Three strikes (3-strikes) is a sentencing scheme in California that dramatically increases punishment for people that are repeat offenders.

If you or someone you care about has been charged with a felony in California, and has a prior criminal record, it is critical to consult with a skilled Southern California Three Strikes Lawyer right away.

Choose the links below to learn about Sentencing Under the Three Strikes (3-Strikes) law, what “strikes” are, and how to defend against a Three Strikes (3-Strikes) case.

Sentencing Under Three Strikes (3-strikes)

Under California law a defendant who commits any felony, that has two or more “strike” priors, must be sentenced to at least 25-years-to-life in State Prison.

Under California law a defendant who commits any felony with one “strike” prior must be sentenced to a doubled term on the current felony.

BEWARE! The current felony does not have to be a serious or violent felony; any felony will do. It is where the prior convictions are serious or violent felonies that the Three Strikes (3-Strikes) law comes into effect.

Also unique in Three Strikes (3-Strikes) cases is the reduction in “good behavior” credits. A defendant who commits a felony with one “strike” prior must serve at least 80% of their sentence in prison; good behavior credits cannot exceed one-fifth of the total prison term. Compare this to non-strike cases, where up to 50% of the sentence may be reduced because of good behavior credits.

If you or someone you care about has been charged in a Three Strikes (3-Strikes) case, please consult with a qualified California Three Strikes (3-Strikes) defense attorney right away.

What is a Strike?

A strike is a prior conviction of a serious or violent felony. They are listed in the California Penal Code. Serious felonies are listed at Penal Code Section 1192.7 (c), while violent felonies are listed at Penal Code Section 667.5 (c).

The California Three Strikes (3-Strikes) law went into effect on March 7, 1994. This means that the current felony must have occurred after the effective date to trigger Three Strikes (3-Strikes) sentencing. However, the prior strike convictions could have occurred at any time. This means that priors from before March 7, 1994 count as strikes, even though the Three Strikes (3-Strikes) law had not been implemented yet.

Defending a Three Strikes (3-Strikes) Case

A skilled California criminal defense attorney can help. The first course of action is to determine whether there is a defense to the current felony case. Only a California criminal defense lawyer can assist in making this determination. It is therefore critical that if you or someone you care about has been charged in a Three Strikes (3-Strikes) case, that you consult with a skilled California criminal defense attorney at once.

It is possible to persuade the judge to dismiss a “strike” prior, and thereby avoid a 3-Strikes sentence. This can occur before, during, or after trial, up to the time that judgment is pronounced.

It is also possible to reduce a “wobbler” to a misdemeanor, and avoid a Three Strikes (3-Strikes) sentence. A “wobbler” is a case that can be charged as a misdemeanor or a felony. Although the prosecutor may be seeking a Three Strikes (3-Strikes) sentence by charging a “wobbler” as a felony, it is possible to persuade a judge to declare the current charge a misdemeanor, and avoid a Three Strikes (3-Strikes) sentence.

Where the current felony charge is drug-related, it is still possible to persuade the judge to allow diversion, although this is a decision that should not be made without first consulting a qualified California criminal defense lawyer.

If you or someone you care about is facing California criminal charges, contact a criminal defense attorney at once.

Visit Los Angeles, Orange County and Ventura, California based Criminal Defense Lawyer Darren Kavinoky’s Drunk Driving Guide website to get additional information about drunk driving (DUI / DWI) and California DUI laws and penalties.

In California, anyone charged with marijuana related offense may face forfeiture proceedings. Asset forfeiture involves the government taking property – almost any kind of property – that was illegally used or obtained without compensating the owner for its value. An individual need not be convicted for or even charged with a crime before his or her property may be seized and forfeited, so long as the government provides a reasonable connection between the property and the marijuana. Because the laws that regulate asset forfeiture are numerous, technical and complex, it is vital that anyone who has been accused of a marijuana related offense immediately contacts a skilled California criminal defense lawyer who specializes in defending marijuana cases and, as a result, knows how to successfully protect his or her client’s property.

Asset forfeiture proceedings may be non-judicial in nature. These types of proceedings are also known as “summary forfeitures” or “administrative forfeitures”. Non-judicial “summary forfeitures” take place when the property is “per se” illegal – that is, that the property is, on its face, illegal – and includes dangerous, toxic or hazardous raw materials or products and their containers. “Administrative forfeitures” (governed by federal law) typically take place when the property is forfeited to the government by the investigative agency that seized it. This type of procedure applies to property that is worth $500,000 or less, to property that is illegally imported, to vehicles that are used to import, export, transport or store marijuana or to any “monetary instrument” (that is, domestic or foreign money, traveler’s checks, stocks, checks, bank notes and money orders). When such is the case, the government is only required to give the owner notice that the property may be forfeited and judicial proceedings are not required.

Civil judicial forfeiture proceedings take place when the property exceeds $500,000, is forfeitable pursuant to federal law, is not a transporting vehicle or an item that has been illegally imported and is not a monetary instrument. These proceedings also apply when the property is forfeitable pursuant to IRS procedures that exceed $100,000 in value, to all real property (that is, homes, buildings, etc.) regardless of its value and to all property that is forfeitable according to California law.

Criminal forfeiture proceedings may target property that is located outside the United States and includes property that has been involved in a federal criminal offense of which the accused was convicted and only to property in which the accused has a personal interest.

RICO (Racketeer Influenced and Corrupt Organizations) laws fall under criminal forfeiture proceedings and apply when the accused has violated or conspired to violate a RICO statute. The violations include using funds derived from a pattern of racketeering activity to acquire or maintain an interest in an enterprise that deals in interstate commerce, acquiring or maintaining interest in an enterprise through a pattern of racketeering activity and/or using an enterprise to purse a pattern of racketeering activity.

Either an affected individual or the government may file for an appellate review of forfeiture proceedings if he, she or it was the losing party. The laws that typically govern these types of proceedings are those that govern civil appeals. A civil forfeiture case must be appealed within 60 days of the judgment and a criminal forfeiture case must be appealed within 30 days of that same date.

Asset forfeiture is clearly an area of the law where special knowledge is required. When accused of a marijuana related offense, it is imperative for that individual to immediately contact the exceptional criminal attorneys at The Kavinoky Law Firm who have mastered this field of law as it relates to marijuana and other drug offenses. Their experience and in-depth knowledge with respect to forfeiture proceedings gives their clients a tremendous advantage when it comes to defeating the government’s attempts at seizing one’s property. To learn more about how these outstanding attorneys can help, contact The Kavinoky Law Firm today for a free consultation.

Marijuana-related cases, in California, involve a number of different charges, ranging from some relatively minor infractions (such as possession of less than one ounce of marijuana) to serious felonies (such as manufacturing the drug). Regardless of the charge, an experienced California criminal defense lawyer will want to ensure that he or she has any and all evidence that is relevant to the defense case and, as a result, will typically file a motion for discovery during the pre-trial stages of his or her client’s case.

“Discovery” refers to all of the evidence that will be used to prosecute or defend a case. It typically includes, but is not limited to, a witness’s personal information (including his or her name, address and any relevant criminal history), any statements that were made by the accused, written or recorded statements that were made by witnesses, any evidence that was seized or otherwise obtained during the arrest or subsequent criminal investigation, the results of any chemical tests that were performed and any exculpatory evidence – that is, evidence that points to the defendant’s innocence. This evidence is usually provided by the prosecution to the defense without the defense having to file a motion, as the law regulates discovery in the interest of fairness. This type of discovery is generally provided to the defense at the defendant’s arraignment, unless it isn’t available at that time. It must be noted that discovery is an ongoing process, as new information and evidence is often uncovered or revealed even up through one’s trial. When new discovery is uncovered, it is up to the discovering party to promptly disclose it to the other side in order to avoid sanctions.

Discovery, as stated above, it an ongoing process and is generally informal as well. Both sides are expected to “turn over” their relevant evidence to the other, either automatically (under certain circumstances) or upon request by the adverse party. If those requests are denied or ignored, a formal motion will likely be filed. Formal discovery takes place when one side files a motion for discovery, which is then heard and ruled on by the judge. If the judge orders one of the parties to disclose information to the other and his or her order is subsequently ignored, the judge may issue sanctions and/or additional penalties, as he or she deems appropriate.

The defense attorney will typically file a motion for discovery when it believes that some or all of the prosecution’s evidence hasn’t been “turned over” after informally requesting it or when he or she has a “hunch” that otherwise protected evidence may be relevant to his or her client’s case. An example includes a Pitchess motion, where the defense seeks private information contained in an officer’s personnel file that they believe will be relevant to their case.

Motions for discovery are extremely important to the defendant’s case. It is crucial that the criminal attorney for the accused has mastered the technical laws that regulate discovery so that he or she knows exactly what information he or she is entitled to, what information he or she has a right not to disclose and how to convince a judge to rule in his or her favor when it comes time to determine whether evidence should be “turned over” to either side. The outstanding attorneys at The Kavinoky Law Firm specialize in California marijuana defense and know the types of evidence that they need in order to successfully defend their client’s cases. They will ensure that their client’s case isn’t blindly processed through the criminal court system without the best defense. These exceptional attorneys are in it to win! For more information about how they are determined to provide unsurpassed representation, contact them today for a free consultation.

Motions to suppress evidence are pre-trial motions that are typically filed by the defense in a California case involving marijuana and are argued in an effort to keep certain evidence or witness testimony out of the trial. If the defense successfully argues this motion, the prosecution may be forced to drop the charges and dismiss the case altogether. Because of the importance of this type of motion, it is critical that the accused hires a skilled criminal attorney who knows what types of issues a judge would be likely to seriously consider when hearing this kind of motion and what arguments are most likely to convince the judge to rule in the defense’s favor.

Motions to suppress evidence are usually filed when the defense believes that certain evidence (whether it is the marijuana, statements or other evidence) in a drug case was obtained during an illegal search and/or seizure in violation of the Fourth Amendment to the United States Constitution. Because prevailing at this type of hearing depends on not only knowing the state laws that are relevant to the procedures involved in filing this type of motion but on also having an in-depth knowledge about federal law and what constitutes an illegal search and seizure, only an experienced criminal defense lawyer should attempt to file and argue a motion to suppress evidence.

The Constitution protects U.S. residents from “unreasonable searches and seizures” of their property, as well as of their person. In order to be reasonable, an officer must have a court-issued warrant before conducting a search or probable cause to believe that an individual is involved in illegal activity. It must be noted that a “search” necessarily involves an invasion of privacy, because, for example, an officer who observes an individual openly smoking a marijuana cigarette on the street has not had to search him or her to witness the illegal activity. However, if the officer simply decided to stop an otherwise unassuming individual to check his or her pocket for the drug, a search would have ensured. A “seizure” (using the same scenario) would then refer to the officer taking the marijuana and the individual into police custody. Searches and seizures are premised on one’s “reasonable expectation of privacy” – if there is no reasonable expectation of privacy, an illegal search will not be declared – if there was such an expectation, it becomes a judicial issue. It generally follows that if the search was illegal, the seizure was, too.

Motions to suppress evidence may also be premised on the fact that the officer illegally obtained statements in violation of one’s constitutionally protected right against self-incrimination. If the accused was taken into custody and questioned about the alleged incident, he or she would first be legally entitled to receive his or her Miranda warnings. These are commonly read in movies and on television and advise a suspect of his or her “right to remain silent…” Incriminating statements elicited without those warnings may very well be illegal and the defense will move to suppress those statements during this hearing. Any evidence that was seized as a result of an illegal confession will also be declared illegal and should be additionally suppressed.

When reviewing a client’s case, an experienced California drug defense attorney will look for the types of issues that will trigger a motion to suppress evidence. The outstanding lawyers at The Kavinoky Law Firm pride themselves on their ability to spot these issues, critically analyze them and deliver the most compelling legal arguments in their support that are sure to convince a judge that evidence and/or statements were illegally obtained and should therefore be suppressed. These exceptional attorneys have mastered everything related to California marijuana cases and are well qualified to successfully represent anyone charged with a marijuana-related offense in this state. To learn more about a suppression motion or about their unsurpassed defense strategies, contact The Kavinoky Law Firm today for a free consultation.

Plea negotiations or plea bargains describe the phase where most California cases involving marijuana are resolved. Plea negotiations typically begin as early as the arraignment phase of the criminal court process and can last up until (and, in some cases, even during) one’s trial. In order to obtain the most favorable plea bargain possible, it is vital that the accused hires a California criminal defense lawyer who specializes in marijuana cases and who knows how to critically analyze the flaws in the prosecution’s case.

Plea negotiations help create a path by which both parties can reach a compromise with respect to the charges. While engaging in plea negotiations, both sides generally consider the seriousness of the charged offense, the strengths and weaknesses in the case and the most likely verdict in the event that the case goes to trial. In a typical plea bargain, the accused agrees to plead guilty or “no contest” to at least one charge (usually a lesser or reduced charge than the one he or she was originally charged with) in exchange for a lighter sentence than he or she would receive if convicted by a judge or jury following a trial. For example, a possession for sale charge may be plea bargained down to a simple possession charge, enabling the accused to participate in a drug treatment program instead of being sentenced to jail or prison. Although this is the most common scenario, there are a wide variety of others that parties agree to when participating in plea negotiations, including, but not limited to, a dismissal of some or all of the remaining charges, having a felony reduced to a misdemeanor and providing information about another crime, such as the name of one who manufactures marijuana or the location where another is cultivating marijuana. Because of the overwhelming number of cases that pass through the criminal court system and due to the overcrowding that takes place in jails, the courts generally encourage these types of deals.

Prosecutors don’t have the authority to “force” a judge to accept a plea bargain, although judges typically don’t interfere with deals to which both parties have agreed. Once the prosecutor has recommended the bargain to the judge, the judge’s primary concern will be making sure that the bargain was legally entered into. In order for a plea negotiation to be legally binding, three elements must be satisfied: that the defendant knowingly waived his or her right to a trial, that he or she did so voluntarily and that there is a factual basis to support the charges to which the accused will be pleading guilty or no contest. Assuming that these components have been met, the judge will likely “accept” the plea bargain and take the defendant’s plea “on the record” and in open court.

Plea negotiations are truly an art, where only the savvy will prevail. In order to successfully negotiate a California marijuana-related offense, the defense attorney must be familiar with every element of the charged offense, have a thorough understanding of the actual and potential evidence that may come into play, knowledge of all “lesser included” and related offenses and know how sentencing guidelines regulate those offenses. The outstanding criminal attorneys at The Kavinoky Law Firm have mastered these areas and, as a result, have an excellent success record when it comes to negotiating their clients’ cases. They keep current with all of the issues that are relevant to California laws regarding marijuana so that they are always able to recognize the weaknesses in the government’s case. For the most trusted legal advice and to be represented by an unsurpassed advocate, contact The Kavinoky Law Firm today for a free consultation.

Many people convicted of felonies in California fear that their criminal records will follow them all of their lives, creating hurdles to employment, housing, education, and other opportunities. However, there are several post-conviction relief options that may be available, including a certificate of rehabilitation and pardon. The experienced post-conviction relief lawyers of The Kavinoky Law Firm will evaluate each case to determine whether a California certificate of rehabilitation and pardon may be obtainable.

Certificates of rehabilitation are first sought from the trial court and are the first step in the pardon process. If a certificate is issued, the trial court will recommend that the governor grant a pardon. The governor has the discretion to grant or deny a pardon, unless the individual has multiple felony convictions. In that case, the pardon will require additional approval from the state Supreme Court.

Certificates of rehabilitation are what they sound like— a formal finding that a person is rehabilitated and should be relieved of the burdens of a prior felony conviction. The process of obtaining a certificate of rehabilitation and/or pardon is lengthy and must be done with the assistance of an experienced criminal defense attorney.

Prior convictions can have impact many aspects of life. Most post-conviction relief is limited and provides only partial relief to cleansing a criminal record. Expungement for example, has several key limitations and will neither restore gun possession rights nor alleviate registration as a sex offender under Penal Code 290. Only a pardon can address these consequences.

A governor’s pardon is granted only to individuals who have demonstrated a high standard of constructive behavior following conviction for a felony, or in some cases, for certain specified misdemeanor sex offenses. Obtaining a pardon is a distinct achievement based upon proof of a useful, productive, and law-abiding life following a conviction. California Penal Code section 4852.05 states, “During the period of rehabilitation, the person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land.”

In general, pardon applications will not be considered unless an applicant has been discharged from probation or parole for at least 10 years and has not engaged in further criminal activity. While the receipt of a certificate of rehabilitation is persuasive in evaluating a pardon application, it is but one of many factors in the governor’s decision to grant the pardon. The 10-year rule may be waived in truly exceptional circumstances, if the applicant can demonstrate an earlier, specific need for the pardon.

A certificate of rehabilitation and pardon can truly transform the life of an individual convicted of a felony in California. To learn more about California certificates of rehabilitation and pardons and other forms of post-conviction relief, contact The Kavinoky Law Firm today for a free consultation.

A Pitchess motion is a type of pre-trial motion that may be raised by a defendant who suspects that the arresting officer has engaged in previous misconduct which may be relevant to his or her defense. This motion seeks personal information contained in the officer’s personnel file, including any complaints about racial bias, false arrest, the planting of evidence or any other criminal conduct. Because the rules that regulate when and how this information may be disclosed are technical and complex, it is critical that an individual accused of a marijuana-related offense in this state hires an experienced criminal defense lawyer who understands how to effectively write and argue a Pitchess motion.

Pitchess motions are designed to allow an individual who believes that an officer involved in his or her arrest or subsequent criminal investigation engaged in any type of misconduct the opportunity to investigate that claim and use any discovered, relevant information to aid in his or her defense. However, this information is not freely available, as the legislature and courts both agree that officers have a compelling interest in maintaining the privacy of their personal information as well. As a result, a judge hearing a Pitchess motion must decide which party has a more compelling claim based on the facts before him or her.

Pitchess hearings basically involve two steps – the defense establishing “good cause” for the requested information and the judge reviewing the officer’s records if that burden is met. Every Pitchess request will not result in a review of an officer’s file. The defense must first present specific facts that support their position. This burden is relatively low, as the defense must only show that the alleged misconduct “could have” taken place, not that it necessarily did. The purpose for this step is to determine exactly what type of records are being sought. One of the issues that a judge will consider when reviewing a Pitchess motion is scope. A defendant seeking access to everything in an officer’s package will not likely move a judge. An officer’s personnel packet contains all records that are maintained by the employing law enforcement agency, including Human Resources records, psychological and medical information, citizen complaints and internal affairs investigations. If a defendant specifically alleges that the officer planted evidence (either in the form of marijuana or paraphernalia, for example), a motion seeking evidence of similar complaints would more likely produce the desired information than a motion seeking everything in the file. Even if everything were requested and, assuming the defense’s burden was met, the judge would determine which information would be relevant to the complaint and would only provide the information that he or she deemed relevant. Citizen complaints that the officer used excessive force, for example, would typically be ruled irrelevant and therefore not be disclosed.

The second step in the process assumes that the first step was successful and involves the judge’s review of the officer’s file to determine if there is any information that is relevant to the defendant’s complaint and, if so, whether it is legally permissible to disclose it.

Because the rules that regulate Pitchess motions and hearings are so specific, prevailing in one requires the skill and experience of a seasoned criminal attorney. The unsurpassed lawyers at The Kavinoky Law Firm understand how to effectively raise and argue a Pitchess motion so that the requested information will likely be revealed. They have mastered all of the laws that relate to California marijuana defense, which include all of the different issues and motions that may be raised prior to and up through their client’s trial. For more information from an exceptional firm, contact them today for a free consultation.

Sentencing refers to the punishment that a judge imposes upon a defendant who has either plead guilty to a charge or who was convicted following a judge or jury trial. For California cases that involve marijuana-related charges, sentences may include probation, jail or prison time, fines, electronic monitoring (also known as house arrest) and a variety of diversionary drug treatment programs. In order to have obtain the least restrictive sentence, it is critical that an individual accused of a marijuana-related offense in this state hires an experienced California criminal defense lawyer who specializes in this area of the law and who therefore knows all of the different sentencing options available for each type of offense and the most compelling arguments to persuade a judge to impose those requested.

Penalties for the most commonly prosecuted marijuana-related offenses are listed under the “penalties” section of the main outline and may typically be found within each offense’s primary article as well. This article serves to briefly describe the alternative sentences that are only applicable to certain offenses, including a Proposition 36 sentence, diversion, drug court, sober living, drug rehabilitation and the electronic monitoring program.

Proposition 36, also known as The Substance Abuse and Crime Prevention Act, is a law that permits many first and second time marijuana offenders to participate in drug treatment as an alternative to serving time in jail or prison. Up to one year of treatment may be ordered, followed by an additional six months of follow-up care. It should be noted that this type of sentencing is available for a simple possession of marijuana charge and is not applicable to crimes involving the sale, production or manufacturing of the drug.

Diversion is a bit different, in that it requires an individual to enter a guilty plea before he or she may receive this alternative sentencing option. It is another form of drug treatment – a series of drug education classes – which the defendant must successfully complete in order to eventually withdraw the plea and have the charges against him or her dismissed.

Drug courts exclusively handle cases involving those who have drug problems. Individuals charged with eligible marijuana-related offenses who participate in drug court will receive extensive supervision and treatment that will lessen as one successfully moves through the program. If completed, one’s charges may ultimately be dismissed.

Sober living is another alternative sentencing option that allows an individual to receive credit towards his or her jail and/or fine. Those who reside in a sober living environment are permitted to work and otherwise leave the residence during the day, returning at night to participate in treatment and classes.

Rehabilitation services may be offered to those who are charged with certain marijuana-related crimes. Drug rehab requires an individual to live in an authorized center, which may even be covered by one’s health insurance.

Electronic monitoring (also known as “house arrest”) allows an individual to avoid jail or prison by being restricted in one’s own home. Certain non-violent drug offenders may be given this option, whereby they will be fitted with an ankle-bracelet that electronically keeps track of their whereabouts. Depending on the circumstances, an individual may be permitted to work, do laundry, shop for groceries, do other personal errands and attend court and other court-ordered programs, if pre-approved by the probation department.

There are many eligibility requirements, advantages and disadvantages that are associated with each of these alternative sentencing options, which is why it is imperative that an individual charged with a marijuana offense immediately contacts a skilled California criminal attorney who can explain the differences between these programs. The outstanding attorneys at The Kavinoky Law Firm are well versed when it comes to alternative sentencing for their clients charged with marijuana offenses. They know the arguments that are the most effective at convincing judges and prosecutors to allow their clients to participate in these alternative sentencing options and are dedicated to favorably resolving all cases. To learn more about alternative sentencing, contact these exceptional lawyers today for a free consultation.