It is Better For 100 Guilty Men to Go Free Than One Innocent Man Go To Prison

Wrongful convictions happen all the time.  Recent studies have shown staggering results about the number of people who are wrongfully convicted in the U.S. for all sorts of crimes.  These convictions occur for several reasons.  False or mistaken eyewitness identifications, perjury or false testimony, and a shocking number of cases involving prosecutorial or police misconduct are all attributable to this rampant injustice. 

The attitude of most people is that if someone is charged with a crime they are guilty.  There is such a "Get the bad guy" attitude that there is little concern over sending an innocent person to prison.  We as Americans boast about our freedoms but do we really protect them?  That is what the criminal justice system was designed to do.  Yet how many people want to get out of jury duty?  Juries are the foundation of our system.  Juries decide whether a person goes free or is imprisoned.  My experience is that jurors do not take this responsibility seriously.  They see it as an inconvenience. Forget about justice if a jury has to start deliberations on Friday afternoon!  They would rather vote guilty and go home. Who can be bothered actually deliberating?!

Recent studies have shown 873 faulty convictions.  Out of 416 homicide cases where individuals were exonerated, 64% were attributed, at least in part, to perjury or false accusation.  What is worse, 56% of the exonerations were attributed to  either prosecutorial or police misconduct which included the withholding of evidence favorable to the suspect.

Eyewitness identification is extremely troubling.  There are so many reasons why an eyewitness identification can be unreliable. Yet, juries love that dramatic moment in a trial where the witness points to a defendant and says, "He did it."   The truth is that out of 203 sexual assault cases, 80% involved mistaken eyewitness identification! 80 %! Faulty witness identification was a factor in 81% of the robbery cases in this study! 81% is not a small amount!

We have to get to a point where we all agree that ONE wrongful conviction is too many!

But For the Grace of God

As a criminal defense attorney, the question I am most often asked is, "How can you defend someone when you know they are guilty?" My answer is always the same. "Because but for the grace of god go I."

So many people come from unimaginable circumstances. People have the most tragic family backgrounds and have sufferred things most of us could not comprehend. My clients are often people who had parents were were drug addicts and/or were in prison. My clients have witnessed violence in their own homes which would make your blood turn cold in your veins. My clients have been abused and molested and left behind. My clients all have a story that needs to be heard.

On Thanksgiving I wanted to take a moment to give thanks for the things that allow me to do the work I do. I have been given the great gift of being born into a loving family. I have always been told I could do anything I dreamed of doing. I have had the amazing opportunity, not only to receive a college degree but also a law degree. I have the mental capacity to reach these goals and the ability to do the work that my clients need me to do to defend them. I am thankful for being born in a country that tries to be a democracy and attempts to have a criminal justice system that is fair.

I am grateful to my colleagues on both sides of the table whom I respect and who make me better at what I do every day. I am grateful for the support I receive from the legal community and the judges I stand before. I am grateful for the US Marshalls, the bailiffs, the clerks, the court reporters who come to work every day to play their part in the system.

Most of all, I am grateful to my clients for trusting me to defend them and for allowing me to do what I do...to play my part in the system we call justice.

Give Them Back Their Medicine!

The Feds have recently cracked down on medical marijuana dispensaries by threatening legal action to landlords who lease their property to medical marijuana dispensaries. Medical marijuana users are now hard pressed to find their medicine. Legitimately needy users are being deprived of their ability to use medical marijuana, as allowed by California state law. Andre Briotte who is the U.S. Atttorney in Los Angeles has said that the reason for the crack down is because the system is being exploited by recreational users and entrepreneurs. So because of a few people who exploit the system, people with legitimate need have to suffer.


For years people who are undergoing cancer treatment have relied on medical marijuana to ease their pain and the devastating side effects of chemo therapy. People suffering from chronic pain use medical marijuana instead of resorting to highly addictive pharmaceuticals like vicodin and oxycontin. Medical marijuana is not addictive and has virtually no harmful side effects yet the Federal government simply will not acknowlege this. What is their problem?


The fact that the feds are demanding back taxes from dispensaries says that they want a piece of the action. They want a cut of the proceeds. So legalize it and tax it. It's simple!

A medical marijuana advocacy group out of Oakland filed suit in federal court asking for an injunction against the justice department's crackdown as an unlawful assault on state sovereignty. Court papers state, "While the government is entitled to enforce its criminal laws against marijuana in the states that have decriminalized it for medical marijuana use in an even handed manner, the Tenth amendment forbids it from selectively employing such coercive tactics to commandeer the law-making functions of the state." The suit is asking the court to stop the crackdown and give them back their marijuana! It's like prohibition all over again.

The Feds Aren't the Only Ones Cracking Down on Marijuana Growers

Humboldt and Mendocino Counties are famous for their marijuana cultivation. Most people have always thought that pot growers were immune to prosecution up there. Well, they were wrong. Twelve people were charged in a large scale marijuna cultivation case in Humboldt County this week. The charges are being brought by the DA's office, not the feds! This case will most likely go federal as it involves large quantities of marijuana, money and guns. The individuals charged also allegedly have ties to an international drug ring. Eleven of the twelve charged are foreign nationals which means that if convicted, they will most likely be deported. However, the case is currently a state case being prosecuted by the Humboldt County DA.

One of the defendants claimed that the cultivation operation was in compliance with California medical marijuana laws but local authorities obviously disagreed. The sheriff's department seized 428 pounds of dried marijuana and more than 400 plants. They also found a handgun, evidence of sales and over $40,000 in cash. Evidence of sales or what is also referred to as "indicia of sales" can include scales, packaging materials and "pay-owe sheets" or ledgers of transactions involving sales.

It is possible that this group was targeted because of their possible involvement in an international drug ring although the DA's office would not comment on this. It is also possible that these individuals were targeted because they are not U.S. citizens. Either way, the myth that there is no risk in cultivating and selling marijuana is being busted. The peaceful bubble that was Humboldt County has burst. People are being arrested and it's not just the feds arresting them.

I strongly urge anyone out there who is involved in marijuana cultivation or sales to reconsider your profession. I believe that medical marijuana is extremely beneficial to many people. I believe that marijuana should be legal. But it is not legal yet and until that day comes, anyone involved in cultivation or sales of marijuana could very well be arrested and may face very serious consequences.

In federal court 100 kilos or 200 pounds of marijuana or 100 or more plants regardless of weight carries a 5 year mandatory miminum sentence. 1000 kilos or 2000 pounds or 1000 plants regardless of weight carries a 10 year mandatory mimimum sentence and a maximum life sentence. They're not fooling around!

If you are facing criminal prosecution for marijuana sales or cultivation it is critical that you contact an experienced criminal defense lawyer. Call the Law Office of Diane C. Bass.

Feds Crack Down on California Marijuana Dispensaries

If you have a recommendation for medical marijuana, today is a very sad day. The four US attorneys offices in California have announced their intention to crack down on medical marijuana dispensaries. They have begun to contact landlords who lease space to dispensaries instructing them to evict these tenants within 45 days or face federal criminal charges and forfeiture of the property and any money received from these tenants.

President Obama initially said his administration would not raid these establishments. Earlier this year the US attorneys office circulated a memo stating that they would only go after establishments that sold over 200 kilos (440 pounds) or 1000 plants a year. The US attorneys office will hold a press conference Friday morning to announce their new plan. We are very disappointed Mr. President.

Many attorneys who specialize in medical marijuana law have been advising their clients that as long as they follow the rules set out by the state of California that they will not face criminal prosecution. This is very dangerous advise and obviously, it is wrong! The sale of marijuana has always been illegal under federal law. Anyone who grows, sells or transports large amounts of marijuana faces federal criminal charges.

If you or a loved one are facing federal criminal charges it is critical that you retain the services of an experienced federal criminal defense attorney. Please call The Law Office of Diane C. Bass

Martin Sheen Lobbies Congress to Support Drug Courts

Martin Sheen who played President Bartlet on "The West Wing" lobbied congress this week to support drug court programs. Drug Courts are programs designed to keep non-violent drug offenders out of jail. If someone is charged with being under the influence of a controlled substance or narcotics or possession of a controlled substance or narcotics they can participate in a couple of different programs. Individuals charged with sales of narcotics are not eligible for drug court.

In California there is diversion program for first time drug offenders. If someone is charged with being under the influence or possession they can participate in a 6 month drug class. They then have to stay out of trouble for an additional 12 months and their case will be dismissed. Drug Court is a more complex version of this designed individuals who have aleady gone through a diversion program.

Drug court is designed help drug addicts overcome their addiction and give them tools to stay clean rather than sending them to jail or prison. Our jails and prisons are already far too overcrowded. Drug addicts do not need punishment, they need rehabilitation. Drug court provides that opportunity. Drug court is an intensive program which involves mental health services, supervision by probation, drug testing, group and individual counseling and frequent court appearances. This program can last for up to several years depending on the individual. If a drug court participant uses and has a "dirty" or positive drug test, they are sanctioned and might spend a few days in jail. They are then released and placed back in the program.

Many individuals have successfully completed drug court and they have gone on to lead productive lives. Many have gone on to assist others in their rehabilitation. Sending an addict to jail does not serve anyone. The addict is released from custody and continues to use drugs. The community suffers. If we can rehabilitate drug addicts through drug court programs society will benefit. There will be less crime, less violence, less overcrowding in prisons and more contributing members of society. How can we lose?

If you or a loved one are charged with drug or narcotics offenses you should always be represented by an experienced criminal defense attorney. Contact the Law Office of Diane C. Bass at (949) 494-7011.

Jesse James' Sister Charged in Federal Mail Fraud Case

A Federal Grand Jury has indicted Juliana James England for Mail Fraud. Ms. England is the sister of Sandra Bullock's infamous ex-husband Jesse James. Ms. England was arraigned in Federal Court in Santa Ana, California this week after being arrested at her home in Arkansas. She made her initial appearance in Federal Court in Arkansas where she was released on her own recognizance.

Ms. England allegedly defrauded her former employer, Callan Western Sales in Los Alamitos, California out of approximately $400,000. Ms. England had access to the company's checks, credit cards and online checking account. Ms. England allegedly wrote checks to herself and used the company credit cards without authorization. The fraud was discovered after the business closed due to financial difficulties and the owners received credit card statements with charges unrelated to the business.

Why is she charged with mail fraud you may ask? Because Ms. England allegedly had the credit card statements mailed to a post office box which she specifically opened to hide the transactions from her employer. Any time the mail is used during the commission of a crime involving fraud, it can be charged as mail fraud.

Here's where it gets silly; news articles and press releases, even one by the FBI itself, state that Ms. England is facing 60 years in Federal Prison. Let's get this straight. There is a huge difference between someone's statutory maximum sentence, which may be 60 years in this case, and what they will actually be sentenced to IF convicted. First, we have to pressume that Ms. England is innocent. If the U.S. attorney's office can prove that she is guilty of each element of the offenses for which she is charged beyond a reasonable doubt, or if she enteres a guilty plea, then and only then will she be sentenced. Sentencing in Federal Court is quite complex but basically it is based on a set of guidelines. Under the sentencing guidelines, assuming Ms. England has no prior criminal convictions, and assuming she pleads guilty to the charges, she is facing approximately 21 months in federal prison, of which she will serve around a year and a half.

If I were Ms. England's attorney, after reviewing the evidence and helping her decide how she should proceed with her case I would spend time with Ms. England determining whether there were any mitigating factors to present to the court which might persuade a judge not to send her to prison at all. An experienced federal criminal attorney will know what issues a court would find extraordinary and what factors are important to the court. I have worked with the assistant United States attorney who is handling this case and the Judge who is assigned to this case many times. I have a great deal of respect for both of them. I'm sure they will do the right thing for all of the parties involved in this case.