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New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • 25 Aug, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • 26 Jul, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • 21 Nov, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.

Medical Marijuana Defense

California has approved the medical use of marijuana, but still tightly regulates the industry. If a patient or dispensary does not strictly comply with the regulations, they may face criminal drug charges. Depending on the circumstances, those could include possession or distribution.


To comply with the law, a patient must have a medical need and a doctor’s approval. A dispensary may only sell to medical patients and may not provide more than an amount that is reasonably related to a patient’s needs. Dispensaries must also operate on a non-profit basis.


Although medical marijuana is legal, patients and dispensaries face strict scrutiny from law enforcement. With laws based on reasonableness instead of black and white standards, unjust arrests are common. If you’re accused of a crime related to medical marijuana, you have the same presumption of innocence as with any other charge. The state has the burden of proving that you didn’t really have a medical need or were carrying an unreasonable quantity. Otherwise, the charges must be dropped.


To get help with criminal charges related to your medical use of marijuana in Shasta, Trinity, Tehama, Siskiyou, or Butte Counties, contact Ryan Birss today.

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