Drugs - Law Offices of William W. Bruzzo

Mexican Mafia Operating in Orange County

Law Offices of William W. Bruzzo — Fri, 06 Dec 2013 22:13:00 GMT

In a combined effort with three agencies, several alleged members of the Mexican Mafia and other gangs were arrested and charged in September of 2013 in Orange County according to the Los Angeles Times.

A two and a half year long investigation by FBI agents, Orange County Sheriff’s detectives, Santa Ana police department and the Orange County district attorney’s office resulted in federal and state indictments of 129 people.

There were 55 arrests along with seizures of weapons and drugs. The charges were for extortion, racketeering, and drug dealing. Officials released some details regarding the type of criminal activities the gang members were supposedly involved in. Some were said to have been dealing drugs in the jail or involved in beatings of gang member inmates.

The district attorney’s offices explained that these crimes were ordered by the Mexican Mafia. In the streets of Orange County, the Mexican Mafia ordered gangs to be taxed in order to operate in neighborhoods. The investigation, called Operation Smokin’ Aces, uncovered communications dealings with heroin trafficking and orders for beatings.

Orange County Teenagers Dead from Overdose

Law Offices of William W. Bruzzo — Thu, 26 May 2011 17:39:00 GMT

Autopsies have identified that the cause of death of two teenagers was accidental overdose. Their bodies were found by police on January 21 2011. One victim was a 16 year old female from Huntington Beach named Chelsea A. Taylor. The autopsy revealed a combination of drugs in her system that caused her death and the death of her 15 year old male companion Aaron Saenz. Both had methadone, hydroxyalprazolam, and alprazolam. Methadone is used to treat pain and withdrawal symptoms from heroin addiction. Alprazolam is commonly use to treat depression, anxiety disorder and panic attacks; the most popular brand is Xanax. Hydroxyalprazolam is found in anti-depression medication. Saenz had doxylamine in his system, a sedative for treating insomnia. Taylor had a blood alcohol level of .03, and ethanol in her system. Officials found an empty can of the controversial Four Loko drink. Their bodies were found in an empty apartment building by a passer-by. There was no information regarding how the teens got the drugs.

Major Gang Busts in Long Beach Area

Law Offices of William W. Bruzzo — Fri, 06 May 2011 17:52:00 GMT

Investigators have arrested gang members and their associates in the Harbor Gateway and Wilmington area as part of a multi-agency operation. Federal agencies such as the ATF, DEA and local and state law enforcement completed a two and a half year investigation. Agents worked within the criminal organization, using informants and undercover agents. Within that time drugs were sold and transported as well as fire arms transactions made. Cocaine, marijuana, methamphetamine, crack cocaine, and heroin were the drugs sold by the gangs. Members of the Dodgetown Crips and Rancho San Pedro were taken into custody. Federal grand jury indictments also charged some individuals with immigration violations, methamphetamine distribution and illegal weapon sales. The operation was an attempt to tackle the criminal activities that center in the Harbor area and reach out to neighboring cities.

Armenian Gang Members Face Indictment

Law Offices of William W. Bruzzo — Mon, 28 Feb 2011 21:08:00 GMT

A federal indictment has resulted in 99 defendants with 72 of them taken into custody during the week of February 14, 2011. Some of the accused are believed to be members of the street gang Armenian Power. The charges include bank fraud, murder, extortion, robbery, illegal gambling, conspiracy to traffic drugs, kidnapping and identity theft. 29 of them will be facing RICO charges. One of the indictments deals with bank fraud and identity theft charge. Personal identification was taken from individuals including their bank account information and the Defendants later posed as the account holder over the telephone. Delivery information and addresses were changed to order checks, and then the person’s signature was forged. Accounts were drained as the checks were cashed as requested by one of the leaders of the group. The investigation also described how AP (short for Armenian Power) also worked with the Mexican Mafia and African American gangs either for protection once in prison or to bribe bank employees to retrieve information. Federal prosecutors, the FBI, alongside Los Angeles Sherriff’s Department, Glendale and Burbank Police Departments, gave a statement on Wednesday regarding the investigation.

High Stakes Attempted Murder Trial in Orange County

Law Offices of William W. Bruzzo — Fri, 18 Feb 2011 21:12:00 GMT

A fight at an Irvine home sent one man to the hospital with a stab wound to the chest back in April of 2009. The victim was Andre Murillo, and on February 8, 2011, a trauma surgeon, Dr. Nastanski, testified at the preliminary hearing of Defendant Abdullah Wahadi. The defendant is charged with attempted murder and assault with a deadly weapon. Dr. Nastanski explained that the cut had severed the outer layer of Mr. Murrillo’s heart and further explained that such a cut could cause bleeding into the chest which could have been fatal. Mr. Wahadi’s defense attorney asked the doctor about traces of marijuana and amphetamines in the victim’s blood. According to the Orange County Register the defense attorney asked Mr. Murillo about a previous incident involving him and his father. Specifically, whether or not Murillo pushed or head butted his father, which Murillo said “I don’t believe that happened”. An Irvine police officer testified as well, giving accounts from two of Mr. Murillo’s friends. Officer Flores described how one witness described seeing Wahadi punching Murillo several times, and on one occasion saw a knife. Also one witness said that the physical altercation occurred outside of the house, after an argument between the two inside the house. The article did not explain why the men had been arguing.

Generally questions about whether a victim was under the influence of drugs is only admissible where if the Defendant intends to claim self defense toward a drug crazed assailant-victim. Otherwise, such questions are usually irrelevant, not admissible and may not be asked. It is unclear what relevance asking the victim about an incident with his father since that would not appear to be relevant unless the Defendant was trying to show he was acting in self defense and the victim had a propensity for violence.

Mr. Wahadi’s only possible defenses to this case are that it simply did not happen or that he was acting in self defense or defense of others. Notably, self defense usually only permits like force with like force to be applied. So if Mr. Murillo was using his fist and Mr. Wahadi used a knife that may not qualify as self defense.

Irvine is generally considered one of the safest places in America and is consistently on top 10 lists for American cities with little crime. For such a serious crime to have been committed there has been a shock to the locals. If convicted Mr. Wahadi could face life in prison. See Penal Code Sections 664-187, 245(a) (1).

Recent Drug Trends in Orange County

Law Offices of William W. Bruzzo — Fri, 14 May 2010 04:01:00 GMT

Recent shifts in drug choice have officials alarmed. In South Orange County, a place comprised of middle to upper class neighborhoods, prescription drug users are now turning to heroin because of its lower costs compared to Vicodin and Oxycotin. However, most users are resorting to smoking heroin instead of injecting it to avoid the stigma of being a “junkie.” Cocaine users are also searching for cheaper alternatives and thus turning to methamphetamine.

Orange County and surrounding counties see a higher rate of drugs and lower prices compared to the rest of the country due to their proximity to Mexico. Drugs often pass through this area before being distributed across the country. According to a 2010 National Drug Threat Assessment, heroin production in Mexico which was headed for the U.S. increased from 17 tons in 2007 to 38 tons in 2008—an over two-fold increase. And despite violent wars between drug cartels in Mexico, the availability of most drugs continues to increase. See Health and Safety Code Sections 11377, 11378, 11350, 11351.

Woman Flees From Police in Orange County

Law Offices of William W. Bruzzo — Tue, 19 Jan 2010 17:10:00 GMT

A woman evaded the police in Huntington Beach, Orange County on January 13, 2010 after being pulled over around 12:30 a.m. Police suspected she was on drugs and were discussing the situation, when the woman suddenly fled in her vehicle and headed south on Pacific Coast highway. The woman led the police on a chase from Huntington Beach to Laguna Beach, where she eventually crashed into a guardrail after running over spike strips police had laid out. The woman did not suffer any injuries and was taken to jail on possible charges of Vehicle Code Section 2800.1. The code section specifies that “any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist: (1) The peace officer’s motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp. (2) The peace officer’s motor vehicle is sounding a siren as may be reasonably necessary. (3) The peace officer’s motor vehicle is distinctively marked. (4) The peace officer’s motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform.” Notably, this crime can also be a felony under vehicle code section 2800.2 if in addition to fleeing the police the individual drives with a wanton, willful disregard for the safety of persons or property. That crime can carry a maximum of three years even without causing any injury or property damage.

DUI Arrests Made at Checkpoints

Law Offices of William W. Bruzzo — Thu, 31 Dec 2009 23:02:00 GMT

A total of 17 arrests were made for suspicion of drunk driving at two checkpoints in Orange County in the city of Garden Grove over the weekend before Christmas. Police have impounded 38 vehicles for drunk driving to include drivers who were driving without a valid license.

California Vehicle Code 23152(a) [VC 23152 (a)] prohibits any person from driving under the influence of alcohol or drugs. Note that an amount of drugs is not specified so any amount of drugs or alcohol that impairs one driving as determined by the arresting officer and/or eventually a jury, can cause one to be convicted of that crime. Drugs can include prescription drugs taken as directed! This is distinct from California Vehicle Code 23152 (b) [VC 23152 (b)] which prohibits driving a vehicle with a blood alcohol level over 0.08. The driver must be at or over the legal limit for vehicle code section 23152 (b) to apply. Also, it only applies to drivers under the influence of alcohol. A first time DUI carries a maximum sentence of 6 months in jail and a $1500.00 fine; however, most first time DUI offenders do no jail time as long as there was no accident or other aggravating factor.

In order for a “stop” to be valid at a DUI checkpoint, the police must follow certain rules. If they fail to follow the rules the stop can be ruled invalid and the evidence collected excluded which can cause the case to be dismissed regardless of the blood alcohol level or other evidence. The Law Offices of William W. Bruzzo has substantial experience working with checkpoint/DUI cases.

California Vehicle Code Section 12500 (a) states: “A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code.”

Driving without a valid driver’s license in California is a “wobbler” – meaning, depending on the circumstances, prosecutors can charge this offense as a misdemeanor or infraction. The police can charge you with a violation of this vehicle code section for any of the following: (1) never obtaining a driver’s license, (2) failing to renew your driver’s license after expiring, (3) failing to obtain a California driver’s license after establishing residency, or (4) being ineligible for a drivers license in this state (for example, being an illegal immigrant).

The main factor that prosecution looks at in deciding whether to charge you with a misdemeanor or an infraction is your driving record. If this is your first offense or if you subsequently obtain a valid driver’s license, they may charge you only with the infraction or even go on to dismiss the case with the help of an experienced criminal defense attorney.

One can receive up to six months in jail for the above misdemeanor offense as well as informal probation for up to three years and a maximum fine of $1,000.

As the New Year Holiday begins, remember don’t drink and drive, use a designated driver. Happy New Year!

Possession of a Controlled Substance

Law Offices of William W. Bruzzo — Mon, 07 Dec 2009 01:13:00 GMT

Notably, while these charges usually concern “street drugs” like Cocaine and Methamphetamine they can also apply to substances commonly thought of as medications.

If you are found in actual possession of the drug or “constructive” possession of the drug you may be found guilty of the offense. Constructive possession means that the drug may not be on your person but you knowingly exercise control over or the right to control the drug, either directly or through another person or persons. In order for the prosecution to prove its case they must show that the person knew the substance was a controlled substance and that there was enough of the drug to constitute a usable amount.

In California this offense is a felony and you may face up to three years in prison. Here is a recent case result:

“I was charged with Health and Safety Code Section 11377(a)(Possession of a controlled substance HS 11377(a)a felony which carries a maximum of 3 years in prison. I had previous convictions for the same charge and I had similar charges pending. I was also charged with driving on a suspended license (Vehicle Code Section 14601.1 – VC 14601.1) and possession of paraphernalia (Health and Safety Code Section 11364 – HS 11364(a)) as misdemeanors. I hired Mr. William Bruzzo because he was recommended by another attorney and because of his familiarity with the Orange County courts and the District Attorney. The original offer prior to hiring Mr. Bruzzo was 180 days in jail and pleading guilty to a felony. Mr. Bruzzo convinced the District Attorney there was not a useable amount of the controlled substance and that my driving on a suspended license was justifiable by Necessity, even though I had priors [convictions] for [that charge] too. Mr. Bruzzo got the possession charge DISMISSED [Health and Safety Code Section 11377(a) – HS 11377(a)]and the Vehicle Code Section 14601.1 [Driving on a suspended license – VC 14601.1] DISMISSED. I pleaded guilty to one count of possession of paraphernalia as a misdemeanor [Health and Safety Code Section 11364(a) – HS 11364] and I got CAL TRANS [instead of jail]. I would enthusiastically recommend Mr. Bruzzo for any possession of a controlled substance case or any criminal matter.” ~~ CK, December 9, 2009

Text Messaging and Driving Recklessly Deadly Combination

Law Offices of William W. Bruzzo — Wed, 04 Nov 2009 04:56:00 GMT

A jury has convicted Jeffrey Woods of vehicular manslaughter with gross negligence while intoxicated PC 191.5 (a) for the incident occurring in August of 2007. The truck Woods was driving crashed into the side walk and hit a 14-year old on his bike. Woods was on Vicodin and Xanax while also text messaging and driving recklessly, a deadly combination. The defense argued that Woods has epilepsy and that it was a seizure that made him lose control of the vehicle. The argument then becomes whether it was the drugs and multitasking during driving that caused the accident or if it was a seizure. According to the Criminal Jury instructions the prosecutor must prove beyond a reasonable doubt that a defendant is guilty. Meanwhile, the defense presents an alternative reasonable conclusion that points to the innocence of the defendant. The O.C. Register article on the case quoted a juror who explained that “there were some inconsistencies with the amount of seizures and whether they did happen or didn’t happen”. The evidence presented by the defense was not enough to sway the jury to another reasonable explanation for what happened.

Mr. Woods faces up to 10 years in prison for this offense.