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David D. Diamond State Bar Certified Criminal Law Specialist

Blog Posts in February, 2012

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  • Must a Judge Grant Your Expungement Request?
    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), the word ...

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  • Discovery in Restraining Order Cases
    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?
    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 need ...

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  • Medical Marijuana Law
    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
    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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