Legal Question in Criminal Law in California

I have a family member that was arrested by the ICE in california, he was involved in the importation of controlled substances. He use to export furniture from Mexico, using custom broker and transport company, He use to be right at the doorstep of his client to be present when they transportation truck delivered the furniture, the delivery was in L.A., CA. but they arrested him right across the border when he was driving by a gas station where the truck was refuelling, and about a block away the agents stopped him in a pick up truck and pushed him to the middle and 2 agents got in the pick up and went back to the gas station where the trans truck was, and opened the trailer door and passed certain amount of narcotics, and drove back to where they stopped him and realized the arrest. he was definitally aware of the narcotics since he started cooperating with the agents and raided several addresses in LA. But my question is the following he is being charged for importing controlled substances without him being discovered at the border, besides he was arrested illegaly, assuming that they were not carrying anything while they stopped him while he was driving. Another thing that i´m wondering, he has a charge for conspiracy to distribute the narcotics, when he was only envolved in the importation, I´m prety sure that since he doesnt speak any english they probably asked him if he was in charge of distributing understading that if he was inchargo of delivering, here in mexico distribute relates to deliver in several places. Do they have any chance of getting free. I mention "they" because there where three persons involved, at the stop they got the other " and drove to where they got the drugs. Thanks for your time and response.


Asked on 2/03/12, 2:13 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your relative is in serious trouble. He needs a lawyer right away.

I can't agree with your claim that "he was arrested illegally". Nothing you have said suggests that there was anything illegal about the arrest.

Then there is the conspiracy charge. Even if you're right that all he did was transport the drugs across the border, it is possible -- indeed, very likely -- that he was working together with other people to arrange for the drugs' distribution. Even you say that there were three people involved, so they presumably were coordinating their actions. That would qualify as a conspiracy, and your relative would be guilty even if he wasn't personally going to distribute the drugs.

You haven't told us the type or quantity of drugs involved, but my guess is that it was a large and valuable shipment. If I'm right about that, the court will set a very high bail or deny bail altogether. The case against him sounds pretty strong, though I might see things differently if I had more information.

The bottom line is that your relative is probably going to spend a long time behind bars. The best way for him to improve his chances is to get a good lawyer immediately.

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Answered on 2/03/12, 2:36 pm


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