California Criminal Lawyers Blog

As Carson medical marijuana criminal defense attorneys, we were disappointed to see yet another raid on medical marijuana dispensaries by southern California law enforcement. The LA Weekly reported March 24 that the LAPD searched two dispensaries in Los Angeles March 23. Police said Medco Organics in Hollywood was operating too close to a school, but gave no reason for the raid on The Relief Co. in mid-city. According to the Associated Press, the raids resulted in the arrests of Stas Dolinsky, Rinaldo Cruzado and Noah Kleinman, all on suspicion of illegally selling marijuana. Officers seized one gun in the raids, along with unspecified amounts of pot and cash.

The raids come after the city and county's top prosecutors made it clear that they do not approve of legal medical marijuana sales. City Attorney Carmen Trutanich and county District Attorney Steve Cooley have said most medical marijuana dispensaries in the county are illegal because they are operating for a profit. This is against state law. Trutanich announced in mid-February that authorities would pursue cases against 21 dispensaries for various violations, including being a public nuisance and incorrect labeling. The Los Angeles City Council has also put strict limitations on how many and where the dispensaries may be. Dispensary owners and medical marijuana supporters say they are obeying state law and working to obey newer city ordinances, but are being unfairly targeted by politicians who dislike the legalization of medical marijuana.

We suspect that they're right. As Santa Ana medical marijuana criminal defense lawyers, we have noticed that the offenses behind the original search warrants are small offenses such as being a "public nuisance," which give police wide discretion. The raid on Medco Organics cites the dispensary for being too close to a school. If true, this violates a law that took effect nine days before the raid and is already the subject of a lawsuit seeking to overturn it. It's not difficult to believe that this is an attempt to harass dispensaries into shutting down. This may be politically advantageous for city councilmembers, Trutanich and Cooley, but it has life-altering consequences for those who end up arrested and charged with serious drug crimes. Not only could dispensary owners lose their small businesses and everything they've invested, but these three defendants now face years or decades in prison for "selling drugs."

Continue reading "Three Arrested for Drug Sales in Los Angeles Medical Marijuana Dispensary Raids" »

An Anaheim police officer resigned from his job after he was arrested for the third time for DUI with prescription drugs. Kevin Noel Schlueter, 37, pleaded not guilty to the first charge, which dates back about a year. The Orange County Register reported March 24 that two others were filed this week and last week, making them too recent for a plea. Each is a misdemeanor count of driving under the influence of prescription drugs. Schlueter was on unpaid administrative leave for about a year, but was placed on paid leave in November. After the Orange County Register reported on the situation earlier this month, the Anaheim Police Department said it would expedite its internal investigation into the matters. Schlueter resigned March 23.

Schlueter is not accused of causing any serious accidents or hurting anyone other than himself. In the first DUI arrest, which took place March 18, 2009, motorists on the 405 called 911 to report a possible drunk driver on the highway. A CHP officer was dispatched to wait for the vehicle, which almost weaved into the patrol car before the officer pulled it over. In the second incident, which took place Jan. 21 of this year, Schlueter is accused of being under the influence when he crashed his car through a backyard fence in Huntington Beach. Finally, on March 2, Schlueter allegedly crashed into three parked cars in his own street in Costa Mesa before reversing and crashing into a fourth. Personnel from an ambulance company across the street put him in the back of an ambulance to wait for police. In all of the cases, he is accused of being under the influence of various painkillers, stimulants, muscle relaxants and tranquilizers.

The articles don't mention any charges against Schlueter for possessing these substances illegally, so we'll assume he had legal prescriptions for them. In our experience as Redondo Beach intoxicated driving defense attorneys, many people don't realize that it's possible to be charged with a DUI for taking drugs that were legally prescribed to them. But in the case of prescription drug intoxication, California law requires only that prosecutors prove that the driver was under the influence of a drug (or a drug in combination with alcohol). That means you can be charged with any amount of a drug in your system, including a drug your doctor gave you. As Fullerton DUI criminal defense lawyers, we cannot overemphasize the importance of making sure any prescription drug that might impair you is completely out of your system before you get behind the wheel.

Continue reading "Police Officer Resigns After Third Charge of Driving Under the Influence of Drugs" »

As Newport Beach intoxicated driving criminal defense attorneys, we were interested to read about the DUI charges against an active Orange County Sheriff's Department deputy. Mark Wayne Hewlett of Orange, 30, faces misdemeanor DUI charges as well as one count of unauthorized possession of a controlled substance. According to a March 23 article in the Orange County Register, Hewlett was arrested in mid-December, after he crashed his car into a planter at a private home in Villa Park. That home happens to belong to Orange County Supervisor Bill Campbell, who said the crash caused about $2,000 in damage. Hewlett is currently on full duty status with his department, but an investigation is pending, a spokesperson said.

The Orange County District Attorney's office said Hewlett had just left a friend's home when the crash happened at around 1:45 in the morning of December 13. He had several alcoholic beverages at the home and was intoxicated when he got into the car, the report said. Outside Campbell's home, Hewlett lost control of the vehicle, jumped the curb and drove over the grass into the planter. Sheriff's deputies responding at the scene said Hewlett showed signs of intoxication, including a smell of alcohol, glassy eyes and poor balance. His blood-alcohol concentration was taken at 3:30 a.m. -- an hour and 45 minutes after the crash -- and showed a BAC of 0.13, over the legal limit of 0.08. Police also found him in possession of the antianxiety drug Xanax, for which he did not have a prescription.

We're especially interested in the time delay between the arrest and the test of Hewlett's blood-alcohol concentration. It is not illegal in California to have a BAC over 0.08 while sitting in a police station; it is illegal to have that BAC while driving. As Cypress DUI criminal defense lawyers, we know that it takes some time for alcohol to hit the bloodstream -- exactly how much depends a lot on factors like the person's weight and how much he or she has eaten. That means it's possible for delayed BAC tests to be false positives, showing more intoxication than the driver actually felt while driving. This could be the case with Hewlett, if he had his last drink just before leaving his friend's house. It's also worth noting that Xanax, if it was in his system, increases the effects of alcohol, making the patient more intoxicated than he or she would be with alcohol alone.

Continue reading "Orange County Deputy Sheriff Charged With DUI After Crash Near Supervisors Home" »

Our Huntington Beach drunk driving defense attorneys were disappointed to note that a young Laguna Hills man was arrested on suspicion of felony drunk driving over the weekend. The Orange County Register reported March 15 that police believe alcohol was a factor when Nicolas Cavallo, 19, crashed his car into a tree. Four friends were in his car; all four sustained moderate to mild injuries. Cavallo's accident made the news in part because he's the son of Joe Cavallo, a criminal defense attorney who became famous for representing Gregory Haidl in both of his trials for the sexual assault of a teenaged girl. Haidl was the son of OC Assistant Sheriff Don Haidl, who later turned state's witness in the corruption trial of former OC Sheriff Michael Carona.

When the crash occurred, Cavallo and his friends had just left a party in the Laguna Hills neighborhood of Nellie Gail. Cavallo was driving at around 4 a.m. when his 2008 Subaru hit a tree. The four passengers sustained minor injuries in the crash, but Cavallo was the most badly hurt, with injuries including a broken wrist and a broken leg. He was taken to Mission Hospital, as were three of the four passengers. As of March 15, he was listed in good condition there. A Laguna Hills police spokesperson said the hospital ran blood tests on Cavallo before he went into surgery. Possibly based on the results, the spokesperson said police believe alcohol was involved in the crash. No BAC test result was reported.

As Fallbrook DUI defense lawyers, we're afraid Cavallo's age means he has far less flexibility with his BAC test results. The legal limit for people 21 and older is 0.08, but California's "zero tolerance" law for minors under 21 means their legal limit is 0.01. People with low (under 0.05) BAC test results may be charged with a civil rather than criminal violation, but because Cavallo got into an accident, prosecutors may not be interested in doing this. In fact, he faces felony charges, likely because of the injuries. Under the law, it doesn't matter that Cavallo himself suffered the most serious of the injuries or that his friends weren't hospitalized; any bodily injury is enough to make it a felony. His father's notoriety may also play into the case. For those reasons, we very much hope Cavallo will be represented by an experienced attorney.

Continue reading "Son of High Profile Attorney Arrested in Suspected DUI Injury Accident" »

Our Cerritos domestic violence criminal defense lawyers wrote last week about dropped spousal abuse charges for an Orange County prosecutor and his wife. We were surprised to see another report about a local prosecutor's domestic violence arrest in the Daily Pilot March 16. Newport Beach City Attorney David Hunt was arrested March 14 after what the newspaper described as a family fight that ended with injuries to his wife. He posted $50,000 bail and was released early March 15. The Orange County District Attorney's office is considering whether to file charges, and the Newport Beach City Council will meet privately next week to discuss the matter.

Hunt lives in Santa Ana, so the Santa Ana police responded in the incident. That department told the Daily Pilot that the incident started with an argument between Hunt and his 18-year-old son. Neither the son nor the wife was named in media reports. When Hunt's wife intervened, he shoved her to the ground. As she fell, she hit a table and then the floor, resulting in a bump on her head and a cut to her arm and hand. Hunt's son called the police. The Daily Pilot said the city of Newport Beach could officially sanction Hunt if it believes he committed misconduct that relates to his duties for the city. But the mayor, Keith Curry, said the council would support Hunt taking time off to address these problems.

As Tustin domestic violence criminal defense attorneys, we think taking that time will be important if prosecutors decide to file charges against Hunt. Spousal abuse can be a felony or a misdemeanor in California, according to the prosecutor's discretion. Typically, it's charged as a felony when there was a serious injury or a hospitalization. That doesn't seem to describe the incident in the article, which makes us wonder whether prosecutors will follow through with the felony charge. In fact, from the description, we wonder if Hunt really intended to push his wife. In some domestic cases we've seen, the victim was actually trying to stop a fight between two other people, and got in the way or was rebuffed more violently than intended. This is hardly a situation that calls for a felony charge, and under some circumstances, may not even merit a misdemeanor charge.

Continue reading "Newport Beach City Attorney Arrested on Suspicion of Felony Spousal Battery" »

Our Dana Point drunk driving criminal defense attorneys were not at all surprised to see that OC law enforcement plans to step up its patrols for St. Patrick's Day. The OC Weekly reported March 17 that the Orange County Sheriff's Department plans "saturation patrols," which are large numbers of officers patrolling a relatively small, targeted area. The location or locations of the patrols were not mentioned. The patrols are a project of the OC Sheriff's Department DUI Task Force. Police agencies around the region are planning similar patrols or DUI checkpoints, in response to the spike in drunk driving that typically takes place on St. Patrick's Day.

The OC Weekly cited federal statistics saying that on St. Patrick's Day in 2008, 37% of the drivers involved in fatal crashes had a blood-alcohol concentration of 0.08 or higher. That's the cutoff for a "per se" violation of California drunk driving laws. Officers told the newspaper that driving drunk "isn't worth the risk." In support of that idea, the article mentioned the case of Richard Ernest Caselli, 37, of Ladera Ranch. Caselli is accused of killing Brook Boynton, 51, while driving drunk last October. Caselli is accused of speeding in excess of 100 mph before losing control and hitting Boynton's SUV. Boynton was thrown from the overturning vehicle and sustained fatal injuries. Caselli is charged with vehicular manslaughter with gross negligence while intoxicated, which carries up to 10 years in prison. He will be arraigned Friday.

As Fullerton DUI criminal defense lawyers, we'd like to add that the accident doesn't have to be fatal to have severe, negative effects on your life. A first-time intoxicated driving offense in Orange County, with no injury or death, means an arrest and at least a short time in jail; almost immediate loss of your driver's license; and skyrocketing auto insurance rates. If you are convicted, you face jail time or probation, hundreds of dollars in fines and court costs, alcohol education classes and sometimes community service. Experts say the financial cost can easily exceed $5,000, and that isn't counting any problems at work from not having a driver's license. All of this means that if you've been arrested for driving drunk, you need an experienced attorney by your side.

Continue reading "Orange County Law Enforcement Plans Increased DUI Patrols for St. Patrick's Day" »

Our Norwalk DUI criminal defense lawyers don't always trust the police to do the right thing when one of their own is accused. But we were disappointed to see that reinforced by a March 5 report from the OC Register. According to the newspaper, an off-duty Orange County sheriff's deputy was arrested March 1 for driving under the influence after he ran his car and another car into a tree in Laguna Niguel. However, it wasn't the first crash of the day for Allan James Waters. Just 33 minutes earlier, Waters had been in a crash in Dana Point, which was handled by his fellow sheriff's deputies.

The first crash was not described in detail, but did not appear to have caused any injuries. The report said Waters' 2008 Mercedes hit a Lexus outside the Dana Point City Hall. OC sheriff's deputies took a police report, as is routine in car crashes, and sent both drivers on their way. From there, Waters apparently headed into Laguna Niguel, where he crossed into oncoming traffic, hit a Toyota with an older couple inside and ran both vehicles into a tree. The Los Angeles Times said passenger Dolores Medina, 78, suffered minor injuries. The California Highway Patrol officers who handled this crash said Waters showed signs of intoxication and arrested him on suspicion of DUI. Interestingly, Waters is on paid administrative leave from his job for reasons the OC Sheriff's Department declined to specify.

The Times said the Sheriff's Department will conduct an internal investigation about why Waters was allowed to leave the scene of the first crash. As San Clemente drunk driving criminal defense attorneys, we'd like to see the results of that investigation. Waters was dealing with colleagues in his first crash, which suggests that they may have been inclined to give him a second chance they wouldn't give a civilian. If he showed clear signs of intoxication, this could be serious misconduct. Suspicion of DUI is always at least partly a judgment call, but police have a responsibility to use their judgment wisely and neutrally. As this case may show, that doesn't always happen in reality.

Continue reading "Off-Duty Sheriff's Deputy Arrested for DUI After Crashing Twice in 33 Minutes" »

Our Corona medical marijuana criminal defense attorneys know medical marijuana can be legally confusing. Even though state law allows marijuana to be sold and possessed for medical purposes, federal law bans it. As the Orange County Register pointed out March 9, the situation is further confused by ordinances in several OC cities banning dispensaries that provide the drug to more than one person. In Santa Ana, for example, the law allows qualified patients to possess marijuana, and allows hospitals and hospices to provide it, but does not allow storefront-type dispensaries. It was unclear what the city's objection was, but it has recently notified at least 29 suspected dispensaries operating within city limits that they are under criminal investigation.

Medical marijuana dispensary owners simply cannot get a permit from cities with this type of ban, which also include Anaheim, Yorba Linda and San Clemente. That's true even if they already have a state permit and collect sales taxes for the state. A lawsuit seeking to overturn the Anaheim law is on appeal, but in the meantime, some dispensaries are simply operating without a permit. Others have obtained city permits by lying about the nature of their business. And at least one, SoCal Compassion, has moved to an unincorporated part of the county. If a city with a ban successfully raids a medical marijuana dispensary, the owners face a fine and a complete shutdown of their business. They may also face criminal prosecution if law enforcement believes they have violated state medical marijuana laws.

As Placentia medical marijuana criminal defense lawyers, we are disappointed with these bans. Medical marijuana dispensaries are operating successfully and peacefully throughout California, and we have yet to see any evidence that they attract abnormal amounts of crime. However, it is undisputed that dispensaries pay state sales taxes and provide a service to people with valid medical marijuana prescriptions. Operating a business without a license is clearly not legal, but in this case, it's an understandable outgrowth of the untenable situation many dispensaries have been put into. We do not believe owners of law-abiding, legitimate medical marijuana dispensaries should be forced into a legal corner by anti-marijuana prejudices, and we certainly do not think they should be criminally prosecuted if they have followed state law.

Continue reading "City Ordinances Make State Licensed Medical Marijuana Dispensaries Illegal" »

A recent item about dropped charges for an Orange County prosecutor caught our eyes as Long Beach domestic violence criminal defense attorneys. The OC Register reported March 9 that no charges will be filed against David Brent and Roshawn Jolancia Brent in connection with a fight they had in the parking lot of Ocean View High School in Huntington Beach. David Brent, 53, is an experienced Assistant Deputy District Attorney in Orange County. Among his cases was the prosecution of Alejandro Avila, who was accused of killing five-year-old Samantha Runnion. Because he works for the prosecutor in the county where the arrest occurred, the case was handed over to the state Attorney General's office. It announced Tuesday that it will not file charges.

The Brents' fight took place on Christmas of last year and reportedly had to do with a gift. According to the article, Roshawn Brent, 27, made an emergency call at around 11 p.m., saying her husband had hit her. Police responded, but found that David Brent had already left the scene, taking the keys to the couple's car but not the car itself. After an investigation, the police arrested Roshawn Brent. They then found David Brent on foot and arrested him as well. Both arrests were on suspicion of inflicting corporal injury on a spouse. The Attorney General's office did not explain why it chose not to pursue a case. David Brent released a statement on behalf of both parties saying they were grateful the office found that they had done nothing wrong.

From the article, there's no way to say whether the Attorney General's office made the right call. But as Orange domestic violence criminal defense lawyers, we know that police officers tend to make arrests hastily in suspected domestic violence cases. The police see plenty of real domestic violence, so they may jump to conclusions if they think a fight got physical. Officers may also make arrests to give everyone a "cooling off" period. Unfortunately, this can have serious real-world consequences. A conviction for domestic violence means a new and sometimes large set of legal problems, including restraining orders and child custody problems as well as jail and fines. In cases like this, where the couple may just have had a bad night, this is severe overkill.

Continue reading "No Charges Will Be Filed Against Couple Arrested for Domestic Violence" »

Our Riverside County drug possession attorneys were disappointed to see an item about a Sacramento man convicted of a felony for trying to leave the state with legal medical marijuana. The Sacramento Bee reported March 10 that Matthew Zugsberger, 34, was convicted of marijuana possession, a misdemeanor, and felony transportation of marijuana. Zugsberger had a doctor's recommendation allowing him to possess up to five pounds of marijuana for medical use, treating pain from crushed vertebrae acquired in a deep-sea diving accident. He was stopped at the Sacramento airport on the way to New Orleans, carrying three pounds of marijuana. He said he planned to have his ex-wife and another chef turn the drug into food products, because he has trouble smoking.

The trial itself took a day and a half, but jury deliberations lasted more than three days and nearly ended in a deadlock. Jurors said they found the medical marijuana laws they were asked to interpret unclear. One juror pointed out that the doctor's recommendation for five pounds seemed to contradict California law, which authorizes marijuana use for "current medical needs." Complicating the case was a Jan. 21 California Supreme Court decision, which found that the state cannot impose limits on how much marijuana a patient may grow or possess. Ultimately, the jury convicted Zugsberger of possession and transportation, but acquitted him of possessing marijuana for sale, a felony. He is in jail awaiting an April 8 sentencing, where he could get up to four years in prison for the transportation count. He intends to appeal.

A previous article notes that the sales charges against Zugsberger were entirely based on the amount of marijuana he had in his possession. As Rancho Cucamonga drug possession lawyers, we know this is standard procedure under California law, which allows prosecutors to simply assume intent to sell if the amount possessed is greater than one ounce. As this case shows, some prosecutors are willing to assume this even if there is a legal doctor's order authorizing the patient to have more. This shifts the burden to prove no intent to sell to the defendant. We agree with the jurors that this situation makes no sense. Zugsberger was authorized to have much more than the amount he possessed. The article cited no evidence aside from the amount that he intended to sell it, and he offered a reasonable explanation for both the sale and the transport. Trying to leave the state with medical marijuana may have been foolish, but we don't believe it should have been called a crime.

Continue reading "Medical Marijuana Patient Convicted of Marijuana Possession and Transportation" »

A recent item from the Daily Pilot interested us greatly as Orange drug possession criminal defense attorneys, because it showed how police misconduct can shatter a case. According to the March 3 article, a Superior Court judge dismissed all charges this week against Brian David Heslington, 37, because the police had misrepresented the documents that supported a search warrant against him. As a result of that warrant, police found a controlled substance and a firearm at Heslington's home, leading to possession charges for both. The judge said the police officer responsible for the mistake had submitted "false or restless testimony" in support of the search warrant.

Heslington originally came to law enforcement's attention because of his involvement in a bar fight in Newport Beach, in which he and other Hell's Angels fought with another biker gang. More than a week later, on Aug. 6, 2008, the Newport Beach police searched Heslington's home. It wasn't clear what controlled substance was found or why the firearm was not legal. However, the charges were thrown out because of mistakes by Newport Beach officer Christine O'Donnell. She reportedly submitted uncertified documents when certified ones were called for, and submitted a photocopied court seal instead of an authentic one. Perhaps more importantly to the judge, she failed to clarify this in two separate court hearings. The judge's opinion said this made it possible that the search warrant was granted based on false statements.

This doesn't happen in every case our Fontana drug possession defense lawyers handle -- but when it does, it can weaken the case so badly that it must be thrown out. Search warrants must be based on court orders because they are an exception to our Fourth Amendment right to be free of unreasonable searches. Those court orders require judges to weigh the evidence carefully -- which they cannot do if they are given false or misleading statements. That is, lies and sloppy work from police undermine the protections in our justice system against police overreaching. And, as in this case, that means that the evidence from the search may be hopelessly tainted and must be thrown out. Without evidence, prosecutors generally don't have a case and must drop the charges entirely.

HOWARD | NASSIRI PC represents clients who are facing all types of drug charges, from simple possession to sales and trafficking. As with this case, many drug cases are built around a search, sometimes multiple searches or surveillance. And as with this case, those searches must be legal in order to hold up in court. Searches may be irrevocably tainted by tainted warrants; a lack of any warrant; traffic stops without reasonable probable cause or other violations. Our Buena Park drug possession criminal defense lawyers look carefully through each new drug case we take to find these and other violations of our clients' legal rights. These can form the basis of a strong defense, or sometimes allow us to negotiate for reduced charges with lighter, more reasonable penalties.

If you're charged with any kind of drug crime in California, don't assume you're guilty just because the police said you were. To discuss your options at a free, confidential consultation, please call HOWARD | NASSIRI at 1-800-872-5925 or contact us through the Internet today.

The states of Illinois and New York have passed laws barring registered sex offenders from using social networking sites, sparking an outcry from civil libertarians. So our Los Angeles sex crimes defense attorneys were disappointed to see that the state of California is considering following suit, according to a March 2 article from the San Francisco Chronicle. The bill introduced last month by Assemblywoman Norma Torres makes it a crime for registered sex offenders to use any social networking site. It was sponsored by San Francisco District Attorney Kamala Harris, who is running for state Attorney General. A similar bill from Santa Clara's state Sen. George Runner was introduced in the state Senate.

The bill from Torres defines a social networking site as any site that allows users to build networks or connect with other people, and that "provides means for users to connect over the Internet." It's not clear how people who break the law would be penalized. In fact, the article noted that the law relies to some extent on sex offenders to remove themselves from the sites out of fear of prosecution. An attorney for Facebook and another attorney general candidate, Chris Kelly, noted that it's hard for social networking sites to track down offenders without a requirement like New York's, which goes further than the proposed legislation by requiring sex offenders to provide their email addresses and online handles. Torres cited the recent case of a 12-year-old girl who was sexually assaulted by a 33-year-old man she met on MySpace.

We absolutely agree that winning the trust of young Internet users and then raping them is illegal and unacceptable and should be punished. However, as Fallbrook sex crimes criminal defense lawyers, we don't believe this proposed law would be either effective or constitutional if passed. The law relies mainly on sex offenders to self-police, which is generally not successful in any area of criminal law. (There are also statistics showing that this is a solution looking for a problem; only a tiny fraction of child sexual assaults are by people the victim met online.) Perhaps more importantly, this law may be unconstitutional, because it unreasonably restricts individuals' rights without a rational goal or evidence of another crime. Former sex offenders may not be popular, but the Bill of Rights still applies to them. And a restriction on using the Internet, especially if interpreted broadly, could hurt the ex-offenders' efforts to get jobs and live law-abiding lives.

Continue reading "California Legislature Considers Ban on Sex Offenders in Social Networking Sites" »

As Long Beach medical marijuana criminal defense attorneys, we were extremely disappointed to see that Los Angeles County prosecutors are aggressively pursuing charges against legally operating dispensaries. As the Associated Press reported Feb. 18, the owner of a medical marijuana dispensary in West Los Angeles is charged with no fewer than 24 felonies, including possessing, transporting and distributing marijuana. All of the charges against Jeff Joseph, operator of Organica, stem from alleged violations of state law. State law recognizes a difference between medical marijuana and recreational drug use; federal law does not. Joseph pleaded not guilty, but his bail was set at $520,000.

According to the article, Joseph's charges are the result of an "intensive" investigation by state and federal officers, including undercover purchases by FBI agents. Joseph and other operators of medical marijuana dispensaries are also facing civil lawsuits filed by Los Angeles City Attorney Carmen Trutanich. Both the city and the county allege that the practice of selling marijuana over the counter is illegal even though possessing and using it is legal, which the medical marijuana community vigorously disputes. The courts have not yet ruled on this. The prosecutors also allege that the dispensaries are making a profit in violation of the Attorney General's guidelines, which say dispensaries should not be for profit. Joseph's Los Angeles medical marijuana defense lawyer said prosecutors had singled him out as a scapegoat for political reasons.

This criminal case could be very important, because it may give courts their first opportunity to rule on whether Cooley and Trutanich are right about over-the-counter marijuana sales. That's important to our Irvine medical marijuana criminal defense lawyers, because any court ruling could affect businesses all over Southern California and the state. We suspect that Joseph's attorney is correct that the prosecutions are politically motivated. However, there is ample evidence that over-the-counter sales are legal, including the fact that dispensaries must get a seller's permit and collect sales tax for the state Board of Equalization. The Attorney General's guidelines allow collectives and cooperatives to reasonably compensate their workers. And then there's the common-sense question of how patients can legally possess and use marijuana without a legal way to purchase it.

Continue reading "Medical Marijuana Dispensary Operator Charged With 24 Felonies in Los Angeles" »

As Fullerton drunk driving criminal defense lawyers, we already have a problem with the concept of DUI checkpoints. Also called sobriety roadblocks, these are the areas where police stop every car and check each driver for signs of intoxication, regardless of whether they have a reasonable suspicion. The Supreme Court has ruled that they are legal, but we believe they invite too many opportunities for abuses by officers. Unfortunately, a Feb. 14 blog post from the OC Register shows that this concern is well-founded. The Center for Investigative Reporting at UC Berkeley's California Watch publication reported Feb. 13 that sobriety checkpoints across California have become cash cows for cities, allowing law enforcement to seize vehicles from unlicensed drivers, usually minorities and often illegal immigrants.

A 2005 ruling from the Ninth U.S. Circuit Court of Appeals made it illegal for officers to impound vehicles just because the driver is not licensed. Nonetheless, the report says vehicle seizures actually went up by 53% between 2007 and 2009. In fact, the investigation found that the total number of seized cars in 2009 was about seven times larger than the total number of arrests for drunk driving -- the ostensible point of a sobriety roadblock. The impound fees allow cash-strapped municipalities to raise money from fines and split towing fees with towing companies. It also allows police officers to earn overtime from federal grant money, which may be the reason why some roadblocks had up to three times as many officers as necessary. And according to the article, the checkpoints are substantially more common in Hispanic areas, suggesting that authorities are targeting communities they think are full of unlicensed illegal immigrants.

A great deal of the attention paid to this report online focuses on the fact that many drivers who are not licensed are not in this country legally. But as South Gate DUI criminal defense attorneys, we'd like to discuss the constitutional problems and potential for abuse with sobriety checkpoints. Checkpoints were challenged long ago in the Supreme Court for violating the Fourth Amendment right to be free of illegal search and seizure. The court acknowledged that the practice is unconstitutional -- but it ruled that it was legal anyway, saying the state's interest in stopping drunk driving outweighed the Fourth Amendment. As a result, we cannot challenge any arrest from a sobriety checkpoint in California, although we can and do challenge arrests from checkpoints that violate legal guidelines. Thanks to this article, we will also be on the look for "sobriety checkpoints" that are abusive in other ways.

Continue reading "Investigative Report Finds Sober Drivers' Cars Routinely Impounded at Sobriety Checkpoints" »

As Chino Hills DUI criminal defense attorneys, we were interested to see an article about a suspected DUI case that didn't end with a criminal charge. The Orange County Register reported Feb. 22 that Thomas Reed, 23, of Canyon Lake is accused of causing an accident involving an off-duty Los Angeles County sheriff's deputy and the principal of Marina High School in Huntington Beach. Reed is accused of rear-ending a car driven by Jonathan Kerber, 23, on the 91 Freeway near Imperial Highway. Debris from the accident hit a car driven by Paul Morrow, principal of Marina High.

Law enforcement said Reed was driving at about 100 mph when he rear-ended a car driven by Kerber. Also in the car was Kerber's wife Mallory Kerber, 27. Jonathan Kerber saw Reed's vehicle coming and veered to the right, off the road. Reed veered to the left and hit the center divider. Debris from that impact hit a car driven by Morrow, and occupied by passenger Jeanne Ellis, an assistant principal at the school. Ellis sustained multiple broken bones and Morrow sustained a concussion. Both Kerbers sustained minor injuries, but Jonathan Kerber was alert enough to chase Reed and stopped his attempt to flee the scene. The Orange County District Attorney's office said there was insufficient evidence to charge Reed, but that may change if more evidence comes to light.

To some people, it may seem like an injustice that the DA's office didn't charge Reed. But as Westminster drunk driving defense attorneys, we know that prosecutors won't bring charges if they don't believe they can win at trial. That suggests that in this case, they don't have they key piece of evidence in most DUI cases -- a breath, blood or urine test. Without a blood-alcohol concentration test result, you can still be charged with DUI in California, but only if prosecutors believe they can prove you were under the influence of alcohol, drugs or both. This can be difficult to prove without a BAC test result, because evidence for it is usually circumstantial. However, Reed may still face a DMV license suspension if he refused to take a test.

Continue reading "Prosecutors Decline to Charge Alleged Drunk Driver Who Hit Off-Duty Officer" »

A recent piece of news from the celebrity press caught the eyes of our Los Angeles County battery criminal defense lawyers. According to a Feb. 20 article from the Los Angeles Times, actor Sean Penn has been charged with two misdemeanors that stem from a run-in he had Oct. 12 with a photographer. The incident was captured on video by another photographer and broadcast on TV and the Internet by celebrity gossip site TMZ. If convicted of misdemeanor battery and misdemeanor vandalism, Penn, the award-winning star of "Milk" and "Mystic River," faces up to 18 months in jail. He will be arraigned March 22.

Video of the incident is widely available online:

The video clearly shows Penn approaching the photographer and kicking at him, while yelling "Get out!" As the incident wore on, the paparazzo retreated and the person operating the video camera got into his or her car, obscuring the view of the remainder of the incident. However, the photographer's attorney now claims he was badly hurt enough to require surgery. The charges from the Los Angeles County District Attorney's office are battery and vandalism, which means Penn is being accused of physically touching the paparazzo, and with damaging his camera. Penn has a history of bad relations with the paparazzi, having been criminally charged twice in the eighties for attacking strangers who tried to photograph him. He also received a suspended sentence for punching someone at a nightclub who he thought had kissed his then-wife, Madonna.

Judging by the video and the facts in the article, our Newport Beach battery criminal defense lawyers think Penn has a good chance of defending himself. The video certainly shows that Penn approached the paparazzo and yelled at him, but it never clearly shows a punch or a kick connecting. This is important when the charge is battery, because battery is the crime of force or unwanted touching -- not just threats. The video may show damage to the camera, when Penn forces the photographer to back into a car, but again, the video is not as clear as prosecutors might want. The previous convictions in the article are more than 20 years old by now. And of course, jurors may sympathize with Penn, who has repeatedly criticized the paparazzi and their routine invasions of targets' privacy.

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