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Sample Motions Attorney David D. Diamond is a State Bar Certified Criminal Law Specialist. His decades of experience are exactly what you need to overcome your criminal charges.

Sample Motions

David D. Diamond, #210258

1055 Wilshire Boulevard, Suite 1996 
Los Angeles, California 90017 
Telephone: (213) 250-9100 
Facsimile: (213) 250-9161 
Attorneys for Defendant

XXXXXXXXX

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - PASADENA

 

PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff 
vs. 
XXXXXXXXX - Defendant.
 

CASE No.: GAXXXXX 

DEFENDANT'S INFORMAL REQUEST THAT THE COURT DISMISS CHARGES PURSUANT TO PENAL CODE §1385 AND PEOPLE V. KONOW (2004) 32 Cal.4th 995

Department: 
Date: 
Time: 8:30 A.M.

TO THE ABOVE-ENTITLED COURT AND TO THE DISTRICT ATTORNEY OF

LOS ANGELES COUNTY AND HIS REPRESENTATIVE:

Defendant XXXXXXXXX hereby respectfully suggests that the Court consider dismissal of the charges against him in this action pursuant to the provisions of Penal Code § 1385, on the grounds that Mr. XXXXXXXXX is a medical marijuana patient in accordance with California's Proposition 215, and Senate Bill 420, respectively codified as Health and Safety Code §§ 11362.5 and 11362.7-11362.83.

MEMORANDUM OF POINTS AND AUTHORITIES

Medicinal cannabis patient XXXXXXXXX is facing charges of possession of marijuana for sale in violation of California Health and Safety Code §13359. Mr. XXXXXXX is a lawful medical marijuana patient and caregiver. The attached documentation includes a copy of Mr. XXXXXXXXX Physician's Recommendation for medical cannabis. Despite Mr. XXXXXXXXX provision of ample discovery to raise the requisite "reasonable doubt" of medical usage, the District Attorney's Office has yet to dismiss the charges against Mr. XXXXXXX.

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