Orange County Man Wearing a Bike Helmet Robs Bank

Investigators at the Orange County Sheriff's Department as well as the FBI are investigating a strange robbery that occurred at a U.S. Bank in Lake Forest, Orange County on January 11th. A man wearing a bicycle helmet went inside the bank and held a teller at gunpoint while demanding cash. He handed the teller a note and then took the note back and left the bank. He was not seen getting into a vehicle or, more importantly, on any bicycle.

California Penal Code Section 211 defines robbery as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." The fear may be either that of an unlawful injury to the person or property of the person robbed or of any relative of his or member of his family; OR the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.

Because the U.S. Bank teller was held at gunpoint, he/she was most likely placed in fear of his/her life, thereby constituting a robbery. When no force or fear is involved in the taking of personal property, it is simply a theft, carrying a less serious punishment.

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

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Federal Law does not Allow Marijuana to be Sold or Used for Medical Purposes

As reported by the Associated Press, Deputy Attorney General David Ogden released a policy memo that outlines suggestions for state attorneys regarding prosecution of medical marijuana users and distributors. Federal law does not allow marijuana to be sold or used for medical purposes even though various states do, California among them. The memo suggests that state prosecutors would make better use of their time by not focusing on prosecuting legitimate marijuana patients or the dispensaries in states that have legalized marijuana for medicinal purposes. This memo was also distributed to the higher rungs of the Drug Enforcement Agency and FBI.

This policy does not prohibit federal agents from making arrests nor does it stop prosecutors from filing charges. The memo draws attention to illegal usage and distribution, or marijuana cases connected to other violations such as money laundering or illegally armed people. One reason for the shifting focus is because of the limited resources the federal agencies have. The article quotes Attorney General Eric Holder "[i]t will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana...". It would appear then that medical marijuana users and providers in California will be less likely to face prosecution from federal authorities. (See California Health and Safety Code Section 11357(b)). Criminal Law Updates from the Law Offices of William W. Bruzzo (714) 547-4636