California Lawmakers Vote To Raise Smoking Age To 21

April 15 2016 in Drug Crimes, Legal Blog

This March, the California legislature passed a slew of anti-tobacco bills. The most prominent of these, by far, included measures that raised the legal smoking age to 21 in California and banning the use of e-cigarettes in movie theaters, restaurants and other places where smoking is typically bann...

Racketeering Cases in California

March 9 2016 in Federal, Felony, Fraud, Legal Blog

In California, when a person conducts certain activities, including bribery, money laundering, prostitution, and extortion, as part of a criminal enterprise, he or she could face a racketeering charge. Penalties for such charges are severe, including years to decades of incarceration and thousands o...

Possession vs. Possession with Intent to Sell

March 3 2016 in Criminal Convictions, Drug Crimes, Felony, Legal Blog

The possession of any controlled substance—apart from those that have a medical use with a valid perception—is a crime in California. A related but more serious crime is the possession of a controlled substance with the intent to sell it. The difference between the two charges hinges on a prosec...

5 Consequences of “Tough on Crime” Measures

March 1 2016 in Criminal Convictions, Felony, Legal Blog, Misdemeanor, Theft

If you’re facing a criminal offense and are seeking representation, contact an experienced San Diego criminal defense attorney at McElfresh Law today. In California, decades of “tough on crime” policies resulted in major overcrowding of state prisons. In response to overwhelming numbers an...

Do I Need a Lawyer if I’m Being Questioned for a Drug Crime in CA?

February 10 2016 in Criminal Convictions, Drug Crimes, Legal Blog

Talking to the police about your potential involvement in a drug crime can be a stressful experience, even if you’re completely innocent. But you can prepare yourself for such encounters by knowing your rights. In the following article, we’ll explain your rights when being questioned by the poli...

What To Do If You Have Been Pulled Over and Charged with a Drug Crime?

January 12 2016 in Criminal Convictions, Drug Crimes, Legal Blog

Drug crimes can take many forms. From possessing, to selling, to trafficking controlled substances, there are many ways that a person can be pulled over and charged. Penalties get worse as quantities of a controlled substance increase and as more and more offenses are added to a criminal record. The...

Medical Marijuana and Probation

December 30 2015 in Federal Marijuana Issues, Legal Blog, Marijuana Charges, Medical Marijuana

In California, medical marijuana patients have a good chance of being able to continue treatment while on parole or probation. In fact, the law states that a prisoner can even request to use marijuana while in jail—but how often these requests are granted is difficult to ascertain. Your ability ...

California Narcotics Investigations

December 14 2015 in Criminal Convictions, Drug Crimes, Federal Marijuana Issues, Legal Blog, Marijuana Charges, Misdemeanor

Law enforcement agencies will usually choose to open narcotics investigations into suspected dealers or distributors—they rarely investigate mere drug use. Since police departments and the Drug Enforcement Agency (DEA) have limited resources, they in most cases investigate people who are suspected...

California Marijuana Possession Laws

December 4 2015 in Drug Crimes, Legal Blog, Marijuana Charges

Governor Schwarzenegger signed Senate Bill 1449 into law on October 1, 2010. The bill was one of several legislative initiatives about marijuana introduced in the wake of the 1996 Compassionate Use Act (CUA), which made the use and cultivation of marijuana for medical purposes legal. Under the CUA...

Civil Asset Forfeiture Policy Needs Reform

November 19 2015 in Asset Forfeiture, Legal Blog

Civil asset forfeiture occurs when the authorities confiscate the property of people whose property may be connected to criminal activity — even if they themselves are never charged with a crime. Intended as a means of draining resources from criminal organizations, civil forfeiture has become a l...

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