Los Angeles Marijuana Defense Lawyers

Marijuana Possession, Cultivation and Sales Defense Attorneys:
Violation of Health and Safety Code Sections 11358, 11359, 11360
Kestenbaum Eisner & Gorin, LLP, is rated in the top 5% of U.S. pre-eminent law firms by the Martindale-Hubbell national lawyer review. Our criminal defense attorneys have been helping clients obtain superior results for over 50 years. Our firm specializes in the defense of all drug crimes. We do everything possible to ensure our clients receive reliable and aggressive representation in and out of court.

Our firm partners are former Los Angeles prosecutors and specialize in defending marijuana possession, cultivation and sales charges, including violations of Health and Safety Code Sections 11359 (Possession for Sale of Marijuana), 11358 (Cultivation of Marijuana) and 11360 (Sale and Transportation of Marijuana).
Marijuana Possession for Sale, Cultivation, and Transportation:
Health and Safety Code Sections 11358, 11359, 11360
California law defines these offenses as felonies, which carry the strong possibility of a state prison sentence. For each offense, the prosecution must prove that the defendant knew the drugs were in his or her presence, and that the defendant intended to sell, cultivate, or transport the marijuana.

If the police do not obtain fingerprints from the wrapping or container the drugs are located in, the defense can contest to whom the drugs truly belonged and argue that the defendant is not responsible for the drug sales or transportation allegations. Constitutional violations committed by the police may lead to the entire case being thrown out of court.

It is extremely important that you retain the legal services of an experienced San Fernando Valley criminal defense attorney who understands how to successfully defend marijuana charges. Our law firm has secured the dismissal of numerous marijuana cases through aggressive representation before charges are filed, at preliminary hearings, and in court.

Medical Marijuana

Despite the passing of Proposition 215 in California, some LAPD and LASD officers choose arrest suspects and seize legally held medicinal marijuana and settling the issues in court. This conflict between state and federal laws has led to abuses of power by the local police. Our aggressive defense to marijuana charges has led to the dismissal of numerous cases of marijuana sales and possession.

In a recent case handled by our firm, a client had substantial monies and several ounces of marijuana returned to him by the LAPD after the case was dismissed in the middle of a preliminary hearing due to a lack of evidence. The LAPD “expert on drug sales” was not familiar with the provisions of Medical Marijuana laws and as a result, the case was dismissed.

In another recent case, our attorney’s were successful in preventing a criminal filing and seizure of property against a Medical Marijuana Clinic after a search warrant led to arrests and the seizure of a large quantity of cannabis.

In cases not involving medical marijuana our defense lawyers can argue that the marijuana was possessed for personal use, and that the case merits a drug-treatment program, not jail time. The quantity, method of packaging, amount of money seized, and evidence of pay/owe sheets are all factors the defense can use in arguing the marijuana was not possessed for sale.

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The Law of Attraction for Children

A new book contends that children understand a lot more than adults think. Free of the “realism” that filters most adult’s creative thinking, children seem to gobble up the most esoteric mental meals. Developing this plethora of intellectual real estate should be every parent’s goal. In her enchanting interpretation of an ancient Polynesian tale, author Christina Hanser makes this task easy and fun as she revels her own version of The Secret in her book, The Law of Attraction for Children 

The Law of Attraction for Children is based on the ancient tale of the Huna philosophy of Polynesia. The tale, passed down from generation to generation by the Kahunas (priests and priestesses who were keepers of “the secret”), lays out the fundamental idea in Huna philosophy – that we create our experience of reality. In short, we are co-creators with the universe.

The Huna is a knowledge that comes from the oldest inhabitants of the earth. Its origins date back to the lost continent of Mu, also known as Lemuria. In fact, “huna” means “hidden secret.”

Imparting this knowledge in a charming storyline, The Law of Attraction for Children follows Thaynna, a little girl growing up in Polynesia, who learns the law of attraction. In following Thaynna, young readers learn how to use their creative minds to facilitate their daily lives.

 

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ACLU Report: Reclaiming Michigan’s Throwaway Kids: Students Trapped in the School-to-Prison Pipeline

the American Civil Liberties Union (ACLU) of Michigan released a report entitled “Reclaiming Michigan’s Throwaway Kids: Students Trapped in the School-to-Prison Pipeline,” which argues that there is trend among school districts to enforce disciplinary policies and practices that expel students from schools without regard for the long-term impact.  The report defines the “the school-to-prison pipeline” as a statistical correlation between students who are expelled or suspended from school and the likelihood they will be incarcerated as adults.

The ACLU argues that race also plays a factor in the findings.  Mark P. Fancher, ACLU of Michigan Racial Justice Project staff attorney and principal author of the report, said “we found that black kids are consistently suspended in numbers that are considerably disproportionate to their representation in the various student populations.”

The study found that one significant contributor in Michigan’s school-to-prison pipeline is a lack of “due process.”  Suspension and expulsion policies and procedures to remove students from Michigan’s public schools vary from district to district.  The ACLU argues that a uniform policy should be adopted for all school districts to follow statewide.

The study also blames Michigan’s zero tolerance expulsion law as contributing to the school-to-prison pipeline.  Michigan law  requires the expulsion of students who possess a “dangerous weapon.”  In many instances, well behaved, unsuspecting students have faced serious consequences for carrying items that do not necessarily reflect this definition.

Information within the report was obtained through Freedom of Information Act requests to school districts across the state, interviews with students, parents, and educators; information obtained while providing advocacy work to students facing discipline; scholarly reports and studies; legal analyses; and information collected while providing aggrieved students with legal representation.

The ACLU recommends amending Michigan’s expulsion law to conform more strictly to the scope of federal requirements by making only firearm offenses subject to mandatory automatic expulsions. In addition, school administrators should explore alternatives to suspension and expulsion, including restorative practices to correct the problem rather than punish the deed. Other ACLU recommendations address alternative education and offer guidelines on when to involve the criminal justice system with disciplinary matters.

While I am sympathetic to the points made by the ACLU, I think they go too far.  While I understand the notion that students who present discipline problems are entitled to an education, I would also argue that all students have a right to an education.  This education should be free from distraction, harassment and violence caused by other students.  The ACLU’s recommendation that only firearm offenses should be subject to automatic expulsions is absurd.  Under the ACLU’s position, students in school should feel safe from gun violence, but expulsion for a good old fashioned knife fight (ala West Side Story) is going too far.  The simple truth is students who are disruptive and violent should be removed from the classroom to give an opportunity for the rest of the students to have a quality education.  We should not hinder the entire student body’s education because of a few bad apples.

Further, many of these students would be removed by the juvenile justice system and not because of any action by the school district.  I feel compelled to point out that the prosecutor has the authority to prosecute juvenile offenses.  Thus, the school district has very little to say about whether the criminal justice system becomes involved.

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6 Reasons You Need One Today

If you’ve never needed attorneys, consider yourself lucky. However, at some point you will benefit from one of these legal experts. Whether you’ve been in an accident, gotten arrested or worse, lawyers can help you out in a bind. There is an assortment of reasons people need to hire these legal experts. Examine a few of them below.

Filing Bankruptcy

Many people don’t think about hiring attorneys when they file bankruptcy, but this is an ideal time to get a good lawyer. That’s because these types of lawyers know what to do to help protect your rights. Some creditors can do really shady things in order to collect the money they want from you and sometimes their practices are illegal. Things like harassment, faulty claims, threats and more should not be tolerated and without good legal advice, you may get taken advantage of.

Got a DUI

If you went out for a night on the town and had one too many, then you could get yourself in a lot of trouble, especially if you drive. Getting caught driving under the influence of drugs or alcohol is a serious offense and it would be a good idea to start calling lawyers if you don’t already have one. That way, you can make sure you get good representation that can help clear your name.

Getting a Divorce

Everyone expects a fairy tale when walking down the aisle and dedicating their life to someone. However, many people don’t take these vows seriously and end up in divorce court. This is a time when hiring attorneys is a necessity. Things can get pretty ugly and it’s best that you have a skilled lawyer on your team if you want to get what’s owed to you.

Child Adoption

There’s a lot that goes into trying to adopt a child. And if you try to go through the process alone, it can be a confusing journey. Having good legal representation will help you wade through all the details of the adoption process, and you can feel at ease that you have an expert that knows just what you do to help you make your family complete.

Won a Large Sum of Money

Winning the lottery or getting an inheritance can be a fabulous situation. But it can quickly become a nightmare when you have people coming out of the woodwork in the hopes of getting some of your money. Knowing what to do can be really stressful, so be sure to contact good attorneys to help you figure out what to do with your cash.

Car Accident

Getting in a wreck can be a terrifying experience and if you’re injured, the situation can be even more traumatic. It’s always a good idea to contact the police, but be sure to reach out to few attorneys in case you’re at fault and need help clearing your name. Just keep in mind that there are numerous lawyers out there that deal with these sorts of cases Computer Technology Articles, and everyone is not always on the up and up. Do your research and be thorough when deciding to hire one of these legal experts.

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Maternity Insurance

In things to prepare before the pregnancy, the mother of the future elected not to be ignored in learning as well as buy maternity insurance for themselves. Maternity insurance has certain benefits that parents elected should know. 

Maternity insurance: this is a type of insurance maternity health care towards women are planning to have children. In particular, the purchase of insurance will be the insurance company pays the cost of pregnancy and childbirth clinics, including common and Caesarean births, as well as the costs of examination and treatment if not may encounter complications of pregnancy. The thing to note is that sisters need to buy thai products coverage from before pregnancy to be entitled to benefits.

Benefits of maternity insurance: the cost of ups and hospital childbirth in hospital is the first category that future mothers fathers need interested in the process of financial planning to have children. The couple would not desire the best thing for the baby even when baby not yet born. Therefore, one can also choose the psychology clinic, a large, reputable clinic for the process of pregnancy and childbirth. However, this also means that a non-trivial cost do many headaches. That is why the purchase of insurance maternity to be sharing a part, even the full cost for the period of pregnancy and childbirth is something worth pondering.

Time to buy maternity insurance: As said above, you need to buy thai products coverage from before pregnancy. Term insurance is one year and each insurance company has its own specified time wait until the insurance effect, usually ranging from 9 to 12 months from the time the insured. Therefore, as soon as the intended to the baby, you should learn about the maternity insurance package to weigh on his son’s birth plan.

Maternity insurance package selection: maternity insurance as well as other types of insurance, choosing the right insurance package based on the real needs of the individual. In particular, you should find out about the costs of maternity services at the hospital, the clinic where you stay, from which the planned expenses for the entire pregnancy and childbirth process. Of course this is just an estimate figure because no one can know in advance exactly how many times will you ups and costs for each visit that’s how much. However, based on this number, you can choose the insurance package with the appropriate pay level.

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Insurance and Global Warming

As time goes by, there is often a disconnect between insurance coverage and reality. In a recent opinion by the Supreme Court of Virginia in The AES CORPORATION v. STEADFAST INSURANCE COMPANY, reported at 715 S.E.2d 28, the court decided whether the CGL policies AES purchased from Steadfast obligated Steadfast to defend AES on claims for damages allegedly stemming from global warming.

The Native-American Village of Kivalina, located on an Alaskan barrier island, filed a lawsuit in federal court for the Northern District of California against AES, teh insured, for allegedly damaging the village by causing global warming through emission of greenhouse gases. AES requested Steadfast provide a defense and insurance coverage, pursuant to the CGL policies. Steadfast provided AES a defense under a reservation of rights and filed a declaratory judgment action, which is the subject of this appeal.

The CGL policies covered bodily injury or property damage, if such damage “is caused by an ‘occurrence.’ ” The policies defined “occurrence” as follows: “ ‘Occurrence’ means an accident, including continuous or repeated exposure to substantially the same general harmful condition.” The policies specified that Steadfast had no duty to defend or indemnify AES against damage suits to which the policies did not apply.

The court reasoned that the CGL policies provided coverage for damage resulting from an “occurrence,” and defined an occurrence as “an accident, including continuous or repeated exposure to substantially the same general harmful condition.” According to the court, the terms “occurrence” and “accident” are “synonymous and … refer to an incident that was unexpected from the viewpoint of the insured.” In past cases, the court held that an “accident” is commonly understood to mean “an event which creates an effect which is not the natural or probable consequence of the means employed and is not intended, designed, or reasonably anticipated.” An accidental injury is one that “happen[s] by chance, or unexpectedly; taking place not according to the usual course of things; casual; fortuitous.”

The village alleged that AES intentionally released tons of carbon dioxide and greenhouse gases into the atmosphere as part of its electricity-generating operations, but the court noted that it has held that “[a]n intentional act is neither an ‘occurrence’ nor an ‘accident’ and therefore is not covered by the standard policy.”

However, the court also noted that even though the insured’s action starting the chain of events was intentionally performed, if the alleged injury results from an unforeseen cause that is out of the ordinary expectations of a reasonable person, the injury may be covered by an occurrence policy provision. And so the resolution of the case turns on whether the village’s complaint can be construed as alleging that its injuries in some sense resulted from unforeseen consequences that a reasonable person would not have expected to result from AES’s deliberate act of emitting carbon dioxide and greenhouse gases into the air.

The court determined that the village’s complaint not only alleged that AES intentionally released carbon dioxide into the atmosphere as a regular part of its energy-producing activities, but that the complaint also alleged that there was a clear scientific consensus that the natural and probable consequence of such emissions is global warming and thus the damages to the village. The natural and probable consequence of that intentional act is not an accident under Virginia law.

In affirming summary judgment for the insurer and against the insured, the court concluded: “When the insured knows or should have known of the consequences of his actions, there is no occurrence and therefore no coverage.”

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