Felony Drug, Cultivation and Gun Charges Dismissed

November 2011

Los Angeles criminal defense lawyer Michael A. Goldstein secured the dismissal of all felony drug and gun charges at the conclusion of a preliminary hearing. In a 2 defendant case, the charges were cultivation of marijuana, possession for sale of methamphetamine and possession of a controlled substance while armed with a firearm. LAPD officers arrived at the defendant’s home looking for a 3rd party. After LAPD officers were refused permission to enter the home, they opened the gate, entered the property and arrested Michael’s client when he exited the residence. According to the officers, they obtained consent from the defendant while he was handcuffed. Arguing that this was a violation of his Miranda rights, Michael objected to the admission of any statements, including the consent. The Judge agreed. More importantly, just prior to starting testimony, Michael advised the DA that the defense was in possession of videotape that would impeach the statements made by officers in their reports and would likewise impeach their credibility if they testified consistently with the facts contained in their reports. A new offer was thereafter made by the DA and rejected by the defense. Calling the case a “complete mess”, the judge dismissed all charges following cross-examination.

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