Archive for the ‘Los Angeles Drug Attorney’ Category

LOS ANGELES DISTRICT ATTORNEYS OFFICE CHARGES JACKSON PHYSICIAN WITH INVOLUNTARY MANSLAUGHTER

Tuesday, February 9th, 2010

The Los Angeles District Attorney charged Dr Murray with involuntary manslaughter.  He now faces up to four years in jail if convicted.  The California Penal Code defines Manslaughter as the unlawful killing of a human being without malice.  Involuntary manslaughter is defined as a killing “in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.”  Apparently, Dr. Murray administered a powerful sedative to Jackson in an effort to help him sleep.  Dr. Murray was allowed to surrender himself at court in Los Angeles without being handcuffed.  As he walked into court he was jeered by fans of the singer who hoisted banners including “Justice for Michael.”  Jacksons parents Joe and Katherine, and siblings Tito, LaToya and Jermaine also arrived at court. Asked if he was the happy with the charge, Jermaine Jackson said: “It’s not enough.”

The California Jury Instructions (CALCRIM 581) define the crime of voluntary manslaughter as follows:
To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant (committed a crime that posed a high risk of death or great bodily injury because of the way in which it was committed/ [or] committed a lawful act, but acted with criminal negligence);AND

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Shouldnt the Threat of Arrest and Prosecution Be Enough to Insure That Medical Marijuana Dispensaries Operate Legally?

Wednesday, October 21st, 2009

California Health and Safety Code section § 11362.5
(Compassionate Use Act) permits the use of marijuana for medical
reasons. Under the Act, no physician in California shall be punished, denied any right or privilege, for recommending marijuana to a patient medical purposes. Also, the laws dealing with the possession of
marijuana, do not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of physician.

However, even doctors, patients, and caregivers can still be arrested and criminally prosecuted for possessing marijuana. The California courts have held that a defendant charged with a marijuana crime must raise reasonable doubt regarding the compassionate use defense. So a person can still be arrested and criminally prosecuted for possession and/or transportation of marijuana.

Shouldn’t the threat of arrest and prosecution be enough to insure
that dispensaries operate legally?

By: Fay Arfa, Los Angeles Criminal Defense Attorney