There are many laws in California that regulate the use, distribution, cultivation and transportation of marijuana and violating those laws can result in severe sanctions. When an individual is accused of any marijuana-related offense, he or she should immediately contact a skilled attorney who routinely practices California drug defense and who therefore knows all of the ways to have his or her client’s case either reduced or dismissed.
One such law deals with concealing marijuana in a false compartment, which, depending on the circumstances, may be prosecuted as either a misdemeanor or as a felony. Every person who possesses, uses, or controls a false compartment with the intent to store, conceal, smuggle, or transport marijuana within the false compartment faces either a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by imprisonment in the state prison. Whether the crime is filed as a misdemeanor or as a felony will depend primarily on the circumstances that surrounded the charged incident, which will be analyzed by the prosecutor. A savvy, persuasive defense attorney is therefore the key to ensuring that the offense is prosecuted as a misdemeanor.
Every person who designs, constructs, builds, alters, or fabricates a false compartment for or installs or attaches a false compartment to a vehicle with the intent to store, conceal, smuggle, or transport marijuana faces a felony, punishable by 16 months or two or three years in the state prison.
A “false compartment” is a space in a vehicle that is neither designed nor intended for the storage or transportation of personal items, but is nevertheless used to conceal marijuana. The term “false compartment” refers to any box, container, space, or enclosure that is intended for use or designed for use to conceal, hide, or otherwise prevent the discovery of marijuana within or attached to a vehicle, including, but not limited to, any of the following: false, altered, or modified fuel tanks, original factory equipment of a vehicle that is modified, altered, or changed or a compartment, space, or box that is added to, fabricated, made or created from existing compartments, spaces or boxes within a vehicle. There is no requirement that there actually be any modification to the physical configuration of the space, only that it is used to store or transport marijuana. It should be noted that a “vehicle” refers to any type of vehicle, regardless of whether it is privately or commercially owned, and may include a car, truck, bus, airplane, boat, ship, yacht or any other vessel.
California prosecutors are eager to charge an individual accused of participating in any illegal activity that deals with marijuana with as many offenses as they can. This means that an individual who is accused of committing this crime will likely additionally be charged with one or more of the following: possession of marijuana, possession of marijuana for sale and transporting marijuana. Only an experienced criminal defense lawyer who specializes in this area of the law will know when multiple charges are impermissible and the most convincing arguments to persuade a judge accordingly.
California Marijuana and Drug Defense Lawyer
The exceptional criminal attorneys at The Kavinoky Law Firm have mastered the laws that relate to California’s marijuana offenses, which include the many defenses that are applicable to these crimes. They are dedicated to protecting the rights of their clients and know what it takes to win. These outstanding attorneys are conveniently located for anyone in need of a skilled California drug crime defense attorney, maintaining several Los Angeles law offices and a host of others throughout the state. To speak with an attorney about a marijuana charge, for the most trusted legal advice or for unparalleled representation, contact them today for a free consultation.