In California, the atmosphere surrounding marijuana’s legal classification is sometimes difficult to understand and innocent people can often find themselves on the wrong side of the law. Recently, a man in San Diego, who was operating a marijuana delivery service provided marijuana to an undercover officer without asking for a recommendation. This led to a search warrant being executed at the man’s residence when his wife and two small children were at home.
After knocking down their door, the police found a small amount of dried cannabis and a few marijuana plants around the residence. While the adults were both charged with various marijuana crimes, including participating in a drug enterprise and maintaining a place where drugs are sold, they also had to contend with Child Protective Services (CPS) and serious child abuse charges due to having marijuana in close proximity to their children. In addition to facing several felony drug convictions, the husband had the added complication of having a previous strike felony on his record, which not only put his freedom in jeopardy but also significantly hurt the couple’s ability to negotiate for a positive outcome.
The wife was represented by San Diego criminal defense and marijuana attorney Jessica McElfresh, who prepared her client’s defense by first impugning the child abuse accusations with overwhelming evidence and expert testimony, showing that not only were the children well-provided for, but the marijuana in question was not a danger. Once the child abuse allegations were effectively dispelled, attorney McElfresh began vigorous negotiations to find the best possible result for her client that also balanced the husband’s goal of avoiding prison. Ultimately, attorney McElfresh utilized her extensive experience with complex marijuana cases in California and achieved an arraignment where her client agreed to plead guilty to possession with intent to sell marijuana. However, if she has no new charges and completes a year of probation, she can return to court and have the entire case dismissed with no conviction appearing on her record.
By obtaining a skilled criminal defense lawyer with substantial knowledge in marijuana law to argue on her behalf, this woman was able to put her husband in the best possible position for his case and achieved a result that allowed her to move on without significant harm.
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.