California Criminal Defense Attorney Blog

A recent string of served search warrants in four Orange County cities led authorities to seizing nearly $200,000 worth of marijuana and arresting five on drug charges in Newport Beach, among other cities.

California is in a unique situation because it is one of 16 states nationwide that have legalized marijuana for medical purposes. And while conflicts abound with federal drug laws, local law enforcement must be aware that many people can legally possession, grow and distribute marijuana in this state. Despite that, law enforcement officials continue trying to make arrests first and decipher what is legal and what is illegal marijuana.

That's part of the reason why our Newport Beach criminal defense lawyers are often suspicious of marijuana arrests. But we also recognize that these charges can lead to serious criminal penalties and, in some cases, years in prison.

In this case, according to the Lake Forest Patch, authorities issues several warrants over a week-long period after more than a month of investigating alleged drug dealers. Newport Beach detectives conducted the search warrants there and in Laguna Niguel, Lake Forest and Huntington Beach.

Police reported that they found 37 pounds of high-grade marijuana that has a street value of about $200,000 as well as 300 marijuana plants and $24,000 in cash.

Authorities say that evidence they found in a Lake Forest home led Newport Beach detectives to a commercial building there, where police say they found an elaborate set up for growing marijuana.

Five people -- ages 24 to 61, were arrested and charged with various drug charges. Among the charges are sale of marijuana, sale of marijuana and cultivation of marijuana.

What the article doesn't state is how the five co-defendants are connected and what specific evidence led them from one residence to another or how police were able to justify their search warrants in different cities.

When police make arrests of multiple people, it can sometimes be a challenge for them to put all the pieces together. Sometimes, co-defendants don't know each other, so it can be tough to prove some type of conspiracy was in place. Other times, prosecutors must use these co-defendants as witnesses, which brings up issues of credibility.

This happens after prosecutors are able to strike a plea deal in exchange for their testimony. Once enemies of the state, they are now buddy-buddy with prosecutors as long as they say on the stand what the state wants to hear. This is dangerous because the witness is put at risk of lying to benefit themselves.

If they don't say exactly what they told prosecutors they would, they may have their plea agreement invalidated. This means that the co-defendants who are pitted against them may have a witness in their case not telling the 100 percent truth. An experienced Newport Beach criminal defense attorney will be able to spot these inconsistent statements and hold their feet to the fire.

Continue reading "More than $200,000 in Marijuana Found in Orange County Drug Bust" »

Local and federal law enforcement agencies recently arrested 14 people in connection with an alleged drug trafficking ring operating out of Whittier and Mexico, the San Gabriel Valley Tribune reports.

Drug crimes in Fullerton and throughout Orange County can be major and can have long-term implications. It is estimated that as many as 30 percent of people locked up in California prisons are there because of drug offenses.

Our Fullerton criminal defense lawyers understand the possible penalties -- prison time, probation, fines and fees, loss of liberty, loss of job, reputation in the community and other sanctions.

There are pages of laws on the books about drug crimes, which can range from simple possession to manufacture, sale and trafficking. The penalties can be increased based on the type of drug, the weight or amount of the drug and where it's being sold or if children are around when it's found. The state is empowered to charge a person with many forms of the crime, which puts them in a good position.

But, at the same time, the state has the burden of proving the charges beyond all reasonable doubt. A defendant doesn't have an obligation to testify or present evidence, though sometimes that can be advantageous. It depends on the case.

According to the news report, authorities found 75 pounds of methamphetamine, 100 kilograms of cocaine and $1.1 million in cash during a recent investigation. During a more recent raid, officers found 10 pounds of meth and a gun.

Authorities suspect that a trio of Whittier brothers is involved. Last month, 44 people were indicted on charges of conspiring to distribute cocaine and methamphetamine. Authorities say this is the third time this particular family has been investigated for drug crimes. Since 2006, agents have seized more than 225 pounds of methamphetamine, 400 kilograms in cocaine and $4.6 million in cash in operations allegedly involving this group.

Along with family members, four others were charged with distributing drugs and collecting money on behalf of the family. Five others, including two from Santa Ana, were charged with selling meth. Another man was charged with transporting methamphetamine from Mexico between Los Angeles and Phoenix and another was charged with conspiring to distribute and possess drugs.

Regardless of the press releases law enforcement puts out initially, these defendants, along with all defendants, are innocent until proven guilty. Police can attempt to show the public they have all kinds of evidence against a defendant, but until it gets to court, it's all conjecture.

In many cases, overzealous officers seize evidence in Fullerton drug cases that can't be used because they didn't follow procedures. They rely on informants, whose credibility is shaky, as key witnesses when they have little else to rely upon. Even if a case seems open and shut, it rarely is. That's why we have trials. Everyone deserves a fair one.

Continue reading "Whittier Drug Case Leads to 14 Arrests, Including 2 From Santa Ana" »

A recent case out of Georgia highlights the responsibility police have to uphold suspects' rights, even when detectives are in the midst of pursuing a drug investigation.

Drug cases in Fullerton and elsewhere in Southern California can lead to serious criminal penalties, which can escalate depending on the amount of drug alleged, whether it is being purchase, sold or manufactured and where it is being sold.

An experienced Newport Beach criminal defense lawyer will be prepared to defend a client facing drug charges or any related charges they may encounter, such as gun possession, which is a common partner charge that police lay out to defendants.

One common issue in drug cases is that police tend to be overzealous when pursuing these criminals. The "War on Drugs" has spanned decades and yet drugs are still in high demand. Therefore, law enforcement tend to get excited when they have a lead and sometimes they pursue it without following the law.

That excitement can turn into a violation of rights quickly if they don't respect the rules of search warrants. The Fourth Amendment gives everyone in the United States a right not to be unlawfully searched. This means police can't simply break into your house and start searching your property without justification.

A search warrant must be signed by a judge after police present enough evidence to convince the judge to let them break into a person's house, vehicle or business and search for clues. If they break in without a warrant, it can lead to evidence being suppressed, which means it won't be used at trial.

In some situations, police can use a "warrantless entry," meaning they can break in if they have reason to believe there is illegal activity going on inside. In the case of Kentucky v. King earlier this year, police broke into the wrong apartment after following a person involved in a drug deal.

In Boykins v. State, a Georgia case, a man pulled up to a woman standing on the street of a "high crime" area. When an officer spotted this, he turned around and followed the man to an apartment complex, where he pulled into a parking space. Suspecting prostitution, the officer pulled up to the man's parked car and asked for identification. The man said it was in his apartment, but gave him his name and birthday, which showed he had a warrant out for his arrest.

After handcuffing him and giving him to another officer, the initial officer searched his car and found cocaine. He was charged with possession of cocaine and sentenced to four years in prison. He appealed the ruling of his motion to suppress being denied.

The Georgia Supreme Court reversed the conviction, ruling that the state failed to show that it was a "dangerous" or "rare" situation that required a warrantless search.

Continue reading "Police Must Abide By the Law By Getting Warrants For Fullerton Drug Cases, Boykins v. State Says" »

A recent article by the CoronaDelMar Patch states that detectives say heroin use and sales are on the upswing in Newport Beach, a disturbing trend for police.

Drug crimes in Orange County are always serious charges to pick up because lawmakers have been adamant about increasing the penalties to serve as a deterrent to future users, buyers and sellers.

Sadly, these crimes of drug possession and sometimes sale tend to affect juveniles in Santa Ana and throughout Orange County. This can be dangerous because it can lead to disqualification from college, scholarships, jobs and the military. A conviction for a young person can lead to much more than possible jail time. It can mean a ruined future.

Fighting drug charge must be a priority. And it must be done by an experienced and dedicated Santa Ana criminal defense attorney who can use the years of experience handling similar cases to fight the evidence and the facts prosecutors intend to use at trial.

According to the California Health and Safety Code 11350, a person must be sent to prison if they are convicted of an offense involving heroin or other controlled substance. They can be sentenced to fines and fees, community service, probation and other penalties as well.

In Newport Beach, the numbers are a bit staggering. In the last three months, police say they have made 13 heroin sales arrests, 19 heroin possession arrests and 18 arrests for possession of narcotic prescription pills.

Most of the suspects are in their early 20s or late teens, with some as young as 17. Detectives tell the newspaper they are most concerned about the age of the suspects, with many saying they were introduced to the heavy drug at parties.

The most common form of the drug is black tar heroin, which is made in Latin America. Mexican drug cartels are blamed for moving the drug into the country, while Hispanic street gangs distribute the drugs once it hits the Southern California.

Burned aluminum foil, burned pen tubes or straws, hypodermic syringes, burned spoons and torn plastic with a brown tar-like residue are tell-tale signs that someone has been using, police say.

It is important that our young people not get caught up in the dangerous and addictive world of using, buying and selling drugs. While an experienced Santa Ana criminal defense attorney can pull out all the stops in attempting to reduce the sentence or outright beat the charges, parents must take an active role in helping their teens.

Drug charges in Orange County often come with gun charges, as people dealing drugs tend to feel the need to have protection at all times. This can lead to additional charges and stiffer penalties. An attorney will always work to reduce the charges against a defendant or possibly get a not guilty verdict if the facts present themselves. But it's important for defendants to learn from an arrest and attempt to change their lifestyle so they don't make a habit of going to court. This is especially true for juveniles.

Continue reading "Heroin Arrests Increase in Newport Beach, Which Alarms Police" »

According to an article by Jasmine Tyler, published on the Huffington Post, United State’s House of Representatives has just passed legislation meant to address the current disparity that exists in federal sentencing guidelines wherein people found in possession of crack cocaine are sentenced to a much longer sentence than those in possession of powder cocaine. U.S. Senate passed a similar bill in March, and now President Obama can turn this piece of legislation into law.

According to the article, and the research conducted by cocaine sale and transportation attorneys of Criminal Defense team, as the law stands now a person with just five grams if crack cocaine could receive a mandatory sentence of up to five years in prison. This while someone possessing powder cocaine would have to possess over 500 grams of the substance to receive a similar sentence. The law addresses the disparity of sentences for crimes involving sale of crack as opposed to powder cocaine and eliminates the mandatory minimum sentence for simple possession of five grams of cocaine. Origins of these rather draconian laws are traced back to 1970s and 1980s when many lawmakers believed that crack cocaine was more dangerous and addictive than powder cocaine. Based on the article, the AMA has proven that the two substances have the effect on the human body.

Many in the criminal defense and civil rights communities are applauding the new legislation. According to public records, most of those convicted of crack cocaine offenses are African-Americans. Our Orange County drug sales and possession attorneys have handled many cases involving powder cocaine and sales of drugs. In fact, we have handled some of the largest cocaine transportation cases of the last few years in San Bernardino. Our attorneys know the law and know how to defend these complicated cases. If you or a loved one need the assistance of our experienced criminal defense attorneys contact us at 888-529-2188.

According to Courthouse News Service the lawyer who advised a Honduran immigrant to plead guilty to drug distribution charges failed to provide him with an adequate defense in violation of the Sixth Amendment, because he did not advise his client of the fact that the plea could result in his deportation. the Supreme Court ruled. 
The Supreme Court in a 7-2 to vote held that Jose Padilla who had plead guilty to possession of drugs for distribution and sales should have been advised by his counsel that his plea will subject him to immediate deportation. Orange County drug sales attorneys know that many drug charges especially those related to sales and trafficking can trigger deportation and loss of legal status for aliens. This consequence can become a reality even if the defendant does not have any prior record or has been in the country for a very long time. That is why our Riverside drug transportation attorneys look for every alternative and consider the defendant’s entire range of choices before we make a recommendation about a plea. It should be noted that according to recent cases even simple possession charges can result in deportation proceedings if the defendant is considered a recidivist. Our Newport Beach drug possession and Newport Beach drug sales attorneys can offer creative pleas, which may save the accused his or her legal status in the United States.

Riverside drug possession attorneys were glad to hear that the U.S. Supreme Court on Wednesday March 31, 2010, considered whether a longtime legal permanent resident can be deported to his native country after pleading guilty to two minor drug offenses, i.e possession of less than two ounces of marijuana and possession of one prescription Xanax pill. 
   The government argued that the second conviction although for mere possession of a controlled substance, was an “aggravated felony” because the defendant Jose Angel Carachuri-Rosendo could have been charged with recidivist drug possession a crime that is punishable as a felony under the Controlled Substance Act (CSA.)     

According to an article by Courthouse News Service the Immigration and Nationality Act defines an aggravated felony to include any felony "punishable" under the CSA. The final ruling is not expected until June of 2010. Our Orange county presdription drug possession attorneys have handled many cases on behalf of legal and undocumented residents and are quite familiar with the interaction between state laws and the immigration policies. We have recently been able to resolve cases with implication of possession with intent to sell so that the immigrant client does not face deportation.  If you or a loved one are facing charges for possession of a drug for personal use or for sale you should immediately contact our Los Angeles drug sales attorneys so that we can evaluate your case at no costs.