Legal Question in Criminal Law in California

RE:/I do not do drugs; notice to appear march 28, 2002 at san diego municipal co

RE:/I do not do drugs; Notice to appear March 28, 2002 at San Diego Municipal Court Room 2 at 9:30 am for ''air fresheners.'' Can you help?

Hi, I want to tell you what happened to me just about (4) four months ago. On October 24, 2002 I was given a citation for violating California Health And Safety Code 11364.7(a) selling and possessing drug paraphernalia (air fresheners & brillo pads) at our store.

I was working at my parents store as a cashier and several agents from Alcohol Beverage Control Department came in the store and asked how much an air fresher costs. I told them that it would cost $1.69. Then they went over to the kitchen section and asked how much a brillo pad costs and I told them it would cost $1.99.

The product of concern specifically states on the box that it is to be used for office, home or auto. What intent can a shopper have is not my concern.

I need your help to fight vicious attacks and false accusations, which are politically motivated. I am an innocent citizen who has nowhere to turn for help.


Asked on 2/25/02, 1:46 am

4 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: RE:/I do not do drugs; notice to appear march 28, 2002 at san diego municipa

You're either hallucinating, or you've just stepped off the planet onto the planet bazaar. If you have no money to hire an attorney. You will be given legal representation by the Public Defenders office. I suspect these charges will not be filed by the police, or if filed, then dropped by the D. A.'s office. If these charges were not dropped. Then there's more to the matter than you're setting forth. If you've been given a date to appear in court. Then go to the court. When you get your complaint from the court, re-ask your questions.

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Answered on 2/25/02, 7:37 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: RE:/I do not do drugs; notice to appear march 28, 2002 at san diego municipa

Thanks for your posting. Although I have handled hundreds of �11364 paraphenalia cases, I have not heard of brillo pads and air fresheners being listed as "paraphenalia", but the law, in Health & Safety Code section 11364.5(d) has a long list of what is "paraphenalia."

You mentioned political motivations. The law was recently (January, 2002) amended to continue to prohibits possession of devices used for "unlawfully injecting" controlled substances (Health & Saf. Code, � 11364), and makes it a crime to deliver, furnish, or transfer drug paraphernalia "except as authorized by law ." (Health & Saf. Code, � 11364.7, subd. (a).), with some new defenses, that counties are confused about and unfortunately for you, that judges need to be instructed on.

If you have other questions, I'm happy to help. You can contact mMy office in San Diego, on La Jolla Village Drive near UTC, and I can answer any questions you might have. Feel free to email or call my office at 858-546-2870, and best of luck!

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Answered on 2/25/02, 4:56 pm
Larry Rothman Larry Rothman & Associates

Re: RE:/I do not do drugs; notice to appear march 28, 2002 at san diego municipa

I do not see how you can be charged for air freshners, nor do I see how that can be politically motivated. If you fax me any documentation you have to 714 363 0229, I will provide you with free consultation and let you know what I would charge to represent you.

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Answered on 2/25/02, 5:00 pm
David Diamond Diamond & Associates

Re: RE:/I do not do drugs; notice to appear march 28, 2002 at san diego municipa

I can help you with your matter but your question/statement of facts is somewhat confusing. Please contact me if you would like to discuss your matter if further detail. (310) 277-1707.

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Answered on 2/25/02, 8:05 pm


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