Los Angeles Marijuana Transportation Case: From Felony to Dismissal
California Health & Safety Code 11360(a): Transportation of Marijuana
Even in California, where marijuana laws have evolved significantly, transporting marijuana without proper authorization remains a serious offense. Under Health & Safety Code Section 11360(a), transporting marijuana for sale or distribution can be charged as a felony, potentially leading to up to four years in prison, along with a lasting felony record. A conviction under H&S 11360(a) not only risks prison time but also creates long-term obstacles to employment, housing, and other personal rights.
When our client faced a felony transportation charge with significant consequences, we knew a strong defense would be essential to minimize these risks. At The Law Offices of Arash Hashemi, we’ve successfully defended complex marijuana-related charges for over 20 years. In this case study, we outline how our detailed approach led to a reduction and ultimate dismissal of our client’s felony charge, providing a clear path forward without the weight of a felony conviction.
Case Summary: Transportation of Marijuana Charge Reduced and Dismissed
Our client initially faced a felony charge under H&S 11360(a) for transporting marijuana, which placed them at risk of a prison sentence and a permanent felony record. The stakes were high, as a conviction under this statute would carry lasting consequences, affecting their career prospects and personal freedoms.
At the preliminary hearing, however, we successfully shifted the case’s trajectory. By examining the evidence and presenting a clear defense, we negotiated a reduction from a felony to a misdemeanor charge for simple possession under H&S 11357(c). Furthermore, the court allowed for the full dismissal of the charge upon the client’s successful completion of a court-ordered drug program. This resolution enabled our client to avoid a felony record and move forward without the severe penalties associated with a transportation conviction.
Key Defense Strategy: Reduction and Dismissal of Transportation of Marijuana Charge
Detailed Review of Evidence and Procedural Accuracy
Our first step was to carefully review the evidence provided by the prosecution, looking for any inconsistencies or procedural errors that could strengthen our client’s defense. This examination covered every element, from the context of the arrest to the specific intent associated with the transportation charge. This comprehensive review often reveals details that can support a reduction of charges, and here it helped provide a foundation to argue against the severity of a felony charge.
Negotiating for Charge Reduction with a Focus on Intent
The next focus was negotiating with the District Attorney’s office to secure a reduction to a misdemeanor charge. By presenting clear arguments regarding the lack of intent to distribute, we highlighted why a simple possession charge under H&S 11357(c) would be more appropriate in this case. This approach allowed us to shift the case away from the more serious transportation charge and avoid the heavy penalties tied to a felony conviction.
Advocating for Dismissal Through Alternative Sentencing
In addition to the reduction, we worked to secure an option that would result in a full dismissal. After demonstrating our client’s eligibility for alternative sentencing, we advocated for a court-ordered drug program in place of a conviction. This option, which allowed for the case to be dismissed upon program completion, was a crucial step in protecting our client’s future by ensuring they could avoid a criminal record.
Outcome: Charge Reduced to Misdemeanor and Dismissed
Through a carefully tailored defense, Attorney Arash Hashemi achieved a highly favorable outcome. The court reduced the initial felony transportation charge to misdemeanor possession under H&S 11357(c), which carried far fewer consequences. Additionally, by completing a court-ordered drug program, our client was able to secure a full dismissal of the charge.
This outcome not only spared our client from the immediate risks of a felony conviction, including prison time, but also allowed them to avoid a permanent mark on their record. By leveraging strategic defense tactics, we were able to protect our client’s rights and open the door for a future free from the limitations of a felony conviction.
Legal Insights on Defending H&S 11360(a) Transportation of Marijuana Charges
In California, Health & Safety Code 11360(a) makes it a felony to transport, import, or distribute marijuana without proper licensing. Even with the state’s evolving marijuana laws, transporting marijuana for sale or distribution remains a serious charge, especially when intent to distribute is involved. The law allows the prosecution to pursue felony charges, depending on the amount of marijuana and circumstances surrounding the transport.
Understanding Transportation of Marijuana (H&S 11360(a))
To secure a conviction under H&S 11360(a), the prosecution must prove:
- The Intent to Transport or Distribute: This means more than simply possessing marijuana. The prosecution must show evidence suggesting the marijuana was intended for distribution or sale.
- Unlawful Nature of the Transportation: Any transportation or movement of marijuana without proper authorization can lead to charges under H&S 11360(a), making even small actions high-risk without the right legal support.
Importance of Charge Reduction in Marijuana-Related Cases
Reducing a felony charge under H&S 11360(a) to a misdemeanor can be critical. A felony conviction carries not only potential prison time but also long-term consequences that affect career prospects, housing options, and personal freedoms. In many cases, an attorney can advocate for alternatives like misdemeanor possession or alternative sentencing, which avoid the harshest penalties and allow for potential dismissal options.
Why Choose The Law Offices of Arash Hashemi for Marijuana-Related Defense
With over 20 years of experience, our firm has a strong record in defending clients facing serious marijuana-related charges, including those under H&S 11360(a). Our approach combines a detailed understanding of California’s marijuana laws with a focus on achieving outcomes that protect our clients’ futures. By examining every aspect of the prosecution’s case, from evidence to procedural details, we work to secure reductions, dismissals, or alternative sentencing options that best serve our clients’ needs.
Our team understands that each case is unique. We craft personalized defense strategies that focus on reducing charges and minimizing long-term consequences. Whether through skillful negotiation, strategic alternative sentencing, or a strong trial defense, we are committed to achieving the best possible results for our clients.
What You Need to Know About Defending Transportation of Marijuana Charges in California
Transportation of marijuana charges under H&S 11360(a) can be complex, especially given California’s evolving marijuana laws. Defending against these charges requires a strategic approach to the evidence, the circumstances surrounding the transportation, and an in-depth understanding of the specific legal requirements under PC 11360(a). This case highlights a few key defense strategies:
- Challenging the Intent to Distribute: In cases involving marijuana transportation, proving intent is central. If the prosecution cannot demonstrate clear intent to distribute or sell, it may be possible to reduce the charge from transportation to simple possession, as was achieved in this case.
- Alternative Sentencing and Programs: For many clients, avoiding a felony conviction is essential to protect future employment, housing, and educational opportunities. In some cases, the defense may secure a court-ordered drug program in place of a conviction, leading to dismissal upon completion. This option was a critical part of the outcome in this case, allowing the client to avoid lasting consequences.
- Evidence Review and Procedural Accuracy: A comprehensive review of the evidence and arrest procedure can uncover weaknesses in the prosecution’s case. Procedural errors, inconsistencies, or lack of proper authorization for the transport can be used to challenge the prosecution’s narrative, opening up possibilities for a dismissal or reduction of charges.
Expert Defense Strategies for Transportation of Marijuana Charges in California
Facing a felony transportation of marijuana charge under H&S 11360(a) can be overwhelming, but our team is here to guide you through every step of the defense process. With over 20 years of experience in handling complex marijuana-related cases, Attorney Hashemi develops personalized defense strategies that focus on minimizing consequences and securing the best possible outcome. Whether the goal is to reduce charges, negotiate alternative sentencing, or pursue a full dismissal, our approach is tailored to meet your unique needs.
If you or a loved one is dealing with marijuana transportation charges, reach out to discuss how we can help protect your rights and future. Together, we’ll explore your options and build a defense strategy that works toward the most favorable outcome.
Take the First Step Toward a Strong Defense – Schedule a Consultation
If you’re facing a transportation of marijuana charge under H&S 11360(a) in Los Angeles, it’s crucial to act quickly to protect your rights and build a solid defense. With over 20 years of experience, Attorney Arash Hashemi and our legal team are here to help. We understand the complexities of marijuana-related charges and are committed to working toward the best possible outcome for your case.
To discuss your options and learn how we can assist with your defense, call our office at immediately or schedule a 15-minute consultation through our secure online system. We proudly serve clients throughout Los Angeles and surrounding areas from our office in the Westside Towers.
Schedule Your Consultation Today
📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.
