Matthew J Drug Crimes Law Blog

If the prosecutor determines that the defendant is not eligible for deferred entry of judgment, the defendant’s sole remedy is a postconviction appeal. Pen C §1000(b); People v Wright (2002) 99 CA4th 201, 205–208, 121 CR2d 419 (trial court erred in granting deferral over prosecution’s objection); People v Sturiale (2000) 82 CA4th 1308, 1314, 98 CR2d 865. According to a local Mojave Criminal Attorney under the former drug diversion program, a defendant was not entitled to p... Read More

In People v. Tabizon,  Tabizon was watching television in a motel room when the police entered to conduct a search; it was in that room that they discovered a container with 43 capsules of heroin lying on top of a chest of drawers.  In holding that the evidence was insufficient to prove appellant nguilty of possessing heroin  the Court stated: ... Read More

The crime of maintaining a residence for purposes of selling or manufacturing a controlled substance is a felony wobbler in California. ¿Health and Safety Code §11366.5(a) provides:... Read More

Los Angeles County has once again achieved the top award in crimes involving drug possession.  It seems the economy has caused many to turn to drugs, perhaps to escape the reality in their lives.  A Compton DUI Attorney that defends criminal defendants in Court affirmed the statistics that have been asserted by the governmental agencies.  It is axiomatic that hard times results in people trying to escape, and narcotics are an age old escape remedy.  Socialologists will confir... Read More

The California Criminal Justice System has made a number of transitions in the last year, among the many changes are the greater attention that has been focused on Drug Crimes in the Golden state.  In the eyes of a Torrance Drug Possession Defense Lawyer , not only do the authorites give greater emphasis to crimes that relate to drugs, but the local law enforcement machine has been allocated a larger budget due to federal funds funneled to police in the community.... Read More

The major artery from san francisco to los angeles is interstate 5.  This stretch of roadway is a major source of drug traffic in california and the local law enforcement agencies know it.  last year police made hundreds of arrests for drug possession, but a Kern County Drug Possession Lawyer says the numbers are up this year so far.  The DEA reports that drugs like cocaine and heroin are on the rise and the drugs are being seized in record numbers on the interstate.  many as... Read More

In the last few years the state of California has pulled back the criminal unmbrella that used to surround the use of marijuana within its borders.  However, one Kern County Marijuana Possession Attorney has asserted that many police agencies still arrest and charge those with pot that possess a legal Doctors recommendation.  It seems that some police have a fundamental disagreement with the new marijuana laws and co... Read More

A cruise ship passenger arrested after his cabin was searched after morphine and other drugs went missing from the ship's medical center pleaded guilty today to possession of a controlled substance on board a vessel. Phillip John Struble, 31, entered his guilty plea to the drug possession federal charge before U.S. District Judge George H. Wu, who scheduled a March 17 sentencing date. The drug theft occurred last Valentine's Day aboard the Carnival Cruise Lines ship Paradise out of Long Bea... Read More

Affirmative Defenses to criminal drug charges vary depending on the circumstances of individual cas.   The facts leading up to the search should be evaluated for the viability of a  defense motion to suppress due to a possible 4th amendment constitutional violation according to one Drug Possession Defense Lawyer in Kern County.  For instance, it is not uncommon for citizens to be stopped on a... Read More

When the police obtain evidence against an individual during an illegal detention, search or arrest it implicates the person's fourth amendment right against unlawful searches in siezures set forth in the Constitution.  According to one Torrance Drug Possession Defense Attorney , no where is the right against illegal searches violated more prevalently than in drug crime cases. ... Read More