Category Archives:California


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Disturbing the Peace - PC 415

California Penal Code Section 415 is helping keep the peace all over the city. According to PC 415, any individual under the following cases will be imprisoned to the county jail for 90 days, he will be liable to pay a fine of $4,000.00, or both:

·        If an individual unlawfully fights in the public place or he challenges some other person to fight him in the public place.

·        If an individual maliciously or willingly disturbs someone else by loud or unreasonable noise.

·        If an individual uses offensive words which can provoke violence in the public place.

PC 415 is a broadly-written law that can cover any behavior that can disturb the peace.  If you see people at a bar fighting, if you are having an argument with your neighbor because of loud music which is disturbing them then you can be charged under the provisions of the law.

Defenses to PC 415
The good news is a PC 415 charge is often hard for prosecutors to prove which makes it easier for the defense attorneys to defend your case. Before you go to court facing these charges, it is recommended to discuss your case with a criminal defense attorney to protect your rights.

The defense attorney can argue several factors, including:


·         His client did not have any criminal intent

·         His behavior was protected constitutionally

·         He has been falsely accused.

 
PC 415  is also called a “wobblet.” It means that it is on offense which allows the prosecutors to charge it as a misdemeanor or an infraction. The big brother of the “wobblet” is the “wobbler,” which is a crime that will be charged as a felony or misdemeanor.

If you have been charged with disturbing the peace, contact an experienced criminal defense attorney to fight your charges on you behalf. A conviction can be costly for your reputation and you may have to pay hefty fines. Contact Don Ho, an established criminal defense attorney, to fight for your rights!


Published by Don Ho LawDon Ho is a criminal defense attorney in Orange, Riverside, and San Bernardino Counties.


DUI Checkpoint - Lake Forest, February 15, 2013

A DUI checkpoint announcement has been issued by the Orange County Sheriff’s Department for the City of Lake Forest on February 15, 2013 from 6:00pm to 2:00am.

If you or a loved one is arrested on suspicion of driving under the influence, contact an experienced and aggressive criminal defense attorney to fight for your rights. Don’t hesitate and contact Don Ho today!


Published by Don Ho Law. Don Ho is a criminal defense and employment law attorney in Orange County, CA.

O.C. Judge Reprimanded for Rape Comments

Gavel

A Southern California judge is being publicly reprimanded for saying a rape victim “didn’t put up a fight” during her assault and that if someone does not want sexual intercourse, the body “will not permit that to happen.”

The California Commission on Judicial Performance voted 10-0 to impose a public admonishment Thursday, saying Superior Court Judge Derek Johnson’s comments were inappropriate and a breach of judicial ethics.

“In the commission’s view, the judge’s remarks reflected outdated, biased and insensitive views about sexual assault victims who do not ‘put up a fight.’ Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary,” wrote Lawrence J. Simi, the commission’s chairman.

Johnson made the comments in the case of a man who threatened to mutilate the face and genitals of his ex-girlfriend, beat her with a metal baton and made other violent threats before committing rape, forced oral copulation, and other crimes. Though the woman reported the criminal threats the next day, she did not report the rape until 17 days later.

Johnson, a former prosecutor in the Orange County district attorney’s sex crimes unit, said during the man’s 2008 sentencing: “I’m not a gynecologist, but I can tell you something: If someone doesn’t want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case.” Johnson said he believed the prosecutor’s request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that’s what the case was “worth.”
In an apology, Johnson explained that he was frustrated with a prosecutor during an argument in 2008 over sentencing and was trying to make a distinction between the case before him and more aggravated cases cited by the prosecutor, according to the decision.

The commission found that Johnson’s view that a victim must resist to be a real victim of sexual assault was his opinion, not the law. Since 1980, California law doesn’t require rape victims to prove they resisted or were prevented from resisting because of threats.

A public admonishment is the lowest form of public discipline issued by the state commission, which oversees the conduct of judicial officers.

Johnson remains on the bench, and will continue to for the last two years of his term.

Published by Don HoLaw.  Don Ho is an attorney in Orange County, California, focusing on criminal and employment law.

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Facebook CEO's Well-Timed Marriage

Just one day after his company made its public trading debut, Facebook founder and chief executive Mark Zuckerberg married Priscilla Chan.
Mark Zuckerberg's original Facebook profile
Mark Zuckerberg’s original Facebook profile (Photo credit: niallkennedy)

The Facebook billionaire topped off a remarkable week with a surprise wedding Saturday to his college sweetheart Priscilla Chan. Zuckerberg, 28,  met Chan, 27, during his years as an undergraduate student at Harvard. The wedding announcement was classic Facebook: Zuckerberg simply updated his profile to: “Married Priscilla Chan.” The news had almost 850,000 “likes” Sunday evening.

Though there’s no indication that the Zuckerberg wedding had anything to do with the IPO, its timing couldn’t have been better. At least if the pair ever decide to divorce.
Zuckerberg was worth $17.5 billion as of March 2012 but that figure could now be closer to $19 billion thanks to his move to take Facebook public on May 19, according to Forbes

Prenuptial agreements generally waive the right to make claims based on California community property laws, which state that property created after marriage is community property and should be split evenly after divorce.
If there was no prenuptial agreement, Zuckerberg benefited by waiting until after the initial public offering. If the marriage had taken place before the IPO, his shares could have been considered marital assets. Since it took place afterward, he can argue his Facebook holdings were separate property acquired before marriage, and they were not marital property. He probably couldn’t make the same argument, however, about gains made after the marriage. Earnings from work are generally considered community property.
Whether or not these legal repercussions had any impact on the timing of the Zuckerberg wedding is unknown. Even if they had no impact, Zuckerburg may have just lucked out.
Some of the benefits of a prenuptial agreement include:
  • documenting each spouse’s separate property to protect it as separate property,
  • supporting your estate plan and avoiding court involvement to decide property distribution,
  • distinguishing between what is marital and what is community property,
  • documenting and detailing any special arrangements between you and your spouse,
  • avoiding extended court proceedings, which result in the time of expensive divorce attorneys,
  • reducing conflicts during a divorce,
  • establishing procedures and rules for issues that may arise in the future, and
  • assigning debt, such as credit cards, school loans, and mortgages, to the appropriate spouse to avoid both spouses sharing debt liability.

Many people fear that discussing such matters, or even bringing up the word prenuptial agreement, will cause turmoil in their relationship. Often times, just the opposite is true. One of the main irreconcilable differences leading to divorce is finances. Talking to your spouse ahead of time regarding finances, property, and marital asset management can avoid a lot of these disagreements. You both can get on the same page in the beginning so that the issue does not pop up and cause an argument later. Furthermore, discussing these issues nurtures healthy communication. Even if you and your spouse decide a prenuptial agreement is not for you, discussing it may be a good idea.

Whether to enter into a prenuptial agreement or not is a very personal decision. Each individual and couple is unique. Therefore, you should base your decision on your own unique circumstances.

Legal updates by the Orange and Riverside County Law Firm of Don Ho, LLP.

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How to File for Divorce

  
There are three main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage.  Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case.
After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time.  Think about how you are going to handle your case.  Planning before you start and talking to a lawyer can save you time and money as you go through the court process.
The following chronology will give you a general idea of how the average divorce process works.  Your divorce may be a little different because of specific legal issues which may arise between you and your spouse.

How to File for Divorce:

  • To begin a divorce in California, one spouse must file a divorce petition in his/her local courthouse.  The local family law courthouse in the Orange County area is the Lamoreaux Justice Center in Orange, California.  The person who files the divorce petition is called the “Petitioner.”
  • After the summons and divorce petition are filed with the court, the divorce petition must be personally served.  The person who is served with the petition is called the “Respondent.”
  • After the lawsuit is served, the Respondent has thirty (30) days to file a response to the petition with the court.  The Response tells the court that the Respondent intends to participate in the divorce proceedings and wants to be notified of any upcoming court divorce hearings.
  • If the Respondent fails to file a response to the divorce within 30 days, the case proceeds without the Respondent’s participation.  This is called proceeding by “default.”
  • If the case proceeds by way of default judgment, the Petitioner prepares a divorce judgment and submits it to the court and the case is concluded.  The parties become single after the statutory waiting period has expired.
  • If the Respondent files a response to the divorce, the parties exchange documents and other information about their property and incomes.  This is called “discovery.” By examining important documentation beforehand, sometimes the parties are able to settle their dispute without ever having to go to trial.
  • Sometimes one or both of the parties will need the court to make orders before the divorce case is concluded.  Either spouse may file an Order to Show Cause at any time before the trial.  An Order to Show Cause is a request for the court to make temporary orders. Usually these temporary orders concern child custody, child visitation, child support, spousal support, or attorney fees.  These orders are only good until the trial.
  • Sometimes the parties never have to go to trial because they agree on the terms of the divorce beforehand. If a divorce settlement is reached, the spouses will have a Marital Settlement Agreement prepared. This becomes the divorce judgment and the case is concluded. The divorce is granted after the six month waiting period has elapsed.
  • If the parties are not able to reach an agreement, the divorce will go to trial.  Even if the parties cannot agree on everything, sometimes will be able to agree on some issues.  If this happens, the parties can prepare a Partial Judgment.  This becomes part of the final judgment after the parties have a hearing on the remaining issues in the case.
  • At trial, each side presents evidence and arguments. The judge decides all remaining matters, including child custody, child visitation, child support, spousal support, attorney fees and property division.  The divorce judgment is prepared.
  • Once the judge signs the divorce judgment and the six month waiting period has elapsed, the divorce becomes final, and the parties are single and free to remarry.
  • Even after the divorce judgment is entered if the parties’ circumstances change, either party can later return to court and ask the judge to change certain orders in the divorce judgment.  However, the court’s power to change the orders in a divorce judgment are limited to child custody, child visitation, child support, and spousal support.
Legal updates brought to you by the Orange County and Riverside Law firm of Don Ho, LLP. 
Sources and Related articles

 

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    Divorce Help: Don't Let Your Divorce Be More "Taxing" Than Necessary

    Tax
    Tax (Photo credit: 401K)

    With the federal income tax filing deadline a little under a month away, many California residents are feeling the pressure of preparing and filing their taxes on time.  Filing your taxes can be confusing regardless of your financial situation.  However, they become even more complicated when you have undergone a major life change in the last year, such as a divorce, legal separation or other family law issue.

    A divorce is stressful enough and despite your circumstances, the government will still expect you to file your taxes promptly and correctly. If you are really confused about your taxes, the best thing to do is to seek assistance from a tax professional.  Nevertheless, there are a few standard guidelines for filing taxes after a divorce.

    What is my tax filing status?
    Most importantly, you must decide the correct filing status to use.  In general, your federal income tax filing status is determined by your marital status as of the last day of the tax year.  Thus, if you were married on December 31, 2011, you will be considered married for the entire year.  If you were divorced on December 31, you are considered divorced for the year.  In general, a person who is legally separated is not considered as married.  This can vary based on state law, however, so may be a good idea to double-check with a California family law attorney.  Even if you were still married on December 31, you can choose whether to file jointly or separately.

    Can I Qualify as a “Head of Household”
    If your divorce was final on or before December 31, 2011, you can either file as single or as head of household.  Filing as “head of household” may result in a lower tax bill than if you were to file as single, but this designation has strict requirements. To qualify as head of household you must:

    • maintain the primary home of household for a qualifying child, or someone you claim as a dependent for more than half the year
    • be unmarried at the end of the year or living apart from your spouse for more than six months
    • provide more than half the cost of maintaining the household
    • be a U.S. citizen or resident alien for the entire tax year

    Note: It may not be clear who had custody for more than half the year and is able to file as a head of household when parents have joint physical custody of their child.  The parents should agree between themselves how to handle this issue. A daily log of exactly where the child lives during the year should be kept, as well as a record of household expenses and who paid them.

    Can I claim an exemption for my children?
    In general, a child’s custodial parent will claim the child as an exemption in their taxes.  Although, in some cases, it may make sense financially to trade the exemption to the other parent.  A financial planner may be able to help you determine the best use of the exemption. 

    Are child support payments considered taxable income?
    In almost every situation, child support is tax neutral.  Child support payments are not taxable income for the parent receiving the support, nor is it tax deductible for the parent paying the support.

    Are alimony payments considered taxable income?

    Spousal support, on the other hand, is considered income for tax purposes.  Such payments are almost always taxable income for the recipient –and they are tax deductible for the payor.  There are some guidelines and qualifications in regards to spousal support.  Alimony must be included in an official court order or court-approved settlement in order to qualify for tax deduction.  In addition, any alimony payments made while the spouses lived together may not be deducted.

    Are assets transferred as part of my divorce settlement agreement taxable?
    In general, when assets are transferred as part of a divorce settlement agreement, the person that receives the transfer does not need to pay taxes based on the transfer alone.  However, if the recipient decided to sell the asset at some future date, they would likely have to pay capital gains on the appreciation of the asset both before and after the transfer.

    It cannot be denied that there are many details to consider when preparing your federal income tax return.  If your situation is especially complicated, it may be a good idea to enlist the services of a California tax or family law professional to guide you through the process.

    Sources and Related articles

    Legal updates brought to you by the Riverside and OC attorneys at Don Ho, LLP.
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    Help! I've Signed an Arbitration Agreement

    Many employers ask employees to sign arbitration agreements, in which they give up their right to sue in court over job-related issues such as wrongful termination, breach of contract, and discrimination.  This may not seem like a big deal when you are starting a new job and do not foresee any legal disputes but if your rights are later violated at work, that arbitration agreement might come back to haunt you.
    What is an arbitration agreement?
    Typically, arbitration agreements are given to employees to sign when they are hired.  These agreements usually state that both parties, employee and employer, agree to resolve their legal issues before a private arbitrator instead of civil court.  Often time an arbitration agreement can require that this process take place in a specific jurisdiction and can also redefine or restrict some statutory issues.  There are many different arbitration companies to choose from, but the American Arbitration Association and JAMS are two of the larger ones that are routinely appointed in arbitration agreements.
    Enforceability in California
    Generally speaking, in California, an employer can require its employees to agree to arbitration as a term of employment if the agreement is drafted and implemented properly.  However, there are some protections and arbitration agreements are routinely struck down by courts if they are not properly drafted.   If an agreement has too many unfair or one sided terms, California courts may refuse to enforce the agreement or sever the unfair terms.  For example, recently a California court held in Ajamian v. CantorCO2e, that an arbitration agreement was not enforceable because it required the employee to waive statutory damages and remedies and only allowed the employer to recover its attorney’s fees if successful, not the employee.
    Do not ignore these agreements if you have a dispute with your employer.  Many people think that these agreements can be ignored or that are simply a legal formality.  Under California arbitration law, if you ignore the agreement, a court could find you in breach of the agreement. Thus, no matter how strong your claims are, you will not be able to proceed though arbitration or in court, and you will be unable to get any remedy for your dispute.
    Disadvantages of arbitration
    You may wonder why it matters where your claims get heard, as long as they are heard somewhere.  An arbitration differs from a court case in many ways, several of which can work against employees.  With arbitration, your claims are heard and decided by an “arbitrator” who is paid by one or both sides to listen to the evidence and witnesses.  That means there will be no jury to hear your story — and juries are often sympathetic to employees.  In addition, the arbitration process limits the amount of information each side can get from the other.  In employment cases, this generally hurts the employee, because the employer is usually the one who has most of the documents and information relating to the employee’s case.  Finally, an arbitration usually cannot be appealed, which makes arbitration awards more final than court verdicts. If you think the arbitrator’s decision is unfair or wrong, you will not be able to argue your case before a higher court.
    Advantages of arbitration
    An arbitration does have some advantages over a court trial.  The arbitration process is more cost-effective and less time-consuming than court trials.  Cases in arbitration are heard and decided much more quickly than court cases, which can take several years from start to finish.  While arbitration is a formal process, the rules and procedures are less onerous than those of a court of law.  This can make the process easier for all involved, especially employees who are not used to litigation.  Arbitration also affords more privacy for the parties.  Unlike court actions, arbitration proceedings and arbitrators’ decisions are not normally made public.
    Do I have to sign the arbitration agreement?
    If your employer asks you to sign an arbitration agreement, you can refuse, however it may put your job in jeopardy.  If your employer will not let you outright refuse to sign an arbitration agreement, it may allow you to negotiate certain terms of the agreement to make it more fair to you.  Although an employer may not agree to your requests, it is unlikely you will be fired for asking.  Negotiating your agreement to arbitrate is no different from discussing your salary or benefits.  Just like the employer, you are simply negotiating for your best interest.
    Here are some provisions that can help create a more balanced arbitration process. 
    • Choice of arbitrator. You should get as much say in choosing the arbitrator as the employer.  Given the power of the arbitrator you will want to have rights equal to those of your employer in the selection process.
    • Disclosure of information. A potential arbitrator should have to disclose information about his or her business and personal interests so you can make sure that the arbitrator is not biased in favor of the employer.  You and the employer should have the right to reject any arbitrator who has a conflict of interest. 
    • Costs of arbitration. Because the employer is the one who wants to use arbitration, the employer should have to pay for it. 
    • Remedies available. Make sure that you can receive all of the remedies that you would have available if you had filed your claim in a court of law.  For example, the agreement should not prohibit you from seeking punitive damages or damages for emotional distress. 
    • Attorney representation. You should have the right to be represented by an attorney throughout the arbitration process.
    But I did not know I agreed to arbitration

    Employees often sign arbitration agreements unintentionally.  Some employers give new employees piles of paperwork to fill out on their first day, and some employees, in turn, sign documents without reading them.  Although many employers are straightforward and present the arbitration agreement to employees openly in a separate contract, others bury arbitration agreements in other documents, such as an employment contract, a hiring letter, or an employee handbook.  Make sure that when you sign a contract, letter, handbook acknowledgment form, or any other document from your employer, you agree to all the terms of the document — even the ones that you may not have read.  Do not sign any document acknowledging you’ve read something unless you actually have read it and understood it completely. 

    You can still use government agencies to help fight discrimination
    If you sign an arbitration agreement and your employer discriminates against you, you can still complain to a government agency, such as the federal Equal Employment Opportunity Commission (EEOC) — and the agency can decide to sue the employer in court on your behalf. The arbitration agreement you signed applies only to you; it doesn’t apply to an agency that wants to step in and enforce the law. 
     
    Arbitration is a very tricky area because the law is still developing.  You should consult a knowledgeable attorney before to trying to resolve any dispute where you have an arbitration agreement.  If you have questions before or after entering into an employment contract, contact the Orange County and Riverside Employment Law firm of Don Ho, LLP. 
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    Increased Maternity Leave Protections in 2012

    January 2012 will be a busy month for most California employers as they work to comply with a number of new laws affecting employers and employees alike.  One of these laws affects health coverage during maternity leave.  SB 299, effective January 1, 2012, amends Government Code Section 12945 (concerning Pregnancy Disability Discrimination and Pregnancy Disability Leave) and requires the continuation, at pre-leave levels, of health insurance benefits, for up to four months during a legally protected pregnancy disability leave.

    More specifically, SB 299 requires all public agencies and private employers with five or more employees to continue to maintain and pay for health coverage under a group health plan for an eligible female employee who takes Pregnancy Disability Leave (PDL) up to a maximum of four months in a 12-month period.   The coverage must be at the level and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave.

    Under the current pregnancy disability provisions of the California Fair Employment and Housing Act (FEHA), employers were only required to provide benefits for pregnancy leave to the same extent and for the same length of time as they would for other temporary disability leaves.  Employers covered by the federal Family and Medical Leave Act (FMLA), meaning the employee had been employed for at least one year and had worked 1250 hours in the past 12 months and the employer employed 50 or more employees within a 75 mile radius, had to provide continuing coverage during the twelve weeks of FMLA leave.  The new law requires group health insurance continuation coverage for all employers with five or more employees regardless of how they treat other temporary disability leaves and regardless of FMLA coverage.  Even recently hired employees at smaller employers will be entitled to paid health benefits for up to four months of the leave provided the employee is otherwise eligible for the health benefits or becomes eligible during the leave.

    Additionally, the law provides for the employer to be able to recover the premium amounts paid if:
     (1) The employee fails to return from leave after expiration of the leave; and
     (2) The reason for the employee not returning is not one of the following:
             a. The employee is taking CFRA leave; or
            b. The continuation, recurrence or onset of a health condition that entitles the employee to leave under PDL (such as the employee having medical complications relating to child birth) or other circumstances beyond the employee’s control.
    This new law will have a significant impact on employers because employees who are ineligible for FMLA leave are eligible for pregnancy disability leave.  Further, continued insurance coverage provided for pregnancy disability leave will not count against an employee’s right to continued benefits under the FMLA if she subsequently becomes FMLA eligible.  It is important to note that it is unclear at this time what effect the federal Health Reform Law will have on the new law.
     
    The Orange County and Riverside Employment Law firm of Don Ho, LLP suggests that all employers review and revise their policies, procedures and forms relating to Pregnancy Disability Leave, and FMLA/CFRA in order to incorporate the new law.  Training of personnel responsible for implementation of these leaves will also be necessary.
    The full text of SB 299 can be found here.
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    New Law Imposes Penalties for Classifying Employees as Independent Contractors

    In an attempt to crack down on the misclassification of employees as independent contractors, earlier in the month, California Governor Jerry Brown signed into law SB 459.  SB 459, which becomes law January 1, 2012, adding Sections 226.8 and 2753 to the Labor Code, prohibits willful misclassification of individuals as independent contractors.

    The new law provides for penalties for a “willful misclassification”:

    “Willful misclassification” means avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.
    The bill also prohibits employers from charging a misclassified worker a fee or deducting from his pay for any costs related to his employment i.e., equipment, services, repairs, or fines.  Employers who violate the new law will be fined between $5,000-$15,000 for each violation, in addition to any other penalties or fines.  Employers engaged in a “pattern or practice” of violations are subject to fines up to $25,000 for each violation.

    For more information about that factors considered in determining whether a worker qualifies as an independent contractor click here.

    In addition to the substantial civil penalties, employers who violate the law are also required to post a notice on their website, or if the employer does not have a website they must post it in an area available to employees and the general public, for one year about the violation.  The notice must contain the following information:

    (1) That the Labor and Workforce Development Agency or a court, as applicable, has found that the person or employer has committed a serious violation of the law by engaging in the willful misclassification of employees.
    (2) That the person or employer has changed its business practices in order to avoid committing further violations of this section.
    (3) That any employee who believes that he or she is being misclassified as an independent contractor may contact the Labor and Workforce Development Agency. The notice shall include the mailing address, e-mail address, and telephone number of the agency.
    (4) That the notice is being posted pursuant to a state order.

    SB 459 reinforces the importance of appropriately classifying independent contractors under California and federal employment laws.
    If you or someone you know owns or manages a California company, make sure your employees are properly classified in accordance with the most recent applicable laws.  The Orange County Employment Law firm of Don Ho, LLP can assist business owners in determining whether employees are properly classified as independent contractors.

    For the full text of SB 459 please click here.

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    Stoking the Fires of the Medical Marijuana Debate

    A medical marijuana dispensary located on one of Southern California’s most famous beaches was shut down by authorities earlier today.

    The Medical Kush Beach Club of Venice Beach was raided by officials from the Los Angeles County District Attorney‘s office, the LAPD, the county Sheriff’s Department and the State Department of Corrections and Rehabilitation.  Two other locations that housed a doctor’s office and a smoke shop were linked to Medical Kush Doctor and were also raided.

    A spokeswoman for the Medical Board of California said that the contents of the warrant were sealed, but did provide the addresses of the sites that were raided.  Attorneys for Medical Kush Doctor were notified and came down to the scene.  One of the attorneys, Graham Berry, said the warrant authorized a search of the offices, vehicles and “anything else that your imagination could run to.”  Berry believed that “the target was the doctors and the practice of writing recommendations and the [dispensary] was a collateral casualty.”

    This is just the latest example of authorities attempting to slow down the proliferation of medical marijuana use. in California.  Under state law, the use of medical marijuana is legal with a doctor’s prescription.  However, detractors of Prop 215 and SB420 – the laws that allow for medical marijuana use – believe that medical marijuana is being abused by people who have questionable “diseases” and conditions.

    The interesting thing about this morning’s raids is that they were conducted by authorities from the State of California and not the federal authorities, such as the Drug Enforcement Agency (DEA).  Marijuana is still considered an illegal drug under federal law, and several high profile raids have occurred under the DEA’s dominion.  This leads credence to Attorney Berry’s assertion that the authorities were going after the doctors themselves and not the dispensary, per se.

    All factual information provided by the Los Angeles Times

    The  Orange County law firm of  Don Ho, LLP can assist you regarding California’s medical marijuana law or any other legal matter.
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