A California PCP conviction carries substantial repercussions which often include prison time, and the addition of factors called sentencing enhancements increases the potential punishment even more. One possible sentencing enhancement in a California PCP case can be filed if you’re accused of involving minors in your alleged drug offense. Knowledgeable California defense attorneys from The Kavinoky Law Firm will fight aggressively to protect you from the harsh consequences of both a PCP drug charge and the sentencing enhancement of involving a minor.

Sentencing enhancements must be proven beyond a reasonable doubt, just like the underlying PCP charge, or you cannot receive additional punishment. If you aren’t convicted of the underlying PCP drug charge, you can’t be convicted of or receive additional punishment for a sentencing enhancement.

There is only one possible sentencing enhancement involving a minor that can be filed in a California PCP case. Under California Health & Safety Code section 11380, utilizing, soliciting or furnishing a minor with PCP is a felony sentencing enhancement punishable by three, six or nine additional years in prison. Under California’s determinate sentencing laws, the judge can impose the lower, middle or upper term depending on mitigating or aggravating factors — issues that prompt the court to impose a harsher or more lenient sentence.

If the prosecutor files a sentencing enhancement under California H&S 11380, he or she will also likely file a count under California Penal Code section 1203.07a8, which specifies that the defendant is not entitled to probation and that the judge has no discretion in the matter.

If you’re facing PCP charges that allegedly to involve minors, you face substantial punishment and need an aggressive defense strategy. An experienced California drug lawyer from The Kavinoky Law Firm has the skills needed to fight for your rights. Please contact knowledgeable California defense attorneys today at 1.800.NO.CUFFS for a free consultation.

PCP Charge and Locations

A California PCP charge carries harsh consequences, and those repercussions can be made even greater by factors known as sentencing enhancements. The location where the alleged offense was committed is one factor that can trigger a sentencing enhancement in a California PCP case. If you’re facing a California PCP Drug Charge, skilled California defense attorneys from The Kavinoky Law Firm will do everything possible to protect you from the serious consequences of a drug charge.

The same constitutional protections apply to sentencing enhancements as to underlying drug charges – your guilt must be proven beyond a reasonable doubt or you cannot receive additional punishment. Also, you cannot be convicted of a sentence enhancement unless you’re also convicted of the underlying drug charge.

These are the location sentencing enhancements that can be filed in a California PCP case:

Code Section Enhancement Additional Sentence 11366 Maintain a place for sale or use Misdemeanor or
16-2-3
11366.5a Rents or makes available for manufacture or distribution Misdemeanor or
16-2-3
11366.6 Utilizing a fortified location to possess for sale, sell, or manufacture 3-4-5 11366.5b Derive excessive profit and allow to be fortified 2-3-4 11379.5b Transports for sale to non-contiguous county 3-6-9 11380.5 Possession for sale or sale at public park or ocean-front beach Add one year

A location sentencing enhancement can add years to an already lengthy sentence in a California PCP case, so it’s critical to aggressively fight the charges. A skilled California drug lawyer from The Kavinoky Law Firm is well-versed in the defenses to PCP charges. Please contact the knowledgeable California defense attorneys today at 1.800.NO.CUFFS for a free consultation.

California Marijuana Laws – Selling, furnishing or administering marijuana

Selling, furnishing or administering marijuana (or attempting or offering to do the same) will be charged as a felony offense in California if the marijuana in question weighed more than one ounce (28.5 grams) and will be charged as a misdemeanor if the marijuana (other than concentrated cannabis) weighed one ounce or less. The felony charge is punishable by two, three or four years in state prison, the misdemeanor by a maximum $100 fine. In order to avoid the harsh consequences that are associated with a felony conviction on this charge, it is vital for the accused to hire a California drug crime defense attorney who knows how to defend against this offense.

Every person who sells, furnishes or administers marijuana is guilty of the crime of illegally selling marijuana. “Selling” marijuana means exchanging marijuana for cash, favors, services, goods or other non-cash benefits. “Furnishing” marijuana means to supply or provide the drug. “Administering” marijuana means directly applying the drug to another for that person’s immediate needs, by injection, inhalation, ingestion or any other means, by someone other than a doctor or a doctor’s staff. In order to convict the accused of this offense, it must be proven that he or she sold, furnished or administered marijuana and that he or she knew about the presence of the drug and about its narcotic character. If the accused is charged with offering to sell, furnish or administer marijuana, it must be proven that he or she offered to do the act and that he or she had the specific intent to do so.

When charged with illegally selling marijuana, the accused will likely be charged with possession of marijuana for sale. The prosecution will argue that a “for sale” charge is necessarily included in an illegal selling charge, because in order to sell the marijuana one must first possess it, either personally, constructively or jointly. However, this isn’t always the case. A good criminal defense lawyer has studied the cases and laws that relate to this charge and knows that courts have held that a possession for sale charge isn’t invariably included in a charge of furnishing marijuana. He or she also knows to review all the facts of his or her client’s case in an effort to uncover the fact that (especially in an “offer to sell” case) the accused didn’t actually possess the drug at the time the offer was made. An experienced attorney is also aware of the fact that where the only possession shown is necessarily incidental to its sale or furnishing, separate convictions for sale and possession would be invalid.

If the court finds that the accused may be charged with multiple offenses, sentencing becomes an issue – an issue that only a qualified drug attorney should attempt to address, due to the technical and complex nature of sentencing. The issue is raised if the accused is properly convicted of multiple counts because, depending on the circumstances, it may only be legal to sentence him or her on one of them. The savvy lawyer knows that in order to avoid sentencing on multiple counts, it must be shown that the different charges all arose out of the same “indivisible course of criminal conduct” and further knows the most compelling arguments to convince a judge that that was the case.

The exceptional criminal attorneys at The Kavinoky Law Firm specialize in everything that is related to California’s drug laws and defenses. They know what it takes to beat a selling, furnishing or administering marijuana charge and are dedicated to doing just that. With law offices throughout California, including several in Los Angeles, they are easily accessible to anyone needing outstanding representation from a California drug crime defense attorney. For the most valued legal advice and unsurpassed legal service, contact them today for a free consultation.

Cocaine Charges Involving Minors

California law allows for numerous sentencing enhancements to be added to a cocaine charge. One possible sentencing enhancement in a California powder cocaine case stems from the involvement of minors in the alleged drug activity. If you’re facing a California cocaine charge with a sentencing enhancement involving minors, you face serious repercussions. Skilled California defense attorneys from The Kavinoky Law Firm can review your case and begin planning a strategic defense.

The court cannot impose the additional punishment of a sentencing enhancement unless the prosecutor proves both the underlying drug charge and the enhancement beyond a reasonable doubt. You cannot be punished for a sentencing enhancement if you’re not convicted of the underlying charge.

California’s determinate sentencing laws specify the punishment for felonies and certain sentencing enhancements as a lower, middle or upper term, usually expressed in years. Aggravating or mitigating factors — information that prompts the judge to treat you more harshly or leniently — help the judge decide which sentence to impose.

The following sentencing enhancements can be filed in a California powder cocaine case involving minors:

Code Section Enhancement Punishment 11353 Induce minor to possess, possess for sale, sell, etc. OR hire minor to sell OR sell to minor 3-6-9 11353.1(a)(1) Violation of 11353 at a church, youth center, day care, pool, etc. Add one year 11353.1(a)(2) Violation of 11353 on or near school grounds Add two years 11353.1(a)(3) 11353 with minor four years younger than defendant Add full 1-2-3 11370b 11353 (sale) no probation, no suspension, no discretion PC 1170.72 11353, 11353.5, 11353.7, 11354, 11361, 11380 or 11353.1(a)(3), 11353.6, or 11380.1(a)(3) and the minor is younger than 12 Aggravating circumstance for sentencing

Powder cocaine cases involving minors are treated extremely seriously, so you need a top defense lawyer aggressively defending your case. Skilled California defense attorneys from The Kavinoky Law Firm are ready to review your cocaine case and help you determine your next step. Please contact an experienced California drug defense lawyer today at 1.800.NO.CUFFS for a free consultation.

Patients and caregivers

California has legalized medical marijuana use, cultivation and distribution for those who are seriously ill and in need of the drug (so long as they have a doctor’s recommendation or prescription for it) and for their primary caregivers. These laws are detailed in Proposition 215 – also known as the Compassionate Use Act – and Senate Bill 420. While California has legalized marijuana for medicinal purposes, any use of the drug is still prohibited by federal law. As a result, an individual living in California who has the right to use, grow or distribute medical marijuana may still be brought up on federal charges. It should also be noted that such an individual may still be arrested in California by his or her local police department, as law enforcement is quick to arrest those who have any dealings with this drug. These are just a few of the reasons why it is necessary for an individual who has been arrested for any activity dealing with marijuana to contact an experienced criminal defense lawyer who specializes in drug offenses.

SB420 expands the Compassionate Use Act to allow caregivers to have more than one patient in their home county but still restricts caregivers to one patient if their patient lives out of their county. The law protects qualified patients, patients with identification cards and their primary caregivers from prosecution for using, transporting or processing small amounts of medical marijuana and makes it more difficult for prosecutors to charge them with intent to sell. As previously mentioned, law enforcement officials may nonetheless arrest an individual who participates in these activities, but the law is designed to protect these individuals, so long as they follow the rules that are associated with its use and growth. As for possession or growth, a patient or his or her caregiver may possess or grow up to eight ounces of dried bud or conversion (not leaf, seeds or stems) and up to six mature or twelve immature plants unless a doctor or the community have authorized more.

Qualified patients are those who have a doctor’s permission to use marijuana for medical purposes. They are entitled to possess and cultivate marijuana, so long as it is in accordance with a doctor’s recommendation. Persons with an identification card hold government issued cards that entitle them to the same protections as qualified patients, but in exchange for the card, the rules regarding the marijuana use are more strictly regulated. Primary caregivers are persons, designated by a qualified patient or by a person with an identification card, who have consistently assumed responsibility for the housing, health or safety of that patient. Primary caregivers must be at least 18 years old (unless they are the parents of a minor child who is a qualified patient or a person with an identification card or the caregiver is otherwise entitled to make legal medical decisions) and may be private caretakers if so designated by a patient, a licensed clinic or health care facility, a residential care facility for the elderly, a hospice or a licensed home health agency.

These definitions and law apply to California state law. Cities and counties can adopt and enact their own legislation that regulates medicinal marijuana use, possession and cultivation to supplement these existing laws. As mentioned above, current law only permits a patient or caregiver to possess or grow up to eight ounces of dried bud or conversion (not leaf, seeds or stems) and up to six mature or twelve immature plants. Depending on where one lives, the local citizens or lawmakers of that city or county may have expanded those amounts.

The bottom line is that although California has legalized the use of medical marijuana, the laws and their enforcement are still flawed. The outstanding criminal attorneys at The Kavinoky Law Firm are here to help. They have mastered the area of drug crime defense and know how to effectively convey a medical marijuana defense to judges and jurors. For unsurpassed representation, contact them today for a free consultation.

Personal possession of marijuana – illegal searches and seizures

Possession of marijuana for personal use may be charged as either a misdemeanor or a felony in California, depending on the circumstances under which the drug was discovered. While the penalties for this offense aren’t as severe as possessing marijuana for sale, they can still be serious, which is why an individual accused of this offense should contact a criminal attorney who understands this area of the law and all of the defenses that are applicable to it.

An illegal search and/or seizure will be one of the most useful defenses if properly argued and proven, as Constitutional violations can result in the exclusion of incriminating evidence and a dismissal of one’s criminal charges. Because this defense requires a thorough understanding of both California and federal laws, only a skilled criminal defense lawyer should attempt to present this type of evidence.

The Fourth Amendment to the United States Constitution protects an individual against unreasonable searches and seizures of his or her person or property. This law prohibits unreasonable invasions of privacy, which basically means that police must have a warrant before conducting a search and that police must have probable cause to believe that an individual either possesses something illegal or is involved in illegal activity before stopping that person. It must be noted that a “search” doesn’t technically take place unless the individual being searched had a “reasonable expectation of privacy”. For example, if the police saw a marijuana cigarette coming out of someone’s pocket, that wouldn’t qualify as a search. A search would take place, however, if the police had to look inside that person’s bedroom dresser to find that same cigarette. Because a “search” didn’t take place in the first scenario, a warrant would be unnecessary.

Most personal possession of marijuana cases involve an arrest and evidence that resulted from a search and seizure. When the police suspect that an individual possesses marijuana, a search may involve an inspection of that individual, his or her surroundings and/or his or her property in order to locate all of the drugs. If found, a seizure refers to the confiscation of the marijuana and/or to taking the individual possessing the marijuana into custody. Generally speaking, if the seizure is invalid it is because it was preceded by an invalid search.

Both persons and property may legitimately be searched and seized by the police (either with or without a warrant), as long as circumstances justified the officers actions. If, however, law enforcement act without reasonable or “probable cause” or exceed their Constitutional limitations, their searches and seizures may be declared invalid and any evidence that they subsequently retrieved will be excluded from one’s case. An experienced California drug crime defense attorney will meticulously review a client’s file to see if the arresting law enforcement agency violated his or her client’s Constitutional rights in any way.

The outstanding attorneys at The Kavinoky Law Firm have mastered the laws (both state and federal) that are relevant to California drug offenses. When examining a personal possession case, they know how to immediately spot an illegal search and/or seizure and how to effectively convey this type of defense to the judge and jury. They are dedicated to protecting the rights of their clients and will aggressively pursue acquittals when they believe that illegal searches and/or seizures have taken place and where acquittals aren’t possible, they know the most effective arguments to convince a judge to impose alternative sentencing that will permit their client’s convicted of possessing marijuana for personal use to receive treatment instead of a jail sentence. For questions about illegal searches and seizures or the many other defenses that are applicable to a possession charge, contact The Kavinoky Law Firm today for a free consultation and for unsurpassed legal representation.

Clandestine Labs and Prior Convictions

Operating a clandestine lab is an extremely serious offense under California drug laws, and factors called sentencing enhancements can increase the potential repercussions even more. One possible sentencing enhancement in a California clandestine lab case is for prior convictions.

If you’ve already been convicted of certain drug offenses in California, those priors can be used to substantially increase your potential sentence. A skilled California drug lawyer from The Kavinoky Law Firm will fight to protect you from the consequences of both the underlying clandestine lab drug charge and any sentencing enhancements.

You cannot be punished for the prior convictions if you aren’t convicted of the underlying drug charges, so it’s critical to have an aggressive defense strategy. Your defense lawyer will fight your underlying drug charges and likely seek to have your prior convictions stricken from the record so that you can’t receive additional punishment for them.

These are the sentencing enhancements that can be filed for prior convictions in a California clandestine lab case:

Code Section Enhancement Sentence 11370.2b,c New 11379.6 or 11383 with prior 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11383 Add three years for each prior conviction PC 1203.073b8 Any new 11379.6,11382, 11383 with prior 11378, 11379, 11379.6, 11380, 11382, 11383 No probation, judge has discretion PC 667.5b For each prior prison commitment
(Not imposed if the defendant remained free of further felonies and prison commitments for five years after release)

Add one year
11366.5c Prior 11366.5a with new 11366.5a 2-3-4

Because a sentencing enhancement for one or more prior convictions can add substantially to your sentence in a California clandestine lab case, it’s in your best interests to aggressively fight the underlying drug charges. Seasoned California drug lawyers from The Kavinoky Law Firm have the skills and experience to craft a comprehensive defense to your clandestine lab case. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Sentencing Enhancement: Location and a Methamphetamine Charge

Certain factors known as sentencing enhancements can significantly increase your punishment in a California methamphetamine case. The location of the alleged criminal activity is one possible sentencing enhancement in a meth case.

If you’re facing a methamphetamine charge in California, you want an attorney on your side who will do everything possible to minimize or even eliminate negative repercussions. Experienced California defense attorneys from The Kavinoky Law Firm is well-versed in the latest defense techniques and will fight aggressively to protect your rights.

The prosecutor in your California methamphetamine case must prove both the underlying drug charge and the sentencing enhancement beyond a reasonable doubt in order for you to receive additional punishment. You can’t be convicted of a sentencing enhancement unless you’re found guilty of the underlying charge.

California determinate sentencing law calls for one of three prison terms in felony cases — the lower term, the middle term and the upper term, expressed in months or years. The sentence that’s applied after a conviction depends on aggravating and mitigating factors — issues that prompt harshness or leniency — and the facts of the case.

The following location sentencing enhancements can be filed in a California methamphetamine case:

Section Number Charge Sentence 11366 Maintaining a place for sale or use 16-2-3 11366.5a Rents or makes available 16-2-3 for manufacture or distribution 11366.6 Using a fortified location to possess for sale, sell, or manufacture 3-4-5 11366.5b Derive excessive profit and allow to be fortified 2-3-4 11353.6 Possess for sale, sell or manufacture upon school grounds or within 1,000 feet of school (in a public place, or place legally open to minors), while school was in session or while children were using the school facility 3-4-5 11379b Transports for sale to non-contiguous county 3-6-9 11380.5 Possession for sale or sale at public park or ocean-front beach if drug-free zone (includes library, pool, youth center) Add one year

 

11380.1a1 If 11380 and offense occurs upon grounds of playground, church, childcare, pool, when open or when minors using the facility Add one year 11380.1a2 If 11380 and offense occurs upon grounds of, or within 1,000 feet of school in session or when minors using facility Add two years

California has declared that all activities related to marijuana (with the exception of those that fall under the state’s medical marijuana laws) are illegal and will therefore be criminally prosecuted. Most of these offenses carry severe penalties, which may include drug treatment or education programs, jail or prison sentences and fines. In an effort to protect public health and safety, the legislature has also declared it a crime to sell, furnish, transport, administer or give away a substance that one falsely represents is marijuana and consequently imposes the same penalties on an individual convicted of this offense. As a result, when an individual is accused of this offense, he or she should immediately contact a California defense lawyer who has mastered the laws and defenses that regulate marijuana in this state.

According to California’s Health and Safety Code, every person who agrees, consents or in any manner offers to unlawfully sell, furnish, transport, administer or give away marijuana to another or who offers, arranges or negotiates to have marijuana unlawfully sold, delivered, transported, furnished, administered or given to another and who then sells, delivers, furnishes, transports, administers or gives or offers, arranges or negotiates to have sold, delivered, transported, furnished, administered or given to another any other liquid, substance or material in lieu of the marijuana faces a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by imprisonment in the state prison.

This type of charge requires the skill and experience of a criminal attorney who regularly practices this area of the law and who knows the defenses that will successfully protect his or her client from the penalties associated with this offense. Because this charge is a bit unusual, in that an illicit drug is not necessarily involved in the transaction, defending it calls for the knowledge, creativity and insight that only a California drug crime defense lawyer possesses. He or she must employ the defenses that typically apply to offenses where marijuana is involved, such as illegal search and seizure and lack of intent, which could still apply to this type of situation.

The unsurpassed criminal defense lawyers at The Kavinoky Law Firm are here to help. They receive on-going training and education with respect to California’s drug laws, the ever-changing policies that serve as the basis for them and the many defenses that apply to these laws, giving them a leg up on the competition when it comes to cutting-edge trial strategies and procedural tactics. With law offices throughout the state, including several in and around Los Angeles, they are conveniently located for anyone in need of an exceptional California drug crime defense attorney. For the most trusted legal advice and outstanding representation, contact The Kavinoky Law Firm today for a free case evaluation.

Powder Cocaine Offense

Cocaine, whether it’s in powder, base or crack form, is illegal to possess, sell, and transport in California. Violating those laws can result in state or federal charges. Powder cocaine is a Schedule II drug under California Health & Safety Code 11055 (b) (6)).

If you’re facing a California cocaine charge, it’s important to have knowledgeable California defense attorneys at your side. An experienced drug defense lawyer from The Kavinoky Law Firm has the skills needed to aggressively fight any powder cocaine charge.

There are a number of charges that can be brought in a California cocaine case, including possession, possession for sale, sale, manufacturing, and being under the influence. With the exception of under the influence, each of these is a felony that carries significant prison time if you’re convicted.

In addition to the charges listed above, there are numerous sentencing enhancements that can be brought in a California cocaine case. These include enhancements for weight, prior convictions, firearms, locations and minors. These sentencing enhancements can add years to your punishment in a cocaine case. You can’t be punished for a sentencing enhancement unless the prosecutor proves both the underlying drug charge and the enhancement beyond a reasonable doubt.

Fortunately, it’s possible to aggressively fight a California cocaine charge. Skilled California defense attorneys can thoroughly analyze your case and determine the most effective strategy to fight the charges, which may include a motion to suppress evidence.

Alternative sentencing that allows you to avoid incarceration is sometimes available in California cocaine cases. Alternative sentencing options may include a deferred entry of judgment (DEJ), Proposition 36, or drug court. An evaluation by a skilled substance abuse expert may help to persuade the court that alternative sentencing is appropriate.

A California cocaine conviction carries extremely harsh punishment, but it’s possible to fight the charges. A knowledgeable California drug lawyer from The Kavinoky Law Firm will fight to minimize or even eliminate the consequences of a cocaine charge. Please contact a skilled drug defense attorney today at 1.800.NO.CUFFS for a free consultation.