Recent Blog Posts in April 2010

I have represented clients charged with posession for sale, cultivation and transportation of marijuana throughout my career, and there are a lot of new laws governing the possession of marijuana in both Los Angeles and Ventura counties.

We advise many who are seeking the protection of the Compassionate Use Act under California's Proposition 215, which is a law that makes it legal for patients and their designated primary caregivers to possess and cultivate marijuana for the patients' personal medical use, given the recommendation or approval of a California-licensed physician.

Federal and State laws differ on the legal nature of marijuana, and so this leaves a lot of confusion with the general public. Here's the text of Proposition 215 for your reference:

Compassionate Use Act of 1996

Health and Safety Code Section 11362.5

  Sec. (1) a-b The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
      (A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where the medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
     (B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
      (C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
      (2) Nothing in this Act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
      (c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any rights or privilege, for having recommended marijuana to a patient for medical purposes.
      (d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to the patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
      (e) For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health, or safety of that person.
      Sec. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.

Here are some recent articles that were published in the Ventura County Star regarding both Camarillo and Fillmore's ban of Marijuana Dispensaries in the area:

http://www.vcstar.com/news/2010/mar/25/camarillo-passes-new-ban-on-marijuana/

http://www.vcstar.com/news/2010/apr/14/fillmore-adopts-45-day-moratorium-on-pot/

So, you pay the bail bondsman, your attorney, and now an investigator?

It is crucial and in most, if not in all of this firm's cases, that we use the services of an investigator.  It is important that you know why we use the services of this valuable resource to assist you in getting the best result.

When the attorney initially gathers all of the arrest reports, tapes, and other evidence in the case, it is primarily written in the first person of law enforcement, the witness for the people who are prosecuting you.  It is understandable that they have an interest in your prosecution and their job is to enforce the laws, not to fight zealously for your defense.

Therefore, it is logical that you would want a person who has the experience of a law enforcement officer to validate, or test the veracity (or truthfulness) of the police reports, and of the witnesses that are giving statements to the police.  Frequently, if asked in a different way, witnesses will give a completely different answer to the same question.  Sometimes witnesses, upon reflection, will say that they overreacted or embellished. 

It is also important to have an investigator get a statement from a witness who says that law enforcement has told them not to speak with the defense, if that is the case.  Or, have the investigator inquire as to why a witness prefers not to speak with them.  Why a witness will not speak with the defense is almost as important as the witnesses that will speak freely.

In my opinion, it is the talented investigator who can decipher who is telling the truth, who is hiding more information, who has those bad things in their closets, and ultimately who will be one who will be valuable for your best defense.  Keep in mind that each investigator has his or her strengths and weaknesses. Some are organized and are perfect for a certain kind of case. Others are information "diggers" and can get information where no one else can get it. Some investigators are great writers and reporters (giving testimony). Ideally, your investigator has a little of each in him or her.

The real value of an investigator is if you have secured a statement from a witness, and later on the stand they testify differently.  What is an attorney to do?  Your investigator can testify to the original statements and therefore provide you with your best possible defense.

No matter what your situation, it is always important to ask your attorney if they will be using the assistance of an investigator, a valuable and crucial member of your defense team.