Category Archives: Drug Charges

22 students arrested in drug sting (Sam Spital)

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COMMENTARY BY SAM SPITAL, CRIMINAL DEFENSE ATTORNEY- SAN DIEGO:

“Fox 5 digital news reported on December 12, 2012 an illegal drug ring was discovered by an undercover drug investigation in which officers posed as students in several high school campuses in the Temecula Valley area of Riverside County, a community adjacent to San Diego. In total there were 22 arrests of which 20 minors were taken to Juvenile Hall and 2 adult students taken into custody were arrested for sales of narcotics and child endangerment. Seized in the sting were cocaine, heroin, methamphetamine (meth), ecstasy, LSD, marijuana and illegal prescription drugs.

It strains credulity that so many of our youth fall into the trap of experimenting with and/or using drugs to feel good. Life has many challenges, but equally true is the fact there are far greater opportunities. However, we have to question whether our schools are providing sufficient information, case studies and material in their curriculum as well as using appropriate resources to build self-esteem, positive values, goals and dreams to motivate students to achieve happiness. Instead, far too many students experiment with drugs in order to get ‘high.’ Substituting artificial, extremely dangerous and addictive drugs only to provide an extremely short lived result can only lead to a trap as in the case of quick sand, offering no long term pleasure, relief &/or remedy while posing the risk of a life time of further complications as well as death. Although so much money is spent to solve social ills and problems, it hardly seems to have had a sufficient impact to reduce the scourge of illegal possession, use and sales of drugs and narcotics.”

–Sam Spital

Two men in custody after Del Mar beach drug bust (Sam Spital)

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Commentary by Drug Defense Lawyer Sam Spital:

“On November 25, 2012, it was reported in the UT SAN DIEGO online edition that approximately 2000 pounds of marijuana was seized at about 3:45 a.m. in clear view in two trucks at a Del Mar beach parking lot. It is believed the suspects were waiting for others to buy &/or distribute the marijuana, and because it was foggy they did not think anyone would see them.

In what may be a related event, an abandoned boat washed up to the shore. If not part of drug trafficking, it may have been used to smuggle people across the border.

The writer did not elaborate upon any other facts in order to better evaluate a possible defense strategy.”

–Drug Defense Lawyer Sam Spital

 

Drug Bust Reveals Meth Now Being Disguised as Liquor (Sam Spital)

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COMMENTARY BY DRUG DEFENSE ATTORNEY SAM  SPITAL:

“ABC 20/20 News online reported on November 20, 2012, that officers of the CHP during what now has commonly become a routine drug stop on Highway 5 in Fresno County, seized 15 bottles of tequila worth about $500,000 that were filled with 56 pounds of liquid methamphetamine (Meth). The defendants were arrested on drug charges for drug trafficking and attempting to distribute drugs across state lines.

Meth use has exploded across America. Apparently a new trend of drug cartels in Mexico in distributing the drugs throughout the United States is to disguise them in a liquid form as they are transported from one region to another. Drug lords use Highway 5 as the corridor from Mexico to the United States and Canada for transporting illegal drugs and narcotics.

The most common ingredient that is used to manufacture Meth is Pseudoephedrine, which is sold in drug stores as cold medicine. Federal law limits the purchase to seven packages per month per customer or no more than nine grams. To get around these limits, meth users recruit and often team up with unsuspecting other individuals to purchase the maximum; this is called “smurfing,” which is named after TV, movie and comic small blue fictional creatures called Smurfs.  Oregon is the first state to require a prescription for cold medicine, thereby limiting the purchase of massive quantities of cough and cold medicine. The Pharmaceutical industry is seeking to establish a computer system to track these drug purchases to avoid the need for prescriptions and otherwise permit the legal use from being restricted.”

DRUG DEFENSE ATTORNEY SAM  SPITAL

Teen Recruits Smuggling Drugs Across Border: Feds (Sam Spital)

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COMMENTARY BY SAM SPITAL, CRIMINAL DEFENSE ATTORNEY SAN DIEGO:

“Channel 7 San Diego online news on November 16, 2012 reported both Mexican and American teenagers, as young as 12 years old, are being recruited by drug cartels to smuggle drugs (referred to as “mules”) across the border. Federal Agents of the Homeland Security report that last year there were 190 and so far this year nearly 130 teens who were recruited at malls, arcades and outside schools, as well as through social media, such as Facebook, were caught smuggling narcotics.. These minor children are told they will not face serious penalties in the Juvenile Court system and can earn from $50 to $500 to carry drugs under their clothing. Initially only targeting young boys, the drug cartels are using young girls as well.

At one time marijuana was the drug of choice, and now it is methamphetamine (commonly referred to as “meth”), which is a stimulant and highly addictive narcotic. Some people use meth because it can help them lose weight, although the results are extremely short lived as the body builds a tolerance and more and more has to be taken to the point it has little or no value, but by that time the individual has become addicted to it and cannot stop. Others use meth for increased energy, sexual pleasure and by those who suffer depression. Without strict controls and supervision by a competent physician, the drug can lead to brain damage and even death. Parents need to maintain open communications with their children to the point they dialogue on life issues, pick up on their children’s activities, who are their friends and are alert to changes in behavior. While society has seemingly advanced in technical ways, open and regular communications and everyday discussions seem to have been lost to text messaging and chat rooms.”

SAM SPITAL, CRIMINAL DEFENSE ATTORNEY SAN DIEGO

 

 

Agents seize $500,000 in drugs (Sam Spital)

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“On September 13, 2012, the UT News printed an article about Border Patrol agents in several check points in both the counties of San Diego and Orange stopping vehicles and finding hidden in various parts of the automobiles a total of about a half-million dollars in street value of illegal drugs.As long as there are individuals that use drugs illegally, there will be those that profit from others’ misfortunes. The scourge in society continues to a level that seems worse every year. Some argue we should legalize certain drugs; others contend this would only lead to those that use drugs to eventually seek out and use more drugs to help them deal with their life issues. Unfortunately, people who abuse drugs become addicted and the result seems to inevitable lead to increased social problems, including suicides, serious crimes and accidents. The challenge for our education system and the press is to seek greater solutions and better intervention programs.”

Sam Spital, Criminal Defense Lawyer

Hit-and-run killer gets more jail time for drugs (Sam Spital)

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“Fox 5 News reported on September 12, 2012, a Defendant previously convicted and incarcerated for a felony hit and run killing was sentenced to more jail time. She was charged with and pled guilty to smuggling drugs into jail; she made phone calls to help another inmate get drug laced greeting cards into the jail; and, was found in possession of marijuana and non- prescription drugs.

The defense argued she made bad choices, was sexually assaulted as a child and suffered psychological injuries.

The original sentence was unusually low — only one year in jail and three years’ probation, no doubt for several factors not fully set forth in the article.

She was a nursing student at the time of her first offense and has remorse for her past crimes. Let’s hope she gets her life together and is rehabilitated to make a positive contribution to society and her future.”

Sam Spital, Criminal Defense Lawyer

 

Report: 55 Percent of Arrested Juveniles Tested Positive for Drugs

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“In a study released to the news media September 6, 2012, it was reported that 55% of juveniles who were arrested in San Diego County tested positive for drugs. The study also discovered that 58 percent of adult males and 63 percent of adult females arrested also tested positive. Our schools need to place a greater emphasis on education and prevention inasmuch as those who use drugs have the highest incidence of other crimes, such as petty theft (shoplifting), DUI, vandalism, etc. Equally important is the sanctions imposed by the Courts, which should continue to place a greater focus upon intervention and sobriety, and perhaps use more creative incentive programs along with the standard support systems as part of the sentencing protocols.”

Sam Spital, Criminal Defense Lawyer

San Diego CBP agents seize drugs worth $253,550 (SAM SPITAL)

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“Clearly, the continued escalation of drug smuggling evinces the growing use of and seemingly unending reliance upon drugs by individuals who cannot tolerate their daily life challenges.

~ Addiction is a never ending cycle that demands rigid adherence to known and successful recovery programs.

~ Better education, developing proven life skills, and utilizing accepted and successful support systems can help reduce this scourge.

The role of defense counsel, among other things, is to identify weaknesses in the prosecution’s evidence; find all of the procedural errors, if any; marginalize the opponent case; and, emphasize the mitigating facts and circumstances.

The overriding premise is that everyone deserves a full and fair hearing, and even though accused of a crime are innocent unless and until proven guilty. It is too easy to rush to judgement based upon media accounts that far too frequently do not provide a balanced report.”

Sam Spital, Criminal Defense Lawyer

Feds charge 27 in California-Mexico meth ring

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The continuing scourge of major crime represents a challenge for law enforcement and the judicial system that has limited resources, but the unintended consequences to those that are easily addicted to Meth often suffer life-long very complex and serious issues as well.

For defense lawyers, their role is to challenge law enforcement’s procedures and protocols that resulted in criminal charges being filed, and to advance their respective client’s rights and best interest by establishing legally sound defenses, focusing on the offense and not only defense, and to present all of the mitigating facts and circumstances. For a seasoned criminal defense lawyer who is passionate about obtaining winning solutions, this is an exciting part of the profession. For additional information and/or to obtain a free consultation, call Managing Attorney Sam Spital.

People v. Jones

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In a nine to zero opinion entitled UNITED STATES v. JONES, No. 10-1259, the U.S. Supreme Court, on January 23, 2012, https://www.supremecourt.gov/opinions/11pdf/10-1259.pdf affirmed the U.S. Court of Appeals decision that reversed the U.S. District Court criminal conviction of drug trafficking and conspiracy charges. The Supreme Court confirmed the police conducted a search or seizure within the meaning of the Fourth Amendment when it attached and monitored a GPS device to a vehicle. Although there was a warrant issued to the Government, it required the tracking device to be installed within 10 days, but it was actually installed on the 11th day. Therefore, it was deemed a warrantless search in violation of the reasonable expectation of privacy, and the District Court should have suppressed the evidence. As a result of the Supreme Court granting certiorari (after the DC Circuit Court previously denied a petition for a rehearing by the Government), the U.S. District Court sentence to life imprisonment that was reversed by the U.S. Court of Appeals was affirmed. It is noteworthy that the Supreme Court did not decide whether installing a GPS device requires a warrant, and if not, whether monitoring a GPS device over a very brief period of time, such as a couple days, requires a warrant.

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