Dispelling Myths about Medical Marijuana in California

When our state legalized medical marijuana by passing California’s “Compassionate Use” Act of 1996 (known as Prop 215), many people who suffered from painful or debilitating medical conditions could suddenly obtain access to a valuable medicinal resource without fear of prosecution.  Voters approved California Proposition 215, which is now codified as Health and Safety Code Section 11362.5, et seq., to permit use of marijuana for treatment of a “serious medical condition.”  However, there are many myths and misconceptions about medical marijuana in California, so this blog post is intended to set the record straight in the hope this permits people to make an informed decision about whether to take advantage of Prop 215. 

Myth No. 1: An individual will be convicted of possession of marijuana if he or she does not have a medical marijuana card.

While there are distinct benefits to obtaining a medical marijuana identification (MMID) card, an individual can avoid a conviction under marijuana laws pertaining to possession, cultivation, or transportation of marijuana under certain circumstances even without a card.  If you are charged with any of these violations of criminal offenses involving cannabis, you can still assert your legitimate medical use as a defense.  A patient using marijuana will need to prove that a licensed California physician prescribed or approved the individual’s use of the drug either in written or oral form to treat a serious medical condition.  However, the decision to obtain a medical marijuana card can prevent the hassle of an arrest by providing a means to immediately establish that your use, possession, cultivation, or transportation of pot is lawful. If you present a medical marijuana card, a police officer will not arrest you for abiding by the terms of Prop 215 unless the information on the MMIC is false or the card was obtained through fraud.

Myth No. 2: Applicants for medical marijuana cards risk being targeted by law enforcement because their marijuana use is part of a law enforcement database.

A patient’s use of medical marijuana is not a matter of public record, and the California medical marijuana registry does not gather any personal information about cardholders, such as social security numbers, names, or addresses.  The only information that is kept is the unique card number and the fact card is valid.  The MMIC also does not display any personal information on than the individual’s picture.  When an individual purchases cannabis at a dispensary, the card identification number is entered into the database. The only information that is provided is whether the MMIC is valid.

Myth No. 3: Possession of a MMIC provides immunity from arrest or prosecution for marijuana-related offenses.

Although Prop 215 decriminalized medical marijuana in a number of respects, protection of the law depends on compliance with its terms and conditions.  If an individual possesses too substantial a quantity of marijuana or offers the drug for trade, transfer, or sale, these remain criminal acts.  Even possession of a small quantity of medical marijuana is a crime under certain circumstances.  An individual can be prosecuted for smoking marijuana under the following circumstances:

• Within 1,000 feet of a school, youth center, or recreation center (unless within a residence)
• At locations where smoking is prohibited
• On a school bus
• In a motor vehicle while driving

While marijuana is still classified as a Type I Controlled Substance by federal law enforcement authorities, the current policy of the federal government is not to override state medical marijuana laws provided sufficient safeguards are implemented.

Myth #4: My possession of marijuana is not regulated provided I do not have an intent to distribute or otherwise engage in acts of giving away or selling marijuana.

The amount of pot that is permissible under the CUA is strictly regulated in terms of quantity.  The allowable amounts of medical marijuana are indicated below:

• Cultivation: Maximum of eight mature plants or 12 immature plants
• Possession: Maximum of eight ounces of dried marijuana

However, there is an exception to the general rule that permits a medical marijuana patient to possess more plants or marijuana if a doctor indicates the higher quantity is consistent with the individual’s medical needs.

If you have been arrested for a marijuana-related crime or other drug offense, our San Diego Drug Defense Lawyer provides a vigorous defense of those accused of drug offenses.  The Law Office of Ashby Sorensen is devoted exclusively to representing individuals charged with serious crimes, including drug offenses.  Call Ashby today at (858) 999-6921 to schedule a free consultation. 

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Fraud Offenses in California: Understanding the Basics

Under California law, there are a multitude of fraud offenses defined under many separate statutory provisions.  Basically, criminal fraud in this state involve engaging in unfair or dishonest practices that permit you to obtain undeserved benefits and/or cause harm to another individual. Crimes of fraud usually arise out of a desire to escape culpability for illegal actions or to obtain a monetary or other financial advantage.  There are many types of fraud under California law, including the following:

Insurance Fraud: California Insurance Fraud involves attempting to obtain insurance benefits or money to which the insured is otherwise not entitled.  This type of fraud can range from staging a car accident, misrepresenting the insured’s loss or injuries, to submitting false billing to a private health insurer or Medicaid/Medicare for services not performed.  Examples include California Healthcare Insurance Fraud, Medicare/Medicaid Fraud, and Worker’s Compensation. 

Mail Fraud: The offense is a federal crime that is subject to more serious penalties. A violation involves fraud committed through use of the mail to advertise fraudulent services, intentionally fail to deliver a product ordered through mail, or mail a forged check.

Real Estate/Mortgage Fraud: These types of fraud have become much more common in recent years.  These types of fraud schemes take many forms including predatory lending schemes, creation or use of a forged deed, illegal flipping schemes (e.g. use of false appraisal or loan documents), fraudulent offers of foreclosure avoidance services, false financial records to obtain financing, and similar acts involving misrepresentation or false statements.

Check Fraud: Making or issuing a check when you intend to defraud the payee and, you reveal that intent by representing the check to be genuine.

Credit Card Fraud: This form of fraud can take many forms, such as selling fake credit cards, unauthorized use of another person’s credit card, and using an expired or revoked credit card

Nursing Home or Elder Abuse: Fraud in this contact involves financial abuse of nursing home residents or other elderly people.  A caregiver who persuades a resident to sign over the senior’s property, forges the senior’s name on checks, or overbills for care can face criminal charges of fraud.

These are just a handful of examples of fraudulent schemes using dishonesty, misrepresentation, lies, deception, and other forms of unfair conduct to defraud individuals and entities out of money, property, services, or benefits.

If you commit a form of fraud in California, you can face incarceration, substantial fines, the obligation to pay restitution, probation, and other penalties.  Further, a fraud conviction generally will be considered a crime of moral turpitude, which can result in difficulty obtaining a professional license, such as a doctor, attorney, and other occupations, as well as resulting in adverse immigration consequences for non-citizens.

If you have been charged with a fraud offense in Southern California, San Diego Criminal Defense Lawyer Ashby Sorensen is committed to assisting people facing the potentially life-altering consequences of a criminal conviction.  Call the Law Offices of Ashby Sorensen today at (858) 999-6921 to schedule a free consultation. 

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Drug Crime Defenses to California Drug Possession Laws – Discussed by San Diego Drug Lawyer Ashby Sorensen

There are two main overarching types of drug laws in the state of California - those pertaining to the possession of drugs, and those that govern the distribution or intent to sell drugs. There are also distinctions surrounding the types of drugs and their possible offenses that distinguish marijuana, phencyclidine (PCP) and methamphetamine from other controlled substances (commonly called narcotics). According to Section 1170 of the California Penal Code, the prosecutor has the authority to charge an individual and the state has the authority to punish someone who has committed drug-related offenses. If the state feels the individual had intentions of “drug dealing,” they may be charged for possession with intent to sell, or transportation of narcotics, which can lead to increased penalties and punishments. 

Possible Drug Crime Defenses 

A knowledgeable San Diego drug crime defense lawyer will have a deep understanding of California’s drug laws and understand how to present the best possible defense on your behalf. There are a variety of applicable defenses a drug lawyer could offer, and Attorney Ashby Sorensen looks forward to discussing your best options with you. For example, an individual may require the possession or use of certain controlled substances or marijuana for medical reasons, which would make their actions completely legal. A physician or specialist may also have prescribed those controlled and therefore, the individual was allowed to possess and consume them.

Oftentimes, an illegal search or seizure takes place during an arrest and the police find or confiscate evidence or drugs illegally. If that is the case, the evidence may not be admissible in court and an attorney may argue they cannot be used against you on those grounds. There may also have been mishandling of the evidence or faulty lab testing which can lead to inconclusive results and ultimately provide a defense to the charges. A drug lawyer may also argue that there was improper conduct or entrapment on the part of the police officer either during the arrest, custody or the interrogation. Any of the aforementioned circumstances may create a possible defense for the drug charges you are facing. A skilled and experienced drug lawyer such as Ashby Sorensen will be able to assess the details of your circumstances and work hard to protect your legal rights and your freedom.  

Contact San Diego Drug Lawyer Ashby C. Sorensen to Best Defend Your Drug Crime Charges 

Whether you have been arrested for a drug crime, or you know of a loved one who has, there are options and possible defenses. San Diego Drug Lawyer Ashby C. Sorensen has years of experience helping clients protect their legal rights and their freedom. He strives to create the best possible resolutions for drug crime clients and looks forward to building a strong defense for your case. Call (858) 999-6921 today for a free consultation and learn how you can start defending your charges now. 

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DUI Defence by San Diego Lawyer

Being arrested and charged with a DUI can be a very serious offense and may result in harsh punishments. There are a variety of factors and circumstances that lead to certain types of DUI charges. The number of DUI offenses you have previously acquired, whether there was injury to the other party, or the level of that person’s injury are all factors that determine what type of DUI classification you could be charged with. It is important to know the different types of DUI charges so you are educated on what constitutes each type, the available defenses that could be applicable in your case, and the scope of possible penalties and sentences you could be facing.

Different Levels of DUI Offenses

Each time a person has been arrested and charged with a DUI, the level of offense increases.  Meaning, for example, if it is your first offense, you will be charged with a 1st Offense DUI, and if it is your third, you will face 3rd Offense DUI charges. However, this only applies if the prior conviction was within 10 years of the new offense that you are charged with. The level of penalty and amount of fine also increases with each offense. Some possible consequences an individual may be faced with are suspension of driving privileges, lofty fines, probation, and jail time. Whether it is your 1st offense, or you have multiple DUI’s on your record, you have options and an experienced San Diego DUI Defense Lawyer can help you achieve the most favorable outcome.

Vehicular Manslaughter DUI and Felony DUI

Regarding Vehicular Manslaughter While Intoxicated, the level of charge classification depends on the level of negligence with which a person acted. If you acted with gross negligence, you will be charged with a felony under Penal Code 191.5(a), which leads to a sentence in state prison of four (4), six (6) or ten (10) years. However, if you acted with ordinary negligence, you will be charged with Penal Code 191.5(b) ordinary vehicular manslaughter while intoxicated. Ordinary Vehicular Manslaughter While Intoxicated under 191.5(b) is what California calls a “wobbler” charge; meaning, it can be classified as either a misdemeanor (up to one (1) year in county jail) or a felony (16 months, two (2) or four (4) years in prison).

Felony DUI with Injury

You may also be charged with a Felony DUI. A Felony DUI occurs if another person suffers injury or death because you (1) drove under the influence, and (2) either committed an additional vehicle code violation or drove in an otherwise negligent manner which caused someone to be injured. In other words, both elements have to be present, and the additional vehicular violation had to have been committed while you were driving under the influence and your driving caused injury to another person.

Contact Qualified San Diego DUI Defense Lawyer – Ashby C. Sorensen Today 

Despite the type of DUI you have been charged with, or whether or not it is your first offense, our law firm is here to help. If you want the best possible outcome for your case, contact a San Diego DUI Defense Lawyer who has the experience you need today. You have legal rights and we are here to protect them. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who will fight vigorously for your rights.

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California Drug Offense Defenses – Reviewed by a San Diego Drug Lawyer

Most people who are arrested for a drug offense in California are unaware that there may be a variety of possible defenses used to drop or lessen their charges. The impact of a drug charge can be heavy in both personal/professional consequence and punishment. If you are facing drug charges and would like an experienced San Diego Drug Lawyer to review your case and your options with you, Attorney Ashby C. Sorensen is here to help. With years of experience assisting clients in dropping or lowering their charges, he understands the system and knows what it takes to be successful. He is incredibly knowledgeable of California’s Drug Laws and consequently the defenses that are applicable in receiving the best possible outcome.

Possession of a Controlled Substance

If you were in possession of cocaine, heroin, crack, ketamine, GHB, ecstasy or some prescription drugs, Health & Safety Code 11350 states that this violation is a misdemeanor. This type of misdemeanor drug charge may be punishable to up to three (1) year in the county jail. However, most people are unaware that they may be eligible for a Proposition 36 or Penal Code 1000 drug diversion. Proposition 36 modifies California’s drug laws as applicable to some repeat offenders, and PC 1000 allows eligible drug offenders to be "diverted" into an outpatient drug counseling program rather than become part of the criminal court system. An experienced and knowledgeable drug lawyer will be able to assess your circumstances and inform you of your options and qualifications in this regard.

Possession for Sale of Narcotics

Although Health & Safety Code 11351 makes it a felony to possess illegal drugs for the purpose of selling them, some offenders may have options regarding their defense. Proposition 36 and PC 1000 do not apply in terms of possession for sale, however many police officers assume certain quantities are intended for sale when in actuality they are in possession for personal use. Cops can sometimes use faulty information when accusing people of HS 11351 and an attorney who knows the law can aggressively fight in your defense. Attorney Sorensen has also punched holes in many prosecutors cases and had evidence suppressed by showing a warrant was unjustified or improperly obtained.

Call San Diego Drug Lawyer Ashby C. Sorensen Today

If you are facing charges for the possession or possession for sale of drugs, you need an attorney by your side that will fight for your defense. You have legal rights and the justice system is not always easy to believe your side. San Diego Drug Lawyer Ashby Sorensen is experienced in drug law, and has fought for many individual’s rights and rigorously works for the best possible outcome of his clients. Call (858) 999-6921 today for a free consultation and learn what your options are, and how you can drop or lessen your drug charges. 

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About Ashby C. Sorensen

Ashby C. Sorensen works hard to achieve the goals of his clients while maintaining their constitutional rights. An energetic, aggressive, and experienced trial attorney, Mr. Ashby C. Sorensen has devoted his career primarily to the defense of criminal matters, but he also maintains a general civil litigation practice.

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Get Rid of Charges With Expert Advice From San Diego Domestic Violence Lawyer

If you have been charged with domestic violence, you could be facing serious penalties and sentencing. Understandably you are probably dealing with a high amount of stress and a variety of emotions. The one thing you cannot afford to do is waste time by standing idol. The district attorney and their team has already begun developing a case regarding the charges they are pursuing against you. You need to fight back with a powerful defense and an experienced attorney by your side who is knowledgeable of how the system works and will fight for your legal rights. Regardless of whether the victim who brought forth the charges has recanted or insisted they no longer wish to press charges, the district attorney’s office will usually proceed with the case. Be sure you have an attorney fighting on your side to ensure those charges are dropped or pursued fairly if they do proceed.

Domestic Violence Lawyer Ashby Sorensen Will Fight for Your Legal Rights

Almost every district attorney’s office in California has a unit specifically assigned to prosecuting cases of domestic violence, and yours is most likely no different. Whether you are at fault for the offense or the domestic violence allegations were made impulsively and falsely, our team of defense attorneys can help ensure you are given the best defense possible. Domestic Violence charges are pursued very seriously in California and you could be facing much greater penalties than an individual facing assault or battery charges. Unfortunately, many false allegations of domestic abuse are made every day and inflated claims are pursued all of the time. The court system is often sympathetic to alleged victims as well.  Accordingly, you need an attorney who will fight for your legal rights and be sure the court knows your side of the story.

You Could Be Facing Serious Penalties

Charges for domestic violence are not taken lightly in California and the court may not be gentle when it comes to punishments. Most importantly, domestic violence charges will go on an individual’s permanent record, surfacing any time a routine background check is made, making it very difficult for someone to get a job, own a firearm, and many other serious consequences. Someone faced with domestic violence charges could be sentenced on a variety of levels depending on the seriousness of the injuries, and if the defendant has a criminal record. Cases can either be a misdemeanor and carry a maximum penalty of 1 year in the county jail, or they can be a felony depending on the seriousness of the case and you could be facing a lengthy sentence in state prison. Most convictions will also require the defendant to complete a 52-week domestic violence rehabilitation class, on top of serving probation and any time in custody

Contact Qualified San Diego Domestic Violence Lawyer Ashby C. Sorensen Today

If you have been charged with domestic violence you need a San Diego Domestic Violence lawyer you can count on to fight for your legal rights. You could be facing serious penalties or sentencing that could affect your permanent criminal record. Call (858) 999-6921 now to schedule your free consultation or speak with attorney Ashby Sorensen today to develop the best defense to drop or decrease your charges today.

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