Los Angeles Criminal Law Blog
     


Drug Addiction and Criminality: Alternative Sentencing Options

Posted on: June 28, 2007 at 6:20 a.m.

The obvious and sad reality is that addiction often leads to criminal behavior including theft, drug sales, DUI, and other more serious violations. There are numerous drug programs in Southern California, in-patient and out-patient, available to treat drug and alcohol addiction. Often the Criminal Law Blog has used these programs as an alternative to jail or prison for clients in custody, as part of the Alternative Sentecing scheme available under California law which includes Deferred Entry of Judgement, Proposition 36, and Drug Diversion. While keeping clients out of jail is the Law Blog's main objective, we are also concerned about recidivism -- to prevent clients from relapsing and being rearrested. Accordingly, we counsel clients to take their rehabilitation seriously, and to be committed to change with a sponsor, a dedication to the 12-step lifestyle, and seeing a therapist on a regular basis. Finally, the following website provides a good introduction to addiction and treatment information http://web4health.info/

Tagged as: drug addiction and treatment, drug crimes defense, probation and sentencing laws




Is there a "Medical" Marijuana Defense in California?

Posted on: May 30, 2007 at 1:01 p.m.

Proposition 215 was passed by the voters in California in 1996, commonly referred to as the Compassionate Use Act. That was followed 8 years later by Senate Bill 420, enacted in 2004. These two propositions have been codified in the California Penal Code section 11362.775 et seq. The federal government does not recognize this law, and thus sales of marijuana under the federal system are criminalized.

Unfortunately, the Los Angeles Police Department has decided not to enforce the laws of California, but to act as "de facto" DEA agents. It is this conflict between state and federal laws that leads to abuses of power by the local police.

In a recent case handled by the firm, a client had substantial monies and several ounces of marijuana ordered returned to him by the Court, after the D.A. dismissed the case in the middle of a preliminary hearing. The case had substantial problems of proof, as we had the recommending medical doctor ready to testify and the LAPD "expert on drug sales" was not familiar with the provisions of Medical Marijuana laws, packaging, or business operations. In sum, cross-examination of the police officers on the case demonstrated they knew very little about the law.

Tagged as: drug addiction and treatment, drug crimes defense, faq









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