Smoke shop raid

[sbalara]

What is the name of your state (only U.S. law)? ca
I own a smoke shop in san diego, cC that sells glass water pipes ect... Last December many san diego shops were raided ticketed and inventory confiscated. Now 3 months ago i made a deal with the district attorney (with my lawyer) that i would go to 16 drug classes if my inventory was returned. The d.a agreed and we signed a agreement in court. Now 3 months later i still have no inventory. The d.a signed the form but now the judge does not want to release it. Can the judge do this?

 

[Zigner]

What is the name of your state (only U.S. law)? ca
I own a smoke shop in san diego, cC that sells glass water pipes ect... Last December many san diego shops were raided ticketed and inventory confiscated. Now 3 months ago i made a deal with the district attorney (with my lawyer) that i would go to 16 drug classes if my inventory was returned. The d.a agreed and we signed a agreement in court. Now 3 months later i still have no inventory. The d.a signed the form but now the judge does not want to release it. Can the judge do this?

Yes - and it sounds like he DID do it.

 

[CdwJava]

Any question that begins with the phrase, "Can a judge ....?" usually ends with a "Yes."

Of course, you can always try to have your attorney withdraw the plea and go to trial. But, if the inventory seized is illegal, then the judge is WELL within his rights to forbid you from having it back. Why the DA would agree to allow you to keep contraband is beyond me.

What code section were you charged with violating?

- Carl