Los Angeles Criminal Lawyer Blog

Van Nuys news reports that law-enforcement has seized thousands of marijuana plaints from an indoor pot-growing facility in the San Fernando Valley. The seizure is part of a larger drug crime investigation that may extend into additional Los Angeles area communities.

Drug searches were also conducted in Canoga Park, Sherman Oaks, North Hills, North Hollywood and Palmdale. No arrests were made initially, but several individuals were targeted.

In order to reduce the number of drug crime both State and Federal law enforcement agencies hand down harsh punishments to any one arrested on a suspicion of a drug crime. If you have been arrested on any drug charges, you need an experienced Los Angeles drug crimes attorney to prepare your defense.

Continue reading "Los Angeles Drug Raid Yields Thousands Of Marijuana Plants" »

Many new criminal laws will be taking effect in 2011 that are certain to effect individuals throughout Los Angeles and all of California. If you are charged with any crime, it is best to contact an experienced Los Angeles Criminal Defense Lawyer who understands the most current laws and will ensure you receive the best defense possible.

Below is a partial list of these laws:

• Medical Parole - Inmates who are permanently medically incapacitated may be paroled out of the state prison system to less costly medical facilities.

• Alternative Punishment - SB 1266 establishes an alternative punishment arrangement for woman, including those who are pregnant or primary caregivers of dependent children. The program uses electronic monitoring to supervise the inmates while they attend various rehabilitative classes such as parenting and vocational programs, or receive substance abuse treatment.

• Sex Crimes - Adoption of "Chelsea's Law" which increases the penalties for forcible sex acts against minors, as well as creating "safe zones" around parks and mandating lifetime parole for specific sex acts.

• Fraud/Harassment - Adoption of SB-1411 which makes it a misdemeanor to impersonate another on-line through a website, e-mail or social media.

• Drug Crimes - Possession of less than 28.5 grams of marijuana will now be considered an infraction, rather than a misdemeanor with a fine of no more than $100.

Continue reading "Los Angeles Criminal Law Changes For 2011" »

The L.A. Times reports that L.A. and Orange counties are considering banning medical marijuana dispensaries in unincorporated areas. At issue - whether allowing pot dispensaries creates a negative impact on the surrounding areas. Several L.A. county cities have banned dispensaries, pushing them out to unincorporated areas such as East Los Angeles, Altadena and Marina del Rey.

Citing the need to protect "safety and property values," the Los Angeles Board of Supervisors will consider a proposal to ban the dispensaries altogether, after the county has allowed them for four years with strict prohibitions.

Illegal pot dispensaries have cropped up throughout the area.

Generally, possession of marijuana in California constitutes a misdemeanor. However, the sale or purchase of drugs with the intent to sell is a felony. Penalties vary, depending on the type of drugs involved and the quantity. When the drugs are sold near school or involve minor, penalties may be enhanced.

Often, those involved in legitimate operation of a pot dispensaries as well as those who use marijuana for medical purposes are inappropriately targeted and charged with a California drug crime.

Continue reading "Los Angeles And Orange Counties Considering Pot Dispensary Ban" »

According to a recent article in L.A. now, the Drug Policy Alliance has issued a report concluding that blacks are arrested for marijuana possession at higher rate than whites in 25 California cities. The study reports that in Los Angeles, blacks are arrested 7.1 times more than whites. Torrance has the highest discrepancy with blacks 13.8 times more likely to be arrested than whites, and Pasadena is second with rate of 12.5 times.

Proponents of Proposition 19 note that, "For decades, law enforcement strategies have targeted low-income people of color who bear the disproportionate burden and stigma of arrest, prosecution, and permanent criminal records for marijuana possession and other minor drug offenses."

Current law for possession of marijuana for up to an ounce is considered an "infraction" rather than a misdemeanor. Proposition 19 will allow adults at least 21 years old to possess up to an ounce of marijuana.

In 2009 61,164 arrests were made for possession of less than one-ounce marijuana. Not only is drug possession one of the most commonly committed drug offenses in Los Angeles, but it is also the most frequently prosecuted.

Although marijuana possession is typically charged as a misdemeanor, if the prosecution can prove intent to sell, you may be charged with a felony. Intent to sell may be shown by circumstantial evidence such as scales, large amounts of cash, baggies and packaging supplies or through informants and wiretapped conversations.

A conviction for drug possession for personal use does not required that the drugs be found on your person - convictions can occurred if the controlled substance was found in your home, car or other place within your control.

Continue reading "Disparate Rate Of Marijuana Possession Arrests In Los Angeles, Torrance and Pasadena" »

A San Bernardino middle school vice principal has been order to stand trial on felony drug and child welfare charges. The woman was charged with possession of marijuana for sale and child endangerment as the result of a staged burglary set up by her teenaged son.

For most controlled substances, drug possession for personal use is charged as a felony. However possession for personal use can be a misdemeanor where the drug at issue is marijuana.

Where the possession of the drugs is with the intent to sell, the prosecution must only prove that the accused intended to sell the drugs, not that the sell actually took place.

Here, the vice principal presented evidence that she grew medical marijuana for her business, a medical marijuana dispensary in Los Angeles. At the preliminary hearing, San Bernardino County Judge Douglas Gericke determined sufficient evidence existed to support the charge and held the woman over for trial.

Continue reading "Teacher Who Operates Medical Marijuana Dispensary Charged With Felony Drug Possession" »

Beginning Monday, the Los Angeles County Court System will start a pilot program aimed to help veterans who have committed non-violent felonies. The "veterans court" will assist those men and women who need treatment after returning from military service and who may commit crimes as the result of the emotional toll of military service. All military personnel will be eligible, particularly those suffering form post-traumatic stress disorder, traumatic brain injuries and other mental conditions.

Depending on the type of crime, veterans could be referred to treatment within the Veterans Affairs Department. The individuals would receive supervision and if they violate the terms of the court, the penalties received will increase.

Non-violent felonies include crimes such as theft, drug possession, vandalism, arson, and DUIs.

As a Los Angeles Criminal defense attorney, I believe this is a positive development for veterans. Treating the unique circumstances affecting individuals returning from combat provides a better opportunity to help those who have experienced emotional trauma than does penalizing them with extensive jail time and fines for the effects of that trauma. Although the veterans will not be given a "free pass" for non-violent crimes, special attention will be paid.

Continue reading "Los Angeles County Begins Program For Veterans Who Commit Non-Violent Felonies" »