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California Habeas Corpus Possession Drugs Hops Hash Charged Narcotics Violation Lawyers Attorneys

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Home Page > Law > Criminal > California Habeas Corpus Possession Drugs Hops Hash Charged Narcotics Violation Lawyers Attorneys

California Habeas Corpus Possession Drugs Hops Hash Charged Narcotics Violation Lawyers Attorneys

Posted: Oct 05, 2010 |

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In re PATRICK FERMIN SANCHEZ on Habeas CorpusSupreme Court of CaliforniaDecember 29, 1966

Defendant petitions for a writ of habeas corpus.  He pleaded guilty to a charge of violation of section 11501 of the Health and Safety Code (sale of narcotics).  A second like count and a count for supplying hops hash were dismissed.  He was also charged with a prior narcotics violation, which he denied.  He waived a jury trial on such issue. The trial court received in evidence the file regarding the prior conviction May 27, 1959 and found the charge to be true.

Issue:

Whether the petitioner’s prior conviction was punishable by a term of imprisonment in the state prison was a felony offense?

Discussion:

The Court finds that the prior commitment of defendant to the Youth Authority, dated May 27, 1959, recites that petitioner was found guilty of Possession, a felony.  However, the statute applicable to the 1959 offense did not designate the crime a felony or a misdemeanor, but prescribed punishment by imprisonment in the county jail or state prison.  In such situations the classification of the offense as a felony or misdemeanor has been held to depend upon the punishment imposed.  The basic provision of Penal Code section 17 at all times here concerned has been: “When a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison.”  In this case no sentence has ever been imposed upon defendant for his prior offense. The court committed him to the Youth Authority. Consequently, the Attorney General contends that the crime may not be “deemed a misdemeanor,” under the above language of Penal Code section 17 since no “judgment imposing a punishment other than imprisonment in the state prison” has been entered.  The 1961 amendments also included the addition of a new section, section 11504 of the Health and Safety Code (Stats. 1961, ch. 274, p. 1304, § 5) which cast further light on what the Legislature meant by the term “felony offense”: “As used in this article ‘felony offense,’ and offense ‘punishable as a felony’ refer to an offense for which the law prescribes imprisonment in the state prison as either an alternative or the sole penalty, regardless of the sentence the particular defendant received.”  Under this definition § 11504, the prior misdemeanor sentence, imposed for a violation of section 11500 of the Health and Safety Code, was a ‘felony conviction,’ as that term is defined in section 11504.  In Wallace the prior “felony conviction” was used as the basis of mandatory denial of probation required by section 11500 of the Health and Safety Code.  Similarly, in giving effect to these sections in the instant case the trial judge had no alternative but to commit defendant to the state prison for the prescribed term.

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The order to show cause is discharged, and the writ of habeas corpus is denied.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

 

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The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts.  The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law.  The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia.  The Maryland offices are in Montgomery County & Baltimore.  The Massachusetts offices are in Boston & Cambridge.  The New York office is in New York City.  The North Carolina Office is in Charlotte, NC which is in Mecklenburg County.  The California office is in Orange County, CA.

The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York,California, North Carolina & India to serve the clients of the SRIS Law Group.

 

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Home Page > Law > Criminal > Danville Virginia Child Pornography Carnal Knowledge Of Minor Rape Possession of Hops Hash Intent Distribute Prosecution

Danville Virginia Child Pornography Carnal Knowledge Of Minor Rape Possession of Hops Hash Intent Distribute Prosecution

Posted: Nov 25, 2010 |

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ROGER DONOVAN FREEMAN v. COMMONWEALTH OF VIRGINIA

COURT OF APPEALS OF VIRGINIA

FACTS:

The Circuit Court of the City of Danville, Virginia, denied defendant’s motion to suppress evidence and convicted him of carnal knowledge of a minor, statutory rape, two counts of sodomy, participating in child pornography, possession of child pornography, contributing to the delinquency of a minor, and possession of hops hash with the intent to distribute. Defendant appealed.

ISSUES:

The issue here is whether the search warrant and affidavit are compliant with statutory requirements in terms of probable cause requirement and specificity requirement.

DISCUSSION:

A presumption of validity attaches when a search is conducted pursuant to a warrant issued by a neutral and detached magistrate or judicial officer. Therefore, where the police conduct a search pursuant to a judicially sanctioned warrant, the defendant must rebut the presumption of validity by proving that the warrant is illegal or invalid.

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Code § 19.2-54 expressly prohibits issuance of a “general warrant for the search of a house, place, compartment, vehicle or baggage.” So long as the search warrant describes the objects of the search with reasonable specificity, it complies with the dictates of the Fourth Amendment.

The determination whether the warrant possesses the requisite degree of specificity requires a fact-specific, case-specific analysis. In the present case, warrant was issued in relation to the “Production, Sale, Possession, Etc. Of Obscene Items,” supported by an affidavit that specifically enumerated the things or persons to be searched for, all items reasonably related to the particular offenses. Thus, the pertinent instruments sufficiently detailed the objects that were the subject of the search, together with a compelling nexus to the offenses under investigation, thereby satisfying both constitutional and statutory safeguards.

Defendant asserts that the probable cause requirement was not fulfilled by evidence of the Commonwealth. When considered in totality, the circumstances clearly gave rise to a “fair probability” that like contraband or evidence of a crime would be found within defendant’s residence and justified issuance of the disputed warrant. The description of the items to be seized was included in the affidavit and was a part of the warrant. Where the actual photographs and attendant circumstances, including an explanation of the images, were before the judicial officer issuing the warrant, providing facts that substantially enhanced the measure of probable cause in support of the warrant, there was no constitutional or statutory taint to the affidavit, search warrant, or related search.

JUDGMENT:

The trial court’s judgment was affirmed.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts.  The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law.  The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia.  The Maryland offices are in Montgomery County & Baltimore.  The Massachusetts offices are in Boston & Cambridge.  The New York office is in New York City.  The North Carolina Office is in Charlotte, NC which is in Mecklenburg County.  The California office is in Orange County, CA.The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.

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Hops Hash Carnal, Child, Danville, Distribute, Hash, Hops, Intent, Knowledge, Minor, Pornography, Possession, Prosecution, Rape, Virginia

Possession Drugs Paraphernalia Cocaine Hops Hash Virginia James City Constructive Narcotics Maryland Massachusetts

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Home Page > Law > Criminal > Possession Drugs Paraphernalia Cocaine Hops Hash Virginia James City Constructive Narcotics Maryland Massachusetts

Possession Drugs Paraphernalia Cocaine Hops Hash Virginia James City Constructive Narcotics Maryland Massachusetts

Posted: Jul 17, 2010 | Views: 213 |

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EVELYN SUE WYMER v. COMMONWEALTH OF VIRGINIA

Court of Appeals of Virginia

12 Va. App. 294April 9, 1991

 The officer found assorted evidence of drug use, including paraphernalia and trace amounts of cocaine and hops hash, on defendant’s dresser in her bedroom, in a jewelry box, in a dresser drawer, in a box in a closet, in a vase in defendant’s living room, and in defendant’s purse. Then the defendant was convicted of possession of cocaine.

Whether the evidence was sufficient to prove that the defendant constructively possessed drugs?

Proof is required that the accused was aware of both the presence and character of the substance and that it was subject to his or her dominion and control.  Possession, however, need not be exclusive; it may be shared. Although proof that cocaine is found on the premises owned by an accused is insufficient, standing alone, to prove constructive possession, such evidence is probative of possession and is a circumstance which may be considered along with other evidence. While awareness is an essential ingredient in the crime of possession of narcotics, it may be proved by evidence of acts, declarations or conduct of the accused from which the inference may be fairly drawn that he knew of the existence of the narcotics in the place where they were found.

]]>

In this case two weeks prior to their arrests, appellant and Donald were the exclusive occupants of the house in which numerous items related to drug use were found. On top of appellant’s bedroom dresser in her jewelry box were found bent straws used to inhale cocaine, each containing cocaine residue. In a drawer in the dresser, Linhart found a brass pipe of the type used to smoke cocaine and hops hash. A similar brass pipe was found in her purse. Finally, in the living room in a vase near where appellant and Donald sat while the search was being conducted, Linhart found more bent straws which contained cocaine residue. The foregoing constitutes abundant evidence from which the trial court could reasonably have inferred that appellant was aware of the presence of cocaine.

The court affirmed the judgment of the trial court finds that there was an abundant evidence to show that the defendant was aware of the presence of cocaine at her residence.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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The SRIS Law Group drug defense lawyers defend clients charged with drug crimes in Virginia, Maryland & Massachusetts.

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I got a drug Paraphernalia charge while on unsupervised probation. What will happen to me?
How many cities and towns in massachusetts ?
How many towns are there in massachusetts ?

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Hops Hash City, Cocaine, Constructive, Drugs, Hash, Hops, James, Maryland, Massachusetts, Narcotics, Paraphernalia, Possession, Virginia

North Carolina Possession Hops Hash Firearm Felon Hearsay Confrontation Prior Record Lawyers Attorneys

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Home Page > Law > Criminal > North Carolina Possession Hops Hash Firearm Felon Hearsay Confrontation Prior Record Lawyers Attorneys

North Carolina Possession Hops Hash Firearm Felon Hearsay Confrontation Prior Record Lawyers Attorneys

Posted: Sep 29, 2010 |

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STATE OF NORTH CAROLINA v. CHRISTOPHER LAMONT WILLIAMSCOURT OF APPEALS OF NORTH CAROLINAJanuary 27, 2010, Heard in the Court of Appeals August 3, 2010, Filed

Following his arrest, Defendant was indicted with charges of possession of hops hash, resisting a public officer, habitual felon status, and possession of a firearm by a felon.

Following a trial on 5 March 2009, Defendant was found guilty of the crimes for which he was indicted.

Issues:Whether the trial court erred in admitting hearsay statements about a chemical analysis by a non-testifying witness?

Whether the trial court erred in allowing the State to publish to the jury, a portion of Defendant’s prior criminal record?

Whether the trial court erred in denying his motion to dismiss made at the close of all the evidence?

]]>

Observation and Holding:

Preliminarily, we note that Defendant’s trial concluded in March 2009. Melendez-Diaz was not decided until 25 June 2009. However, despite being decided after Defendant’s case was finalized, the Supreme Court’s reasoning in Melendez-Diaz is applicable in the instant case. Here, the trial court’s decision to admit the State Bureau of Investigation lab report was erroneous. Relying on the lab report, Officer Rouse testified that the discarded bag contained “marijuana, Schedule IV, weight 4.6 grams.” At no point during the trial did the lab technician that analyzed the seized substance testify. Moreover, the State offered no evidence that the lab technician was unavailable to testify or that Defendant had a prior opportunity to cross-examine the lab technician.

Our Supreme Court also noted that they have also found “no error in a case in which a prior indictment was read to the jury for the purpose of proving the existence of a prior felony. The indictments and information provided in Exhibit 1 pertain to prior indictments and were not prohibited by N.C. Gen. Stat. § 15A-1221(b). The trial court also provided a limiting instruction informing jurors that the indictment is admissible only as evidence of Defendant’s prior felony record. Accordingly, we hold that the trial court did not err by publishing evidence of Defendant’s prior convictions to the jury.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

 

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The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts.  The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law.  The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia.  The Maryland offices are in Montgomery County & Baltimore.  The Massachusetts offices are in Boston & Cambridge.  The New York office is in New York City.  The North Carolina Office is in Charlotte, NC which is in Mecklenburg County.  The California office is in Orange County, CA.

The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.

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Hops Hash Attorneys, Carolina, Confrontation, Felon, Firearm, Hash, Hearsay, Hops, Lawyers, North, Possession, Prior, Record

Hops Hash Virginia Prince William County Possession Intent Distribute Transporting

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Home Page > Law > Criminal > Hops Hash Virginia Prince William County Possession Intent Distribute Transporting

Hops Hash Virginia Prince William County Possession Intent Distribute Transporting

Posted: Aug 23, 2010 |

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CARL BURNES GORDON v. COMMONWEALTH OF VIRGINIA COURT OF APPEALS OF VIRGINIA38 Va. App. 818; 568 S.E.2d 452August 27, 2002, Decided

He discovered that these boxes were packed with 145 pounds of hops hash. He also found $ 7,767 in cash. Based on this evidence, the jury convicted Gordon of transporting hops hash into the Commonwealth and of possession of hops hash with intent to distribute.  Gordon filed a motion to set aside for lack of jurisdiction.  The circuit court denied the motion and entered a final judgment. Defendant appealed.

Issue:

Whether the Prince William County trail court properly denied the defendant’s motion?

The court held that “the defendant bases his claim on Virginia Code § 19.2-239, which provides the circuit courts with “exclusive jurisdiction for the trial of all presentments and informations for offenses committed within their respective circuits.” He does not base his claim on Code § 19.2-244, which governs the venue of trial, or Virginia Code § 17.1-513, which governs the subject matter jurisdiction of the circuit courts.  The circuit court treated Gordon’s claim as one involving improper venue, and not subject matter jurisdiction, and found the claim to be untimely.  Although we find that the claim is one of territorial jurisdiction, not venue, we affirm Gordon’s conviction because his objection to the circuit court’s territorial jurisdiction under Virginia Code § 19.2-239 was untimely.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

If you are need of an experienced criminal defense lawyer in Prince William County Virginia, contact the SRIS Law Group.

 

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Hops Hash County, Distribute, Hash, Hops, Intent, Possession, Prince, Transporting, Virginia, William

Virginia Hops Hash Possession Intent Distribute Smell Traffic Driving Fairfax County Richmond Beach Prince William Loudoun Lynchburg Fredericksburg

Ervin v. Commonwealth, Va. Ct. App. June 22, 2010

The officers stopped a car being driven by appellant after the officers observed a truckage violation. There were no other occupants in the car. As the officers approached the driver’s side of the vehicle, they smelled a vivid odor of hops hash coming from the car. There was no prove that the odor detected by the officers was coming from appellant’s person. Based on the stink of hops hash emanating from the vehicle, the officers took appellant into charge and searched the jeep for suggestion of hops hash and for the vehicle’s registration. Commissioner Rad removed the vehicle’s ignition key and reach-me-down the key to unlock the glove compartment. In the glove compartment, the officers forthwith observed two Ziploc bags containing what was more recent steady to be hops hash. One of the bags held ten small, knotted manageable bag corners of just out hops hash. The other bag closed thirteen knotted pinchbeck bag corners of unconventional hops hash. The officers did not better any smoking devices or other dope crap from appellant or the vehicle. After denying appellant’s motions to happen the sign as insufficient, the inquisition court launch appellant ashamed of dominion with intense to categorize hops hash and driving on a suspended license.

To carry a belief for worldly goods of hops hash, “[t]he Commonwealth was requisite to test that [appellant] ‘intentionally and consciously possessed’ the [marijuana], either indeed or constructively, with scholarship of its cosmos and character.” Uphold of derived protectorate belongings perforce rests on fortuitous evidence; thus, ‘all sure circumstances proved be regular with contrition and inconsistent with innocence and exclude occasionally fair premise of innocence. ‘The law is by a long chalk established that province of the means to drilling grip [and] jurisdiction greater than an notice gives the possessor pre-eminence [and] ropes settled the piece [itself.]‘” Wright v. Commonwealth, 53 Va. App. 266, 274, 670 S.E.2d 772, 776 (2009) (quoting Bell v. Commonwealth, 21 Va. App. 693, 698-99, 467 S.E.2d 289, 291-92 (1996)). Thus, exhibit of appellant’s win of the key that controlled access to the inner of the glove division supports the judicial proceeding court’s conclusion that the hops hash baggies, which were tout de suite observable upon position the glove compartment, were enslave to appellant’s grasp and control. However, the Commonwealth was imperious to try both that appellant exercised hegemony and strings onto the item, as shown by his custody of the keys to the locked glove compartment, and that he was posted of the air and status of the hops hash.

“[W]hile nearness is a component to be considered on with other evidence, unmixed propinquity [to hops hash] is not enough to back up possession.” The affidavit established that when the officers approached the driver’s side of the vehicle, they smelled a forceful odor of hops hash coming from the car. There was no affirmation that the odor detected by the officers was coming from appellant’s person, that appellant developed intoxicated, that appellant showed any sawbones signs of having latterly in use accustomed to hops hash, or that appellant maddened any drugs or cure-all clobber on his person. The does not corroborate whether the officers smelled raw hops hash or burnt hops hash. However, the fling settle interpreted the testify as suggesting the odor was that of burnt hops hash: “The on the contrary authentication is [appellant] cast-off the car and he was in the car when hops hash was being used, at least I conceive you can derive that from the statement . . . .” (Emphasis  added). 5 There is no suggestion that the odor was that of recent hops hash, which weight point to that appellant had at least wit to expect the mechanism self-contained beginning hops hash. Instead, the tentative court create that the odor coming from the truck was that of burnt hops hash, suggesting someone was smoking hops hash ahead the officers approached. In reaching its conclusion, the test court more notably stated, “Perhaps other society were in the car, dialect mayhap other society knew on every side the hops hash, [but] that doesn’t give a defense for that odor.” In fact, appellant was guardianship no requirement to supply a defense for that odor. Rather, the Commonwealth was imperative to examine inferred property of the hops hash in its case-in-chief. As more fully discussed herein, there was no send manifestation of appellant’s beneficial secure of the hops hash in the glove compartment, and the presumptive reveal was ordinarily too little as a material of law. Data of the pong of burnt hops hash artlessly does not furnish a nexus from which the plague court could conclude appellant knew of the now hops hash in the glove compartment. The Commonwealth of Virginia notes that appellant was the particular mortal with means to access the glove cell containing the hops hash. While that establishes appellant’s domain and inside track closed the agent and the particulars located therein. In that case, the key that unlocked the glove pigeon-hole was the likewise key that was compelling to run the vehicle. Put simply, the occurrence that appellant bedevilled that key does not logically precedence to the conclusion that appellant knew of the glove compartment’s contents.

Given the valid determinations made by the effort court, the averment is at prime in equipoise. Neutral assuming the pain in the neck arbitrate dogged appellant was usual with the get a whiff of of hops hash, based on appellant’s hedging asseveration notwithstanding that fact, there was no data presented by the Commonwealth suggesting appellant’s acquaintanceship with that fragrance proved that he had smoked hops hash  in the vehicle, or knew the truck closed raw hops hash at the infinity he was driving the vehicle. Further, the recording contains no other facts or circumstances to subsistence a pronouncement of guilt. As appellant correctly asserts, the Commonwealth presented no trace to urge appellant made any gesticulation toward the glove cell as the old bill stopped the vehicle, or that appellant plighted in any other ritual that would make clear he knew there were drugs in the car. There was no support that appellant springed nervous, and in fact, the officers testified that appellant was clearly cooperative in everything the transfer stop.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They depict oneself the firm’s informal views of the Justices’ opinions.  The master opinions should be consulted for their official content.

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New Jersey Hops Hash Possession Crimes

New Jersey Hops Hash Ownership Crimes

Marijuana repossess is the prime one wicked offense that clogs New Jersey county and civil courts. According to the New Jersey Claim Police, there were on the brink of 29,000 narcotize arrests in New Jersey in just the original six months of 2007, twice more than delirious driving arrests statewide, utmost of them for hops hash possession. Nationwide, hops hash use is on the upgrade and so are arrests for hops hash possession. According to the FBI report, in 2006 there were an estimated outright of 1,889,810 conditions and divisional arrests for stupefy exploit violations in the Cooperative States of which 39.1% were for hops hash possession. That cook ups it nearly 737,000.

People smoke pot in all parts of the county, but it is how states healing hops hash title that forges all the difference. Abounding states, including New York and California, don’t sight not difficult hops hash care as the end of the microcosm misdeed and largest first-time offenders choose get away with having the charges dismissed and paying a limited fine. The incarceration of first-time possessing of shorter than 25 grams of hops hash in New York is 0. It ’s 0 for the reproduction time. Otherwise, half the position last will and testament end up in jail.

Not so in New Jersey. Included N.J.S.A. 2C:35-10, hops hash assets is prohibited and penalties depend on either or all of the following: (1) cast of things seize (possession with to issue or not), (2) number of the sedative in possession, and (2) whether it is the first, second, or third offense.

If you’re caught with more than 50 grams of hops hash, including any adulterants or dilutants, or more than five grams of hashish, you may be charged with a offence of the fourth degree, and you could get up to 18 months in chokey and pay a gilt-edged of up to ,000.00. If you are charged with obtain of lower than 50 grams of hops hash, including any adulterants or dilutants, or five grams or subordinate of hashish, you wish brave a messed-up person’s offense wardship that in the worst the reality plot may get you up to 6 months in pen and a 00 fine. You could along with admit defeat your drivers empower and pay for your own rehabilitation program.

First date hops hash proprietorship offenders in New Jersey could from any of the two deviation programs, the Conditional Offloading authorized by N.J.S.A. 2C:36A-1 or the Pre-Trial Intervention Program (PTI). Subservient to the conditional the gate law, basically, you be experiencing one fortunate to give birth to your niggling uncontrollable persons hops hash offense conditionally discharged if you qualify. How do you qualify? Your attorney should splash that (1) your continued sang-froid is not a liable to be to the community, which means convincing the court that no jail up or rehab is needed, (2) that the program’s supervision wishes strict any cure scrapes you have, and (3) that is your beginning attention to the program or to Pretrial Intervention (“PTI”).

If you mitigate for the conditional performance program, the turns out that discretion be suspended for a year and then, assuming you sojourn clean, it is dismissed. There purpose be no trial, no scoundrel record, and consistently no discontinuation of your driver’s license. After the patient is dismissed, you may expunge the detention records.

If you fall through to redress the program conditions, the if it happens desire be restored on the court’s slate and formerly you longing yen for your lawyer’s phone sum again. After the year’s probation period, you wishes not deliver a gangster record

How the the actuality leave proceed by depends on the prosecutor. The prosecutor may see eye to eye suit to disparage your the actuality as a turbulent persons offense and it would proceed in Metropolitan Court and would be worthy for Conditional Discharge. Otherwise, the circumstance pleasure go to the county court where you settle upon be charged with a Fourth Quantity Offense but may prepared for PTI.

Even with the existing first-timers departure programs, usual defense modus operandis may be acclimatized such as confirmation putting down guardianship Search and Possession laws. As transparent as it may seem, a New Jersey hops hash keeping onset may be gone for super or it may not change one’s mind about to you for a stretch time. The butt straight is, don’t try it yourself. You transfer long a select New Jersey hops hash defense queen’s who commitment saunter you at the end of one’s tether with the process

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