Los Angeles Criminal Defense Lawyer Blog

Los Angeles County Sheriff's deputies raided a property north of Lancaster and found 100 roosters, $1 million in methamphetamine and children living in substandard conditions, the Los Angeles Times reports.

The defendants thus far face drug charges only while sheriff's deputies continue their investigation,

Charges of drug possession in Los Angeles can be serious, depending on the type of drug, the alleged conduct of the accused, location of the offense and the quantity of the drug.

There are many factors that go into what kind of penalties a person could face when charged with a drug offense. Because of overcrowded California jails, California's Proposition 36 allows Los Angeles criminal defense lawyers to petition the court to allow a defendant to serve time in a drug treatment program instead of going to jail.

This has been beneficial to many of our clients because they not only avoid jail time and can possibly maintain their job, but they can also get the treatment they may need to get their lives straightened out. Proposition 36 applies to those who have small amounts of drugs on them, typically low-profile drugs unlike heroin or cocaine, and who don't possess weapons or refuse treatment.

This can be a helpful alternative to incarceration not only for the state, which is dealing with unprecedented overcrowding issues, but also defendants, who can put their life together without suffering the consequences of jail.

In this case, deputies obtained a search warrant for a residence in an unincorporated area of the county north of Lancaster after conducting a narcotics investigation.

When deputies served the warrant, they found 100 roosters, which they suspect were involved in cockfighting, $1 million -- or five pounds -- of methamphetamine, and seven children living in dilapidated sheds.

The children, ages 4 to 17, were turned over to child welfare officials. It's unclear what relationship, if any, the children have with the accused. Deputies also found firearms during the raid as well as sparring materials and steroids that they suspect were used for the roosters.

Six adults are now charged with narcotics violations, though authorities haven't released their names. Given the details released by the sheriff's department, it's possible these individuals could end up also facing additional charges related to child abuse and animal abuse in Los Angeles.

As in any case involving a search warrant, the defendants must heavily scrutinize the affidavit prepared to get the search warrant. Investigators must have proven they had good cause to go into the property on more than a "hunch" or a "witch hunt."

And if the information they provided to the judge is false or if they misled the judge into signing for the search warrant, it's possible that the evidence collected could be deemed unusable at trial. That could lead to having the charges dropped or at least downgraded. In a case where drugs, animal abuse and child abuse are all in play, that should be one of the first things considered by a lawyer.

Continue reading "Cockfighting, Drugs, Child Abuse Alleged After Los Angeles Search Warrant Issued" »

Remember the early Punk'd episode where Justin Timberlake returns home to find Ashton Kutcher's bogus sheriff's deputies loading his possessions into a moving van? He freaked when he was told all his property was being seized. What may have made for funny television viewing, isn't at all humorous when it happens in real life. Property seizure and asset forfeiture can leave you with nothing -- no house, no car, no cash.

Under both federal and California laws, the government can seize personal property and assets believed to be connected to criminal activity. Even if you haven't been charged with a crime, the police can confiscate your house, your car, your boat, your jewelry and your cash. They don't have to pay you for it, and they can keep your property for as long as they want.

In California, if you don't respond to a notice of seizure or notice of forfeiture proceedings within 30 days, the government can take your property and you might never be able to get it back. Just to try to get your property returned, you have to file a claim.

The purpose of the forfeiture and seizure laws is to deter crime by taking the profit out of it. Originally aimed at organized crime, federal and state forfeiture and seizure laws are also used to target those suspected of committing drug crimes, tax evasion, money laundering, forgery and pornography. In fact, federal laws define more than 100 forfeiture categories. A number of the forfeiture laws specifically target drug trafficking and the use of land for the cultivation of drug plants.

If your property is seized, you need to hire a skilled criminal defense attorney to fight back. Often rental property or land owners don't realize that illegal activity is taking place on their property, yet their property can still be seized. Innocent buyers may unwittingly purchase illegally obtained possessions that can be summarily taken by police.

You do have recourse. Under third-party innocent owner exemptions, an experienced seizure and forfeiture attorney can argue that you had no knowledge of illegal activities. It is up to the prosecutor to prove beyond a reasonable doubt that the property owner was aware of any illegal activity. You can get your property returned, but in matters of asset forfeiture and property seizure, you have to act fast.

-LegalPro