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United States: Prosecution of Cannabis Attorney May Impact Industry
Author: restore 15/06/2017 - 21:14:00

By Michael Bachara 
Hemp News 

In May, California attorney Jessica McElfresh was charged with multiple felonies, including conspiracy to commit a crime, obstructing justice, and manufacturing a controlled substance, by the San Diego County district attorney. 

The 15-page felony complaint, filed by District Attorney Bonnie Dumanis, accuses James Slatic, two of his executives, and McElfresh (Slatic's attorney) of conspiracy and manufacturing a controlled substance, alleging the attorney helped Slatic cover up a cannabis concentrate manufacturing operation. 

“This is clearly a vindictive prosecution arising from the court’s order that they return the seized funds,” said Henry Wykowski, an attorney from San Francisco. “As bad as that is in and of itself, this is clearly calculated to send a chill to the attorneys that defend cannabis businesses, that they can become targets.” 

Defense Attorney Marc Carlos said, "At the outset I would say that it is always very difficult to charge an attorney for legal advice being requested by the client. The attorney must act in the best interests of the client and sometimes that means safeguarding their interests so that they do not incriminate themselves. That being said, the attorney has an ethical duty to act within the ethical cannons of the state bar and applicable laws. An attorney can not actively engage in activities which obstruct justice. Under these circumstances that DA will have to prove that she acted with criminal intent in conspiring to violate the law. This is extremely difficult given the ethical duties of the attorney."

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Original article from crrh.org:United States: Prosecution of Cannabis Attorney May Impact Industry


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