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Thursday, March 25, 2010

Former Westminster Sergeant Guilty Of Domestic Violence

William Arganda, former Westminster police sergeant in Orange County, California, an 18 year veteran with the force, was sentenced to three years informal probation, 100 hours community service and five days of service at the California Department of Transportation. Arganda pleaded guilty to misdemeanor charges of domestic violence and unlawful disclosure of DMV records. He was accused of using the CLETS system (which connects to DMV, state and federal law-enforcement databases) for personal rather than professional reasons. Arganda was said to have used the databases to meet women, look up names and license plates, and keep an eye on his ex-wife and ex-girlfriends. He was eventually fired from the department for doing so. Domestic Violence can be charged as a felony or a misdemeanor under Penal Code Sections 273.5 and 243(e) (1);as misdemeanors both charges carry a maximum punishment of 1 year in the county jail. As felonies both charges carry a maximum of 3 years in state prison. In addition, if a Defendant is found guilty of these charges or pleads guilty he/she must complete a 52-week batterer's course, 8 hours of community service and pay about $800.00 in fines, fees and "donations". A skillful attorney can help you avoid a conviction under this code section and/or custody time depending on your individual facts.

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

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Tuesday, October 20, 2009

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

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