Category Archives: Victory Highlights

dmvca

DMV Refusal Hearing Win

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DMV v. Client (2012)

California is an implied-consent state where every driver, by receiving a driver’s license, consents to make themselves available to a chemical test when they are driving under the influence. The penalties for refusing a chemical test, eiher breath, urine, or blood, are heavy - 1 year suspended license for the first refusal.

In 2012, Margolin and Lawrence won a DMV Refusal Hearing where the client refused to take a chemical test at a DUI checkpoint - an exceptionally rare result.

Alternative Writ of Mandate Ordering a Medical Marijuana Jury Instruction

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People v. E.L.S. (2012) Yuba County

The California court system has been flooded with medical marijuana cases since the inception of the Compassionate Use Act in 1996. This primarily stems from judges’ ignorance of the case law surrounding medical marijuana. Medical marijuana is one of the few places where the law is constantly shifting due to new case law and therefore causes much confusion amongst the judiciary who often see marijuana in the same light as other drugs. Margolin and Lawrence is one of the few criminal defense firms who regularly write writs of mandate to the Court of Appeal challenging erroneous rulings by judges. Often times judges will brush off counsel’s protestation by simply stating, “Take me up on writ then!” Well unfortunately for them, our office takes these challenges with gusto.

Below you will a recent alternative writ of mandate ordering in a medical marijuana case. Here, the client was merely transferring medical marijuana from his collective to representative of another collective. He had pre-verified the representative as a qualified patient and was in the process of having the representative fill out the collective paperwork. Unfortunately, police officers intervened and arrested the client on alleged sales of marijuana. Before trial, counsel made a motion to allow a medical marijuana jury instruction but was denied. Hearing of our writ prowess, client contacted Margolin & Lawrence to write a petition for a writ of mandate. After writing to the Court of Appeal, an alternative writ of mandate ordering the jury instruction was issued.

 

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Acquitals

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Very few criminal defense firms actually take their cases to trial. Margolin and Lawrence has developed a reputation of pushing all of our cases to trial if necessary. As a result we have gained acquittals for many of clients. Below you will see but a few of the jury cards find our client’s Not Guilty.

csula

Professor v. Cal. State Los Angeles

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Professor v. Cal. State

Our client is distinguished white, female professor at Cal. State Los Angeles. In a rare occurrence of reverse discrimination, our client was being paid substantially less than male and ethnic peers in her ethnic studies department. Through rigorous litigation, Margolin & Lawrence was able to negotiate a settlement that would give our client damages equal to her loss wages due to discrimination and allowed her to keep her job.

medical-marijuana

995 Motion to Aside Information Granted In Medical Marijuana Cultivation Case

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People v. EE (2008)

Client charged in cultivation, possession for sale of marijuana case where over 50 plants were being cultivated by a collective but client told allegedly told police he thought he was taking advantage of a loophole in the law. Though the court bound over client for trial court after Allison put on an an affirmative defense at the preliminary hearing, trial court magistrate dismissed pursuant to Penal Code 995, a motion based on the four corners of the preliminary hearing transcript.

lax court

DEJ for 105 Pills of Oxycodone

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People v. Oxy (2012) LAX

Client was apprehended mailing Oxycodone through the US mail service. She was pulled over after she had dropped off the package in the mail and was found to be in possession of marijuana and amphetamine. She was subsequently charged with transportation with intent to distribute Oxycodone, possession of controlled substances for sale, and transportation of marijuana. Margolin and Lawrence successfully negotiated a plea where client would plead to a simple possession and would undertake a deferred entry of judgment program. Client would have to enroll in a drug class and stay out of trouble for 18 months. If she is able to do this, her case will be dismissed and in the mean time no judgment will be filed against her.

suhsi knife

Community Service For Sushi Knife Stabbing

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People v. C.C (LAX)

Client was charged with assault with a deadly with a great bodily injury strike enhancement. She had stabbed her boyfriend fourteen times with a sushi knife in an altercation. The client was facing over seven years of jail time.Attorney Allison Margolin negotiated a plea where client would serve community service rather than jail time.

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Client Receives ALL Marijuana and Grow Equipment Seized After Dismissal

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People v. J.K. (2012) LAX

Police officers arrested Client after seizing multiple pounds of medical marijuana and grow equipment. At the preliminary hearing, Margolin and Lawrence partner J. Raza Lawrence successfully argued a medical marijuana defense. Client was cultivating for numerous collective members all with valid doctor’s recommendation for medical marijuana. The Court found that there was no probable cause to believe that the Client was illegally cultivating marijuana nor was there probable cause to believe that he was possessing the marijuana for sale.

The Client was able to receive all the marijuana seized (over three pounds of marijuana) and all of his grow equipment back.

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