Mower Motion for Medical Cannibas
The California Supreme Court in People v. Mower (2008) held that a defendant can move to dismiss an indictment pre trial in a 995 motion (discussed above) on the basis that there was no probable cause to believe that the defendant was not a qualified patient entitled to possess or cultivate marijuana. Defendant must simply raise a reasonable doubt regarding a charge of unlawful possession as to their possession of the drug with a physician’s prescription. In sum, medical marijuana patients should have to present the same evidence with the same burden of proof as patients with prescription drugs. PC 11362.5(d) decriminalized the possession of marijuana for qualified patients pursuant to the Compassionate Use Act. Once a reasonable doubt has been raised that the defendant did not violate that Act, the court can exercise its discretion under 1385 to dismiss the count in the interests of justice. As the medical marijuana defense negates element of unlawful possession, a defendant is only required to raise a reasonable doubt about guilt. This is what is known as an affirmative defense that relates directly to the defendant’s guilt or innocence. Part of this includes a right to present substantial exculpatory evidence by calling its own witnesses at a preliminary hearing.
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Alana Yakovlev lends her legal expertise on a variety of television programs as a Legal Analyst and Commentator. She is frequently sought by print, broadcast and Internet media to discuss the latest issues and trends pertaining to criminal acts. She has been featured on Court TV and NewsMax. She has also been quoted on Fox News as a legal commentator.
Alana was always reachable and if she couldn't answer her assistant was available.They helped my son with compassion and professionalism, and they saw the resolution of the situation to the end,until his file was expunged in order for the incident not to impact my son's future.
Yohevet Katz from Yohevet Katz
2167.68 miles away
I wanted to say thank you to Alana from “walk free law” for dealing with my case. She achieved the best result possible for me, better than I could have hoped. I think she is one of the best lawyers in Los Angeles, she is very professional and trustworthy. I am sure that she will get you through your case and obtain the best result possible.
Alana Yakovlev is an award winning lawyer. You want her to represent you and your case, she is amazing!
very personable,professional,educated lawyer toease your mind Alana was very kind,very understanding of anxiety.Yet super informative and professional at the same time.My case was tricky and coused me agreat deal of stress, but alana was very helpful in soothing my mind and doing her best to get a quick conclusive end to the whole ordeal.I would highly reccommend her and can't thank her enough for changing my life!
Excellent attorney She took care of my cases in a super professional manner.Always answered all my questions kept me well informed and cleared me from all changes.I really really recommend this attorney.She is the best.
july 10 , 2013
My expectations were high to begin with but she exceeded even those Alana went above and beyond in every way.The ideal is to stay out of trouble.But if you can't,she's the phone number to have on hand
january 22, 2015
I had talked to several attorneys before I came across Alana. When I talked to her she was very knowledgeable, comforting and gave me hope. She got me through an extremely difficult time and I was extremely happy with my outcome. I would recommend her anytime. Thank you Alana for all your hard work.
3 years ago
We chose to be represented by Alana after consulting with several lawyers. Strong work ethics and integrity are the most important qualities a lawyer may possess, and where many lawyers lack them, Alana has lots. Alana's dedication to her …More
3 years ago
I would've spent many more days weeks and months, perhaps even years behind bars, for a misunderstanding. Thank God for walk free law
5 months ago
Alana Yakovlev is the best lawyer town. She goes above and beyond to help out those in need.
6 months ago
Alana was very helpful as well as very attentive to my case. She had my interest at heart and gave me very good advise. In the end, Alana, achieved the best outcome for my case. I hole hardly recommend her, she will fight for you.
5 months ago
Positive: Professionalism, Quality, Responsiveness, Value Alana is an amazing lawyer, she is extremely knowledgeable of every aspect of the law and knows how to use it to protect you. She is fierce, and really advocated for me and got me the results I wanted. I would recommend her to anyone, I’m so grateful I found her.
2 months ago
I want to send my heartfelt thanks to Alana and Natalie of Walk Free Law and their staff in taking our case. Not only were they so professional, but also so caring and thoughtful. It was very difficult going over the mental illness facts in my son's case, but they were so compassionate and understanding and allowed me up to date information every step of the way. I was able to discuss options and likely scenarios; I saw how hard they worked on our behalf. I feel that Walk Free Law is probably the best firm in the Los Angeles community and I would from the bottom of my heart, recommend them to anyone who needs representation for themselves or for their loved ones.
5 months ago
I was referred to Alana by a friend when I unfortunately found myself faced with a tough DUI case. She put my mind at ease and explained step by step how I could solve my legal problems. She handled all my questions and concerns thoughtfully and carefully with her thorough legal expertise, and made what was a legal nightmare a little more manageable. I will and have recommended her to friends, and am so happy that I have such an ace lawyer to turn to should I ever need her help. Alana is a true professional through and through and handled my case like a champion! I am proud to have Alana as my lawyer.
Reviewed by: J.M.
My expectations were high to begin with but she exceeded even those. Alana went above and beyond in every way. The ideal is to stay out of trouble. But if you can't, she's the phone number to have on hand!
Reviewed by: V.G.
From the moment I talked to her on the phone, I understood that Alana was on my side. She cared for my well-being. It took her a lot of effort to clear up the mess created by my public defender. The most important thing is she believed in me until the very end. Thank you Alana for your dedication and amazing results.
Reviewed by: T.B.
Ms. Yakovlev successfully petitioned for my certificate of rehabilitation and I am no relieved of the obligation to register. I cannot praise her enough for her efforts to secure my relief. She was always eminently professional, compassionate, and available by phone and email. She treated me like she was indeed my advocate, and believed in the justice of my case. I could not have done better in search of a competent, sympathetic counsel.
Reviewed by: C.C.
Alana was very kind, very understanding of my anxiety, yet super informative and professional at the same time. My case was tricky and caused me a great deal of stress, but Alana was very helpful in soothing my mind and doing her best to get a quick conclusive end to the whole ordeal. I would highly recommend her and can't thank her enough for changing my life!
Reviewed by: K.T.
She took care of my cases in a super professional manner. Always answered all my questions kept me well informed and cleared me from all charges.. I really really recommend this attorney. She is the best.
Reviewed by: M. S
I was in custody for almost 3 years due to a bad deal with a public defender who did not care, when Alana was able to get me out by filing a petition for writ of noram cobis. They resentenced me to rehab. Alana thank you for giving me my freedom. You believed in me when no one else did. Thank you for making miracles happen.
Reviewed by: M.F.
Attorney Alana Yakovlev represented our family in mental health court 95A. The purpose of her representation was to guide our family during the hearing of my brother. Since my brother is represented by a public defender it is most frustrating and almost impossible to communicate with his public defender or any other court officials (due to HIPPA). Mrs Yakovlev was incredibly efficient and effective in communicating with the court and all the officials involved in my brothers case. Her attention to details and persistence to achieve justice for my mentally ill brother was par excellent. I would highly recommend the ethical, moral and excellent legal service provided by Mrs Yakovlev.
Reviewed by: J.R.