Thursday, March 15, 2012

Currency Smuggling Case Upheld

          Circumstances surrounding a duffel bag containing $500,087 found in a box recovered from a van attempting to cross from the U.S. into Mexico was held to be sufficient to support a conviction in a currency smuggling case even though the defendants claimed they did not know the money was in their car.  In its ruling, the court noted that it was reasonable for the jury to believe that there was no logical reason why the smugglers would not have informed the defendants that the box contained a half million dollars in cash, that is, a person would not be expected to trust someone safely to transport that large amount of money without telling the defendants that the box placed in the van was extremely valuable.  U.S. v. Del Toro-Barboza (2012)

    This is provided courtesy of the Law Offices of Arna H. Zlotnik, criminal defense attorney, serving the greater Los Angeles, CA area.  Please contact our office today, we are here to help.

Wednesday, March 7, 2012

Transporting Medical Marijuana

     A qualified patient operating legitimate dispensary is entitled to defense on the charge of transporting marijuana form one dispensary to another for medical purposes.  At his court trial, Colvin raised the defense under the Medical Marijuana Program Act (MMPA), which provides a defense to specified classes of people, including "qualified patients," who "associate . . . in order collectively or cooperatively to cultivate marijuana for medical purposes." (11362.775 H&S.)  The trial court found that the defendant, although a qualified patient operating a "legitimate dispensary," was not entitled to a defense because the "transportation had nothing to do with the cultivation process" and was "outside what the law permits."  The appellate court disagreed and reversed the ruling of the trial court, 11362.775 H&S applies.  People v. Colvin (2012)
    
Brought to you courtesy of the Law Offices of Arna H. Zlotnik a criminal defense attorney serving the greater Los Angeles area, including downtown Los Angeles, Beverly Hills, the San Fernando Valley, East Los Angeles, Westside and the South Bay.  Also, Orange and Ventura counties.  Please contact us today to see that justice will prevail and your constitution rights are protected.  Misdemeanor or felony.