California Criminal Defense Lawyer Blog

An investigation lead by the Newport Beach Police Department has resulted in the seizure of 300 marijuana plants and about $24,000.00 in cash, after searching several homes in Orange County, California. As an Orange County Criminal Defense Attorney, my first thought is, was the search legal? Did the officers obtain search warrants before entering the homes and if so, were the search warrants obtained legally, following the criteria needed to obtain a search warrant.

According to authorities, in this particular situation, the initial investigation lead officers to indoor marijuana growing in Laguna Niguel and Huntington Beach. The information they obtained further lead them to search a home in Lake Forest. The search of the home in Lake Forest resulted in officers obtaining additional information on a commercial building in Huntington Beach where more marijuana growing plants were found.

One man was pulled over and arrested and reportedly in possession of 24 pounds of marijuana when he was stopped. He has been booked on suspicion of transportation and sale of marijuana. Another man was taken into custody at his Laguna Niguel home after detectives found a marijuana grow in his home, and 300 marijuana plants. A woman was taken into custody after searching her Lake Forest home and booked on suspicion of transportation and sale of marijuana. Another man and woman were arrested on suspicion of possession of marijuana for sale after a commercial building in Huntington Beach was searched and officers found more marijuana growing as well as nine pounds of marijuana. The marijuana seized in all, reportedly has a street value of about $200,000.00.

It will be important when hiring attorneys that these people find an experienced criminal defense attorney who has significant experience in possession and sales cases and more importantly, that he or she has an understanding of the laws as they relate to illegal search and seizure. The officers involved in this investigation were required to follow the very specific laws as they relate to the proper procedures to obtain search warrants and therefore, this must be looked at very carefully, paying close attention to each detail that lead to each home and/or individual search.

Marijuana possession for sale is a felony. The amount that is sold, nor whether or not the sale was witnessed, does not matter. The amount of marijuana, the manner in which it is packaged, large amounts of cash, if there is the presence of a scale and or baggies used for packaging the marijuana are found with the marijuana, then the prosecution may charge felony possession for sale.

For prosecutors to prove their case, they must prove that: 1) The defendant possessed a controlled substance; 2) The defendant knew of its presence; 3) The defendant knew of the substance's nature or character as a controlled substance; 4) When the defendant possessed the controlled substance, he/she intended to sell it; 5) The controlled substance was marijuana; and 6) The controlled substance was in a usable amount.

To be found guilty of transportation of marijuana, the prosecution must prove that: 1) The defendant transported a controlled substance; 2) The defendant knew of it presence; 3) The defendant knew of the substance's nature or character as a controlled substance; 4) The controlled substance was marijuana and 5) The marijuana possessed by the defendant weighed more than 28.5 grams.

If you or a loved one has been arrested for possession for sale of marijuana, contacting an experienced criminal defense attorney in the county in which you are being charged can make the difference in felony possession and misdemeanor possession. An experienced drug defense attorney knows that police routinely use unreliable informants, defective search warrants, invasive tactics and other illegal methods to bust users, growers and dealers of marijuana. An aggressive attorney who looks closely at the arresting officers' conduct, could make the difference in the case being dismissed.