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Entrapment

admin • May 18, 2021

LAW: Entrapment occurs when police or informants use tactics that would convince an otherwise law-abiding  person to commit a crime. A defendant is not guilty of any offense if the defendant’s intent to commit the crime was created by the police or their informant. Under Federal law showing that the defendant had a prior propensity to commit the crime can defeat a claim of entrapment. 

OFFERING AN OPPORTUNITY TO COMMIT A CRIME IS NOT ENTRAPMENT! 

Undercover police or their agents (informants) may provide the opportunity for the crime to be committed. For  example one might ask, “Hey, anyone here want to sell me some herb?” That is NOT considered entrapment, but offering a mere opportunity. 

Note from Bruce: COPS CAN LEGALLY LIE! Undercover narcotics officers and their informants do not have to tell the truth about their role in undercover operations. Asking directly, “Are you a cop?” does not help.

Possession of up to an ounce

By admin • May 20, 2021
Reductions and Dismissals of Prior Marijuana Felonies  As of November 8, 2016, with passage of Prop 64., it is now Legal to Possess (and Give) an ounce of Marijuana & 8 grams of Hashish; California Health & Safety Code § 11362.1, 11362.45;  LAW: POSSESSION, BY ADULTS OVER 21, OF AN OUNCE OR LESS OF MARIJUANA […] The post Possession of up to an ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession of Over an Ounce

By admin • May 18, 2021
California Health & Safety Code § 11357;  Except as authorized by the law*, possession of not more than 28.5 grams of marijuana, or not more than four/ eight grams* of concentrated cannabis, or both, shall be punished or adjudicated as follows:  ALL ADULTS 21 OVER IN CALIFORNIA   LAW: POSSESSION OF OVER AN OUNCE OF MARIJUANA […] The post Possession of Over an Ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession for Sale

By admin • May 18, 2021
California Health & Safety Code § 11359 b MISDEMEANOR LAW: POSSESSION FOR SALE IS A MISDEMEANOR UNDER MOST   CIRCUMSTANCES: To sell means to exchange any amount of marijuana or  hashish for anything of value. Note that “giving away” up to an ounce of marijuana  is legal in the State of California involving adults over the age of […] The post Possession for Sale first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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Cultivation

By admin • May 18, 2021
California Health & Safety Code §11362.2 & §11358 Misdemeanor /Felony  LAW: Cultivation of up to 6 live plants of Marijuana is legal per residence for adults  over 21; and you may posses whatever amounts have been previously grown, and  harvested (also in the residence).  Note from Bruce: You may want to keep the root-balls as evidence that […] The post Cultivation first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Driving Under the Influence (DUI) When Impaired

By admin • May 18, 2021
Vehicle Code 23152e CA  PROP 64 DID NOT AMEND OR CHANGE LAWS REGARDING MARIJUANA DUI PROSECUTION   LAW: Even though possession of Marijuana is legalized, it remains unlawful to drive while under  the influence of marijuana or any drug if impaired to the degree that one is unable to operate a  motor vehicle safely.  PENALTY: For […] The post Driving Under the Influence (DUI) When Impaired first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Drug Testing and Employment

By admin • May 18, 2021
Unfortunately notwithstanding the passage of Prop 64 (AUMA), the legalization of marijuana/cannabis in some instances, employers may still refuse to hire and fire persons that use marijuana/cannabis. California NORML has sponsored pending legislation, that will provide protections for patients from lose of  employment.  Ross v. Raging Wire Telecom [42 Cal. 4th 920 (2008)]- CA Supreme Court […] The post Drug Testing and Employment first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Forfeiture of Money and Property

By admin • May 18, 2021
California Health & Safety Code §11470(e) Forfeiture laws allow state and federal governments to seize money and property that  are proceeds of, or are used to, facilitate illicit drug activity. Forfeiture proceedings are  usually filed separately from the criminal case in which the “defendant” is the money  or property itself. The owner must file a […] The post Forfeiture of Money and Property first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age

By admin • May 18, 2021
11357(b) H&S (And Save Your Driver’s License While Doing So)  Note from Bruce: Under California law, anyone younger than 21 years old who is convicted of a marijuana offense will lose his/her driver’s license for one year, even if the offense is not driving related; this is subject to the discretion of the Judge.   DEFERRED […] The post How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Destruction of Arrest and Conviction Records

By admin • May 18, 2021
California Health & Safety Code §11361.5 Removing and   Expungement (PC §1203.4 ) of your Marijuana Conviction   California law requires all governmental agencies to automatically destroy any records of marijuana possession  charges and any records of charges for giving away or transporting up to one ounce of marijuana two years after  the date of conviction or […] The post Destruction of Arrest and Conviction Records first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Deferred Entry of Judgment (DEJ) = Dismissal

By admin • May 18, 2021
PC §1000 & 100.94 (LA County) Charges for the possession of marijuana or hashish and for the cultivation of  marijuana for personal use can be dismissed through successful completion of  Deferred Entry of Judgment. DEJ is not applicable to charges involving possession  for sale or transportation unless the marijuana is for personal use. The defendant  must plead guilty to […] The post Deferred Entry of Judgment (DEJ) = Dismissal first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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