Soliciting Prostitution Means

• The defendant communicated by words or conduct, an offer or a request, to another person to commit an act of prostitution;
• The defendant had clear intent of committing an act of prostitution, it does not matter if the prostitute actually agrees to engage in prostitution, or that any lewd act actually occurred.

Agreeing to Engage in an Act of Prostitution Means

• The defendant accepted an offer for sexual services and agreed to engage in an act of prostitution with another person for money or other benefit;
• The defendant specifically intended to engage in an act of prostitution with that person;
• In addition to agreeing, the defendant performed some act to further the commission of an act of prostitution.  It means that the defendant did something after agreeing to commit prostitution that helps interpret the meaning of the agreement.

Defenses to California Prostitution Charge

Entrapment is when a government agency originates the idea of the illegal act, persuades a person to commit a crime and then allows a crime to happen. A person is not considered guilty of a crime if he was coerced or harassed to commit a crime that he was not predisposed to commit. In California’s law system entrapment is considered an affirmative defense, so the defendant has the burden of proving in case he or she was entrapped.

Lack of Evidence is a common defense under California Penal Code 647(b). In many cases prosecution lacks substantial evidence to prove that the defendant committed a crime punishable by conviction.

Misunderstanding: While the defendant may have performed sexual activity but did not have the specific intent to    engage in prostitution, he or she cannot be convicted under section 647.

Penalties for Prostitution or Solicitation in California Penal Code 647(b)

Engagements in prostitution, soliciting prostitution or agreement to engage in prostitution are considered misdemeanors under California Penal Code section 647(b).

Penalties for First Offense Conviction for Prostitution Can Include:

• Up to six months in county jail, and/or
• A fine of up to one thousand dollars 

Usually the court places a defendant on a period of probation and orders to perform community service.  Moreover, in all prostitution cases, the court orders the defendant to obtain an HIV test. 

Subsequent convictions: According to Penal Code 647(b) prostitution is a "priorable" offense, meaning that punishment for prostitution/solicitation increases with each subsequent conviction:

For second offense a court may sentence mandatory minimum a minimum of 45 days in county jail, and a minimum of 90 days for third or subsequent offense:

Additional penalty if committed in a car

If the offense was committed while using an automobile and within 1,000 feet of a residence, the defendant can face additional penalty:

• A suspended driver's license for up to 30 days
• A restricted driver's license for up to 6 months (one may still drive, but only to and from work or school)

There are a few legal defenses to penal code section 273.5 and are as follows:

Get Help Defending California Penal Code Section 273.5 Corporal Injury on a Spouse and Restraining Order from an Experienced Lawyer

Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale domestic violence attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time!

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.

Legal Defenses for Penal Code Section 273.5

There are a few legal defenses to penal code section 273.5 and are as follows:

Self Defense or Defense of Another Person

People have the legal right of self-defense when they are attacked. The most common legal defense strategy is to make the argument you were acting in self-defense or defense of another person. Injuries caused while acting defensively should not lead to a conviction under PC 273.5(a). The amount of force one can legally use to defend him or herself depends upon the circumstances of each case. Under Judicial Council of California Criminal Jury Instructions 505 and 506, you are considered to have used reasonable self-defense if:

• You reasonably believed you were in danger of being injured or killed
• You reasonably believed that you needed to use force to prevent this from happening
• You used no more force than was necessary to stop the threat

The Injury was Caused Accidentally 

In order for this defense to be successful, it must be proved that you did not have the intent to strike or injure the victim. Individuals charged with PC 273.5(a) must willfully harm an intimate partner to be convicted. If you accidentally inflicted corporal injury on someone this should not lead to fines and incarceration. 

False Accusations Defense

There are plenty reasons you might be facing a false accusations of Penal Code 273.5 PC violations. It is common for individuals to be mistakenly accused for corporal injury. In these cases, the accusation is characteristically grounded on false allegations instigated out of a desire for revenge, anger or jealousy

Penalties for Violation of Penal Code Section 273.5

Corporal injury to spouse under California Penal Code Section 273.5 is known as a “wobbler, and can be filed as either a felony or a misdemeanor. Their decision is typically based on the facts and circumstances of the case and your prior criminal record. If the victim sustained serious injuries or you have a history of domestic violence incidents, the case will normally be filed as a felony crime. If you are convicted of a misdemeanor case for PC 273.5 inflicting corporal injury on a spouse, you will face:

• Up to one year in a jail and;
• A fine of up to $6,000.

If convicted of a felony spousal abuse case, you will face:

• Up to 4 years in a California state prison and;
• A fine of up to $6,000

Additionally, the legal penalties for a felony conviction can be increased if you have a prior conviction within the past 7 years for corporal injury on a spouse, domestic battery, assault causing serious bodily injury, assault with a deadly weapon, or sexual battery. 

Penalties of a Misdemeanor or Felony Corporal Injury Conviction

The penalties of a misdemeanor or felony corporal injury conviction will probably include a protective or restraining order stopping you from getting into any contact with the victim, for a maximum of ten years. Furthermore, a conviction under PC 273.5(a) can lead to additional punishments. Individuals in Los Angeles convicted of corporal injury to a spouse may lose their right to Firearm Ownership and Professional Licenses.

Domestic Violence Restraining Order Coupled with Domestic Violence Charge

Often times the victim may file a domestic violence restraining order which is a court order which directs the abuser to not contact and abuse the victim. Furthermore, it regulates and restricts the behavior of the abuser. To obtain a domestic violence restraining order the victim must prove by a preponderance of the evidence that the victim has suffered some type of abuse which could include bodily injury, including causing or attempted to cause bodily injury, sexual assault, or show that the victim has been placed in reasonable apprehension of receiving imminent serious bodily injury.

Get Help Defending California Penal Code Section 273.5 Corporal Injury on a Spouse and Restraining Order from an Experienced Lawyer

Hire the most dedicated Glendale criminal defense and Los Angeles restraining order attorney. Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale domestic violence attorney today.

KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171

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What Does a California Expungement Do?

Under Penal Code § 1203.4, an expungement essentially discharges a person from whatever sentencing they were given due to being convicted of a crime. One powerful advantage that expungement offers is that an expunged conviction does not typically have to be disclosed to potential private employers or institutions. As it stands, California law prevents employers from inquiring about an applicant’s previous criminal record until such a time when the employer proposes a legitimate offer of employment. However, once a conviction gets expunged, it doesn't need to be revealed to an employer even after the employer makes a job offer.  However, you may still be required to disclose the expunged conviction if filing any applications with government organizations such as for professional licensing with the Contractors State Licensing Board; State Bar of California; Medical Board of California; California Board of Pharmacy; California Department of Real Estate; California Board of Accountancy; or any such other licensing board that requires a Live Scan for California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) level criminal history record checks. 

Who is Qualified to Have Conviction Dropped Under California Expungement Law?

Someone who was sentenced for a crime in California is eligible for expungement provided that:

• They have successfully completed probation for the offense, and that they either
• Did not serve time in state jail for the offense, or
• Served time in state jail, however they would have served it in county jail had the crime been committed after usage of "Realignment" under Proposition 47.1

Who isn't Qualified For an Expungement in California?

Individuals are not qualified for expungement in the event that they:

• are presently accused of a criminal offense,
• are on post trial supervision for a criminal offense, and/or
• are serving a sentence for a criminal offense.

Glendale, Los Angeles Expungement Lawyers Can Help

Expungement is a huge step forward for many individuals who have been accused of a crime. This crucial step allows for a much easier re-entry into society and we can help you to get there! If you or a loved one may benefit from an expungement, give us a call at (310) 943-1171 for a free criminal defense consultation with one of our Glendale criminal defense attorney today.  Our lawyers in Glendale, Los Angeles, California, are dedicating to providing the highest quality legal services for all of our clients. Get Directions on Google Maps

What Does The Prosecution Have to Prove to Be Convicted of HS 11365?

Technical elements constitute the legal definition of presence during unlawful use of controlled substances, which means that for the HS 11365 charges to hold, the following five elements must be true:

2. 1. 1. You freely and willingly chose to visit a place where someone was using a controlled substance,
2. 1. 1. You had knowledge that the person(s) intended to use the controlled substance,
2. 1. 1. You meant to help or support the other person in using the controlled substance,
2. 1. 1. You said or did something that did help them, and
2. 1. You would have known that your actions and words helped them to use the controlled substance.

Therefore, while HS 11365 has wording that focuses primarily around the idea of someone being ‘present’ while the use is happening, there is actually to show than merely being at the scene of the crime. You would additionally have to take an action or say something that helps or abets the use of the controlled substance.

Lending a ‘Helping Hand’ isn’t Always a Good Thing

To understand what ‘helping’ or ‘encouraging’ use of a controlled substance means in legal terms, we must know that it entails these critical points:

2. 1. 1. You knew or strongly suspected the person(s) wanted to use a controlled substance,
2. 1. 1. You specifically meant to help, encourage, support, instigate, or oversee the use of the controlled substance,
2. 1. You did actually help, encourage, support, instigate, or oversee the use of the controlled substance.

Clearly, there are a lot of principles and points that a violator of this statute would have to meet. To better illustrate these in a more real-world situation, let’s consider to different scenarios which may end with two very different results.

Examples of HS 11365 Charges

The following are examples of HS 11365 charges and how they might play out in court.

Violating HS 11365 Example 1

In the first scenario, suppose you went to a party with some friends where some people were snorting coke. You notice and become aware that some people are doing coke, but you choose not to say or do anything about it. You are clearly uneasy and you walk away whenever someone offers you a chance to do a line yourself. Given this scenario, you would not be found guilty of violating HS 11365 because even though you were present at a venue where drugs were being used, you did nothing to help or encourage the use of those drugs, nor did you partake in it yourself.

Violating HS 11365 Example 2

Conversely, let’s say the scene played out a bit differently. You’re still at a party with your friends where some people are using coke. Throughout the night, you dance with someone and have a few drinks with them. You take a liking to them and want to see them after the party. One of their friends interrupts by offering some coke. The person you liked looks at you for approval and you, not wanting to be a buzzkill, encourage them to go ahead and have fun. If that person then goes ahead and takes a hit of coke, then you may later be found guilty of violating HS 11365 since you encouraged the use of a controlled substance while at a place where they were being used.

What is a Controlled Substance?

California Health and Safety Code 11365 applies solely to a select group of ‘controlled substance’. These substances are:

• • Cocaine, cocaine base, or coke,
  • Heroin,
  • Methamphetamine,
  • Mescalin,
• Peyote,
• Gamma Hydroxybutyric Acid, or GHB.

As you may have noticed, marijuana is ostentatiously absent from the list. This is because California’s HS 11365 law does not apply to marijuana and thus you cannot be guilty of violating HS 11365 if you are present and encourage marijuana use.

Penalties Health and Safety Code 11365 Charges

As we alluded to at the beginning, knowingly being in a place where controlled substances are used is considered a misdemeanor. As such, the potential consequences are:

• • Summary probation, which typically includes a condition that you must successfully finish a drug treatment program,
  • A maximum of 6 months in county jail, and/or,
• A fine of no more than $1,000.

Deferred Entry of Judgement Program for Health and Safety Code 11365 Conviction

It is imperative to keep in mind that even if you are convicted of being present at the time of controlled substance use under Health and Safety Code 11365, you may still be eligible for California’s ‘deferred entry of judgement’ or pretrial diversion program. In a nutshell, deferred entry of judgement suspends the charged placed against you while you complete a state-approved drug rehabilitation program. Upon successfully finishing it, the charges get dismissed. However, to qualify for this option, there are some requirements. For example, you typically will need to have no previous controlled substance related charges and the charges need to not have involved violence.

Defenses to California Health and Safety Code 11365

There are a few legal defenses to California Health and Safety Code 11365. Despite possibly having the option of drug diversion, sometimes it may be far more sensible to fight the charges that are posed against you directly. This is typically done by using some of the common legal defenses, such as lack of knowledge.

As an example, if you weren’t aware of the illegal controlled substance use, and/or had no knowledge that your actions or words may have indirectly encouraged use of those substance, then you are not guilty of helping or supporting the use of controlled substances, even if you were present at the location. Alternatively, another method is to argue that you flat did not say or do anything to aid or support someone in using the controlled substance. These are just two of the many possible ways of defending an HS 11365 case.

We Can Help Defend You

For answers to any other questions you may still have about California Health and Safety Code 11365, about being present while controlled substances are used, or to discuss your case confidentially with our team of experienced California criminal defense attorneys, give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.

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.

What’s important to note is that if neither of the above points holds true, and you are merely drunk in a public place, like a bar or a street, then you are not guilty of violating this penal code...no matter what an annoyed, or even aggressive, cop might say!

Drunk in Public Charges

Words carry lots of weight in the legal realm because what is meant and conveyed in the law can be used to argue in favor of, or against someone in a case. As it pertains to public intoxication or “drunk in public” charges, wording is very relevant. This is because the formal legal definition of being “drunk in public” bears with it three very key elements that must hold true in order for the charge to be justified. This means that the prosecutor has to show these elements are true in court for a defendant to get convicted of violating Penal Code 647(f). The elements are:

1. You were willfully under the influence of alcohol, drugs, and/or some controlled substance,
2. You were located in a public place while you were under the influence, and
3. You were either:
4. 1. Incapable of taking care of yourself or caring for the safety of others, and/or
   2. Interfered, blocked, or made it difficult for people to freely make use of public ways, roads, streets, or sidewalks.

Penal Code 647(f)

Therefore, simply being really drunk, even drunk enough to blackout or pass out, does not automatically make you guilty of violating Penal Code 647(f). So, while on the surface it may seem easy enough to denote a law for public intoxication, it actually becomes a very technical and specific process. We can use those technicalities to our advantage.

It’s a Free Country...Mostly

Willingly Under the Influence

First off, let’s zero in on that first element of the definition we mentioned above. To be willingly under the influence means that you got intoxicated of your own free will. Therefore, the prosecutor would have to establish that you intentionally got drunk or intoxicated and that it was something you did by your own deliberate choice. So, let’s say you were drugged or someone slipped something in your drink. In that scenario, you could not be found guilty of violating Penal Code 647(f). Similarly, let’s say you thought you were enjoying a non-alcoholic beverage, but someone changed your drink and gave you something else...in that situation you would still not be guilty because you did not get intoxicated willingly.

All Publicity is Good Publicity...right?

Now about that second crucial element in the definition—“public”. As far as California law is concerned, a public place is anywhere outside of a private residence where people are free to walk. Some obvious examples that fit the definition would be places like a shopping center, a bar, a restaurant, a movie theater, a street, and a park or a beach. There are some less obvious places that this definition also covers, such as shared, communal hallways or lounges in apartment complexes, the front yard, front porch and driveway of someone’s home, and a parked car on a public road. Similarly, a hotel hallway is a public place, but the actual hotel room is not.

What is Considered a "Public Place" for Purposes of Public Intoxication Charges in California?

It is important to know that a place can be considered ‘public’ even if there aren’t any other people actually present at that location: what matters is that it is accessible to the public, not that anyone is there or likely to be there. On the other hand, some examples of private areas would be places like private homes, apartments or residences, and garages, sheds, guest houses, or backyards. Finally, it’s imperative to keep in mind that you cannot be found guilty of being intoxicated in public if you got drunk or inebriated in a private place, but then were forced out to a public place. There have been instances where people (sometimes even law enforcement!) force intoxicated people to go with them to a public place and then arrest or accuse them of being drunk in public. That’s why it is so important to always know your rights.

Safety First!

The whole third premise of this penal code rests upon safety, specifically denoting when someone poses a threat to safety. The law specifies that a person who is so intoxicated that they are unable to care for themselves or for those around them are considered drunk enough that they pose a risk to the wellbeing of themselves and to those around them. To illustrate this, picture two different people, Leo and Kevin, both of whom are outside of an LA bar at 2 in the morning.

Examples of California Public Intoxication Charges

Leo is trying to call for an Uber when a cop comes up to him and questions him. Leo is able to answer the cop’s questions, and while the cop can both see and smell that Leo is definitely drunk, he can also tell that Leo is coherent enough to get himself into a cab. Therefore, Leo doesn’t pose a threat to himself or to anyone else outside that bar. However as the cop begins to leave, he notices Kevin, who is also trying to find his Uber. The difference is that Kevin has wandered onto the middle of the road to see if any of the cars are his cab and as a result the drivers are forced to slam their brakes to avoid running into Kevin. He is clearly incoherent and he trips and falls right in the middle of the street.

Given that situation, it’s clear that both Leo and Kevin are drunk, but what matters is that Leo’s actions aren’t threatening his safety or the safety of others, whereas Kevin’s drunken shenanigans are endangering his life as well as the safety of others around him. Thus, Leo would not be charged with violating Penal Code 647(f), but Kevin very well may be. The cop could notice that Kevin’s level of drunkenness is so extreme that it actually does pose a safety hazard and so Kevin can be found guilty of a Los Angeles public intoxication charge.

And While You’re at it...Try Not to Get in the Way Either

The second half of that last component deals with obstructions of public places. Going back to our previous example, Leo gets in his cab and heads home, whereas Kevin stumbles and falls in the middle of the street. Let’s say he manages to drag himself back onto the sidewalk, where he passes out from being so drunk. In this situation, people who are walking on that sidewalk may be forced to step onto him, step over him, or otherwise go off the sidewalk to walk around him. Therefore, Kevin is blocking the free passage of people in a public space and that is also grounds for a potential public intoxication arrest.

Penalties of Penal Code 647(f) Conviction

The penalties of penal code 657(f) are more than just a bad hangover. If convicted of a Penal Code 647(f), the penalties include the following:

• Serving up to 6 months in county jail,
• Getting fined no more than a maximum amount of $1,000, and/or
• Summary probation.

More Than Three Public Intoxication Charges in One Year Period

However, if you get a “public intoxication” conviction three or more times within a 1 year period, then you will have a minimum sentence of 90 days in county jail. The court can reduce that sentence down to a 60 day period, provided that you spend those 60 days in an alcohol recovery program and treatment center.

Sometimes a Good Legal Defense...is a Great Offense

A seasoned Glendale criminal defense attorney will explore several methods of protecting you by incorporating the details of your case as well as the circumstances leading up to the alleged public intoxication charges. The following are some examples of defenses that your lawyer may use to fight the accusations:

• The location in question was not ‘public’
• • If you were arrested in any type of private residence, then there cannot be any ‘public’ intoxication charges, no matter how drunk you were. Because there are some technicalities to what California law defines as public, sometimes officers might think that you’re in a public space, when really you are not (such as being in a backyard instead of a front yard).
• Inconclusive or not enough evidence of intoxication
• • For you to get convicted of a Penal Code 647(f) charge, the prosecutor would need to show beyond any reasonable level of doubt that you got willingly intoxicated in a public place and engaged in the kind of behavior that satisfies the legal definition of public intoxication. You’d be surprised just how often all of those pieces of evidence are just simply not available or otherwise are too flimsy to stand in court.
• Not enough probable cause
• • It can be pretty common in these types of public intoxication cases for the police to violate someone’s rights while they’re ‘investigating’ the situation. If they...
  • • detain you without personally having born witness to you violating a law,
    • Carry out an illegal search and violate California’s search and seizure laws, or
    • Make up, or produce false evidence against you,
  • ...then your defense attorney can put out a California motion to suppress evidence, potentially getting the entire case dismissed outright. Always bear in mind that the US Constitution protects you from illegal searches, seizures or actions from the police.
• Diversion or Deferred Entry of Judgement
• • Even in the event that you are obviously guilty of violating Penal Code 647(f), if your arrest resulted from behavior that stemmed from the use of controlled substances or drugs, or even a combination of those and alcohol, then an adept California defense attorney will still be able to negotiate a deferred entry of judgement (DEJ) or pretrial diversion deal with the prosecutor and the judge. In this scenario, you agree to attend and successfully complete a state-approved drug treatment program. Upon meeting those conditions, the charges against you will be dismissed and you will not have the violation listed on your criminal record.

Call Us. Our Criminal Lawyers Can Help with Your Penal Code 647(f) Charges

If you or a loved one has been accused of violating Penal Code 647(f), don’t hesitate to give us a toll free call at (310) 943-1171 to speak with our experienced California defense attorneys today. Our lawyers in Glendale, Los Angeles, California, are dedicating to providing all of our clients with the highest quality legal services possible.

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. Get Directions on Google Maps 

Can You Grow Marijuana Outdoors in California?

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.

What Does Cultivating Mean?

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:

• To plant,
• To harvest,
• To nurture,
• To grow,
• To dry,
• To water,
• To process,
• To care for,
• Or to cultivate any marijuana plant or any of its parts therein.

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.

“But, it’s Medicinal”, You Say!

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:

• People who need to use marijuana for treatment of a serious medical condition, as prescribed by a doctor,
• The primary caregivers to those people, and
• Dispensaries, or, more formally, medicinal marijuana collectives.

How Many Cannabis Plants Can a Medicinal Marijuana Patients Grow in California?

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.

Violations of Marijuana Health and Safety Code 11358

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:

• Serving a maximum of 6 months in county jail, and/or
• Being fined no more than $500.

You should, however, keep in mind that violating HS 11358 does have more severe consequences if:

• You have been convicted of any violent felonies or crimes in the past,
• You are a registered sex offender,
• You have 2 or more previous convictions for cultivating or growing more than the legal limit of 6 marijuana plants, and/or
• You violated other California environmental laws or ordinances while cultivating marijuana.

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.

One Other Way to Patch Things Up: California Penal Code 1000—Pretrial Diversion

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.

Re-sentencing of California Marijuana Cases Through Prop 64

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 Good Defense Doesn’t Have to Be Hard to Come By

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:

• The marijuana was not yours.
• • If the prosecutor cannot definitively prove the marijuana belonged to you, then you are not guilty of committing a crime. For example, let’s say the marijuana was found in a communal space that is shared amongst different residents, such as a garden or backyard. If there is no other proof that you were the one to specifically plant or cultivate the marijuana then you are not guilty.
• You were not aware there was marijuana.
• • Let’s say you go on vacation and come back to find some marijuana plants growing on your property. The prosecutor must still be able to show at the very least that you knew there was marijuana being grown on your property and that you chose not to do anything about it.
• You did not recognize that it was marijuana.
• • If the prosecutor cannot demonstrate that you know what marijuana plants look like, then you cannot be found guilty of violating the law. For example, if your roommate plants a bunch of marijuana plants at your residence, then you wouldn’t be found guilty of breaking the law if you didn’t even know that they were marijuana plants in the first place.
• You are a medical marijuana patient whose needs are higher than the limits set out in Prop 64 and the Compassionate Use Act.
• • This would be an affirmative defense to an accusation that you have cultivated more than the legal limit of marijuana. The burden is still on you to show that:
  • • You have a serious medical condition as defined by the Compassionate Use Act
    • You have gotten a recommendation or approval from a physician to use marijuana in your treatment of the ailment and that
    • You need more than the current legal limits on marijuana cultivation can provide.
• The marijuana was found illegally.
• • This is where your Fourth Amendment Right kicks in to protect you from unreasonable searches and seizures of your private property. If a law enforcement officer did not have a valid warrant to search through your property, nor sufficient cause to do so, then any evidence obtained from such unsanctioned searches and seizures cannot be used in a court of law.

Los Angeles Marijuana Lawyer: California Health and Safety Code 11358

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.

First Time DUI Conviction in California

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".

Immigration Consequences of a DUI Conviction

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.

DUI Attorney in Glendale

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.

Examples of Penal Code Section 148(a)(1) Violations:

1. Case of Unlawfully Deferring an Officer: An officer wants to meet with a witness to a crime. The defendant keeps on interfering with the officer's meeting with the witness, even though they were told not to do so. In this case, the officer may have reasonable justification to arrest the defendant for interfering.
2. Case of Opposing Officer: An officer responds to a house call with alleged abusive behavior. After establishing that the homeowner has harassed his spouse, the officer says to him that he will be taken into custody for further questioning. The homeowner battles frantically to avoid arrest. He is in violation of the Penal Code Section 148(a) and therefore is subject to detainment.
3. Case of Blocking Officer: Officers capture a criminal suspect and place him inside a police vehicle. The defendant approaches the vehicle and tries to speak with the captured individual. Various officers advise the defendant to step away from the watch vehicle, however he does not comply. The officers are occupied with investigating the scene of the crime and performing other authority obligations as a result of the defendant’s refusal to comply with their legal commands. The defendant as, therefore, interfered and is in violation of the law.

How a Glendale Criminal Defense Lawyer Can Help You Out

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.

Infraction

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 Marijuana Health and Safety Code 11357

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.

Possession of Marijuana on School Grounds in California

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.

How An Los Angeles Marijuana Defense Attorney Can Help

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

• If you did not own the marijuana, then you are not guilty of a crime. This can apply if, for instance, the police accused you of having marijuana that did not belong to you. You can potentially argue that the marijuana belonged to a friend whose clothes or bag you were borrowing, or that someone slipped the drug into your belongings in order to evade their own sentencing.

-You were not aware that you had any marijuana

• Likewise, if you were not aware of having any marijuana, then you have not violated the law. This is because mere possession of marijuana is not sufficient in and of itself to warrant a conviction. The prosecutor does need to demonstrate that you were aware of your dominion over the drug, otherwise you are entitled to an acquittal. Going along with the previous examples, if an acquaintance leaves their marijuana in your bag without your knowledge or understanding, then you are not guilty of violating the law.

-The marijuana in question was procured in an illegal search or seizure

• Many times, California drug crimes and accusations come out of illegally obtained evidence as a result of them coming from an unsanctioned search or seizure. There are laws in place to protect your belongings and private property and if the authorities do not expressly follow those laws, then any evidence they may discover is not valid in a court of law. Quite often, police violate California’s search and seizure laws when they obtain evidence or drugs by performing a search without a valid California search warrant, when they issue a search or initiate a stop without proper motive or suspicion, or when they search somewhere that is beyond the scope of the warrant or suspected person. In such scenarios, an aware attorney can file a Penal Code 1538.5 PC motion to suppress illegally obtained evidence, which will likely result in a dismissal or significant reduction to the original charges.

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.