Pomona, Over a Pound of Pot, Meth, Ecstasy, Probation

Our client was charged with three felonies arising out of the police department conducting a raid on his house for his brother, who earlier that day had been arrested in a sting operation for methamphetamine sales. 
Without All the Details, What Happened?:  Pomona, Possession of Over a Pound of Marijuana, Methamphetamine, Ecstasy, Scale, Pay-Owe Sheets, Negotiated to No Jail, but Probation, Fine of $2,350 and 30 Days of Cal-Trans.
Our client had no prior record except one for disturbing the peace.  He was twenty-three years old and a high school graduate.  He worked full-time for his family’s restaurant, that was a mainstay of the community.

While searching the house, which our client allegedly consented to, officers found over a pound of marijuana, about ten Ecstasy tablets, pay-owe sheets, a scale and empty baggies commonly used for sales.  When officers found the items, they assured our client that nothing would happen, as they were there for his brother and not him, although they seized all of the above items.  Five months passed and nothing happened.  Our client was amazed that the officers appeared to be good for their word.

In the sixth month, however, our client was advised that a complaint warrant had been issued for his arrest, as a complaint had been filed alleging three felonies.  There was one count for possession of marijuana for sales (Health and Safety Code Section 11359), one count for possession of methamphetamine for sales (Health and Safety Code Section 11378) and one count for possession of methamphetamine (Health and Safety Code Section 11378), for the Ecstasy.  The case was filed in Pomona.  As it turned out, the officers were not good for their word. 

The prosecution’s case was problematic because the layout of the house was such that police arguably had no reason to search more than our client’s brother’s room, let alone seek consent to search the entire house, regardless of whether our client consented to such a search (which he did not).   In other words, once the police had taken care of serving the search warrant on the client’s brother, they were done.  They had no reason to continue searching for anything else.

Moreover, our client had several witnesses at the house during the arrest who disputed the consent to search.  The client then provided pictures of the home’s interior and a floor-plan layout with distances measured throughout to show how far away his room was from his brother’s room.

Greg Hill of Greg Hill & Associates pointed out to the DA that the police report was clearly wrong, in that our client did not consent to the search and that we had witnesses to back this up.  However, our client did admit to the police to ownership of the pound of marijuana and the Ecstasy, which was certainly a problem.

The District Attorney recognized the problem with his case and, after much negotiating, agreed to offer our client a plea bargain wherein the prosecution would dismiss all charges except the first count, possession of marijuana for sales, in exchange for payment of a $2,350 fine and service of 30 days of Cal-TRANS or Tree Farm. 

The client was relieved in that he resolved the case with no jail time although he potentially faced nine years of prison for the three charges in the complaint.

For more information about the issues involved in this case, click on the following articles:
  1. What Punishment Do I Face For Possession of Marijuana?
  2. A Medical Marijuana Certificate Is Not Always a Valid Defense to a Charge of Possession for Sales.
  3. Judge May Prohibit Medical Marijuana Use as a Term of Probation
Watch our Video about Drug Offenses by clicking here.

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