Michael Edward Cindrich's Legal Cases (3)

Criminal defense

84 Plant Marijuana Cultivation Case Dismissed by District Attorney

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OUTCOME: Dismissed

A well fought case with a great result. In this case, client was a 26 year old medical marijuana patient. She and several of her relatives came to gather to establish a medical marijuana collective tha ... t was in full compliance with California law. Police were called to her residence one night by a neighbor as a result of a domestic dispute. When they arrived at the residence, they discovered approximately 84 marijuana plants in different stages of growth. The plants were immediately confiscated, and client later received a letter from the District Attorney’s office stating that marijuana cultivation charges were being filed against her. Though Mr. Cindrich was confident that his client was legally cultivating marijuana under California’s medical marijuana laws, it became apparent that the DA’s office was not so convinced. Mr. Cindrich knew that the DA’s office would have to see strong evidence of the collective before they would be willing to dismiss this case. As a result, Mr. Cindrich was forced to present a comprehensive medical marijuana defense at the preliminary hearing. He drafted a persuasive motion, called several of the collective members to testify, and presented a compelling argument to both the Judge and the DA as to why these charges needed to be dismissed in the interests of justice. After hearing the witnesses, and seeing the defense, the DA’s office ultimately agreed. Within weeks after the preliminary hearing, the DA dismissed the case. Our client could finally return to her life as a law abiding member of society.

Criminal defense

College Student on Probation Found Not Guilty of Marijuana Sales

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OUTCOME: Not Guilty

An incredible victory for our client and for The Law Offices of Michael E. Cindrich. In this case, our client was a college student who was on probation for a non-marijuana offense. Police went to his ... house for a 4th waiver search and discovered approximately 2 ounces of marijuana in different containers, a scale, and approximately $120 in cash. Our client informed the officers that he was a medical marijuana patient, but they wouldn’t even look at his doctor’s recommendation. The officers got a search warrant for the house and discovered that the roommates were in possession of multiple pounds of marijuana, thousands of dollars in cash, packaging materials, pay/owe sheets, and telephones containing text messages related to drug sales. The theory of the prosecution was that this was a drug house, so all members were charged with selling marijuana. Two of the roommates plead guilty to possession of marijuana with intent to sell, but our client would not plead guilty to a crime he did not commit. On the day of trial, the prosecutor informed us that she did not believe she could prove the case beyond a reasonable doubt, and was therefore dismissing the case. She did, however, want to proceed with the probation violation hearing, which only had to be proved by a much lower preponderance of the evidence standard. Needless to say this was an extremely important hearing for our client, a loss would likely put him in jail for 180 days. Michael Cindrich was not going to let this happen. Mr. Cindrich put on a comprehensive medical marijuana defense, calling experts and witnesses to testify, and tearing apart the prosecution’s experts and witnesses on cross examination. Mr. Cindrich also carefully briefed the law as it relates to using marijuana on probation, and established that our client’s activities were lawful. At the end of all evidence, the judge ruled in our favor, and found our client not guilty of all charges and allegations!

Criminal defense

Not Guilty Verdict on Vehicular Manslaughter While Intoxicated Case

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OUTCOME: Not Guilty

Our client was a 62 year old medical marijuana patient with no prior criminal record. Client was driving his vehicle on Zoo Pl. approaching the intersection of Florida Dr. As Client proceeded to make a ... left hand turn onto Florida Dr., he was struck by a motorcyclist driving recklessly and at a high rate of speed. The motorcyclist was thrown from his bike, and seconds later run over by another vehicle. Sadly, the motorcyclist died within minutes. When police arrived on scene, they began questioning the parties involved. The investigating detective smelled marijuana on our client, who openly admitted that he was a medical marijuana patient and that he had recently smoked a small amount of marijuana. Our client immediately became a suspect, and after several hours of questioning and field sobriety tests, he was arrested for Penal Code section 191.5(b), Vehicular Manslaughter with Negligence while Intoxicated. Attorney Michael E. Cindrich was retained and immediately began working on the case. It was clear that though the evidence was weak, the San Diego District Attorney’s office was not going to back down. The jury trial began on a Tuesday and lasted over a week. During the trial, evidence was presented by the driver of the vehicle who ran over the victim that the motorcyclist had been passing cars, weaving in and out of traffic, and traveling approximately 70 mph in a 45 mph zone. Evidence was also presented that our client performed well on some of the field sobriety tests, while performing poorly on others. It was not disputed that our client had recently smoked marijuana, but what was disputed was whether the smoking of marijuana impaired our client for the purpose of driving. Michael E. Cindrich presented a comprehensive defense, calling a toxicologist as a witness, and presenting evidence that the consumption of marijuana alone does not necessarily impair someone for the purposes of driving. Mr. Cindrich also called an accident reconstruction expert to testify regarding causation. After a week of presenting evidence, the case was submitted to the jury for deliberations. Two days later, after living in fear for 6 months, our client finally heard the words he had been waiting for: Not Guilty! The jury had unanimously agreed that there was not enough evidence to conclude that our client was under the influence of marijuana for the purposes of driving. Put another way, they believed that though he had consumed marijuana, our client could still operate his vehicle with the caution and care of an ordinary person acting under similar circumstances. What the jury could not agree on was whether our client was the cause of the accident. On the lesser included offense of Misdemeanor Vehicular Manslaughter, the jury hung 8-4 in favor of Not Guilty. The following week, at a post-trial status conference, Michael E. Cindrich presented a compelling argument for why the lesser included offense should be dismissed in furtherance of justice under Penal Code section 1385. The judge who had sat and listened to all of the evidence at trial ultimately agreed and dismissed the remaining charge. Our client was officially a free man!

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