Criminal Defense

Criminal Defense

Defense From a Certified Criminal Law Specialist

If you have been charged with a misdemeanor or felony, you have the right to enlist a criminal defense lawyer to help you avoid jail, fines and all other negative impacts that a conviction could have on your life.

My name is J. David Markham, and I am not just a criminal defense attorney. I am a certified criminal law specialist by the State Bar of California, Board of Legal Specialization. This is a hard-earned distinction, ensuring that you will be hiring an attorney who has proven his proficiency in the area of criminal law.

My Approach: From Straightforward to Creative

In many ways, my approach to criminal defense is straightforward. When you come to me, I take the time to educate you about the situation, including the unique details of the charge against you. I will tell you about your options and how I defend criminal cases. We will work together to determine the path to follow, and then we will move forward to get you through this.

Depending on the nature of your case, my approach may have to be less straightforward. The most common path may not be the most appropriate path. I take pride in getting creative, looking for loopholes and coming up with one-of-a-kind strategies to overcome new and unique obstacles that come up along the way.

Before you make your decision about enlisting me, I encourage you to review the 10 questions to ask when hiring a defense attorney.

Defense Against Major Crimes

Criminal Defense

Working out of my office in Lakeport, I serve people in that community, as well as Clearlake and the surrounding parts of Lake and Mendocino counties. My focus is on defending against major crimes and addressing serious criminal matters, including:

  • Drug charges including those related to medical marijuana and meth possession/sales
    Violent crimes involving domestic disputes or the elderly/vulnerable
  • Domestic violence and criminal threats
  • Sex crimes including rape and child pornography
  • Theft crimes such as burglary and robbery
  • Weapons and firearms
  • DUI charges as well as vehicular manslaughter
  • Illegal search and seizure
  • Clearing your record through expungements and sealing records
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Medical Marijuana

Medical Marijuana

Defense Against Drug Charges Related to Medical Marijuana

Have you been accused with a drug charge because of your need to use medical marijuana? I am attorney J. David Markham, and I can provide defense for people charged under California Health and Safety Codes like:

  • 11357: Possession of marijuana
  • 11358: Cultivation of marijuana
  • 11359: Possession for sale of marijuana
  • 11360: Transportation of marijuana
  • 11379.6: Manufacturing of a controlled substance, such as marijuana hash

Working out of my office in Lakeport, I serve people in that community, as well as Clearlake and the surrounding parts of Lake and Mendocino counties.

How Much is “Too Much” Medical Marijuana?

Police will find what they consider to be a large number of marijuana plants. They will charge the owner of those plants with a crime, saying that it is too much to be for personal medical marijuana use. They don’t understand how much usable marijuana each plant can produce. The truth is that the people who own these plants rarely have as much as they are perceived to have by the police, but that doesn’t stop them from being charged with serious drug crimes.

A similar problem arises even with harvested marijuana. A person may be pulled over by police and found to be in possession of five pounds. The police may consider this amount too much for personal use, and charge the person with possession for sale. In reality, this is simply a matter of perspective. I understand how to defend against these charges, including in cases that involve cooperative and collective medical marijuana growing groups.

Medical Marijuana

Defense Strategies in Medical Marijuana Cases

As a certified criminal law specialist, I know the defenses available to people facing drug charges. I know that trial may be the necessary end to these challenging cases. My trial preparation strategies include enlisting experts, such as medical marijuana expert Chris Conrad, to educate juries about how the drug is used. I build cases on facts.

Of course, not every case needs to go to trial. In many cases, diversion programs are available that can create simple routes through the criminal justice system, routes that do not end with jail or a criminal record. As your lawyer, I will work with you to determine the path that makes the most sense in your case.

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Crimes Against the Elderly

Crimes Against the Elderly

Defense for People Accused of Elder Abuse Crimes

Elder abuse charges can allege both physical abuse and financial abuse. If you have been charged with exploiting the elderly, either through a theft crime or inflicting physical harm, it is time to seek the help of a skilled and experienced Lakeport criminal defense attorney. These charges are often based on the alleged victim’s word against yours. It is not unusual for there to be a simple misunderstanding blown out of proportion.

Working out of my office in Lakeport, I can serve as a Lakeport crimes against the elderly lawyer for people in that community, as well as Clearlake and the surrounding parts of Lake County and Mendocino County. Contact me today for a free initial consultation.

Theft Crimes Against the Elderly

Criminal theft charges against the elderly often stem from an individual managing finances for an elderly person. This can include family and friends. An elderly person may have simply forgotten or misunderstood the actions of someone who is trying to take care of their finances for them. Theft crimes include larceny, grand theft and even embezzlement charges. The criminal penalties are serious and include possible misdemeanor and felony convictions. I will thoroughly analyze all paperwork involved in your case and determine the source of any miscommunications.

Elderly – Physical Abuse Crimes

Healthcare workers and other professionals in charge of the care and well-being of the elderly are sometimes accused of physical abuse. Also referred to as “nursing home abuse” when an elderly person is in an assisted living facility, allegations include neglect, physical abuse, assault and even sexual abuse. I am here to make sure you are properly defended against such serious charges and to dispute the prosecutor’s claim. With a decade of experience, I am more than prepared to represent you aggressively in court.

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