Legal Question in Legal Ethics in California
The OC Sheriff department wrongly "busted" my legal medical marijuana grow. As a result of their self proposed moratorium on MM, I had to file bankruptcy,ruining my excellent credit score, lost my vehicle and was forced to sell my home in a poor market. Also, I am an ultrasound tech and the internet background check showed "PENDING" felony charges; altho I was never arressted nor convicted, I was offered a job only to have the party resend their offer due to this info on the background check. The DA has continued this case without ever going to trial in over two years.....
I can not work, or pay my bills.....their malicious behavior has ruined me.
What recourse do I have?? I was legal and the court found that to be true; however I have been severely punished altho innocent of any wrong doing. My reputation, savings,credit score,profession and skills not to mention physical stress and tension all a loss.
who do I contact and what do I file?
1 Answer from Attorneys
First off, you are in the wrong category. Legal Ethics and Professional Responsibility refers to the State Bar Rules of Professional Conduct for attorneys, and related provisions of the Business & Professions Code and common law governing attorney conduct.
Second, your question makes no sense in several regards. You object to felony charges showing as pending because you were never arrested or convicted, but you say the DA has continued the case, so clearly there ARE charges pending. You say you had to file bankruptcy, but make no connection between the marijuana growing bust and that. You claim you are innocent of any wrongdoing, but clearly the DA disagrees. You say you had to sell your home, but again make no connection between the bust and selling your house. Basically you make a lot of claims that don't add up based on anything else you have said.
Third, you have no case no matter what. Marijuana cultivation is a federal crime. California law cannot preempt that. Therefore local law enforcement is entitled to enforce the federal law if it chooses.
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