California Cultivation Laws and Why You Need a Drug Attorney

California drug laws are very strict. An individual can be arrested and charged with drug cultivation easier than you probably think.   This is a very serious criminal offense so it is important to call a lawyer immediately after being arrested - even if you did not intend to grow or produce illegal drugs, or you were simply using the substances for personal use. 

California law states that someone may not be in the possession of certain chemicals used to create PCP or methamphetamine.  This can create a challenge because someone that has never used or made this drug would be unlikely to know what those ingredients are.  In spite of this logical conclusion, if the police find some of these chemicals in your possession, you could be arrested and taken to jail.  The only way around this is if you had a permit to possess the chemicals.  Even so, you would need to carry the permit with you whenever the chemicals were around.  The strict nature of the law makes it easy to be charged with cultivation, even if you are innocent. 

The thing to remember is that you are innocent until proven guilty, and as a lawyer, it is my job to help show your innocence or at least create enough reasonable doubt as to your guilt. In the case of PCP or meth, we will need to demonstrate that you had a reason to have the chemicals that was unrelated to manufacturing drugs.

  

You can also be charged with marijuana cultivation, even though medical marijuana is legal in California.  In order to grow marijuana, you need to have a doctor's recommendation for doing so.  This can either be for your personal use or as a caregiver.  There are limits to how much you can grow, and you must have a medical marijuana card in order to do so.  If the police catch you without your card or if you are growing more than legally allowed, you could be charged with cultivation.  California’s marijuana laws are not a license to grow and sell, and these provisions ensure that it doesn't happen as often as it could.

As a lawyer, we will try and get the charges dismissed or reduced.  If you are charged with growing or manufacturing drugs for your own personal use, the penalties are far less severe than if you are doing so with the intent to sell them.  By simply having the charges reduced, you could be exposed to less jail time.  If you are convicted of the cultivation of PCP or methamphetamine, you could face up to seven years in jail and a $50,000 fine.  If convicted of cultivating marijuana, the sentence could be two years in State Prison. 

Regardless of whether you are innocent, it is important to work with an attorney that is experienced in handling criminal cases.  Drug crime allegations come with criminal charges that can stay on your record permanently.  A conviction can lead to consequences that extend well into the future such as difficulty finding employment or renting a home.  In order to protect yourself and your family make sure that you have a zealous criminal defense attorney that can provide a strong defense and the best chance at remaining free. 

A Criminal Attorney Explains Unlawful Intent and Identity Theft Charges

In California, it is important to work with a criminal attorney if you are charged or implicated in an identity theft crime. While, in some states, you will need to have personally harmed someone in order to be convicted, the laws are different California.  Here, you can be charged with identity theft merely by transferring information to someone who later uses it to harm another.

These are serious criminal charges that can result in jail time and a fine.  Unfortunately, to be convicted of identity theft can be easy for the prosecution.  If, for example, you were in a relationship and opened a credit card for your significant other based on a conversation you two had – they could come back and say that you stole their identity.  With that in mind, here is what you need to know.

What is “unlawful purpose”?
In the state of California, identity theft can occur when there is an unlawful purpose.  This is the intent provision.  If you obtain information about someone and intend to do something illegal with that information, that is unlawful purpose. You can also be charged with a crime if you obtain information on someone and either transfer or sell it to someone else that is going to do something illegal with it. This aspect of the law can get tricky as you may have innocently shared information, not knowing the character of who you were sharing it with.  As a criminal attorney, we can use this to build a defense. 

What information is illegal to take?
Surprisingly, this includes far more than a social security number.  Did you know that it is illegal to obtain someone’s phone number with an unlawful purpose?  This basic information is typically publicly available but, if used to accomplish something illegal, it could be considered identity theft.  It is also illegal to take more sensitive information like a passport ID number and social security number. 

What is illegal?
With identity theft laws, you cannot open a credit card or obtain property in someone else’s name.  For example, you cannot buy a house in your mother’s name or open a credit card and start spending money.   It is important to note that you cannot obtain medical information either. 

Penalties
The exact penalty will be based on the damage suffered by the victim.  For example, if the victim lost $100 the penalty would be far less than if a home was bought in their name and foreclosed on.  Those that are convicted of identity theft can face a combination of time in prison and paying a fine.  

As a criminal attorney, we recommend seeking professional help if you are charged with a crime of any kind, including identity theft.  Even if you did not intend to take someone’s identity or transfer information, that defense is not enough without an attorney.  Our job is to prove your innocence in court or create enough reasonable doubt that a jury would have difficulty convicting you.  To get help, call our office right away.