Cultivation and Possession of Marijuana Case Results

Cultivation of Marijuana and Possession of Marijuana for Sale [Multiple Cases]

Mr. Bajaj has extended expertise in the area of Cultivation of Marijuana and Possession of Marijuana for Sale charges. Many times, the protections of Health and Safety Code section 11362.5, commonly known as the Medicinal Marijuana statute can serve to help the defense. There are specific requirements that allow for this defense both to patients and caregivers. While many criminal defense attorneys in San Diego claim to have knowledge in this area, few actually do. Even fewer have gained dismissals of cases based upon aggressive litigation in this area.

In one case, Mr. Bajaj’s client was confronted by law enforcement, who claimed to investigate an anonymous complaint that he was cultivating marijuana and selling marijuana. The officers approached his client’s door and asked to speak with him. His client was fully cooperative, but refused to allow the officers into the house. Instead, he contacted Mr. Bajaj, who provided accurate legal advice, which the client listened to while dealing with the officers. When the officers were told they needed a search warrant, they called a judge of the Superior Court of San Diego. The judge authorized the warrant and Mr. Bajaj’s client was arrested. He was charged with Cultivation of Marijuana and Possession of Marijuana for Sale.

The client hired Mr. Bajaj immediately. Mr. Bajaj assigned an investigator to the case in order to gather photographs of the house and specific areas searched. With an eye toward seeking suppression of all evidence, Mr. Bajaj began litigating aggressively. A Motion to Suppress the Evidence was exhaustively researched and filed with the court. Mr. Bajaj was able to convince all parties that law enforcement overstepped its authority by gaining access to his client’s property illegally. As a consequence, Mr. Bajaj asked for all the evidence to be suppressed and the entire case to be dismissed. Mr. Bajaj’s requests were granted. His client was cleared of all charges.

In another case, Mr. Bajaj’s client was charged with Cultivation of Marijuana and Possession of Marijuana for Sale when officers entered his house while investigating a burglary. A large amount of cash was found as were scales, baggies, pay and owe sheets, and other evidence of sales. His client held a valid Proposition 215 (Medicinal Marijuana) card and was a Designated Caregiver as well. Nevertheless, he was charged with both felonies and was forced to defend himself.

Mr. Bajaj demanded a misdemeanor and the prosecutor agreed. However, Mr. Bajaj was still not satisfied. He pushed the case to a Preliminary Hearing and convinced the judge to dismiss the Cultivation of Marijuana charge, based entirely on a correct reading of the Medicinal Marijuana statute. The Possession of Marijuana for Sale charge remained and Mr. Bajaj refused to negotiate. He aggressively prepared for a jury trial. He filed a Motion to Dismiss the charge. The court was convinced and dropped the remaining felony. The entire case was dismissed and Mr. Bajaj’s client was cleared of all charges.

Many attorneys claim to know the area of Cultivation of Marijuana and Possession of Marijuana for sale and the defenses the Medicinal Marijuana statutes can provide. Mr. Bajaj has proved his knowledge with actual results, a claim few attorneys can make.

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