Fight Medical Marijuana Charge With Criminal Defense Attorney Tulsa
With Tulsa criminal defense attorney Stephen Cale, you get aggressive representation to fight your medical marijuana violation charge. But isn’t that what you’d expect when looking for the best criminal defense attorney Tulsa has to offer? For your free initial consultation, call the Cale Law Office at 918-277-4800. Attorney Cale has been practicing for 20 years and dedicates his practice to criminal defense. That’s a huge benefit for his clients. Focus and experience matter when your life is on the line. Attorney Stephen Cale fights hard for his clients because he knows that their life, liberty, future, and reputation are at stake.
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In Colorado case, the defendant appealed the judgment of conviction entered on the jury verdict finding him guilty of attempting to influence a public servant. The contends that the trial court erred in denying his motion to dismiss. At the medical marijuana registry prod statute bars prosecution under general criminal statute. Secondly, he argued that the trial court erred in rejecting a lesser included offense instruction on medical marijuana registry fraud. Thirdly, the trial court erred in attempting to influence a public servant statute is unconstitutional as applied to him. If you are facing charges related to medical marijuana, look for the best criminal defense attorney Tulsa has to offer.
The defendant also had two other arguments. First, he contended that the trial court erred in denying his motion to suppress recording of his interview with police. Secondly, he argued that the trial court erred in admitting expert testimony on medical examinations establishing a physician-patient relationship. The defendant worked as a contract position in a medical marijuana clinic in Loveland. Posing as a patient named Nick, an undercover police detective was examined by the defendant obtained from him a physician certification. It stated that he suffered from a debilitating medical condition and might benefit from the medical use of marijuana.
At trial, the prosecution introduce evidence that the defendants consultation with the undercover officer did not meet the legal requirements for a physician certification recommending medical marijuana. The recording of the consultation that was admitted as evidence and played for the jury, the officer stated that he did not have a medical condition. Instead, he said he just can’t want to get a legitimate with his marijuana use. This person should default the best criminal defense attorney Tulsa has to offer. He said they could put down an ankle he had injured in high school. However he currently did not cause any problems. The defendant examined the officers ankle, he reiterated that he had no pain, tenderness, restriction of movement.
The defendant offered to check the officers back, stating maybe that’s off. After stating that he also respect looked tight on the right side, the fence stated he would put down low back. He did this even though the officer said he had no pain or any issues with his back. At some point in the consultation, the defendant stated that the way he looked at it, the person had a constitutional right to use marijuana. He said that he was just a go to person when it came to using marijuana. Look for the best Criminal Defense Attorney Tulsa has to fight your Medical Marijuana Charge.
Based on this and similar evidence, the prosecution asserted that the statements in the physician certification were not true. He had not had a bona fide physician-patient relationship with the officer. Additionally he did not fully assess the officer’s medical history and his medical condition. Thirdly, he did not diagnose him with a debilitating condition consisting of severe pain in his lower back that may be alleviated by the medical use of marijuana. The prosecution alleged these false statements constituted an attempt to influence a public official at the department.
For aggressive and experienced criminal defense, look for the best criminal defense attorney Tulsa has to offer. For free initial consultation, call the Cale law office at 918-277-4800. Schedule your appointment with attorney Stephen Cale. Attorney Cale has been practicing for 20 years. He dedicates his practice to criminal defense. He is a highly skilled and experienced Tulsa medical marijuana lawyer.
The prosecution said that these false statements were used by means of deceit in violation the state statute. A jury convicted the defendant in the trial court sentenced him to 30 days in jail, plus 3 years of probation. Colorado’s medical marijuana registry fraud statute does not bar prosecution under the attempt to influence a public official statute, according to that states Court of Appeals. The defendant argued that because the legislature prescribed indirect punishment for his conduct in the specific medical marijuana registry fraud statute, was precluded from prosecution for conduct under more general law. He discontents of the trial court erred in denying his pretrial motion to dismiss.
This was an issue of statutory construction. When interpreting a statute, the court of criminal appeals will endeavor to give effect of legislative intent. This is to discern the legislative intent by looking at the statute’s language and giving words and phrases the plain and ordinary meaning. The language is unambiguous and intent appears with reasonable certainty, there’s no need to resort other rules of statutory construction. If you’ve been accused of committing crime with regard to medical marijuana, look for the best criminal defense attorney Tulsa has to offer.
The appeals court met from the trial court’s denial the motion to dismiss on the ground supported by the record. The appeals court concluded that the court did not air in denying defendant’s motion to dismiss. That’s because the legislature’s enactment of the medical marijuana registry fraud statute does not preclude prosecution for the defendant’s conduct under the attempt to influence a public servant statute. Physical transaction may give rise to the violation of more than one criminal statute.