Drug Possession

Published on: May 16, 2011

Beverly Hills DUI Experts Examine Colorado’s Failed Marijuana Bill

If you smoke medical marijuana and get behind the wheel – or drive under the influence of alcohol in Beverly Hills — you can be charged with a crime pursuant to California Vehicle Code Section 23152(a). Indeed, it doesn’t matter if the marijuana you smoke is legal – even over-the-counter medications or prescription medications taken with a doctor’s order can cause you to violate 23152(a). In the annals of the literature about Glendale DUI, Burbank DUI, Los Angeles DUI, and Pasadena DUI, you can find hundreds of cases involving people getting arrested for driving after consuming totally illegal drugs.

The question about how to measure drug-induced driving problems has obsessed lawmakers and policymakers for some time. The Colorado Senate last month proposed a bill to set a limit for marijuana blood content. But last Tuesday, the CO Senate Judiciary Committee killed that bill — House Bill 1261 — on a voice vote. The Pot DUI Bill would have set a limit for medicinal marijuana drivers – if you had more than 5 nanograms per milliliter of THC in your blood, you would be considered over the legal limit.

A medicinal marijuana advocate, William Breathes, demonstrated that his THC levels remained over that limit — even after he had slept for a full night and abstained from smoking for 15 hours. An occupational medicine specialist evaluated him at that time and declared him to be “in no way incapacitated.”

Published on: September 13, 2010

Another Los Angeles DUI Bust for Paris Hilton? Not Quite – This Time It’s Cocaine in Vegas

by Michael Kraut

Celebutante Paris Hilton’s 2006 Los Angeles DUI made headlines around the globe. The billionaire heiress was sentenced to 45 days behind bars for violating her probation, and she served her jail time on June 3, 2007 – just after she finished attending the MTV Movie Awards. Her subsequent release on June 26, 2007 attracted hoards of paparazzi and other star watchers and turned her Los Angeles DUI event into one of the stories of the year.

Although Ms. Hilton attempted rehabilitation, this summer has been pretty rough for her. During the World Cup in South Africa, Hilton got detained by local authorities for allegedly possessing marijuana – she was later exculpated when authorities discovered that another person in her coterie had been smoking. More recently – on August 27th – Hilton got busted for cocaine possession in Las Vegas near the Wynn Casino. Paris had been a passenger in a Cadillac Escalade driven by her boyfriend, Cy Waits, who got pulled over by the police. As Hilton waited, she removed lip balm from her purse, revealing a small but not insignificant amount of cocaine right in front of the officer. Hilton was booked for cocaine possession at the Clark County Detention Center and released the next day. Her boyfriend, Waits, got charged with driving under the influence of drugs and/or alcohol (allegedly marijuana).

According to California Vehicle Code section 23152 (a), if you drive under the influence of drugs or alcohol in Burbank (or wherever in California), you can be charged with a significant crime. The drugs can be illegal – e.g. cocaine or marijuana – or even over-the-counter prescription drugs. Although an officer will not likely give you a breathalyzer test for a Burbank DUI drug case, you may be asked to submit a urine or blood sample to be chemically analyzed.

Although all Los Angeles DUI drug cases are serious – and penalties can include everything from jail time to mandatory drug and alcohol classes to suspension of driving privileges – a qualified and experienced Southern California DUI attorney can often break down the prosecution’s case against you. For instance, the so-called science used to identify someone as under the influence of drugs can be attacked using a number of different strategies and tactics.

Published on: September 6, 2010

What to Do After Being Arrested for Los Angeles DUI

by Michael Kraut

Many articles about Los Angeles DUI tell you how to avoid getting into dangerous driving situations, how to handle the police at the scene, and even how to draft an effective legal contest to your charges. But very few resources out there tell you what to do — how to handle the stress, agita, confusion, and overwhelm that you feel — in the hours and days after your arrest. This blog post aims to help defendants take smart, active and resourceful steps to help with damage control.

1. Record what happened
The human memory is notoriously fluid and malleable. Although you may feel like that your Glendale DUI arrest will forever being burned in your mind, your memory has a way of warping events. If you cannot clearly and articulately recall what happened, you may not be able to put up your stiffest defense. To that end, write down precisely what happened as soon as you get home and get cleaned up. If you remember any officer quotes – things that might be helpful in constructing a defense – be sure to note those. Note time lines. If you were given a breathalyzer or blood test, note how that went. Write down the names of officers who arrested you, and so on and so forth. The more information you can get out of your head and onto paper right now, the easier it will be for your Pasadena DUI lawyer to help you strategize your defense.

2. Don’t delay taking action
For one thing, your California driver’s license could be suspended if you don’t try to contest your charges. Also, if you miss court dates or other key deadlines, you could face penalties above and beyond those stemming from your Southern California DUI.

3. Find an attorney ASAP
True, you can handle your own defense. But if you fail to put up the stiffest resistance to the charges against you, the consequences could be dire. Not only could you face jail time – sometimes much more jail time than the minimum 48 hours behind bars – but you could also face heightened court costs, stricter probation terms, a lengthier license suspension, and more mandatory alcohol school.

4. Steel yourself.

In the weeks and months ahead, you may have to go through difficult times as you relive your arrest and explain to family and friends what’s going on. Do your best to get perspective on what happened, and count your blessings that you are still alive. It is possible to recover from a DUI arrest and rebuild your life, become a safer, more mindful driver. It is going to take work and soul searching to figure out how you got to where you are now – and how to make improvements in your life.

As part of your battle strategy, you almost certainly want to get the help of an experienced Los Angeles DUI lawyer.

Published on: August 11, 2009

Michael Douglas’ Son Arrested for Drugs Which Could Have Ramifications for the Family in Los Angeles

by Michael Kraut

Michael Douglas’ son, Cameron Douglas, was in a Federal courthouse when his girlfriend attempted to smuggle drugs to the actor’s son. This past Monday Kelly Sott visited her boyfriend at the courthouse. During the visit she was caught trying to smuggle the young Douglas heroin. As soon as she was caught for her drug crime, she should have immediately hired a Los Angeles drug crime defense attorney. One of the most important things that can happen when an arrest or an investigation begins is to hire a pre-filing defense attorney that can represent a suspect early on in the proceedings.

Cameron Douglas was in the court facing Federal charges for a meth bust. Sott was arrested when she attempted to pass him an electric toothbrush filled with dime bags of the deadly drug.

In California, as in most states, it is illegal to pass a narcotics to a prisoner. The result, prison for the convicted felon.

Published on: July 23, 2009

Medical Marijuana Will Now Be Taxed in California

by Michael Kraut

In these harsh economic times California and cities throughout the State are trying to find new ventures to tax. As we all know, taxes mean increased city services. However, most people do not want to pay more income taxes. Legislators and community activists have put their heads together and come up with a new way to raise money without much complaining.

The Oakland City Council put a measure on the ballot to tax legalized medical marijuana. The measure passed by over 80% of the vote. The measure allows for a 1.8% tax on the receipts for the City’s licensed cooperatives.

Medical marijuana became legal under proposition 215 and since then, the Federal government has agreed not to prosecute individuals who fully comply with State laws in California. The Los Angeles medical marijuana defense attorney who gives consultations on how to comply with State laws for the legal use of medical marijuana is able to assist his clients from becoming criminally charges because they violate the law.

Published on: July 22, 2009

Michael Jackson’s Doctor Has Office Raided After LAPD Asks For Los Angeles Search Warrant

by Michael Kraut

The Los Angeles Police Department is spearheading the investigation into the pop star’s death. Recent leaks in the investigation have pointed into the direction of repeated overdosing of Michael Jackson by his many close physicians. However, the focus of the investigation seems to be pointing to Jackson’s personal physician, Dr. Conrad Murry.

On Wednesday, July 21, 2009, The Drug Enforcement Administration raided Dr. Murry’s Houston office. Armed with a search warrant, they entered the office and took numerous items. Accompanying the DEA were Los Angeles Police Department detectives assigned to the Jackson Investigation. Murry was with the singer at the time of his death.

Because of the scope and extensiveness of the Los Angeles investigation, it would be wise for Dr. Murry, or any other medical professional to immediately contact a Los Angeles Pre-filing criminal Defense Attorney. The skills of a former Los Angeles criminal prosecutor can be very helpful to anyone under investigation. Los Angeles criminal defense attorneys who are former prosecutors often have conducted similar investigations and know how best to protect the suspect from further harm.

Published on: June 25, 2009

Los Angeles Loses Michael Jackson and Farrah Fawcett

by Michael Kraut

Superstar Michael Jackson and Actress Farrah Fawcett both died today, June 25, 2009. Both of these superstars had repeated run in with the law. Fawcett was arrested for a Los Angeles DUI case that involved driving under the influence of drugs in Southern California.

Facts showed that she was seen driving in an erratic manner that gave police suspicion to arrest her. Her Los Angeles DUI defense attorney was able to work on the case in an aggressive manner that resulted in a very advantageous deal.

It is with great sadness that she died after a very long and public battle with cancer. Her family and loved ones were present with her when she passed.

The second death reported today was that of Michael Jackson. The pop star who had repeatedly fought charges of child molestation and other charges, died of an apparent heart attack at the home that was being rented for him. He was at home preparing for a 50 concert series in London.

It is being reported that Michael Jackson was fighting off a Los Angeles drug crime addition to prescription drugs. He was fighting this addiction for many years and passed away at home. Firefighters worked for over an hour to revive him. While all efforts were made to assist him, Jackson never regained conscious.

Published on: March 19, 2009

United States Attorney General Announces New Committment To Avoid Prosecuting Medical Marijuana Dispensaries Who Operate Legally in Los Angeles and California

by Michael Kraut

United States Attorney General Eric Holder announced that Federal law enforcement will no longer target medical marijuana dispensaries in California that operate legally. That means that Los Angeles and Southern California medical marijuana defense attorneys will have an upper edge. For the first time in the history of the United States, Federal laws are no longer going to be used to prosecute a drug crime. President Obama announced during his campaign that medical marijuana prosecutions would no longer be a priority under his administration.

The new policy has a direct effect on the 13 states that have legalized marijuana laws. Of those 13, only California allows for medical marijuana dispensaries operate legally. Until now, the Feds have not acknowledged the existence of Proposition 215 enacted by the citizens of California in 1996. Also called the Compassionate Use Act, Prop 215, allows for those with a medical need to have a doctor “recommend” the use of marijuana to relieve symptoms.

Under the newly announced policy, the Federal Government will no longer target those individuals that do not violate state laws on marijuana. In order for a dispensary to be legal under California law, and thus immune from Federal prosecution, they must comply with the California Attorney General August, 2008, announcement of compliance as well as other laws.

A dispensary must seek guidance from a Los Angeles based medical marijuana criminal defense attorney in order to make sure that they are not violate the law. If the dispensary can operate legally, then the Feds will leave them alone.

California Attorney General Jerry Brown’s position is that a medical marijuana dispensary must operate as a nonprofit cooperative. That means the marijuana must be grown by cooperative members to be sold without a profit to other cooperative members. Those members must all have a medical necessity for marijuana to treat their symptoms. The member must have a valid recommendation from a duly licensed doctor. The dispensary must be both licensed and pay taxes on its sales as well as provide security for the facility. There are dozens of other requirements that must be put in place prior to a person opening a legal dispensary.

Published on: January 23, 2009

Medical Marijuana Dispensary License Revoked in Northern California, Is Los Angeles Medical Marijuana Next?

by Michael Kraut

The Northern California city of Alameda has revoked the license of a medical marijuana dispensary which has operated lawfully for several months. The owner of the Purple Elephant contests the revocation and believes that he is being harassed. Los Angeles medical marijuana dispensaries will need to hire a Los Angeles Medical Marijuana defense attorney in order to keep the scrutiny of their legitimate business at bay from the Federal Government which has stated that it will fully prosecute those that sell marijuana.

The Alameda City Manager sent the revocation letter because she believed that the owner of the dispensary had failed to disclose the true nature of his business on the license application. Additionally, the City Manager claims that the owner of the Purple Elephant did not obtain the required zoning clearance for the dispensary before opening. The owner has sought an appeal of the revocation. While the appeal is pending, the dispensary is allowed to remain open.

It is important for those that frequent Los Angeles medical marijuana dispensaries, or Southern California medical marijuana dispensaries, that it is still legal to use medical pot pursuant to proposition 215. This section was codified under Health and Safety Code 11362.5. This section states that a person may use medical marijuana if they have a doctor’s recommendation that they have a medical condition. The code also states that a person may cultivate pot for their own personal consumption as long as they do not sell it. Even though it is still legal under State law, the Federal Government has stated that it will fully enforce the Federal laws in United States District Court. That means that people who use marijuana need to keep in contact with a Los Angeles medical marijuana attorney to protect their interests.

Published on: January 21, 2009

New Beginning for Los Angeles and Southern California Criminal Law

by Michael Kraut

As we see the beginning of a new President and Vice President for the United States, we will most likely see a new beginning for criminal prosecutions for Los Angeles DUIs and Southern California criminal law.

Already the new administration has claimed that there will be a clamp down on crime. The local administrations have also claimed that they will vigorously prosecute even minor offenses. It will not matter if you are arrested for a Los Angeles DUI, a Long Beach crime, a San Fernando robbery, or a Pasadena DUI, the police will be trying to enforce the law to the fullest. For that reason, it is important to hire a Los Angeles criminal defense attorney who has the experience and knowledge to defend you.

The new emphasis on punishment for minor offenses is going to put regular citizens in a bad position. In the past, judges and prosecutors understood that there is a clear difference between people who are law abiding but who make a mistake, and those who a repeat offenders. Now, even minor offenses are going to punished more severely.