California Criminal Defense Lawyer Blog
The Santa Ana Police Department arrested two men on Sunday night on drugs and weapons charges during an anti-cruising operation. A 36 year old Santa Ana man was arrested on suspicion of possession of drugs and the driver, a resident of Downey, Ca, was arrested on gun-related charges.
According to Santa Ana P.D., the car was stopped Sunday evening in the 1500 block of Bristol Street, an area known to be a cruising area of Orange County. During the stop, Police found 42 grams of methamphetamine and a handgun in the car.
The Cruising Abatement Project is a campaign initiated to combat the problems associated with street cruising. According to the Santa Ana Police Dept., the use of drugs and alcohol and violent conflicts between rival street gangs were common occurrences during cruising hours.
The man arrested for possession of methamphetamine, 42 grams, will likely result in a charge of possession of a controlled substance with intent to sell, a felony. If convicted, punishments range from probation, 1 year in County Jail or 2, 3 or 4 years in a California State Prison.
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.
Carrying and transportation of a firearm in a vehicle also has strict guidelines/laws. Carrying a loaded rifle, shotgun or handgun in any public place or on a public street is illegal. Carrying a concealed weapon without a license is illegal. Carrying a handgun in a glove compartment or under the seat of a car is considered concealed. However, a handgun that is transported to or from a vehicle, in a locked container, is not considered concealed.
Fortunately, there are defenses to all of these crimes. Some include: 1) Illegal search and/or seizure; 2) No intent to sell; 3) Lack of possession; and 4) Lack of knowledge. These two individuals are facing serious felony charges and therefore an experienced Orange County Criminal Defense Attorney is imperative to helping them achieve the best possible outcome.
Every county and every courthouse has it’s own way of doing things. In this case, It is important to have an attorney who is familiar with how things work in the Orange County Courts and/or courtroom. It is likewise as important that the attorney have a good relationship with the Judges, prosecutors, probation officers and the court staff.