Fontana Transportation w/ Intent to Sell 1,000 Ectasy Pills Lawyer Success # 7

Our client, age 22, was arrested for transportation and intent to sell 1,000 Ectasy pills.  The Fontana District Attorney charged our client with two felonies for violation of California Health and Safety Code section 11378 and 11379, sale and possession of a controlled substance, respectively.  He faced a total of seven years in prison if convicted.

The events leading to his arrest began when an acquaintance of our client, working for the Fontana Police Department (unknown to our client), asked our client if he could sell him 1,000 Ectasy pills.  Our client agreed and suggested they meet in Target parking.  

Our client, who is not a U.S. citizen, then drove to the Target with his girlfriend and parked.  Officers were already in the lot, waiting for him.  After our client displayed what officers deemed behavior indicative of an intent to sell, they rushed the car and pulled him out, handcuffing him immediately.  They also searched his person and found over $1,000 in cash.  They also took his cell phone, which had the text messages from our client’s friend seeking a purchase.

They then asked our client for consent to search the car, which he refused, as it was not his car, but his girlfriend’s car.  According to the police report, the girlfriend then permitted a search and described where the pills were.  No Miranda warnings were ever given to either our client or his girlfriend.

When asked for his name, our client gave the name of his cousin, who was a U.S. Citizen.  Officers, however, asked him again and again – and finally, our client gave his correct name.

The girlfriend was not charged with conspiracy, transportation or intent to sell.

Greg Hill negotiated with the Fontana District Attorney to where our client was offered 180 days of jail and a dismissal of the transportation charge.  The case was tricky in that if the girlfriend were to testify about her presence at the arrest and the lack of Miranda warnings, she too could be charged with several felonies.  The problem was that such a motion to suppress the fruits of the illegal search might fail and the plea bargain offered might be revoked.  In a balancing of risks, our client accepted the plea bargain to plead to only the possession charge.

If you or a loved one has been charged with possession of a controlled substance or possession for sale of a controlled substance, call our offices.  If you have prior convictions for such crimes, call our office, as our record of plea bargaining is excellent.

Call (310) 782-2500 and speak to our office.  We want to help you.  Call 24 hours a day.  We will listen to you.  No detail is insignificant.  We take nothing for granted.  Call us today.