Our Murrieta drug possession criminal defense attorneys were interested to see a recent item about a drug possession arrest way up in northern California. According to the Marin Independent Journal, a San Diego County woman and a Humboldt County man were arrested for marijuana possession in Novato Oct. 13. Sonia Shvimer of La Mesa and Seth Lukasha of Meyers Flat were originally pulled over on suspicion of speeding and "minor violations" not specified in the article. But after they were pulled over, the officer discovered more than 11 pounds of marijuana in the back of their SUV. Shvimer and Lukasha were charged with possession of marijuana with intent to sell and transportation of marijuana. They are both currently free on bail.
The article says the two were on their way to southern California from Meyers Flat, a town in Humboldt County. In the early hours of Oct. 13, a Novato police officer spotted their SUV speeding on Highway 101 and pulled them over near Ignacio. Shvimer was driving. During the traffic stop, the officer noticed a smell of marijuana and eventually discovered more than 11 pounds of the drug in two bags inside the vehicle. It was not clear how the marijuana was found. Shvimer, 34, and Lukasha, 28, both have medical marijuana cards permitting them to possess certain amounts of marijuana, the article said. But a spokesperson for the Novato police said the amount of marijuana in their possession, and other evidence, suggested more than merely personal use. Shvimer and Lukasha were not available for comment.
If our firm were defending this case, our Newport Beach drug possession criminal defense lawyers would be very interested in some of the details of this arrest, especially the evidence leading to the possession with intent charge. The quantity of marijuana was cited as one reason police believed there was intent to sell, and it's true that 11 pounds is far more than two individual patients are authorized to have under state medical marijuana laws. However, that may not be true if the patients are part of a collective or cooperative with enough members. An experienced attorney would look at the strength of this and any other evidence cited to support the intent claim. Even more importantly, defense attorneys in this situation should always, always look at the legality of the traffic stop and search that led to the arrest. If either action was illegal or violated the arrestees' civil rights, the resulting evidence would be tainted and should be thrown out of court, potentially gutting the case against Lukasha and Shvimer.
Howard Law, P.C. defends all types of drug charges in California, including any type of narcotic and all types of crimes. Our state has a reputation for being drug-friendly, but the truth is that the "War on Drugs" is alive and well in California and incarcerates many people for victimless crimes. Public sentiment against drugs also means that penalties are high. And some police officers are so eager to make a career-improving drug bust that they will trample the civil rights of people who pose no threat to society. Our Oceanside drug possession criminal defense attorneys vigorously defend clients who are victims of police overreaching or trumped-up charges that threaten them with many years in prison. In cases involving no violence, we can often get our clients into a "drug court" diversion program that keeps convictions off their records in exchange for probation.
If you or someone you love is charged with a drug crime in California, you should contact us as soon as possible to learn more about how we can help. To set up a free, confidential evaluation of your case, contact us online or call 1-800-872-5925 today.
