Orange County Judge David Chaffee just ruled that Anaheim is within the law when it bans all medical marijuana dispensaries in it’s city. In a hotly contested ruling, a Superior Court judge in Orange County just sent the dispensaries packing – or at least moving – outside the city of Anaheim. Attorney Anthony Curiale, who represents the Qualified Patients Association, says his client, who runs a marijuana dispensary is going to appeal. Curiale goes on to state the the city ordinance is unconstitutional and conflicts with state law. Paul Chabot of the Coalition for a Drug Free California indicated that …

A staff member at a West Hollywood plastic surgery clinic was caught in the act of practicing medicine without a license. After getting complaints from the State Medical Board, investigators fromthe agency starting watching a clinic at Sunset medical Tower on Sunset Boulevard very closely. When the Board inspectors went to the facility what they found was scary. As staff member at the doctor’s office was not only diagnosing patients’ medical conditions but was administering laser treatment to patients. According the the local media, the owners of the clinic are manny and Pie Calayan, neither of whom are medical doctors …

10 Los Angeles Police Department Officers from the West Traffic Division sued the City of Los Angeles alleging that the LAPD has a traffic ticket quota that the officers must meet. The officers alleged, among other things, that they were being punished for refusing to obey quota requirements set by their superiors. Other allegations included denial of overtime and other benefits for not going along with the quota’s. The suit also alleges that traffic officers were given negative performance reviews based upon their failure to issue enough tickets and meet their superiors quotas. Setting quotas for issuance of traffic tickets …

Los Angeles County Superior Court Judge Harvey Silberman was found not guilty yesterday. The judge was indicted in 2008 for allegedly violating a State Election Code. He was accused of bribing another candidate in an effort to get her to step out of the race. In trial, two witnesses testified against Silberman. They were working on his judicial campaign at the time the alleged crime occurred. Silberman’s attorney argued that the witnesses lied about their stories in an effort to get better “deals” from the prosecutor. The two had pled guilty to misdemeanor in order to avoid trial on felony …

California’s jailhouse informants may soon need to find a new source of income and benefits. The State Legislature just passed a bill prohibiting convictions in criminal cases which are based entirely upon the uncorroborated testimony of jailhouse informants. Governor Brown is expected to sign the bill into law in the near future. Jailhouse informants are inmates in jail or prison who testify for the prosecution in criminal cases. They often do this in exchange for some sort of payment or other benefit. A benefit could include a lesser sentence in a criminal charge which the informant is facing him or …

The Supreme Court rules that when police take a child out of school for the purpose of questioning them about a crime, Miranda warnings are required. In a 5 to 4 ruling, Justice Sotomayor clearly indicated that children deserve a higher level of protection from potential police abuse than adults. Prior to this ruling, police could remove a child from his classroom and ask the child questions which intended to gain incriminating responses. Police were allowed to do this without an adult present and without Mirandizing the child. In what seems to me to be a very well reasoned opinion …

The Supreme Court says that judges cannot give longer sentences to convicted felons just so they may be sent to a rehabilitation program in custody. In a 9-0 decision, the U.S. Supreme Court stated that judges could not increase a defendant’s sentence just so the Federal Bureau of Prisons could fit them into their 500 hour drug treatment program. It has long been known that an inmate who participated in the Fed’s 500 hour in custody drug treatment program could earn time off the end of their sentence for successfully completing it. For this reason and hopefully for treatment purposes, …

Playing with firecrackers can get you burned in California. After a juvenile court commissioner found that two teens didn’t intend to set a forest fire, he sent them home on probation. Apparently the Los Angeles County District Attorney was not happy with the result and appealed the conviction or the sentence. The California Supreme Court found that willful and malicious conduct in throwing a cherry bomb on a brush covered hill is sufficient for a finding of arson. This is very significant in the California criminal justice scheme. Arson is not only a strike offense for purposes of California’s Three …

California Governor Jerry Brown recently signed legislation that will cause thousands nonviolent felons to serve their time in county jails instead of state prisons. Here in Los Angeles County, that will likely mean a great deal to the inmates. Here in Los Angeles County we typically see inmates in county jail serving only a small percentage of their given sentence. For Felonies it is common that my client serve a third of their sentence or even less in some cases. Other counties differ greatly from Los Angeles. Just next door in Ventura County, inmates typically serve 66% of their sentences, …

I regularly get calls from potential clients who do not wish to give out any case-specific information and want to get a “quote” over the telephone for the cost of my criminal defense services. It is difficult to quote a fee without knowing the specific facts about a particular case. When I speak to a potential client who just wants a quote over the phone, my first question is usually, “Do you have a minute or two to speak with me about the facts of your case?” The answer is often yes, in which case I am able to obtain …