Legal Question in Criminal Law in California

In a strange twist, I was arrested today and given a citation that says I possess and distribute cannabis, I am a Medical Marijauna patient

I make tinctures for The House of Kush and the large ball jars are stored in my closet.

Earlier today, my nephew used my daughters car to take a gas can from someones truck and bring it to the house. He emptied it into the car and put it into the trash area. The police were called with the license plate and they came to pick him up.

When they arrived I guess my nephew did not come to the door, so the police went into the house and were looking for him. During that process they came across my ball jars with tinctures.

They thought they had found gold.

Hash

They found my nephew, took him in and booked him. When I arrived home, they asked me some questions and took me in.

After the usual searching, taking away my shoes, jacket, fingerprinting, dna testing, sitting cold i got questioned.

Saw the tinctures being carted in while I was sitting there.

They put a bracelet on me that said LA COUNTY, such a good feeling.

'

I was LET GO with a citation, and will have to appear in court for possesion with the intent to sell.


Asked on 2/04/12, 5:50 am

4 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

Your medical marajuana card is valid for the legal purposes covered. However, the card does not cover Possession for Sales. Law enforcement has charged you with this charge because they believed, after their investigation, that the hash was possessed, with intent to sell. I can only say that you should contact a very good attorney quickly. As a Former Deputy D.A and a Ceertified Criminal Law Specialist, our office has handled 100's of these types of cases. Find a lawyer in or near your area with credentials and experience like ours if at all possible. I wish you well.................David Wallin

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Answered on 2/04/12, 8:28 am
Edward Hoffman Law Offices of Edward A. Hoffman

Did the police have a warrant? If not, I don't see any basis for them to enter the house without permission. Perhaps with more information I would see one.

Mr. Wallin is right that you should get a lawyer asap. Be sure to ask her if she thinks the search was illegal and if she believes the evidence can be excluded on that basis.

Good luck.

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Answered on 2/04/12, 5:08 pm
Terry A. Nelson Nelson & Lawless

Set aside your bemused indignation, and hire an attorney to represent you on the criminal charges unless you feel like the taste of prison food. You likely face felony charges that could put you there. Take them seriously.

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Answered on 2/05/12, 9:51 pm


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