Category: Law & Information

In a recent court hearing, US District Judge Kimberley Mueller declined to remove marijuana’s Schedule I status, which places the drug in the same category as heroin, ecstasy, and LSD. Her decision complicates current legalization efforts, but may nonetheless indicate a growing trend toward marijuana legalization.

Should marijuana be legalized?
For many activists, the answer to this question is not just “yes,” but “of course.” Supporters of legalization point out that marijuana has few risks, is safer than tobacco, alcohol, and many prescription painkillers, and has a variety of health benefits. Why criminalize the drug, activists ask, when using it presents no clear threat and a wide variety of personal and social benefits? Judge Mueller does not necessarily disagree with this reasoning. In explaining her decision, she argued not that marijuana should be illegal but only that it was not her place as a judge to legalize it. Marijuana may well become legal in the next few years, but Congress must make that decision.

What does this ruling mean?
Mueller’s ruling applies to a specific case, that of 16 defendants from Northern California on trial for possession of and growing over a thousand marijuana plants. Her decision nonetheless has broad implications for marijuana policy in the United States, and may complicate state-level efforts to decriminalize possession of or fully legalize the drug.
24 states have legalized medical marijuana, and four have legalized the drug for recreational purposes. It is still illegal under Federal law, however, putting sellers in a difficult position. Many growers and distributors carefully follow state laws only to have Federal authorities shut them down. Had Mueller overturned marijuana’s Schedule I status, she would have set a precedent that would make it more difficult for Federal authorities to interfere with state drug laws. Her refusal to do so casts doubt on whether state-level legalization schemes can succeed.

Despite these setbacks, advocates of marijuana legalization see a silver lining in this decision. Unlike in previous cases, Mueller at least questioned marijuana’s current legal status and consulted drug policy experts before making a decision. Many see this as evidence that judges have become more skeptical of drug laws and may be willing to change them.

As a drug lawyer Los Angeles, Lawrence Wolf provides legal advice and support to citizens dealing with drug charges. Call [number type=”1″], or visit our website today to learn more about your options in drug cases.

With hundreds of new laws in effect for 2015 in California, just about every resident of the state is affected in some way. Whether you’re a gun owner, environmentalist, student, veteran, consumer, prison inmate or elected official, you may notice the changes.

Gov. Jerry Brown kept his pen busy last year, vetoing 143 bills. But he also signed 930 into law. Many went into effect Jan. 1, while others become effective in July.

In a recent review of some of the new laws, The Los Angeles Times notes that several were drafted in response to prominent news events, including the fatal shootings last spring in Isla Vista. The incident led to a new law allowing either family members or police to seek temporary restraining orders barring gun possession by a person determined to be dangerous.

Additional new laws include:

• A potential ban on plastic grocery bags intended for single use. The measure may be delayed until a referendum vote in November.
• Extension of the statute of limitations to prosecute bribery charges among public officials. The new law comes in the wake of two state senators coming under federal charges for bribery.
• Inability of public officials to use campaign funds for paying fines for improperly using political funds.
• Authorization to start work on a new veterans’ cemetery at the Irvine site that formerly housed the El Toro Marine Corps Air Station.
• A ban on cooperation by state agencies with federal officials collecting large numbers of computer and phone records. An exception exists when a warrant is issued.
• The ability to prosecute photographers using aerial drones to record or photograph an individual in a private location. Cases may be pursued by criminal law Los Angeles prosecutors and those elsewhere in the state.
• Adjustment of sentencing for crack cocaine sale to two to four years, the same as for powder cocaine. The sentence for selling crack cocaine previously was three to five years.
• A mandatory sentence of 180 days for paroled sex offenders who do not show up to be fitted with a GPS monitoring device or who tamper with the device so that it does not work.

As Congress remains gridlocked, California’s Legislature has no problem taking action. These are just a few of the laws becoming effective in 2015. To search the database of California’s laws, visit the state Legislature’s website.

If you have been arrested in southern California, you have a number of rights that are protected by law. If you have ever been arrested, or have ever watched a cop drama on television, you have probably heard about “Miranda Rights.” This is when the arresting officer informs you about your right to remain silent and your right to have a lawyer present while you are being questioned. From that point on, everything you say can and will most likely be used against you in court.

Once you have been read your rights, the authorities can ask you questions about whether you want to have an attorney present or not. You retain the right, however, to decline to answer those questions until your lawyer is by your side. Voluntarily giving up your right to not answer questions is a mistake that can adversely affect your case. If you answer questions and then decide that you no longer want to speak without an attorney, the authorities must respect your decision and allow you to contact a lawyer.

Thousands of female prisoners who have children, and were not incarcerated for serious or sexual crimes, may be released before October, according to The Los Angeles Times. They would serve the remainder of their sentence at home where they will be required to wear a GPS-enabled ankle bracelet and report to a parole officer. The new program was initiated to meet a court-imposed deadline to relieve congestion in California’s chronically overcrowded prisons. Although the program initially only affects female inmates who are mothers, it is expected to extend to male prisoners as well.

The new policy is the result of a U.S. Supreme Court decision that ruled the overcrowding and resulting lack of medical care in prisons as cruel and unusual punishment. Now the state must meet a strict timeline, reducing the inmate population by over 30,000 before July 2013. Since the majority of California’s inmates are men, the new program will likely expand to male prisoners who are fathers. If a male inmate can be considered the “primary caregiver” of their child or children, was not convicted for a violent or sexual felony or for child abuse, has not made an escape attempt in the last 10 years, does not belong to a gang, and does not have an active restraining order, they may receive parole.

Skeptics believe that many female prisoners were not good mothers to begin with and that the new program may actually increase crime rates. However, state officials have high hopes that reuniting inmates with their families will not only help their rehabilitation but also help keep their children from following the same path.

If you have been arrested for a crime in Southern California, you still have legal rights. Contact the experienced criminal defense lawyers in Los Angeles with The Law Offices of Lawrence Wolf today at [number type=”1″] to learn how we can help you protect your future.