Los Angeles County Criminal Lawyer Blog

A Pasadena man now faces drug charges after being arrested carrying nearly two dozen pounds of marijuana while riding his bicycle, the Los Angeles Times reports.

Perhaps it was for personal use!

The 53-year-old man now faces major charges after being arrested one weekday recently around 2:30 a.m., the newspaper reports.

Our Pasadena criminal defense lawyers recognize the scrutiny being placed on the marijuana industry. There are many defendants who get arrested though they have a legal right to possess certain amounts of the drug for medicinal purposes.

Because of the recent political backlash against the industry, police throughout the state have placed extra scrutiny on the drug and those who may possess or attempt to sell it. While some people normally may not have been investigated under certain circumstances, it's possible they may now be looked at by officers.

In this case, police say they pulled the man over because he was riding his bicycle around 2:30 a.m. on Monterey Road. They say they pulled him over because he didn't have the required front light and rear reflector on his bike.

It sounds like an officer had nothing better to do than to bother a man who was riding on his bicycle. When they pulled him over, they allegedly found the marijuana -- 23 pounds of it -- inside a water cooler attached to the bike.

They arrested the man and charged him with suspicion of possessing and transporting marijuana for sale. He was being held at the Pasadena City Jail on $50,000 bail, the newspaper is reporting.

What must be looked at in a case like this is the reason for the search. Recent case law has shown that police must have a good reason for searching a vehicle, or in this case, a bicycle. They can't simply search a driver's vehicle without having a reason.

Some courts have said that if an officer is talking with a suspect who is nearby the vehicle they were stopped in, the officer has the right to search a center console area, under a seat or in the glove box to check for weapons to ensure their safety, but in a recent case, an officer searched a car and found cocaine after a suspect had been placed in another squad car. He was pulled over after allegedly soliciting a prostitute and officers discovered he had a warrant out for his arrest.

The appeals court ruled that the officer had no right to search the car after the suspect wasn't nearby and when there was no connection to the crime to warrant a search of the vehicle. Officers must play within the rules and when they break them, the defendant can benefit. But an experienced Pasadena criminal defense lawyer must be called on to discover these facts and help the suspect get a fair trial.

Continue reading "Pasadena Man Charged With Carrying 23 Pounds of Pot on Bicycle" »

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 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" »