California residents who have been charged with a drug crime should be aware of the fruit of the poisonous tree doctrine. As LawTeacher.net explains, this doctrine holds that any evidence (fruit) obtained by law enforcement officials by means of an illegal arrest, search or seizure (poisonous tree) cannot be used against defendants in a court of law.
When California legalized medical marijuana some 20 years ago, this state’s cannabis industry took off and now is the largest and most firmly entrenched in the nation. On January 1, California’s new law decriminalizing marijuana production, sale and recreational usage went into effect. Los Angeles and San Francisco are expected to immediately begin issuing dispensary licenses, and over 100 dispensaries have already begun selling recreational marijuana.
If you are facing a California drug charge, you may have serious concerns about having to spend time behind bars. Increasingly, however, some drug offenders, depending on the circumstances of their crimes and criminal history, receive an offer to take part in a drug court program, as opposed to serving time in jail. Drug courts seek to treat the addiction itself through a combination of counseling and regular appearances before a court. The main idea is that the program will help addicts stay on track while keeping more non-violent drug offenders out of California’s already-overcrowded prison system.
Some California residents may not realize that there are a variety of drug charges. Because the penalty can change depending on what offense a person is charged with, it is important to understand these differences. One kind of drug charge deals with the ownership of drugs and a person's intent to give them away.
As a California resident who has been charged with possession of illegal substances, you should know everything possible about your rights, and about the legal process for a search and seizure.
It is no surprise for most people to hear that individuals break laws on a regular basis. It might be shocking, however, to hear that two former California sheriff's deputies supposedly committed crimes. The two men were accused of several drug charges related to stealing and selling marijuana seized in multiple drug busts.
With both medical and recreational marijuana recently becoming legal in California, lawmakers have put regulations into place to keep impaired drivers off of the roads. According to KHTS, Governor Brown signed measures meant to help law enforcement both understand and enforce the laws regarding DUIs and marijuana.
As cell phones become an increasingly important possession in everyday life in California and across the globe, understanding their place in a criminal investigation is increasingly important. Since these serve not only as a communication device but also a computer, organizer and address book, the Supreme Court has determined that it is a violation of a citizen's rights to have his or her phone searched illegally.
As mandatory minimum sentences have once again come into favor federally, California is discussing a proposed law to repeal these requirements on some convictions. According to the Los Angeles Times, a bill recently passed the state Senate that would change state laws in regards to sentencing repeat offenders for drug convictions.
It has long been argued that we have lost the so-called “war on drugs.” Prisons are overcrowded with non-violent drug offenders; police are spending massive resources of enforcing drug laws many people consider heavy-handed; people’s families and livelihoods are destroyed with a single, non-violent drug offense.