A current Barrister Tenant at Encino’s City National Bank Building has been published in the May 2011 San Fernando Valley Bar Association Magazine, Valley Lawyer. His article, “Marijuana Possession and the Law: What Attorneys Need to Know” covers recent changes to California state law on marijuana possession.
Fogelman’s article discusses the new law and how lawyers can best represent their clients charged with a marijuana infraction. The article begins by explaining that the new law of possession for less than an ounce marijuana is now an infraction, not a misdemeanor. Fogelman cites recommendations when representing a client and the best way to review a case in certain circumstances. The article also explains that given the fact that a person is charged with an infraction rather than misdemeanor, the person charged is “. . . not entitled to a trial by jury, nor is one entitled to have the public defender, or other counsel appointed at public expense . . . However one does have the right to retain an attorney at his expense.” As Fogelman states in his article, “The Health and Safety Code, related Penal Code, and related Vehicle Code provisions regarding personal possession of marijuana, as well as an additional layer of code sections relating to the law regarding personal possession of marijuana for medical purposes, can be a maze to understand.”
The Law Offices of Gerald L. Fogelman handles all State, County and City criminal defense matters in the State of California. Mr. Fogelman is the founding member of his law firm. He regularly appears in Los Angeles County, Ventura County, and Orange County and has traveled to other counties in the State when retained to do so. Mr. Fogelman represents the accused in defense of every type of criminal offense, whether the client is an adult or juvenile, whether felony or misdemeanor. Gerald L. Fogelman is a former Deputy District Attorney who has practiced criminal defense since 1978, representing both adults and juveniles.
