Articles Posted in Drug Offenses

Narcotics Investigators with the Inland Crackdown Allied Task Force found 88 pounds of cocaine after receiving information that narcotics were being distributed out of a house in Lake Forest, California. The investigators believe that the house was being used solely for the purpose of hiding and distributing narcotics throughout the Country. The estimated street value of the narcotics is $4 million. Two men have been arrested on suspicion of possession and distribution of narcotics. One is a Lake Forest resident, and the other from Aliso Viejo, California.

As an Orange County Criminal Defense Attorney, specializing in drug related offenses, taking a close look at the officers’ conduct prior to the arrest of these two men is extremely important, as well as how the search warrant was obtained. These are very serious charges and therefore, any mistakes or illegal investigation conducted by the Narcotics Investigators must be considered.

Transporting drugs is the moving of drugs from one place to another. In order to be convicted of transportation of a controlled substance, it is only necessary for the prosecution to establish that the accused moved the drugs.

To be convicted of selling or transporting a controlled substance, it must be established that the accused engaged in one of the following acts:

1. Transporting a controlled substance;
2. Importing drugs, into California (meaning, bringing illegal drugs into this state).
3. Selling, exchanging narcotics for money, favors, services, goods or any other non-cash benefit.
4. Furnishing drugs or supplying by any means.
5. Administering the drugs directly to another person.
6. Giving illegal drugs away.
It must also be established that the accused knew of the presence of drugs and that the drug was illegal. There must be enough of the drug to be used as a controlled substance.

The penalty for a conviction of selling and transporting a controlled substance is either probation and up to one year in county jail, or three, four or five years in prison and a maximum $20,000.00 fine. However, if convicted of transporting a controlled substance for sale, and the drugs were moved across more than two county lines, the penalty is three, six or nine years in prison. There are aggravating factors that if relevant to your case, could result in the highest possible sentence or add time to the overall prison sentence. Prior convictions of felony drug charges may also add time to the overall sentence.

Fortunately, there are defenses to these charges that a skilled criminal defense attorney will be familiar with. An attorney experienced in drug sales and transportation charges will look closely at the possibility of an illegal search and seizure as well as police misconduct. Some other defenses include: entrapment, mistaken identity/innocence, lack of knowledge and lack of intent.

Anyone being charged with drug possession for sale, in Orange County, California, needs the representation of a skilled Orange County Criminal Defense Attorney, who will look closely at the prosecution’s case as it relates to the accused. In other words, a good criminal defense attorney will take the time to get to know their client and their client’s background, history, family, standing in the community, everything about that client in order to represent the person, not just the defendant., to the prosecution/judge.

There are alternatives to jail and prison for those being charged and convicted of drug related charges. Drug diversion, such as Proposition 36, Penal Code 1000 PC Drug Diversion and California Drug Court are examples of these alternatives. If convicted of a drug related offense, drug diversion is the outcome to pursue, as it is so much more beneficial than being incarcerated. The drug diversion programs can help overcome many drug related problems that have contributed to the initial acts that have lead to the conviction.

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A 25 year old Orange County woman was stopped near the U.S. Border Patrol checkpoint in Temecula and interviewed by agents at that checkpoint. After smelling a strong odor of perfume, a k-9 unit was called in. The woman’s car was searched and agents found 36 pounds of methamphetamine.

The Orange County woman faces several serious charges including but not limited to felony possession of a controlled substance, possession for sale and transporting and the sale of a controlled substance, also known as drug trafficking. To prove intent to sale, the prosecution does not need to prove that you sold anything, only that you intended to. This proof can be made based on the amount of drugs found, other items found such as baggies or scales, conversations with undercover officers or informants and high volume of traffic to and from you residence. The potential sentence for possession of drugs for sale is 3-5 years.

Drug trafficking, or transporting and the sale of controlled substance, is also a serious felony which carries a potential sentence of 6-9 years. However, the judge may include enhancements which can add up to 15 years additional penalty.

A good Orange County California Criminal Defense Attorney, will be familiar with legal and illegal search and seizure. It should be looked at whether the police acted appropriately at the time of the arrest and in seizing the evidence. A skilled Criminal Defense Attorney uses technical procedures to successfully attack the basis for the search and seizure of evicence. Further, a good Orange County Criminal Defense Attorney should be familiar with methods to uncover evidence of police misconduct. Evidence may be suppressed and the case dismissed where the criminal defense attorney can prove that the police acted inappropriately and violated your rights.

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Guaranteed you’re going to hear more about a synthetic spray which imitates the effect of cannabis when smoked.

Apparently, some Asian chemists stumbled upon this some years ago. It was commented on by a Clemson chemistry professor, Dr. John Huffman. He was doing a study on the effects of cannabinoids on humans. His comment on anyone smoking this stuff? “They’re idiots”.

The stuff is called K-2. It has a shorter high, has totally unknown short and long-term side effects and it is totally legal in the United States. Europe, however, has banned it. Don’t worry, we’ll ban it soon enough.

Marijuana, for better or worse, can cause cancer, if you smoke it long enough. If you drive with it in your system, you could be arrested and charged with DUI. If you are high on it and are driving with your child in your car, you could be arrested for child endangerment, since it impairs your judgment and reflexes.

if you are charged with marijuana possession or a related offense, call an experienced criminal defense attorney right away to assist you.

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On Friday, a drug bust was made in Castaic leading to four arrests and ten children being put in protective custody. Rafael Arciniega and James Stern were arrested for possessing methamphetamine for sale and put in jail. Midalia Hernandez was arrested for possessing methamphetamine and was also jailed. Manuel Arciniega was arrested for possessing a fraudulent document. During the drug raid three guns, cash and several ounces of methamphetamine were found. Ten children were living in the home and they were all put in protective custody.

Most of the time, police need a search warrant to come into your home and look around. For this drug bust, it is likely that police obtained a warrant after neighbors reported suspicious activity coming from the house. Depending on the amount of drugs found, the suspects can be charged with either a misdemeanor or felony charge. They face serious jail time if convicted. Whether you live in Tustin, Garden Grove or Ladera Ranch, if you are charged with drug offenses, call an experienced criminal defense attorney right away to assist you.

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Earlier this week, U.S. Border Patrol Agents stopped a suspicious car that was driving in San Clemente. Agents suspected that the driver was carrying drugs, so after the driver allowed agents to look inside, a K-9 team alerted them to something inside the car. Agents found a black duffel bag containing 12 bundles of crystal methamphetamine weighing over 15 pounds. This amount of meth could have been sold on the street for $356,000. The drugs were seized and the man was arrested.

Border officials claim that crystal meth and other drug seizures have increased this year. Besides the tough economy that is driving people to get money any way they can, border patrol has also stepped up its patrol and caught more people carrying drugs. It is likely that the driver will be charged with possession of a controlled substance with the intent to sell. This charge comes with serious prison time. A good attorney may argue that the driver was not intending to sell the drugs. Often times, a driver is hired just to transport drugs from one location to another. These drivers will face less prison time than the person who is selling the drugs.

Whether you live in Westminster, Lake Forest or Villa Park, if you are charged with drug crimes, call an experienced criminal defense attorney right away to assist you.

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After receiving several complaints regarding a house in Placentia that was allegedly tied to illegal drug activity, police arranged a stakeout on Finnell Way and Alta Vista Street this week. Officers observed a Lexus with two men inside of it, pull up to the house and a man come out of the house. Police observed Kyle Robert Snowden emerging from his house with something in his hand. He then handed something to the passengers of the Lexus, Ricardo Francisco Ramos and Donald Joseph Smith. Police stopped the passengers of the car and searched them. Police found heroin on Smith so they arrested him. They cited Ramos with loitering with the intent to engage in drug-related activities, but did not arrest him.

Police then searched Kyle Robert Snowden and found heroin, prescription pills and cocaine on his person. They arrested him and took him to jail. After searching the residence of Snowden, they found psilocybin (the active ingredient in illegal hallucinogenic mushrooms), marijuana, heroin and ecstasy on Snowden’s roommate, Gregory Bryce Slatic and he was also arrested.

All three men were charged with possession of a controlled substance and all three pled not guilty. Whether you live in Tustin, Santa Ana or Fullerton, if you are charged with drug crimes, call an experienced criminal defense attorney to assist you in fighting your charges or lowering your sentence.

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This week, agents noticed an SUV driving on the I-5 Freeway that was not handling well, so they followed the car for about 20 minutes. They developed reasonable suspicion that something was wrong, and stopped the car. After speaking with the driver, they saw several bundles of marijuana inside the vehicle. The driver, an illegal immigrant, was arrested immediately. Drug Enforcement Agents searched the car and found about 30 bundles of marijuana weighing about 839 pounds, inside the vehicle. The estimated street value if those drugs had been sold would have been about $500,000.

Possession of marijuana with the intent to sell is a serious crime. Often, the drivers have no plan to sell the drugs and are often just making a delivery for someone else. Unfortunately for this driver, if he is convicted of this crime, he is likely facing a long time in prison. A good defense attorney may be able to argue that the search was illegal by questioning officers about the purpose of the traffic stop. If the search was unlawful, the fruits of the search (the drugs) would not be admissible in trial as evidence and charges would likely be dropped.

Whether you live in Orange, Garden Grove or San Clemente, if you are charged with drug possession, call an experienced criminal defense attorney to assist you.

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On Wednesday, U.S. Border Patrol Agents noticed a suspicious looking car driving through San Clemente. The driver pulled into a rest stop and Agents questioned him. During questioning, they realized that he was an illegal immigrant so they decided to search his car. Agents and a K-9 searched the car and found 13 bundles of cocaine hidden under the door panels of the car. The total weight of the cocaine was about 36 pounds, which, if sold, would have a street value of $360,000. The driver and the cocaine were seized. The Agents will likely charge him with drug possession with intent to sell. After he serves his prison time here, he will likely get deported.

U.S. Border Patrol Agents noticed the recent trend in cocaine seizures this year. They claim that from October of 2008 to October of 2009, seizures have increased 162%. I think that drugs are more prevalent throughout the state because of the tough economy. Many people are getting laid off and resort to drug sales to provide for themselves and their families. Whether you live in Laguna Beach, Fullerton or Santa Ana, if you are charged with drug possession, call an experienced criminal defense attorney to assist you.

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On July 4, 2009, firefighters were called to put out a trash can fire in Fountain Valley. When they arrived, the trash can was against a townhouse belonging to Christopher Ruotolo. Firefighters used heat detectors to see if the fire had spread into the townhouse. They detected heat inside the townhouse, so they went in. Once inside the home, they found three rooms that were equipped with ventilation, irrigation and lighting systems that were being used to cultivate 300-400 marijuana plants.

When firefighters asked Ruotolo about the marijuana plants, Ruotolo claimed he had a prescription for medical marijuana and was growing them to sell to dispensaries. If he had a prescription, he would only be allowed to grow 12 plants. After the incident, he was charged with defrauding the utility company by bypassing the electric meter at his house to avoid a high electricity bill. He was also charged with felony cultivation of marijuana and felony possession for sale.

Whether you live in Irvine, Orange or Fullerton, if you are charged with drug charges, call an experienced criminal defense attorney to assist you.

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