Judge Orders C.H.P. to Return 60 Pounds of Marijuana to Defendant
Today January 8, 2010, defense attorney Glen T. Jonas, argued in a motion to return property, that the court should order the C.H.P. to return 60 pounds of marijuana to his client, following the dismissal of felony criminal charges of possession for sale and transportation. The Honorable William N. Sterling presiding, in Dept 133., granted the defense motion and ordered the C.H.P. to return 60 pounds of marijuana to the defendant.
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"Medical Marijuana is the new frontier. Attorneys must break free of their paradigm and recognize that Marijuana is an asset, it is legal medicine, and when law enforcement seize it, they should file a motion to get it back." Glen T. Jonas
Los Angeles, CA (PRWEB) January 8, 2010
Today January 8, 2010, in Case #BA350238, Los Angeles Superior Court, defense attorney Glen T. Jonas, argued in a motion to return property, that the court should order the C.H.P. to return 60 pounds of marijuana to his client, following the dismissal of felony criminal charges of possession for sale and transportation. The Honorable William N. Sterling presiding, in Dept 133., granted the defense motion and ordered the C.H.P. to return 60 pounds of marijuana to the defendant.
On December 9, 2008, Saguro Doven was stopped by the C.H.P. for a traffic infraction on the 101 Freeway in Los Angeles. The Officers conducted a search and found sixty pounds of marijuana in his vehicle. Mr. Doven was charged with possession of marijuana for sale and transportation of marijuana in violation of Health & Safety Code Sections 11359 and 11360, exposing him to a potential state prison sentence of 4 years, 8 months..
On November 12, 2009, defense attorney Glen T. Jonas argued in a motion to dismiss, that preliminary hearing Judge Ricciardulli failed to apply the Medical Marijuana Program Act. Judge Sterling in ruling on the motion to dismiss, stated the prosecutor’s “expert wasn’t an expert”. Judge Sterling further stated , “I don’t see how anybody would entertain a strong suspicion that he had the stuff to sell.” P118:L26-28. Judge Sterling reversed Judge Ricciardulli’s preliminary hearing order and dismissed the possession for sale count.
The case was set for trial on the remaining transportation count to begin January 4, 2010. On January 4, 2010, the District Attorney’s office appeared in Judge Sterling’s court and moved to dismiss the remaining charge because they concluded there was reasonable doubt on the remaining charge based on the Collective Cultivation Medical Marijuana Defense.
Following the dismissal, Glen T. Jonas filed a motion to order the C.H.P. to return the 60 pounds of marijuana to the defendant. Mr. Jonas argued that as a matter of due process the marijuana must be returned to the defendant. Judge Sterling agreed and ordered the C.H.P. to return the 60 pounds of marijuana to the defendant immediately forthwith.
After the hearing Mr. Jonas stated, “Judge Sterling and the District Attorney’s Office demonstrated professionalism and impartiality.”
Glen T. Jonas of the law firm of Jonas & Driscoll L.L.P. was lead counsel in defending Saguaro Doven. David R. Welch, Esq., associated as defense counsel and assisted in defending the case.
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