Difference Between Corporations and LLCs

Insofar as questions of jurisdiction, LLCs share many traits with corporations. Like corporations, LLCs are creatures of the state. As such, they are formed and operated in accordance with state laws. Furthermore, both corporations and LLCs are treated as legal entities separate and distinct from their owners, who are instead referred to as ‘members’. Given their status as a legal entity, LLCs can sue or be sued, enter into contracts and arrangements, and hold titles to property or estates.

Members of LLC vs. Shareholders of Corporation

Notably, the members of an LLC enjoy limited liability just like the shareholders of a corporation would. Members can also undertake actions on behalf of the LLC, and as with a corporation’s shareholders, any damages or charges recovered go to the LLC, not to the members themselves. However, just like how courts can, on occasion, determine that they ought to disregard a corporation as a legal entity and hold shareholders personally liable for damages, so too can the courts pierce the corporate veil of an LLC to hold individuals accountable for damages. These cases, however, are extremely rare and far and few between.

Disadvantages of Forming a Limited Liability Company "LLC"

As previously alluded to, the advantages of LLCs are many and the drawbacks are relatively few. One such disadvantage to consider is that the management structure of an LLC is not clearly stated nor defined in the legal literature. More often than not, it is up to the members to create, agree upon, and sign off on articles of organization which outline the key rules and principles of operation of the company. While, this may seem inconvenient at first, it can actually be viewed as a major advantage of an LLC, speaking to its flexibility and the level of freedom and control it can offer to its members. Below is a chart that effectively sums up the potential pros and cons of an LLC. Things to Consider About LLCs:

Advantages

Disadvantages

• Liability of members is limited to the amount of their investments
• LLC statutes are not yet completely uniform among all the states; some differences in liability or responsibility may apply
• Can choose whether to get taxed as a partnership or as a corporation
• Lack of case law with LLCs means that lawsuits are a little more nuanced
• If taxed as a partnership, can avoid “double taxation”
• Investors may not feel as comfortable investing in LLCs as corporations because of the above reason
• LLC itself isn’t taxed, profits get “passed” onto the members who only pay personal taxes
• Articles of organization should be drafted and agreed upon by members, which can be a little cumbersome
• Immense flexibility with internal organization
• California, and some other states,  levies a minimum yearly fee of $800, which the LLC must pay to enjoy limited liability
• General ease of doing business in other states

• Can consistent of one or many members

• Far more flexibility and far less documentation needed for LLCs than for corporations

How Does an LLC Work

As you can see, the benefits of an LLC generally outweigh the drawbacks. For further information, use the following chart as a reference; it provides answers to many common questions surrounding the details of how an LLC works.

Characteristics of

A Limited Liability Company

Method of Formation

It is formed by an agreement of the owner-members of the company. Articles of organization are filed. Charter has to be given by the state.

Legal Position

It is treated as a legal entity.

Liability

Member-owners liability is limited to the amount of capital contributions or investments.

Duration

Can have perpetual existence, unless there is only one member (like a corporation).

Interest Transferability

Member interests are freely transferable.

Management Scheme

Member-owners can fully participate in management, or they can designate managers to oversee the firm on their behalf.

Taxation

LLC does not get taxed, and members are taxed personally based on the profits that get “passed through” the LLC.

Fees and Annual Reports

Organizational fee is required, as well as a possible business privilege fee.

Foreign Business Transactions

Generally no limitations.

Speak to an LLC Lawyer in Los Angeles

While an LLC can offer you and your business many powerful tools and advantages, getting it set up as an LLC can be a somewhat difficult process. That’s where we can help. We have helped many clients start up LLCs for their businesses as well as converting an already existing business into an LLC. We always look for ways to help our clients maximize their profits in the legal realm, and this is no exception. If you or a loved one wishes to open an LLC, or has any further questions, we invite you to give us a toll free call at (310) 943-1171 to speak to one of our Los Angeles business lawyers today.

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 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.

Upon Successfully Finishing the DEJ Program 

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:

• You can lawfully and honestly say on an application for employment, school, housing, credit, or any other inquiry that you have not been convicted of that charge
• There will not be a conviction in your record that can be used against you in most cases.   However, if you apply for government employment like a peace officer or like, you may be required to disclose.

Failing to Successfully Finish the DEJ Program 

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:

• You have not attended the drug program
• Your participation was unsatisfactory
• You are not benefitting or showing improvements from the program
• You have gotten convicted of a felony while on the program
• You became convicted of a misdemeanor that shows a tendency for violence (i.e., assault, domestic violence charges, etc.)
• You participated in some other criminal activity that disqualified as per the judge’s discretion

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).

What Cases Qualify for Pretrial Diversion Per Penal Code § 1000?

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.

Drug Offenses

According to California Penal Code § 1000, some drug offenses are eligible for deferred entry of judgment. Most often, these are:

• Business & Professions Code § 4060—Possession of a Controlled Substance
• Health and Safety Code § 11350 and § 11377— Personal Possession of a Controlled Substance
• California Health & Safety Code § 11377— Possession of Controlled Substance: Methamphetamine
• Health and Safety Code § 11357— Possession of Less Than One Ounce of Marijuana
• Health and Safety Code § 11358— Cultivation of Marijuana
• Health and Safety Code § 11364— Possession of Drug Paraphernalia
• Health and Safety Code § 11365— Knowingly Being in a Place Where Drugs Are Being Used
• Health and Safety Code § 11368— Forgery of a Prescription
• Health and Safety Code § 11550— Being Under the Influence of a Controlled Substance
• Penal Code § 647(f)— Under the Influence of Drugs in Public
• Penal Code § 653(f)(d)— Solicitation of Drugs or Transportation of Them For Personal Use
• Vehicle Code § 23222(b)—Driving While in Possession of Marijuana  

*A ‘controlled substance’ refers most commonly to such drugs as Cocaine, Marijuana, Heroin, Methamphetamines, Ketamine, Ecstasy, Vicodin, Codeine, and GHB.

Criminal History Plays a Key Factor in Eligibility of DEJ Program

Your prior criminal history is the other major factor used to determine whether your case is eligible for a DEJ. The conditions are:

• You do not have any previous drug-related convictions
• The drug offense in question is only possession-related and doesn’t include the selling of a controlled substance
• The offense must be non-violent
• You have no other convictions for a felony within 5 years of committing the drug offense in question
• You have no past history of parole or probation violations
• You have not already participated in another DEJ or pretrial diversion program within the last 5 years

The Steps Needed to Get a Pretrial Diversion

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.  

Los Angeles Deferred Entry of Judgement Lawyer

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.

What Are The Kinds of Meth Possession You May Be Charged With?

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.

How Can You Protect Yourself Against Methamphetamine Possession Charges?

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.

Possession of Methamphetamine Defense Lawyers in California

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.

Penalties for Felony Identity Theft in California

Felony identity theft charges in California carry punishment of 3 years in state prison, court order to pay compensatory damages to the victim(s) that suffered damages, other fines, parole, and/or probation. Call now for a free consultation and case review at (310) 943-1171. If you or someone you love got these accusations of identity theft in California, it is important to understand the penalties that accompany a identity theft conviction. We invite you to contact our Glendale criminal lawyers for a free consultation and case review. Call our office at (310) 943-1171, our attorneys at KAASS Law speak English, French, Spanish, Russian, Armenian, and Italian.  

KAASS LAW is authorized to practice law in California. The above content is 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, 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.