High Times magazine reported about a case involving Attorney David Diamond's client, a Pasadena man named Charles Pollard who had almost 25 ounces of his medical marijuana seized by Pasadena police, an amount worth more than $8,000. Pollard, who was on probation, was not at home when officers arrived but, upon being let in by a girl staying at his apartment, police observed Pollard's marijuana in the open. They accused him of violating his probation and arrested him as soon as he returned home.
Attorney Diamond told High Times that though medical marijuana is legal in the state of California, judges have ruled both ways as to whether possessing medical marijuana constitutes a violation of probation. Diamond does not believe that it should, stating "You know what, voters passed the law, and even though you're on probation I'm going to let you use your medicine as you see fit."
Thanks to Attorney Diamond’s strategic defense tactics, the judge in Pollard's case found that his marijuana did not violate his parole and his charges were dropped. Pasadena police, however, have refused to give Pollard back his medical marijuana, citing fears of federal prosecution. In return, a motion has been filed against the Pasadena Police Department to fulfill the original order to return the marijuana under punishment of fines, sanctions, and jail time for officers who do not abide by the judge's decision.
Attorney Diamond points out that cases like these where police officers ignore state courts are unfortunately becoming more common. "I have heard from other colleagues that the sheriff's department in the Lancaster area has done it a few times, but it's starting to spread a little bit, and that's why we need to stop it before it gets too out of control, like a plague of noncompliance." The focus is now on the City Attorney who is not expected to comply with the order to return Pollard's marijuana.
If you find yourself in a similar situation, be sure to contact Attorney David Diamond for proven defense.
