Los Angeles County Criminal Lawyer Blog

In what has turned out to be a major investigation, deputies raided an Antelope Valley property where they uncovered an alleged cockfighting operation, $1 million in methamphetamine, children living in poor conditions and 100 roosters, the Los Angeles Times reports.

The operation started with a narcotics investigation and led to deputies seeking a search warrant served on a property in an unincorporated area near Lancaster, the Los Angeles County Sheriff's Department said.

But all that was discovered could come unraveled if procedures weren't properly handled when police sought and wrote up an affidavit for a search warrant in Los Angeles.

Every American has a right to be free from unlawful search and seizure. What that means in practical terms is the police can't barge into your house, your vehicle or stop you walking down the street to search you or your property without some basis. And that basis, called probable cause, often is memorialized in a search warrant signed by a judge.

But even after a search warrant is obtained, that doesn't mean that all the potential evidence found can be used. As a Pasadena criminal defense lawyer would tell you, there are many ways to challenge a search warrant.

For one, the officer must have had credible evidence to suggest that a search warrant was necessary in the first place. Without reliable information to base the request for search on, the whole thing falls apart.

Secondly, if officers fudge the information on the search warrant, even a little, that can lead to a suppression motion that allows the defendant to keep any evidence collected by police out of trial.

In asking a series of questions of officers who were involved in a raid, defense lawyers can often get them to give contradictory statements about what evidence they expected to find and the basis for seeking a search warrant in the first place. And even in some cases, evidence that has nothing to do with the search warrant request may be held out of trial, depending on the circumstances.

In this case, deputies got a search warrant for the property for a drug investigation.While there, they found about $1 million worth of methamphetamine -- about five pounds. They also uncovered what they are calling a cockfighting rink -- about 100 roosters -- as well as children living in dilapidated sheds.

The children ranged in age from 4 to 17 and were sent to child welfare workers after police intervened. Firearms were also recovered as well as sparring tools and drugs for the roosters.

Police made six arrests on drug charges, though their names weren't released. The Times didn't report that anyone faced child abuse or animal abuse charges, despite allegations by deputies to the contrary.

Search warrants must be examined and double-checked in order to ensure the police are held accountable.

Continue reading "Child Abuse, Drugs, Cockfighting Alleged in Los Angeles Search Warrant Case" »

Following a two year investigation, ten individuals, including two doctors, were arrested Thursday October 13 after being tried for accused participation in a drug trafficking circle run out of an office on West 8th Street close to downtown Los Angeles. According to federal officials, the drug ring is being charged with the illegal distribution of over 1 million OxyContin pills.

As reported by FOX LA, the illicit ring was allegedly operated from a medical clinic where doctors gave Medicare prescriptions for the potent and dangerous painkiller for Medi-Cal, Medicare, and patients without insurance who demonstrated no medical necessity for the drug, said the U.S. Attorney's Office. The drug was acquired from pharmacies, in many counts by unlawfully sending bills to government insurance groups, while leaders of the ring are accused of re-selling the pills on the black market for millions of dollars in gain.

The L.A. federal court indictment indicates that over one million of the highest strength OxyContin doses were sold illegally on the street via the ring for between approximately $23 to $27 a pill. The charges also accuse that a portion of the drug was funneled through stolen Medicare identities at the cost of the government (Medicare fronted more than $2.7 million in prescriptions for the drug during the investigated period, according to officials).

Continue reading "Los Angeles Doctors Arrested in OxyContin Drug Ring" »

The recent case of United States of America vs. Carl Roy Burleson shows why an experienced lawyer must be used in any criminal case.

Leaving your case to an attorney without the necessary court experience can be detrimental, and the Burleson case shows why. An aggressive Valencia criminal defense lawyer can provide solid advice to clients who have been thrust into the criminal justice system.

Whether facing drug charges in Valencia or murder charges in Ventura, a motion to suppress can hold police officers accountable for their misuse of power and allow a defendant to go free on charges that are unwarranted.

In the Burleson case, he and two others were walking down the middle of a Roswell, New Mexico, street one early morning, holding a dog that didn't have a leash. Because they were walking in the street, a police officer pulled them over and started talking with them.

As it was revealed in a pretrial hearing, the officer said there had been a rash of property crimes in the area, including a shooting, and several pet thefts had been reported recently as well. Plus, the three had violated city ordinances by walking in the middle of the street.

After talking with the three, the officer was satisfied the dog wasn't stolen -- they were afraid the dog would run off since they didn't have a leash -- and the officer didn't intend to ticket them for walking in the middle of the street.

But the situation took a bad turn after that.

After the officer, who admitted he wasn't going to make any arrests or issue any citations, spoke with the three, he asked for their identification to run a warrants check through dispatchers.

Though they were no longer suspected of a crime, the officer asked for their identification anyway. After running a check, dispatchers said Burleson had a warrant issued for his arrest. So, as the officer began handcuffing him, he told the officer he had two guns and some ammunition on him.

The officer found the two guns and ammunition and booked the man into custody. He was later charged with possession of a firearm by a convicted felon. Before trial, his attorney convinced a judge to suppress the gun and ammunition because, as the officer stated, he no longer considered them suspects in a crime and there was no good reason for him to run a warrants check.

But the prosecution appealed to the Tenth Circuit Court of Appeals, which recently overturned the ruling and sent the case back for further consideration. In its ruling, the appeals court stated that based on officer-safety concerns, the officer had the right to run a warrants check since there had been violence in that area recently.

It's unclear whether Burleson will be appealing the appeals court's decision.

Valencia criminal defense lawyers understand that a well-written and presented motion to suppress can mean the difference between a case won and a case lost. The defendant has the right to have a fair trial, and that includes making sure evidence that wasn't properly obtained stays out.

Continue reading "U.S. vs. Burleson Highlights Importance of Motion to Suppress in Valencia Criminal Cases" »

Authorities recently searched the offices of four clinics that the Federal Bureau of Investigation and Drug Enforcement Administration suspect were involved in "pill mill" operations, the Encino Patch is reporting.

Drug cases in Encino and elsewhere can be complex. But cases where allegations of pill mills in Los Angeles surface are typically prosecuted at a higher level and often involve federal authorities.

These allegations typically involve large quantities of prescription drugs being distributed and sold to patients. The allegation is typically that the doctor or clinic has illegally done so without proper reasoning for distributing the high-level narcotic drugs. Usually Oxycodone, Roxycodone or other pain medications are part of the investigation.

Four San Fernando Valley clinics were raided -- two in Reseda and one each in Northridge and Van Nuys. A manager of two of the clinics, who lives in Encino, was arrested, the report states. Authorities found $300,000 in cash and $300,000 worth of OxyContin inside her house, the Los Angeles Times reported.

Investigators allege that the Encino woman was involved in a scheme to distribute the medication on the black market. The investigation began after drug suspects in other states were allegedly caught with pill bottles from these clinics.

Yet, that alone shows no proof that a clinic or clinic manager did anything wrong. If patients come in experiencing symptoms of deep pain, it's common for them to receive pain medication. If they choose to illegally sell the medication themselves, it shouldn't come back on the clinic or clinic workers.

While more "mainstream" drug cases in Los Angeles, such as those involving marijuana, cocaine and methamphetamine, are what people think of when they think of drug cases, prescription pill cases have gotten a lot of attention from authorities in recent years.

With problems in Florida -- The New York Times reported in August that Florida doctors purchases 32.2 million doses of Oxycodone in the first six months of 2010 -- officials nationwide have taken notice. Florida lawmakers cracked down on the ability of doctors to prescribe these medications as a result of criminal prosecutions and news reports of the illegal activity there.

These cases take a different path than most drug cases. When police pull over a vehicle and notice drugs in the car, sometimes those cases are easier to prosecute for the state. But these complex prescription drug cases are much different.

For one, law enforcement must have solid proof before raiding a place of business. They must have a search warrant, signed by a judge. And even if the judge signs off on the warrant, all the evidence collected can be tossed out if authorities didn't follow proper procedures. That includes whether they misled the judge about what facts they knew and what facts they guessed about when asking for the warrant.

Every citizen has a right to not be subjected to illegal search and seizure, which means police can't simply barge into your office, home or car and start looking for evidence. They must have proof a crime has been committed. And sometimes they simply don't. An experienced Los Angeles Drug Defense Lawyer knows that officers sometimes make mistakes. And those mistakes can set the defendant free.

Continue reading "Alleged Pill Mills Shut Down in Encino After Los Angeles Search Warrant" »

The Los Angeles Times is reporting that two people, one of whom is suspected of being a gang member, were recently arrested and charged with cultivating $2.5 million worth of marijuana.

Though marijuana is considered by most to be a gateway drug, charges involving the drug can carry extreme penalties in California. That's why a strong criminal defense in Simi Valley is important.

According to The Times, sheriff's deputies seized two caches of plants and dried marijuana in a commercial building fronting as a consultant's office on South Date Avenue in Alhambra. Inside, authorities found more than 440 plants, 150 pounds of dried marijuana, cultivation equipment and guns, the story says.

Authorities believe one of the two arrested was a member of Wah Ching, an Asian gang known for narcotics and weapons trafficking.

While the story says sheriff's detectives were working on a month-long investigation after a tip, it doesn't say why they felt they had the authority to raid an office building. As in any case involving a search, it's possible the search and seizure was done illegally by police.

When police riffle through your car, barge into your home or business or search your clothes, there are specific rules they must follow. Law enforcement must have probable cause, which is the belief that a crime has been committed and a reasonable certainty that you committed it, in order to conduct a search.

In cases involving a warrant, an officer must swear under oath to a judge that the information is accurate. If the officer misleads the judge, it could be grounds to dismiss the case.

These aren't matters that should be taken lightly. An experienced Ventura defense lawyer is like a checks and balance system for the police and the court. These are issues that an attorney should bring up before, and possibly during, trial.

If you are facing criminal charges that stem from a search and seizure, it is best to remain silent and contact a Pasadena drug defense lawyer immediately. Often, statements made by defendants can be more damaging than what police find in your possession or inside your house or business.

Many mistakenly believe charges involving marijuana are no longer serious -- both because of the state's medical marijuana law and because possession of less than an ounce has essentially been decriminalized. However, marijuana charges in Ventura and the surrounding area are still quite serious, particularly when cultivation or distribution is alleged. And any charges to which gang enhancements are attached carry more serious penalties for conviction.

Continue reading "Los Angeles Sheriff Arrests Two Accused of Marijuana Production" »

The arrest of 22 defendants on gang charges in Ventura County targeted alleged members of the Colonia Chiques, an Oxnard street gang, the Los Angeles Times reported.

While more than 1,400 street gangs exist in Southern California, the Colonia Chiques gang is Ventura County's largest and dates to the 1970s. As such, there are many, many juveniles and young adults who are either members, friends of members, or acquaintances of members. What young defendants and their parents too often fail to realize are the legal consequences of being associated with a gang. Once so associated, gang enhancements can increase the penalties for all types of crimes. And strike crimes can follow a young person into adulthood. Being photographed with a known gang member or even wearing the wrong color clothing may be enough to bring gang-related criminal charges. In each case, such charges should be handled by an experienced Ventura criminal defense lawyer.

The Ventura drug trafficking charges in this case allege members distributed methamphetamine, heroin and crack cocaine. Twelve defendants face federal criminal indictments. Fourteen others face state charges through the Ventura County District Attorney's Office.

Two of the defendants face life sentences because of prior convictions. Most of the others face 5 to 40 years in federal prison if convicted.

The Ventura County Star reported the effort was part of a larger crackdown on gang activity in Southern California. Five dozen members of the 38th Street gang were arrested in Los Angeles in February and 14 members of the Riverside street gang were taken into custody in December on drug trafficking and other criminal charges.

Participating law enforcement agencies included the Federal Bureau of Investigations, and the Ventura, Simi Valley and Santa Barbara police and sheriff's departments.

Continue reading "Gang Cases allege Drug Trafficking in Ventura County" »

The Ninth Circuit Court of Appeals which has jurisdiction over much of the West Coast of the United States including Los Angeles County has ruled that strip-searches of incoming jail inmates are constitutional and necessary to prevent the smuggling of drugs and other forbidden items into lockup facilities.

This decision comes on the heels of a 2008 Ninth Circuit decision that such searches are so intrusive and dehumanizing that they violate a person's Fourth Amendment right against unreasonable search and seizure unless there is good cause to believe that someone is in possession of contraband.

The ruling is the result of a class-action lawsuit brought by nine antiwar protester against San Francisco arising out of their arrests at a 2002 demonstration.

Judge Sandra S. Ikuta attempted to justified the ruling by stating that the strip-search policy was "reasonable under the Fourth Amendment" as such searches resulted in hundreds of instances where money, drugs, and weapons were seized and that such items can jeopardize the safety of jail staff as well as other inmates.

Judge Sidney R. Thomas was joined by three other judges on the panel in his dissenting opinion. In his opinion Thomas stated that one of the plaintiffs had been arrested at a peaceful protest, slammed to a concrete floor during booking, stripped and subjected to a body-cavity search, then left naked in a cell for eleven hours. She was subsequently strip-searched a second time and then released without charges.

Thomas had ruled in 2008 that without probable cause such searches cannot be upheld as "the intrusiveness of body-cavity searches cannot be overstated."

While one's Fourth Amendment right against unreasonable search and seizure may be somewhat diminished in a lockup facility, in an automobile, or even in a school setting, under most circumstances, one cannot be detained or searched without ...

Continue reading "Strip-Searches of Incoming Jail Inmates Ruled Constitutional by Ninth Circuit" »

After pleading to one felony count of grand theft and one felony count of possession of methamphetamine, former three year veteran of the Glendora Police Department, Timothy Radogna, 34 received a 180 day jail sentence handed down by Los Angeles County Superior Court Judge Craig Richman. He also received three years of felony probation, and was ordered to take part in a 24 month drug rehab program and pay $500 in restitution to the Glendora Police Department, according to the Los Angeles County District Attorney's office.

Under California Health and Safety Code Section 11377, Possession of Methamphetamine, the law provides for up to three years in state prison. This charge is what is known as a wobbler, meaning that it can be charged as felony or a misdemeanor. As a misdemeanor charge, it carries up to one year in county jail. In some instances, a defendant in California may be eligible for alternative sentencing when faced with this charge. Such sentencing known as either the Proposition 36 program or the PC-1000 program requires the defendant to undergo drug treatment and drug education for a proscribed period of time. If the defendant successfully completes the program, the drug charge is ultimately dismissed. In this case, Radogna would not be eligible for most forms of alternative sentencing because he is charged with the non-drug related charge of Grand Theft along with Possession of Methamphetamine.

Under California Penal Code Section 487, Grand Theft, the law provides for up to three years in state prison. This charge is a felony. Grand Theft is theft of property or services, the value of which exceeds $400.

Continue reading "Plea Entered by Former Glendora Police Officer in Methamphetamine Possession, Grand Theft Case" »

Last April O'Neal plead to two drug related cases, one involving felony possession of heroin and methamphetamine and the other involving felony possession of methamphetamine in exchange for an opportunity to take part in one of California's drug diversion programs. Had O'Neal finished the drug diversion program without any violations, the pending drug possession charges against him would have been dismissed.

When it comes to alternative sentencing for defendants convicted of drug possession California has been very progressive over the last ten years or so. In California, alternative sentencing for drug offenders also known as drug diversion falls under two main programs. One known as PC-1000 or Deferred Entry of Judgment (DEJ) and the other known as Prop. 36.

Continue reading "Redmond O'Neal Remanded to Jail by Los Angeles County Judge for Violating Drug Court Probation" »