Category Archives: Drug Crimes

longbeach

Client Pleads To Minor Traffic Offense In Misdemeanor Possession Case With A Previous Strike

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People v. O.J. (2012): Long Beach

Client was pulled over after running a stop sign. He was found in possession of marijuana and a small quantity of painkillers. Unfortunately, he had a previous strike on his record so he faced high criminal sanctions as a result. Through negotiations, the client eventually accepted a plea to running a stop sign and all other charges were dropped.

Dave’s note: Client avoided probation with search terms which would have allowed police officers to search the Client without probable cause or reasonable suspicion throughout his probation period.

longbeach

Marquee Case: Long Beach Dispensary Case - People v. Byron

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In November 2011, Margolin and Lawrence conducted one of the most tumultuous trials in Long Beach history. On repeated occasions, the trial court Judge refused to allow the medical marijuana defense for one of the most distinguished medical marijuana dispensaries in Long Beach. Finally, through an extraordinary alternative writ of mandate, the Court of Appeals ordered the trial court judge to allow the the medical marijuana defense.

The trial court judge, rather than affording more time to prepare for trial after the alternative writ of mandate, ordered an immediate commencement of the trial. Trial lasted for a grueling three week period with Margolin and Lawrence calling in medical marijuana experts and even a tax specialist from the California Board of Equalization. Unfortunately, the jury convicted both defendants. The cards were definitely stacked against the defendants, though.

This was not the end of the story. Margolin and Lawrence brought a motion to disqualify the judge for actual prejudice and a motion for new trial. Before sentencing the judge recused himself and the case was reassigned. A retiring judge was assigned the matter as her last case. After fully reviewing the defense’s motion for new trial and hearing argument from both sides, the court ruled in favor of the defendants and granted the motion for new trial - almost unheard of in a criminal trial.

Newspaper Articles:

  • Pot Dispensary Judge Made A “Mistake”
  • Long Beach Judge Recuses Himself From Medical Marijuana Case Before Sentencing
  • Judge Is Captain Kangaroo

 

Client Pleads to Misdemeanor Theft for Stealing 1000 Plants Cultivated By Another In A National Forest

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People v. Creative Farmer (2010) Placer County

Client was charged with possession for sale and cultivation of marijuana, as well as evading the police, \ after he and his cousins were caught stealing over 1000 plants cultivated by another in a national forest located in Placer County. During the theft, client attempted to evade the police but was eventually apprehended. In the end, Margolin & Lawrence successfully negotiated a deal where the client would merely plead to a misdemeanor theft.

Note from Al: Even if you did not cultivate the marijuana yourself, as the case here, you may still be charged with violating Health and Safety Code § 11358 - cultivation of marijuana.

SanFernando_Court_05

Granada Hills Dispensary Plea To Misdemeanor; No Jail Time

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(People v. M.M. (2012): San Fernando)

Margolin and Lawrence successfully negotiated a plea agreement on the eve of trial. This case has been active since 2009 and Margolin and Lawrence were only retained in January 2012. Within weeks, our firm filed numerous motions to suppress, quash, and traverse the search warrant as well as various of motions in limine to challenge the admission of evidence. Eventually, Margolin and Lawrence negotiated a plea agrement where the client would plead to a felony but not be sentenced for 18 months. At the 18 month mark, the judgment would be entered but then automatically be reduced to a misdemeanor and expunged from her record. In effect, she will have no felony conviction on her record for 18 months and will have an expunged misdemeanor.

Allison B. Margolin Los Angeles Times Article

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On June 21, 2012 partner Allison B. Margolin wrote an opinion piece in the Los Angeles Times regarding the issue of profits with Medical Marijuana Retail Dispensaries. The firm of Margolin & Lawrence have been on the vanguard of defending Medical Marijuana Dispensaries county wide. Click here for full article.

Writ of Appeal Forces Judge to Give Marijuana Defense

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People v. Byron (2011, CA Second District Court of Appeal):

A trial judge refused to give our client the marijuana collective defense instructions required by Health and Safety Code § 1162.775. The biased judge also allowed the People to introduce evidence without foundation or based on hearsay with no applicable exception. This prejudicial behavior led the jury to convict Mr. Byron of all counts charged.

Instead of accepting his conviction and the harsh sentence it would have carried, Margolin and Lawrence filed a motion to recuse the judge and an appeal to force the defense to be issued. The write was issued, and Mr. Byron was awarded a new trial on thirteen counts, including marijuana sales, tax evasion, and grand theft of electricity.