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Criminal Law And Procedure: Probation Condition | Jake Brower, Attorney At Law |Criminal Lawyer | Criminal Defense |DUI Defense Attorney |Felony Arrests |3-Strike Cases |Santa Ana, Orange County, CA

Criminal Law

  • Criminal Law and Procedure: Probation Condition

    Posted Jul 12th, 2012 By in Criminal Law, Marijuana and Pot Shops, Probation With | Comments Off on Criminal Law and Procedure: Probation Condition

    The Daily Appellate Report shared a case explaining how the court system “may impose probation condition that prohibits defendant from using medical marijuana where condition related to crimes of conviction and future criminality.”

    In this specific case, defendant was stopped due to expired registration on his truck. The vehicle’s registration had been expired for over six months. The deputy who was involved in the traffic stop, worked on searching and inventorying the truck in preparation to impound the vehicle. During the search, the deputy was able to located two bins, containing 38 small marijuana plants. Defendant had mentioned, prior to inventorying process, that “he had his ‘work’ in the vehicle and that he needed to deliver it” to specific locations. Along with the two bins, the deputy was able to locate a folder containing defendant’s medical marijuana physician’s statement, along with other paperwork and handwritten notations.

    Defendant shared that his plan was to trade the marijuana he carried in the bins, for finished marijuana that he uses following his physician’s prescription. Based on different information and evidence, the investigator who was handling the case expressed the opinion that the marijuana was possessed for sale.

    “The trial court granted formal probation to defendant for a period of three years, on condition, among others, that he serve 120 days in county jail, and that he not possess or use medical marijuana ‘even if prescribed by a physician.’” Defendant objected to the imposition of the condition. His defense is based on that law under Health and Safety Code, the Compassionate Use Act of 1996 (CUA), which allows marijuana when prescribed by physician.

    Although the trial court incorrectly focused on the defendant’s need to use medical marijuana, the result focused on the fact that the trial court believed that the marijuana is not the only medication that could resolve the defendant’s medical problem. Furthermore, there was a concern about the fact that the medical prescription does not limit the amount of marijuana that can be used by defendant, which could put him at risk of getting addicted to it.

    Furthermore, the conclusion stated that “it was not an abuse of discretion for the trial court to impose the condition of probation that prohibits defendant from possessing marijuana, even for medical use.”

    Do you need direction or advice on how to approach this issue? Consult me with me today directly at 714-547-4000 for free consultation.

    Jake Brower
    Defense Attorney of Orange County
    714-547-4000
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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703