Los Angeles Criminal Lawyer Blog

According to news reports, Los Angeles deputies were called to respond to an El Monte burglary in progress. When they arrived at the scene, they encountered four men and a boy. Upon investigation, it turned out that the group was trying to break into a warehouse that contained over 5,000 marijuana plants - making it one of the biggest marijuana grow houses in the city's history. The men were arrested on a suspicion of burglary. Investigation into the drug warehouse continues.

This episode presents several interesting legal questions, involving theft, drug manufacturing and possibly even conspiracy - contacting an experienced Los Angeles criminal defense attorney is important to protect your rights.

First - for the men involved, they may be charged with second-degree burglary, which usually involves the entering of a business or other commercial structure. It may charges as a misdemeanor of felony, typically based on the value of the property taken. Here - reports indicate that the men had a u-haul truck and were planning to steal marijuana. Additionally, one of the men indicated that "he broke into the warehouse his family owned because he wasn't getting his share of the proceeds." Whether this statement is admissible is questionable.

It is also likely that drug charges will follow - although who will be charged is yet to be determined. Drug charges may be misdemeanors or felonies, however because of the quantity of marijuana involved, felony charges will likely result.

Continue reading "El Monte Burglary Investigation Leads To $1 Million Pot Bust " »

Van Nuys news reports that law-enforcement has seized thousands of marijuana plaints from an indoor pot-growing facility in the San Fernando Valley. The seizure is part of a larger drug crime investigation that may extend into additional Los Angeles area communities.

Drug searches were also conducted in Canoga Park, Sherman Oaks, North Hills, North Hollywood and Palmdale. No arrests were made initially, but several individuals were targeted.

In order to reduce the number of drug crime both State and Federal law enforcement agencies hand down harsh punishments to any one arrested on a suspicion of a drug crime. If you have been arrested on any drug charges, you need an experienced Los Angeles drug crimes attorney to prepare your defense.

Continue reading "Los Angeles Drug Raid Yields Thousands Of Marijuana Plants" »

The L.A. Times reports that a judge has thrown out all the guilty verdicts on drug charges, including conspiracy, except one misdemeanor conviction handed down this fall by a jury in the Anna Nicole Smith drug trial.

L.A. County Superior Court Judge Robert Perry cleared Howard K. Smith of all convictions and dismissed two conspiracy counts against psychiatrist Khristine Eroshevich. One of her felony convictions was dismissed and another reduced to a misdemeanor. Acknowledging that in some cases doctors make a living being "pill pushers," Perry stated that this was not the situation here. The charges were thrown out due to the prosecution's misunderstanding of conspiracy law.

An experienced L.A. Criminal Defense Lawyer can challenge erroneous charges and poke holes in a lack of evidence.

Here, observers note that the judge saw through the prosecution's "misapplication of the law ... lack of preparation and lack of foresight." The defendants were simply trying to protect Anna Nicole Smith's privacy and acting out of a "heartfelt desire to help a friend" rather than conspiring to commit a crime.

Continue reading "Los Angeles Drug Conspiracy Verdicts Thrown Out" »

A jury acquitted one of Anna Nicole Smith's doctors - Dr. Sandeep Kapoor - of all charges stemming from his role in prescribing drugs to the model for chronic pain syndrome and illnesses including seizures, migraines and spinal pain. Prosecutors had alleged that he was part of a conspiracy with Smith's boyfriend and psychiatrist to feed an addiction rather than relieve emotional or physical pain. Both her boyfriend, Howard K. Stern, and her psychiatrist were convicted.

Conspiracy is defined as two or more persons agreeing to commit a crime, where at least one of the persons completes an "overt act" in furtherance of the conspiracy. To be convicted of "conspiracy" it is not necessary to actually commit the underlying crime, all that is necessary is that you "conspired" to commit the crime and that one member took an action that went beyond the planning stage.

In the Smith conspiracy trial, the judge noted "To violate (the law) a defendant must willfully and knowing prescribe, administer or dispense a controlled substance to an addict for a non-therapeutic purpose."

Here, the boyfriend and doctor were convicted of conspiring to provide drugs using false names.

Continue reading "One Acquitted and Two Convicted In Los Angeles Drug Conspiracy Trial" »

According to a recent article in L.A. now, the Drug Policy Alliance has issued a report concluding that blacks are arrested for marijuana possession at higher rate than whites in 25 California cities. The study reports that in Los Angeles, blacks are arrested 7.1 times more than whites. Torrance has the highest discrepancy with blacks 13.8 times more likely to be arrested than whites, and Pasadena is second with rate of 12.5 times.

Proponents of Proposition 19 note that, "For decades, law enforcement strategies have targeted low-income people of color who bear the disproportionate burden and stigma of arrest, prosecution, and permanent criminal records for marijuana possession and other minor drug offenses."

Current law for possession of marijuana for up to an ounce is considered an "infraction" rather than a misdemeanor. Proposition 19 will allow adults at least 21 years old to possess up to an ounce of marijuana.

In 2009 61,164 arrests were made for possession of less than one-ounce marijuana. Not only is drug possession one of the most commonly committed drug offenses in Los Angeles, but it is also the most frequently prosecuted.

Although marijuana possession is typically charged as a misdemeanor, if the prosecution can prove intent to sell, you may be charged with a felony. Intent to sell may be shown by circumstantial evidence such as scales, large amounts of cash, baggies and packaging supplies or through informants and wiretapped conversations.

A conviction for drug possession for personal use does not required that the drugs be found on your person - convictions can occurred if the controlled substance was found in your home, car or other place within your control.

Continue reading "Disparate Rate Of Marijuana Possession Arrests In Los Angeles, Torrance and Pasadena" »

A San Bernardino middle school vice principal has been order to stand trial on felony drug and child welfare charges. The woman was charged with possession of marijuana for sale and child endangerment as the result of a staged burglary set up by her teenaged son.

For most controlled substances, drug possession for personal use is charged as a felony. However possession for personal use can be a misdemeanor where the drug at issue is marijuana.

Where the possession of the drugs is with the intent to sell, the prosecution must only prove that the accused intended to sell the drugs, not that the sell actually took place.

Here, the vice principal presented evidence that she grew medical marijuana for her business, a medical marijuana dispensary in Los Angeles. At the preliminary hearing, San Bernardino County Judge Douglas Gericke determined sufficient evidence existed to support the charge and held the woman over for trial.

Continue reading "Teacher Who Operates Medical Marijuana Dispensary Charged With Felony Drug Possession" »