San Francisco Superior Court
Client is a 64 year old Vietnamese father and grandfather living in the Bay View District of San Francisco with his family. Police officers were conducting surveillance of a local parolee who was seen leaving the client's home. The parolee was searched and found to be in possession of 1 1/2 ounces of marijuana. The police then forcibly entered the client's home and conducted a warrantless search which turned up over 18 lbs. of marijuana, a shotgun, ammunition, a silencer and $42,000.00 in cash. Police then coerced the client and his 32 year old son to sign a consent form to allow the illegal search. The police took no regard that the neither the client nor his son could read English. While in custody, the client falsely confessed to the marijuana being his. He did this in order to save his son from possible deportation from the U.S. The case proceeded on a time not waived basis. The Law Office of John D. Forsyth filed a motion to suppress all evidence and statements by the client due to the illegal warrantless search. On the day of the preliminary hearing, the court demanded the district attorney bring the Narcotics Division supervisor to an in chambers conference. The case was settled for a misdemeanor conviction for possession of marijuana for the client and his son's case was dismissed thereby avoiding an possible immigration consequences.
Felony charges dismissed. No jail.
San Francisco County Superior Court
Client charged with felony possession for sale of marijuana after police searched her home and found cash, a scale and marijuana. Client admitted that she provided marijuana to her friends. Client was Prop 36 eligible and after drug court counselors reviewed her case the charges were reduced to simple misdemeanor possession of marijuana and a $120.00 fine.
No felony conviction. No jail.
Alameda County Superior Court
A police raid on the client’s home turned up multiple pounds of marijuana, cash, packaging materials and a mushroom factory. Negotiations with the district attorney resulted in a reduced charge of felony possession of concentrated marijuana and a grant of probation. Client served 30 days in a drug rehabilitation program and had the charge reduced to a misdemeanor after 2 years of successful probation.
Contra Costa County Superior Court
A joint task force of state and federal law enforcement served a search warrant on client’s home and seized a safe containing $100,000.00 cash. Investigation and discussions with the district attorney revealed that client had no idea that the safe contained contraband and he had no involvement in drug trafficking.
No charges were filed.
Contra Costa County Superior Court
Client went to a friend’s home as it was being searched by police. Police detained client, searched his vehicle and found an entire lab set-up for methamphetamine production. Client admitted under questioning that he had been involved with another person who was cooking methamphetamine the night before. Client was exposed to 9 years of state prison. Discussions with the chief narcotics prosecutor allowed client to enter a guilty plea to reduced charges that were reduced further to simple possession after completion of probation. Client served 6 months in drug rehabilitation facility.
No state prison. Conviction expunged.