Trusted Criminal Defense Attorneys In Southern California
I agree to receive promotional content and notifications from Manshoory Law Group through email or text message. For further details, kindly refer to our Privacy Policy.
Cannabis cultivation is illegal in California. There are a lot of people doing drug cultivation, but most of them are legally allowed to do so.
Many of you are probably wondering why the law favors a few individuals while they are punishing other people for marijuana cultivation. Marijuana can be considered as a type of drug and it can be used as a medication for certain diseases like AIDS, cancer, seizures, and more.
Cannabis cultivation laws in California are very strict and if you are found guilty, you might face jail time and a fine. If you are thinking about cannabis cultivation, here are a few things that you should know about the laws in California.
What Is Cannabis Cultivation?
Marijuana cultivation is more or less the growing of marijuana. In most places around the globe, growing marijuana is illegal. However, in some parts of the United States, you are given a cannabis cultivation license to legally grow cannabis.
Can you Legally Grow Marijuana in California?
California is loosening up its restrictions when it comes to cannabis cultivation. Although growing cannabis is still a serious offense, there are several ways in which you will be allowed to grow marijuana without breaking any laws.
In the past, you can only grow marijuana for medical purposes, but under Proposition 64, people living in California can now grow cannabis for recreational purposes.
Cannabis Cultivation Laws in California
Under Proposition 64, drug cultivation for recreational use is legal, but there are restrictions on who can grow the plant and the amount he/she can cultivate.
It will only be legal if both of the following statements are true:
The marijuana cultivator is 21 years or older
He/she cultivates no more than six cannabis plants.
Aside from these two, there are certain restrictions placed to make sure that they won’t go overboard. The cultivator needs to follow local ordinances placed by the city and they can only grow up to six plants in a single residence.
It means that even if you are living with your partner in a private residence, you can only grow up to six plants. In general, you can only grow weed indoors or within your private property. You can only do so in a locked space or in any area that is not visible to the public.
Penalties for Illegally Cultivating Cannabis
For marijuana cultivation, penalties for growing weed illegally can be divided into three:
Infraction: You will be given an infraction if you are between 18 to 20 years old and you are growing weed in your house. It is punishable by a fine of $100.
Misdemeanor: You will be charged with a misdemeanor if you are 21 years or older and you are growing more than six plants. You might be put into custody in the county jail for up to six months or receive a fine of up to $500.
Felony:You will be charged with a felony when you are cultivating more than six plants and you are guilty of one of the following:
Violated environmental laws on cultivating marijuana
The penalty for a felony is up to three years in jail and a fine of $10,000. There is also a marijuana law on possession and sale. You are only allowed to possess up to one ounce of dried marijuana or eight grams of concentrated cannabis.
You need a cannabis cultivation license if you want to be a seller of marijuana. It means that it is illegal to sell weed if you don’t have a license to do it. You are only allowed to grow your weed, but you are not allowed to sell it. You cannot give it to minors as well.
Growing and using marijuana for recreational purposes has become legal in some states, but they are still regulating it to make sure that the users won’t get too addicted. If you are penalized for growing marijuana, you can always get the best criminal lawyers in Los Angeles that would represent you in court.These professionals can also help you understand what you need to know to grow marijuana legally in your area.
What are the Defenses of the Unlawful Cultivation of Cannabis?
The following defenses are available to individuals charged with cultivating greater than six cannabis plants:
The cannabis belonged to another individual;
The defendant was not aware that the cannabis was where it was found;
The defendant was not aware that the cannabis was, in fact, cannabis;
The defendant is a licensed medical cannabis user whose medical needs require him/her to cultivate more marijuana than California law otherwise allows; or
The cannabis was found as a result of an illegal search.
Speak to a Criminal Defense Attorney
If you have been charged with unlawful cultivation of cannabis, and you believe you are within one or more of the above-listed exemptions, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible.
The attorneys at Manshoory Law Group, APC have extensive knowledge of and experience in the ever-changing area of drug law, and we will ensure that you are provided with an effective and aggressive defense so that you have the best possible opportunity at defending the charges asserted against you.
Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
Getting arrested or even stopped by the police can be extremely stressful and a difficult situation for people to handle. Ensuring that you don’t end up doing something silly and that you can stay calm throughout, is the best way to approach things. So, what are your rights when you get arrested?
You will have seen it in films, people getting rights read when arrested, but do these actually represent the under arrest rights of a normal American citizen? What happens when you are arrested? When can police arrest you and what sort of constitutional protections exist to ensure you can’t be the victim of someone wrongly assuming you have committed a crime.
Can Police Arrest You For No Reason?
Fortunately for those who are concerned about your rights when arrested and whether police might just want to pick on you for no reason, there are some rules that protect you. Your rights state that you cannot be arrested for no reason.
So, when can the police arrest you? The police will either need a warrant, which has been approved by a state court, or they will need what is called “probable cause”. This is a big part of your under arrest rights. Probable cause is when the officer has a reasonable basis to consider a criminal activity that has taken place and that you are culpable. If you are arrested without probable cause then a false imprisonment lawyer can help you to get justice.
What Does Police Say When They Arrest You?
You will have your rights read when arrested. This is the speech we all know from the movies, but it is real and constitutionally required.
State-by-state, you might hear a slightly different warning when you are read your rights when arrested, but normally, the script is something like this:
“You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.”
This is a brief overview of your rights. It gives you an indication of what you are able to do, for instance, the right to remain silent means that you don’t have to tell an officer what you are doing or where you are going. You are also entitled to a criminal defense attorney. There are some other protections in place for people when they are arrested.
You have the right to an attorney throughout. A false imprisonment lawyer might be the best option for you in this scenario but even if you can’t afford a lawyer, the state will assign one to you as this helps ensure a fair trial.
Unless you are at a border or in an airport, you don’t have to comment on any questions on whether you are a citizen of the USA or where you were born. Police officers should not ask you this.
There have been some incredibly high-profile cases of rights not being observed by police officers, so what should you do if you have any indication you’re under arrest rights have been violated and that you might have a case? Besides getting a great false imprisonment lawyer, there are things you can do yourself.
Make sure that you make a note of any information you can remember or get hold of such as the numbers of any patrol cars involved and the officer’s badges. If you can get witnesses to provide contact details, do so.
Take photos of any injuries and also get medical help straight away so that injuries are seen too, but also a third-party professional see your injuries.
From here, you can file a written complaint and seek the advice of an attorney.
Unfortunately, there are still instances of police officers not abiding by the rules which are set out to protect US citizens. If you fall victim to an officer not respecting your rights when arrested then you may have a legal case to file against the police. You have protection in the constitution to ensure that you are fairly treated through any legal proceedings.
Technology has changed almost every aspect of modern life, and criminal justice is no exception. It takes a long time for technology in criminal justice to get approved, but we fully expect technology and crime to continue to become more intertwined.
How Technology is Changing Law Enforcement?
Criminals will continue to use technology to their advantage, and it is important that future technology in criminal justice can do the same.
Whether you are working with an identity theft lawyer or another criminal defense lawyer, expect them to be up on the latest uses of technology and to use it to help you.
Some of the types of technology starting to become more commonly used include facial recognition software and body cameras, as well as drones and, notably, e-discovery software. So, what e-discovery is, and how does it fit into the criminal justice landscape? E-discovery, short for “electronic discovery,” refers to the process of identifying, collecting, and analyzing electronic data for legal investigations and proceedings.. There is some debate on where and when these technologies can be used. For example, the California Search And Seizure Laws state the police cannot use “unreasonable intrusion”.
Even 30 or 40 years ago, the idea of security cameras was relatively new in the world of law enforcement, so it shows how quickly new and future technology in criminal justice can be adopted.
Advantages of New Technologies in Criminal Justice
Why should we embrace these new technologies for our law enforcement? Whether you need a criminal defense attorney in Los Angeles, where technology tends to be cutting edge, or you are based elsewhere in the USA. the advantages of the new technologies are clear to see. Humans can be unreliable and prone to errors, even in the justice system, but if we can put technology to good use these errors should be less frequent.
Take facial recognition, for instance. This technology can help to identify people more reliably than using older methods like police lineups. Security camera footage can be analyzed in new ways. This can lead to more people getting convicted, and people who are wrongfully accused have more chances of proving their innocence. It isn’t always perfect, though, as we explore later in this article.
License plate scanning, drones with the potential to capture photos and videos, and GPS used to track people down, they’re all examples of new technology in criminal justice, and the best thing about the use of technology is the fact that it can potentially provide more evidence.
The sharing of information is another big consideration of what is now available in the world of technology and crime. In years gone by, technology being shared between police forces and crime agencies would have taken a long time and may have been inefficient.
Now, it takes very little time to get details shared on servers and via email, or even to collect video from security camera footage. This all means that more evidence is available to make the right decisions in courts of law, in theory at least.
Wrongfully Accused by an Algorithm
There is a cautionary tale about the use of technology in the criminal justice system. Robert Julian-Borchak Williams’ story is one of facial recognition gone wrong. The algorithm relied on matching images collected with driving licenses, and because of the error in this technology, he was arrested and accused of stealing nearly $4,000 worth of watches from a store in Detroit. The main evidence that was used to arrest him turned out to be completely unreliable.
This story shows how traumatic things can be when people are wrongfully accused of committing a trial, and the fact is that at the moment, technology can be unreliable. There are imperfections. While they might not seem like a big deal, In the case of Robert Julian-Borchak Williams, he claims that the image used to bring him in by the police was not even a close resemblance. Though there are bound to be some problems implementing technology, these extreme examples show how catastrophic issues can be for an individual.
Technology is a huge part of almost everyone’s daily routine and seems to become more a part of everyday life as time goes on. It has become a part of life for every identity theft lawyer or criminal lawyer in the USA and beyond, as the way the police operate has changed, along with the whole criminal justice system.
The overdose death of Los Angeles Angels starting pitcher Tyler Skaggs in 2019 has resulted in one arrest. The former Los Angeles Angels public relations employee, Eric Kay was arrested and brought up on federal drug charges related to the death of Skaggs. Kay allegedly was distributing fentanyl, and he was charged in Texas for his role in Skaggs drug overdose death.
At the time of his death, Skaggs was 27. The Los Angeles Angels were on the road playing the Texas Rangers when, in July of 2019, Skaggs was found dead in a Dallas hotel room. According to a toxicology report, the cause of death was an accidental overdose of a toxic mix of alcohol, fentanyl, and oxycodone. Kay told the DEA that he did give opioids to Skaggs for a long time, many years. He also said that he witnessed Skaggs snort crushed pills the night before his death.
What are the Dangers of Fentanyl?
Fentanyl is an extremely strong painkiller and a synthetic opioid. It can only be legally obtained through a prescription. When an individual has suffered from chronic pain, fentanyl can be a drug that doctors will prescribe if other alternative pain management medicines don’t work. It is also often used for pain a person endures when they are nearing the end of their life.
When fentanyl is obtained illegally, a user may combine it with other substances which can prove not only toxic but fatal. Alcohol is one of the dangerous substances that does not mix well with fentanyl. When combined, nervous system issues can arise such as excessive drowsiness, dizziness, inability to focus, and poor judgment. Lowered blood pressure, struggling to breathe regularly, fainting, coma, and death are all a potential result of combining this drug with alcohol.
There were over 31,000 deaths from the use of synthetic opioids in 2018 according to the Centers for Disease Control and Prevention. These deaths did not even count methadone use. There is no other opioid that has caused such demise in life as that of synthetic opioids. Fentanyl is so strong it can be as much as 100 times more potent than morphine.
When a person is struggling with an overdose of fentanyl, a medical professional will turn to naloxone to help. Because of the increase in opioid deaths across the nation, some states decided to make naloxone more readily available to consumers by not requiring a prescription for it. This allows an individual witnessing an opioid overdose to more readily go to obtain the treatment without fear or resources to do so. It also allows individuals to carry it in case they are with a person vulnerable to overdose.
Have You Been Arrested in Los Angeles and Need Legal Representation?
When you have been charged with a California drug crime, you need the most experienced and knowledgeable legal representation that understands and knows every possible program or class that is available to help you stay out of jail. Shaheen Manshoory and his associates are up-to-date on the law and the available resources that can be utilized to help you get the treatment you need while avoiding a prison sentence. The Los Angeles drug crime defense attorneys at the Manshoory Law Group, APC are laser-focused on criminal defense. We are well-known and respected for our proven track record of success helping those who have been arrested for a crime in California reduce jail time or eliminate it altogether.
The attorneys at the Manshoory Law Group, APC are here to speak with you anytime, day or night, and any day of the week when you need effective California criminal defense. Call the Southern California criminal defense lawyers at the Manshoory Law Group, APC at 877-977-7750 so we can evaluate your case and put together a strong defense strategy on your behalf.
Louie Michaelson: Good afternoon, everybody. This is Louie Michaelson at Business Talk Radio. We have a wonderful lawyer on today from Los Angeles, California. He’s the owner and attorney at Manshoory Law Group, Shaheen Manshoory. How are we doing Shaheen?
Shaheen Manshoory: I’m doing great, thanks for asking. How are you?
Louie: I’m wonderful. All I do is talk to wonderful people all day long, and it’s a wonderful thing.
Shaheen: Must be a good day every day then.
Louie: Every day is a good day. Some days are even better than others, if you can believe it. Well, I really want you to do is tell everybody out there a little bit about yourself, a little bit about what you do, why you do it and how you do it. I see that you’re a child abuse lawyer. How great does that have to be when you win those cases?
Shaheen: Well, whether or not we call it a win is something that many people can agree or disagree on, but it’s good to help people that are in situations in which, otherwise, it would not be able to help themselves so yes, day to day can be pretty rewarding.
Louie: Very good. Absolutely fantastic. Tell everybody about yourself.
Shaheen: Of course. I am strictly a criminal defense attorney. I’ve been practicing criminal defense law and laws. I’m coming up to my sixth year now. I do have my own practice. Criminal defense is the only area of law I have ever handled, so it is something that I’d like to say that I’m well-versed in. I started practicing law in Los Angeles County. I have moved to some of the surrounding counties like Orange County and San Bernardino County after I’ve been able to grow my practice, so practicing criminal defense, so far, has been the only thing that we’ve done in my office.
Our day today is focused on that and that’s helped us build whether it’s relationships with prosecutors and the judges, but also a very strong understanding of criminal cases and how to defend them.
Louie: How are the courts treating you these days?
Shaheen: Well, depending on the county you’re in. Some courts are a lot more flexible than others. I must say that the COVID situation has actually made the criminal section of the court have to update their system. They are much more open to telephonic appearances, whereas before it had to be an actual appearance in court, which actually helps us because we are in court every single day, but with the new changes, it’s actually benefited us by eliminating unnecessary appearances and using technology to advance our cases through the system.
Louie: Very good. What it’s doing is it’s saving everybody a lot of time and money?
Shaheen: It’s saving everyone a lot of time, it’s reducing unnecessary costs of travel, which then in and of itself saves a lot of time, and saving time is equating to saving money so yes, definitely, that saves money.
Louie: I think that’s going to be the new norm. I don’t think it’s ever going to go back to the way it was. Sometimes we’ll have to but I think that this is the way it’s going to be. You’re going to be doing a lot of things on your phone, on your computer. Now they’ll have to come up with new clause for lawyers that has a computer right in their dashboard.
Shaheen: [laughs] I think [unintelligible 00:04:13] are working on that.
Louie: Yes, I think you’re right. Or they’ll end up being, “Beam me up, Scotty.”
Shaheen: If that were available technology, we would definitely utilize it as well.
Louie: I imagine that we’re not too far away from it with all the crap that’s going on. You’re guaranteed that somebody’s been working on it.
Shaheen: I agree.
Louie: Yes. Very good. What was your most satisfying case?
Shaheen: Most satisfying case I cannot think of, but I was on a attempted murder preliminary hearing last week in which they judged how to make a decision on whether or not to hold my defendant over for trial. It was a four-defendant case. We conducted a two-day preliminary hearing in which officers testified as to what they observed, what information they gathered, basically detailing their investigation. I’m happy to say that upon my arguments to the judge, my defendant was the only defendant that was released on the case because the evidence did not support the charge. I believe, at that time, the prosecutor was overreaching on who they wanted to charge for the incident. My client was facing life in jail and was subsequently released within 24 hours. She now no longer is in the criminal system and is back to her normal daily routine with her family. So that was a pretty happy result, not to take away from the incident that occurred, but I strongly believe that the prosecutor was just charging whoever was at the scene, and I’m happy that the judge saw through that and released our client from the case.
Louie: Very good. Excellent. All right, Shaheen, what I need you to do is give out all your contact information on how to get in touch with you.
Shaheen: Of course, I appreciate it. We are in Los Angeles, so if you’re ever facing any sort of crime or anyone that you know is facing a crime, feel free to give us a call at any time. Our toll-free number is 877-977-7750. Again, that’s 877-977-7750. I’d be more than happy to speak with you directly and have my office provide you with a free consultation.
Louie: All right, everybody out there, if you got that number, tattoo it on your hand. This way, if you’re ever in trouble, you ever get arrested, something had happened that shouldn’t have happened, give Shaheen Manshoory a call and he will help you out. He will get you off. No ifs, and, or buts about it. This is Louie Michaelson at Business Talk Radio. We have been talking to the wonderful attorney, Shaheen Manshoory. Be safe, and don’t leave us. We will be right back.
We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about your use of our site with our advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. Agree
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
