Blog Posts in 2012

California Jail Credits

Time Served Credits in California. Before January 25, 2012, a defendant received 50% credits meaning 2 days for every 4 served. Effective January 25, 2010, a defendant gets 100% credits, meaning 4 ...
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DUI's from other states

DUI prior offenses from other states may qualify as priors in California, but those priors from the other state must have the same elements as the California DUI. For example, DUI in Arizona involves ...
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Caregiver Status

The court has held that the voters could not have intended that a dying cancer patient's primary caregiver would be subjected to a criminal sanction for carrying otherwise legally cultivated ...
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Complete Bans Unlawful

The Second District Court of Appeal in California issued a important decision in County of Los Angeles v. Alternative Medicinal Cannabis Collective (AMCC), whereby the Court affirmed the legality of ...
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Dispensary Patients Do Not Have to Work for Dispensary

The California Supreme Court recently denied review of a dispensary case out of Los Angeles. The court opted not to review the Court of Appeal ruling in People v. Colvin, and by doing so, the ...
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Workplace Violence Protective Order

Workplace violence protective orders must be initiated by the employer of the employee. They apply when an employee has suffered an unlawful act of violence in the workplace. The employer has to show ...
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Civil Harassment Restraining Orders

A civil harassment restraining order is unlike a domestic violence TRO in that the relationship between the parties is more casual. This type of protective order is normally for neighbors, casual ...
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Primary Caregiver for Medical Marijuana

In People v. Peron (1997) 59 Cal.App.4 th 1383, the court ruled that a primary caregiver who consistently grows and supplies physician approved or prescribed medical marijuana for a section 11362.5 ...
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Medical Marijuana Defense Can Be Used for Transportation

In People v. Wright (2004) 21 Cal.Rptr.3d 609, the court held that the medical marijuana defense applies to transportation charges.
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Medical Marijuana Court Rulings- Jury Cannot Second Guess Need

In People v. Spark (2004) 121 Cal.App.4 th 259, the court held that there is no need to show defendant was "seriously ill." During a trial for medical marijuana, a jury cannot second guess a ...
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Medical Marijuana Growing - People v Colvin

The California Supreme Court recently decided not to hear a case, this affirming the ruling that collective members are NOT required to cultivate their own marijuana. In People v. Colvin, the court ...
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Murder vs. Manslaughter

Murder vs. Manslaughter California Penal Code §187 specifically defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. This is similar to voluntary ...
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Must a Judge Grant Your Expungement Request?

Many people ask if a Judge has to grant your petition for an expungement. The answer is not simple. The law says that a Judge "shall" grant your request. Pursuant to People v Johnson (1955), ...
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Discovery in Restraining Order Cases

A major question in restraining order cases is whether or not discovery is permitted. A little known case answers that question. The simple answer is no. In Thomas v Quintero (126 Cal.App.4th 635), ...
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MMP Card or Recommendation or Both?

Often times our office is asked whether or not a person needs an MMP card and/or the physician's recommendation. Even peace officers are misguided under the law. The simple answer is you do NOT ...
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Medical Marijuana Law

Our firm was recently published for its review of medical marijuana law. Please refer to page 28 in the following magazine SFVBA February Magazine
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Courts Can Prohibit Medical Marijuana Use While on Probation

On January 27, 2012, the California COurt of Appeals was asked to decide if the trial court property mandated that a defendant could not use medical marijuana while on probation. The Court of Appeals ...
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