 and older
Owning more than 28.5 grams of marijuana and/or more than 8 grams of concentrated cannabis for minors (under 18 years of age)
Infraction
Drug counseling and community service hours
Having marijuana and/or concentrated cannabis in a K-12 institution while a minor (under 18 years of age)
Infraction
Drug counseling and community service hours
Owning more than 28.5 grams of marijuana and/or more than 8 grams of concentrated cannabis (18 years of age and up)
Misdemeanor
A maximum sentence of 6 months in county jail as well as a $500 fee
Having marijuana and/or concentrated cannabis in a K-12 institution (18 years of age and up)
Misdemeanor
Up to a $250 fee for the first offense, with subsequent offenses incurring additional penalties
Possession of more than 28.5 grams of marijuana or more than 8 grams of concentrated cannabis (hashish) is still illegal under California’s Health and Safety Code 11357. The above chart summarizes the consequences one may face for having excessive amounts of marijuana. Typically, for adults these consequences are deemed misdemeanors and will usually result in a fine of no more than $500 and/or 6 months in county jail, while for minors the crime is merely an infraction and the penalties are to attend drug counseling sessions and community service hours.
Having marijuana on school grounds is also illegal: for adults it is a misdemeanor and for minors it is an infraction. The penalties for minors who commit this crime are identical to the penalties that a minor may face if they possess excessive amounts of marijuana. For adults, it will usually result in a $250 fee for the first offense. Bear in mind that possessing any amount of marijuana at all as a minor is still illegal even in California, and the consequences range from paying a fine to facing drug education or counseling programs and community service.
There are several legal defenses that a skilled Los Angeles marijuana defense attorney can provide in cases that involve charges of illegal marijuana possession in California. These defenses include:
-You didn’t own the marijuana in question
-You were not aware that you had any marijuana
-The marijuana in question was procured in an illegal search or seizure
If you or someone you know is accused of violating California Health and Safety Code 11357 or California Vehicle Code 23222(b) illegal to possess marijuana while driving a vehicle we welcome you to give us a call at (310) 943-1171 to speak to a defense attorney for a free consultation.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. Our Los Angeles litigation lawyers do not represent you unless you have expressly retained KAASS LAW in person at our office.
An experienced Glendale marijuana lawyer will understand that there are several powerful avenues that may be explored in order to demonstrate your innocence before the law. Some of those possible options are:
The consequences of being convicted of violating California Vehicle Code Section 23222(b) include a fee of up to $100 plus court costs. We can help you avoid all of those. Give us a toll free call today to speak to one of our attorneys at (310) 943-1171 or email us at [email protected]
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Upon finishing the DEJ program, the court has an obligation to dismiss the drug charges against you. As such, the benefits of completing the program are that:
Throughout your participation in the court-sanctioned program, the court may determine that your efforts or participation are not satisfactory, or that some other issue has come up. Any of these may disqualify your eligibility for the diversion program. Some of these reasons can include:
Basically, a defendant can be removed from the DEJ program if at any point they fail to complete the program satisfactorily or if they get convicted of a felony or a misdemeanor involving violence. In that case, the defendant will get dropped from the program and sentenced per the underlying charge(s).
There are two factors that are responsible for determining your eligibility for a DEJ. The first is the type of drug offense itself and the second is your previous criminal history.
According to California Penal Code § 1000, some drug offenses are eligible for deferred entry of judgment. Most often, these are:
*A ‘controlled substance’ refers most commonly to such drugs as Cocaine, Marijuana, Heroin, Methamphetamines, Ketamine, Ecstasy, Vicodin, Codeine, and GHB.
Your prior criminal history is the other major factor used to determine whether your case is eligible for a DEJ. The conditions are:
You should know that there are some strings attached with the deferred entry of judgment. It does require the defendant to plead guilty, with the condition that the court does not enter judgment. Thus, the final sentencing, or conviction, is never finalized. The case is therefore left in a limbo period, or deferment. During this period, the defendant must then successfully complete the appropriate, state-approved program. The court will look over the details of the case again and if everything was correctly done, the charge against the defendant will be dismissed.
The details surrounding the deferred entry of judgment can get complicated and murky. We can help you to assess if a pretrial diversion or a DEJ is possible given the details of your case. To speak to an Glendale criminal defense attorney, please call our firm at (310) 943-1171 or email us at [email protected].
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
While the burden to prove these things falls on the State, you should be prepared with ample evidence to show otherwise, just in case they do manage to produce sufficient evidence in the courtroom. Bear in mind there are two different kinds of possession for which you may be convicted. The first kind is actual possession, which entails that the authorities discovered the drug on your person, meaning in your pocket, clothes, or bag. The second kind is constructive possession, which simply means that the authorities found the drug in a place that you have access to, such as your house, car, or office. If you did not expressly admit to having knowledge of the illegal substance of methamphetamine being in your possession, the prosecutor will have to meticulously prove that through evidence. Evidence can include the way you behaved or reacted during the search or arrest process. As an example, if you attempted to hide or get rid of the drug, then they could reasonably assume that you had knowledge of the drug and its illegality. However, assumptions can work against the prosecutor as well.
One of the first things your lawyer will do is to determine whether the police encounter that led up to the discovery of the meth was legal. In other words, the prosecutor cannot use evidence against you in a court of law if it was obtained illegally. Remember that the police must adhere to strict laws which are upheld by the United States Constitution, including when they stop and search vehicles, when they enter into private property, and even when they arrest or detain someone on suspicion of illegal substance possession. Should a law enforcement agent knowingly, or inadvertently, violate the suspect’s constitutional rights, then your lawyer can request to suppress the evidence being presented against you.
There are many different avenues and possibilities that a lawyer can explore with you in order to best gauge what your next optimal move will be. Getting charged with possession of a controlled substance may seem overwhelming and getting out of that situation even more so, but we will guide you through the criminal justice process and get you the best possible result. We invite you to give KAASS Law a toll free call at (310) 943-1171 to have a free consultation with our skilled defense attorneys.
If you are defending against a restraining order, you have to keep in mind that the court doesn't have all day to listen to your case and thus you must be prepared when you come into court. First, it is important that you prepare your evidence and bring them with you to court. You may bring declarations from other people that have personal knowledge of the facts that surround that basis of your restraining order, your own declaration, along with any photographs, videos, text messages, emails, or any other piece of evidence you intend to show to the court.
If you are also facing criminal charges which stem from the matter of which is the basis for the restraining order, keep in mind of your Fifth Amendment right against self-incrimination. This means, if you testify during a restraining order trial, your testimony may and most likely will be used against you in the pending criminal case. Therefore, being mindful of the statements you make during court is very important. The prosecutors can request the transcript of your testimony from the restraining order hearing from the court, which may aid them in building their case against you in the pending criminal case. If you are in a situation where you face both criminal charges and a restraining order action, it is imperative that you seek legal help in order to insure the best possible outcome, as these types of criminal matters become extremely tricky.
Keep in mind that if the person that intends to file a restraining order against you, they are further legally obligated to have you personally served with the restraining order.
It is always wise to consult with an experienced local attorney who has vast experience in defending against restraining orders to discuss your various options. In order to ensure you have the best possible outcome and an effective defense is to have an experienced restraining order lawyer handle your case for you. Your restraining order lawyer will prepare a solid defense and attempt to persuade the court that the allegations asserted by the other party do not fit the definition of abuse.
Often times, defendants are not properly prepared for these type of hearings and almost immediately make damaging admissions that necessitate a restraining order be issued, even if the admitted activity was in fact innocent. Defending yourself against a restraining order can be difficult if all that you have are the statements made by the victim against your own word where there are no pictures or witnesses to support your side of the story. Further, if the person who filed the restraining order against you is represented by an attorney, it is even more imperative for you consider hiring a restraining order attorney immediately, as opposed to defending yourself If you were served with an restraining order or temporary restraining order, our knowledgeable restraining order attorney in Los Angeles, CA with KAASS LAW can help defend you. We are highly dedicating to serving the needs of all our clients. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian. You may also get directions to our law firm on Google Maps fast and easy.
Recently, legal-marijuana pioneers have experienced a rising concern in retaining a marijuana intellectual property lawyer in order to protect their creations from imitators, as well as from multinational corporations in the agriculture, tobacco and pharmaceutical industries that appear to be keeping a close eye on the fast-growing marijuana industry from the sidelines. For instance, in 2013 the first marijuana strain patent containing significant amounts of THC ever granted, patent No. 9,095,554. Accordingly, the patent provides compositions and methods for the breeding, production, processing and use of specialty cannabis.
If you have questions regarding marijuana laws or or are seeking to start a recreational marijuana business in California, we invite you to call our office for a consultation with a Los Angeles recreational marijuana business lawyer today.