San Diego criminal defense attorney Jessica McElfresh recently took on a case that involved a young man in need of addressing an outstanding warrant from his past. Years earlier, the man was accused of selling marijuana out of his house in Los Angeles. His home was searched by police, materials were confiscated, and he was charged with felony cultivation and intent to sell marijuana. The man was questioned and according to the police they issued a citation to appear in court; however, he states that he did not receive anything and thought the issue was over.
A few years went by without incident, but when he attempted to travel abroad he discovered that he could not obtain a passport because a warrant had been issued for failing to appear for his marijuana case. After he learned about the warrant, he contacted attorney Jessica McElfresh for legal advice. After speaking with him, attorney McElfresh advised him that he would be unable to acquire a passport and the outstanding warrant will continue to cause legal problems until it is addressed.
More time passed, until he was pulled over for speeding and the police instructed him to make sure the warrant is handled quickly. He again reached out to Jessica McElfresh for representation with these issues in Los Angeles. When they began negotiations, the district attorney’s office originally wanted the young man to plead guilty to the felony marijuana charges and receive 180 days in jail and 90 days of community service. It was apparent their case included evidence from statements and text messages made by the client as well as a controlled buy from a confidential informant. Noticing the oddity of having a confidential informant in this type of case, attorney McElfresh planned on filing a motion to unseal the informant. However, this motion became unnecessary when strategic negotiations resulted in a misdemeanor plea agreement to a lesser misdemeanor charge of concentrated cannabis possession, which included 45 days of community service, but no jail time. In the end, the years old case involving felony cultivation charges, incriminating communications, and evidence from a controlled buy was effectively mitigated within three court appearances, and the client was finally free from any further legal burden.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.