Los Angeles Criminal Law Blog
     


Marijuana Growing Operation Discovered in Palmdale

Posted on: June 19, 2013 at 10:33 p.m.

Two men have been arrested after local authorities discovered a marijuana growing operation in Palmdale. Edgar Damian and Luis Ascencion were taken into custody after a team of law enforcement agents discovered over 600 marijuana plants growing in a home on East Avenue P-2 shortly before 4 o’clock in the afternoon on Monday. Sheriff’s Deputies first became suspicious when a check into the vehicle license plate of a car parked in front of the home revealed that its owner, 24-year-old Damian, was named in a felony warrant for a narcotics possession case earlier this month. Officers at the scene called for backup and when help arrived, the group went into the home, whose front door is said to have been open at the time. Officers said the home smelled strongly of marijuana and noted that every room of the home, including the garage, had been converted for use as a hydroponic growing operation. Officers eventually found that the operation had been illegally diverting electricity. Damian and Ascension were found in the rear of the home and had not heard the deputies entering the front door because of how loud the ventilation system throughout the home was. Sheriff’s Deputies said the suspects, who are from Mexico, admitted to starting their cultivation operation three months ago when they arrived in the United States. They claimed, however, that they had not yet sold any marijuana. Law enforcement officials estimated that the street value of the marijuana confiscated in the bust would be roughly $1 million. The two men were booked into a local jail on charges of cultivation of marijuana as well as electricity theft. Both men are currently being held in lieu of $30,000 bail and are scheduled to appear in the Antelope Valley Superior courthouse at some point today. Damian had been arrested for an unknown felony narcotics crime on June 1st, but was released after posting $10,000 bail on June 4th. Facing charges of this magnitude is likely to be an uphill battle for both Damian and Ascencion. It is legal, within certain limits, to grow marijuana in the state of California, but to have grown that many plants is likely illegal and may subject both men to some serious legal consequences. Many drug crimes in the state of California are “Strike” offenses under California’s “Three Strikes” laws. Under this “tough on crime” legislation, a person convicted of three eligible felony criminal offenses is sentenced to life in a state prison.

Tagged as: los angeles drug laws, los angeles drug offense, los angeles marijuana laws, medicinal marijuana laws




Los Angeles Marijuana Possession

Posted on: November 16, 2009 at 2:32 a.m.

In Los Angeles, marijuana laws are complicated. Having a Los Angeles criminal defense attorney to help defend your Los Angeles drug offense will go a long towards keeping you out of prison.

Major League Baseball pitcher Tim Lincecum of the San Francisco Giants was arrested two weeks ago in his home state of Washington after local law enforcement agents found a small amount of marijuana in his car. Lincecum was initially pulled over because he was speeding, driving 74 miles per hour in a 60 mile per hour zone. When the officer approached the star pitcher’s car, he smelled the marijuana and immediately asked him to surrender the drug. Lincecum handed over roughly 3.3 grams of marijuana, in addition to a marijuana pipe from the car’s center console. Since the state of Washington considers most quantities of marijuana of less than 40 grams to be for personal use, Lincecum will most likely avoid felony drug possession charges and will instead be charged with a misdemeanor criminal offense. In the state of Washington, a first-time charge for the possession of marijuana for personal use typically garners a fine of about $622. Lincecum will also be cited for speeding.

In Los Angeles, small amounts of marijuana for personal use are technically legal-depending on which law enforcement agency finds them. Since marijuana laws allow for the use of marijuana for medical purposes, state and city agents might not arrest you if you are consuming the marijuana in your home. According to Los Angeles marijuana law, carrying the marijuana outside your home (in a car or in a public place, for instance), however, might make you eligible to be charged with a misdemeanor drug possession offense. Depending on the circumstances of your case, probation, community service, fines or time in a county jail may be assessed if you are found guilty. For many first-time drug offenders, Los Angeles also has a deferred entry of judgment program that would allow for drug treatment rather than jail time. In these cases, a defendant pleads guilty to drug possession charges, but instead of being sentenced to harsher punishments, the defendant’s case is instead put on “hold" for a time. The defendant is then required to complete a six-month series of drug education classes and avoid being arrested or convicted of another crime for 18 months. If the defendant successfully completes both requirements, the case is dismissed and criminal charges are wiped from their record.

Los Angeles marijuana laws surrounding the use of pot can be confusing. However, the help of an experienced Los Angeles criminal defense attorney is invaluable when you have been charged with a drug offense. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to find out what your options are.

Tagged as: los angeles criminal defense attorney, los angeles drug laws, los angeles drug offense, los angeles marijuana laws









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