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Yes, Selling Marijuana is a Felony in California

Health & Safety Code §11360 makes selling, transporting, and distributing marijuana in California a felony punishable by up to four years in State Prison.

A nice college kid like you in prison? I don't think so.

I'm not talking about the big pot distribution kingpins. I'm talking about regular college students who may have a little leftover and want to pass it on for a couple bucks; maybe the price for a larger quantity was lower so several students split the purchase. Whatever the situation, a felony conviction can get you booted from college and land you in State Prison with murders, rapists, and the criminally violent.

Prosecutions for marijuana sales among college students generally result from either a sale to an undercover narcotics officer, or from police observation of a sales transaction among third parties.

It is very common for cops to take a hidden "surveillance position" and watch an area known for drug use, such as college parties, sporting events, and concerts. They will be staring you right in the face and you won't even know it; could be the spunky co-ed, the enthusiastic fan, or the guy sweeping the trash or selling t-shirts. Police have become very good at hiding in plain sight. The cops will move in and arrest the suspects after they believe they've seen - or think they have seen - a transaction take place.

No. The internet is no safer.  More and more police are busting marijuana sellers & buyers online. From their tiny cubicles down at the police station, Narcotics officers troll and monitor websites such as Craigslist, Kijiji, and eBay watching for buyers and sellers of weed or "weed related" items to post messages. They then respond by phone or email and arrange a "controlled buy" at which they arrest the seller.

Be real. The fact is that some law enforcement officers will lie, cheat, and do anything necessary to secure a conviction. Of course that is not true of all law enforcement officers, but rest assured, there are some and those officers don't care about your spotless past or your ruined future and they are not interested in the truth.  If you or someone you care about is facing marijuana sales charges, REMAIN SILENT and get professional help from a skilled and aggressive attorney before it is too late.

For more information about defending marijuana sales or possession charges for college students in Southern California, contact The Law Office of David J. Givot at (310) 699-0070 or online at www.TheLegalGuardian.net.

Possession of Marijuana is a Crime?

Is possession of Marijuana for Personal Use a Misdemeanor?

Yes. Possession of a single ounce (28.5 grams) or less of marijuana is a misdemeanor in California. California Health & Safety Code §11357

While the good news is that possession of an ounce or less of marijuana can only be punished by up to a $100 fine, the bad news is that a misdemeanor on your record is still a misdemeanor on your record and you could find yourself having to explain it away for a very, very long time. A simple personal use conviction creates a criminal record that can get you booted from college or interfere with a your ability to get into graduate school, receive a professional license, secure a job, or receive other benefits.

On the other hand, possession of more than a single ounce (28.5 grams) of marijuana is punishable by up to six months in the county jail and/or a fine of up to $500 plus all of the consequences above.

A college student convicted of marijuana possession most likely qualifies for Proposition 36 or drug diversion under Penal Code §1000. This "Deferred Entry of Judgment" program allows for treatment rather than jail time. Upon successful completion of the program, the case is dismissed.

In many cases, a clever and skilled marijuana defense lawyer can arrange an "informal diversion" with the district attorney or judge. The client agrees to do a short amount of community service, or attend a few N.A. meetings. In return, the court dismisses the charge altogether and no criminal record is generated.

If you or someone you care about is facing marijuana possession charges, get professional help before it is too late.

For more information about defending marijuana possession charges for college students in Southern California, contact The Law Office of David J. Givot at (310) 699-0070 or online at www.TheLegalGuardian.net.

College Students Beware: Not All Theft is Petty

Burglary in California (PC §459)

Under California law (Penal Code §459), Burglary is defined as "entering a structure with the intent to commit a felony (or a petty theft) once inside".

While this offense is commonly referred to as "breaking and entering," forced entry is not required. If one intends to commit a theft or felony after entering, the Burglary is [technically] complete upon passing through the threshold of the structure.

Depending on the criminal history of the defendant as well as the circumstances of the case, Burglary may be charged as a misdemeanor or a felony. Because it can be charged either way, we call it a "wobbler" and the difference is significant. As a misdemeanor, a conviction can lead to some time in county jail; as a felony, one can be sentenced to several years in State Prison.

Example:

You go to a college party knowing that there will be drunk college girls who sure to be careless with their purses.

Knowing that you can easily lift wallets, jewelry, and other items of value from the sauced co-eds, you enter the party and get to work.

That is burglary...and yes, that can land you in STATE PRISON!

Remember, accusations and convictions are completely different. That is why skilled and aggressive legal counsel is a must for anyone facing Burglary allegations or charges.

Penal Code §459: How One Can Be Convicted
A Burglary (PC§459) conviction in California requires that the prosecution prove, beyond a reasonable doubt, only two things:

First: that the defendant entered a building or other specified structure or enclosure,

AND

Second: that, at the time the defendant entered, he or she had the intent to steal or commit some other felony.

One would think that a conviction should be simple given that there are only two elements to prove. However, a skilled Criminal Defense Attorney knows that there is much more to it than that.

What is a Building?
A "building" is defined as a structure designed for and having the capacity to contain people or animals, or to shelter property. The law actually identifies over twenty types of locations that may be the subject of a burglary.

For example:

• homes
• hotel rooms
• apartments
• campers
• motor homes
• shops
• stores
• offices
• warehouses
• restaurants
• cars
• boats
• airplanes
• railroad cars
• barns
• stables

What is Entry?
"Entering" a structure is not as obvious as just walking through a door or crawling through a window. For purposes of California burglary law, one "enters" a building or structure:

1. When any part of the defendant's body crosses the outer limits of that location, or

2. When any object under the defendant's control crosses those limits.

Look at it like this: when Goldilocks entered the Bear's home by walking through the door, she entered. If she had the intent to take food when she did, the burglary was complete the moment she crossed the threshold. Even if she changed her mind and walked out empty-handed. That is simple.

However, what if she simply reached in through the already-open kitchen window? Yes, that is enough for entry. Had she reached in intending to take the pie that was cooling on the counter, the burglary would be complete.

Let's say she used a fishing pole to lift the pie up and through the window and that no part of her body passed through and into the house...that is enough for entry. The fishing pole entered under her control. That's all it takes.

Theft is Theft
California’s Burglary statute specifically refers to both grand theft and petty theft.
Grand Theft (PC §487) refers to

• stolen goods or services valued above $400,

• stolen cars (grand theft auto), or firearms, regardless of their value, and

• property stolen directly from another’s person.

Petty Theft (PC §484) refers to
• stolen goods or services valued at or below $400.

Burglary and Robbery are Different, but Can be Related
Robbery (PC §211) is simply as the taking of another’s property from his or her person or immediate presence, accomplished by force or fear.

The individual who enters a structure with the intent to use force, intimidation, or fear to obtain property from a person on the premises, the burglary is complete. If that same individual carries out the intended crime, he or she will also face robbery charges and probably several others.


First Degree Burglary vs. Second Degree Burglary
California separates burglary into two categories -- first degree burglary and second degree burglary (PC §460)

First Degree Burglary, also known as residential burglary, occurs when the defendant commits a burglary on any inhabited dwelling and is the more serious of the two types. A dwelling is "inhabited" if it is used for dwelling purposes, regardless of whether it is currently occupied. First degree burglary is always a felony.


Second Degree Burglary, a.k.a. commercial burglary, is any burglary that isn't first degree. Shoplifting (PC §484) is the most common example. Second degree burglary is a "wobbler," which means it may be prosecuted as a felony or as a misdemeanor.

Strike Three, You’re Out
A first degree residential burglary conviction, it will count as a California serious felony under PC §1192.7(c). If there was a person in the residence or other structure at the time of entry, the burglary will count as a violent felony. In either of these situations, the conviction will count as a strike under California’s Three Strikes Law, which could ultimately result in lifetime imprisonment.

Defending PC §459 Burglary
Make no mistake, penalties for burglary in California a strict and sometimes the evidence can appear very damaging. Nevertheless, a skilled California burglary attorney knows how to argue against the evidence and present a tough legal defenses to persuade the prosecution to resolve the case or maybe even dismiss it altogether.

If you or a loved one has been accused, arrested, or charged with a burglary in Southern California, consult a skilled Criminal Defense Attorney who will take the time to fight for you personally.

For more information about burglary, or to discuss your case confidentially, contact The Law Office of David J. Givot at (310) 699-0070 or go to: http://www.thelegalguardian.net/

Seven Reasons College Students Get Arrested

It's ironic that one must be pretty smart to get into college these days, but somehow college is where those smart people do some stupid, stupid stuff. The following list represents seven of the most common reasons why college students get arrested and the consequences they never consider. If you consider this a "what-not-to-do" list, you will be far less likely to be arrested. Lastly, you will see that the potential long-term consequences of these "minor" offenses require skilled legal counsel NOW!

Hold Your Water
Urinating in Public PC §370

The offense commonly referred to as "Public Urination" is as simple as peeing or pooping in a public place and not a restroom and may be charged as a misdemeanor or an infraction depending on the jurisdiction (California Penal Code §370). While the offense itself is easy to commit, if not properly handled, it can be much more severe than you might imagine. In fact, taking a leak behind a wall or a tree could result in lifetime registration as a Sex Offender. That's right. Plus, a nasty blemish on your "record" for-ev-er!

Know When to Say When...And Where!

Drunk in Public PC§647(f)

If you are not in private, you are in public and if you show objective signs of intoxication (alcohol or drugs) such that you appear to be a danger to yourself or others, then you are drunk in public according to California Penal Code §647(f). In addition to spending the night in jail, if not properly handled, a PC §647(f) arrest could result in more jail time, fines, fees, probation, and other related consequences, including a nasty blemish on your "record" for-ev-er!

Take it Down a Notch

Disturbing the Peace PC§415

Certainly not the crime of the century, nevertheless California Penal Code §415 says that any person who unlawfully fights in a public place or challenges another person in a public place to fight; any person who maliciously and willfully disturbs another person by loud and unreasonable noise; or any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction can be convicted. If not properly handled, a conviction can lead to jail time, fines, fees, probation, and a nasty blemish on your "record" for-ev-er!

Don't Take the Car...

DUI/DWI VC§23152(a)&(b)

Welcome to your nightmare. A drunk driving arrest (California Vehicle Code §23152(a)&(b)) opens a Pandora's box of trouble for you. If you are under the influence of alcohol or drugs, "Any volitional movement" of a vehicle is all that is necessary to secure a conviction. That means adjusting the car in a parking space, backing up so someone can get out, or even rolling an inch to check for a nail in your tire...not to mention actually driving. In addition to being arrested, if not properly handled, a conviction can lead to additional jail time, huge fines and monstrous fees, lengthy probation, a suspended driver's license, expensive classes, spending a day in a hospital and morgue, spending another half-day being yelled at by MADD, and the installation of an ignition interlock device and that nasty blemish on your "record" for-ev-er!

No, You Cannot Hold it for a Friend

Minor in Possession of Alcohol BP §25662

If you are under the age of 21, California Business & Professions Code §25662 prohibits you from possessing, much less consuming, and alcoholic beverage. While a conviction may not land you in jail, if not properly handled, you will be subject to hefty fines, court fees, probation, loads of community service hours, the suspension, revocation, or denial of your driver's license, and the dreaded nasty blemish on your "record" for-ev-er!

[Don't] Smoke Two Joints

Possession of Marijuana H&S §11357

Although there is a strong push to legalize the possession and recreational use of Marijuana, as of this moment it remains illegal. While most college students believe they will only get a ticket, the reality is a conviction, if not properly handled, can lead to jail time, fines, fees, probation and a nasty drug-related blemish on your record, where it could stay for-ev-er!

Put The Paddle Away

Hazing PC §245.6

California Penal Code §245.6 defines hazing as "...any method of initiation or pre-initiation into a student organization or student body...which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state..." It doesn't matter whether the group is recognized by the school. Likewise, it doesn't matter that serious injury was not caused. The likelihood is all that is necessary. This offense may be charged as a misdemeanor or a felony, which means, if not properly handled, you can face local jail or state prison in addition to the fines, fees, probation, expulsion, and all the other associated nastiness...including the blemish on your record, where it could stay for-ev-er!

For college students who are in trouble with the law, David J. Givot, The Legal Guardian, is SoCal's trusted authority on student legal defense. We fight harder and smarter for your rights so you can get on with the rest of your life. Call today for a FREE initial consultation: 888/293-0396 or Contact David Givot online NOW!