health-and-safety-code - Law Offices of William W. Bruzzo

Police Arrest Drug Ring in Possession of $17 Million in Ecstasy Pills

Law Offices of William W. Bruzzo — Mon, 16 Aug 2010 02:44:00 GMT

Authorities managed to arrest a group suspected of manufacturing and distributing Ecstasy pills. A federal grand jury indicted 15 men for either manufacturing or distributing or both. The organization was based out of the City of Industry and run by Jimmy Luong. Over the course of seven months officials found firearms, $500,000.00 in cash and 33 kilograms of cocaine along with the Ecstasy pills. The street value for the pills is $17 million. The suspects are from LA County or Orange County and were brought in by the DEA with assistance from the Beverly Hills Police department. Distribution or manufacturing of Ecstasy is a violation of Health and Safety Code Sections 11378 and 11379.

Curfew in Buena Park

Law Offices of William W. Bruzzo — Thu, 06 May 2010 04:06:00 GMT

In en effort to combat delinquency Buena Park Police Department and other agencies conducted a curfew violation sweep. According to the Orange County Register officials arrested 10 minors, two suspected of possession of ecstasy pills, and one convicted of a sex offense. Along with the BPPD, counselors from Community Service Programs Inc. were involved to lend services. The minors were taken to the police station and their parents were called to come pick them up. Then officials from the Probation Department and District Attorney’s office spoke to the parents about the curfew laws. Curfew hours are from 10pm to 5am in Buena Park. See Penal Code Section 602, Health and Safety Code Section 11378.

Return of Property

Law Offices of William W. Bruzzo — Thu, 11 Feb 2010 04:27:00 GMT

Kris Jones was arrested just one day before his birthday in Huntington Beach, Orange County. During his arrest $700 was taken from him, which included birthday money from his family. Huntington Beach police arrested Jones on suspicion of: selling marijuana and possession of a controlled substance with the intent to sell(Health and Safety Code Sections 11351, 11378). Jones later pleaded guilty to the charges and was sentenced to serve three years of probation in addition to 90 days in jail.

Jones has now filed a claim against the city of Huntington Beach asking for the return of the $700 which was confiscated by police on the date of his arrest. Jones will soon go before a judge who will determine whether the money will be given back or not. Money that is part of evidence of the crime is unfortunately never returned and rather– permanently confiscated. Thus, it’s in one’s interest to have a criminal defense attorney prepare a written motion for the return of property and make an articulate argument in court to have a successful outcome in court.

Orange County Home Invasion Probably Drug Related

Law Offices of William W. Bruzzo — Wed, 13 Jan 2010 18:34:00 GMT

Three gang members allegedly broke into a home on New Year’s Eve in Tustin, Orange County, California. One of the suspects pistol whipped the resident and ran off with about $200 according to the Orange County Register. A car chase through Tustin and into Santa Ana ended up with the suspects fleeing on foot. The owner of the car was Jose Zendejas, he was arrested in Long Beach. A second suspect Ernesto Garcia was arrested in Santa Ana and both men are being charged with robbery (Penal Code Section 211) and street terrorism (Penal Code Section 186.22). A third suspect Alberto Penaloza is being charged with robbery, possession of a controlled substance for sale (Health and Safety Code Sections 11359, 11378, 11351) and as convicted felon in possession of a stolen firearm (Penal Code Section 12021(a)(1). An amount of methamphetamine was found and evidence of drug sales (Health and Safety Code Section 11378). Examples of evidence the drug is for sale include if the substance is packaged in individual amounts, the amount of the drug, if scales are found with the drug and/or a significant amount of small bills.

California Voters to Have Final Word on Pot Dispensaries

Law Offices of William W. Bruzzo — Wed, 30 Dec 2009 00:33:00 GMT

The discussion regarding legalizing marijuana and dispensaries in LA County continues to be in the spotlight. With the number of dispensaries growing in the county the debate of the impact of such establishments on the community is growing as well. There is the side that argues marijuana proves to be useful for managing medical conditions that involve pain. It has also been suggested that there is a significant amount of revenue the state could gain from legalizing pot (as well as a way to address the state fiscal crisis while not raising taxes). With more then four thousand signatures currently, a petition has been circling in order to add the issue to the November 2010 ballot. Federal policy has shifted for certain aspects of possession of a limited amount of marijuana, refocusing efforts on other fronts of the illegal drug trade instead. California voters could vote to allow local authorities like cities and counties to draft their own laws regarding medicinal marijuana. (See Health and Safety Code Section 11357(a, b), [H&S 11357(a), (b), Health and Safety Code Section 11358, [H&S 11358], Health and Safety Code Section 11360(a, b), [H&S 11360].

Here is KCAL9 News reporting recently on the Los Angeles City Council’s decision to delay a medical marijuana dispensary vote until January 2010.

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