Month: September 2012

Alternative Writ of Mandate Ordering a Medical Marijuana Jury Instruction

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.

 

Acquitals

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.

Professor v. Cal. State Los Angeles

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.

995 Motion to Aside Information Granted In Medical Marijuana Cultivation Case

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.

MCLE PROVIDER – Medical Marijuana Resources

Our law firm is dedicated to the zealous representation of our clients. Medical Marijuana is a subject near and dear to the hearts of our firm. We have built up years experience of waging a war against the war on drugs. We have instilled these experience in our detailed, fact-based motion practice. To assist medical marijuana attorneys, we will be making the motions available in a motion bank. Click here to view our motion bank.

Our office regularly hosts Minimum Continuing Legal Education sessions for attorneys hoping to increase their knowledge of ever changing medical marijuana jurisprudence. As a verified MCLE provider, the Riverside Public Defenders graciously recorded a recent lecture and are providing it all other attorneys upon request.We will provide our MCLE lecture to any public defender for free and for other attorneys for a small fee. If you are a public defense, please send us an email we will be happy to send our resources to you. All other attorneys use the link below to purchase the MCLE lecture.