Cocaine Base or Crack Charges

The laws in California governing cocaine base and crack cocaine are extremely harsh. Crack cocaine and base cocaine are illegal to use, possess, sell, possess to sell, and process or manufacture, and a conviction for most of these charges can result in a lengthy prison sentence.

The repercussions of many cocaine base or crack convictions remain harsher than for powder cocaine, despite efforts to remedy this injustice. If you’re facing a California crack or base cocaine charge, you need a knowledgeable drug defense lawyer who will do everything possible to protect you from the consequences you face. A skilled California drug attorney from The Kavinoky Law Firm has the experienced needed to aggressively fight your cocaine charge.

California’s determinate sentencing laws spell out three possible prison sentences for a cocaine offenses and other felony charges — a lower, a middle, and an upper term. The sentence the judge imposes will depend on the facts of the case and aggravating and mitigating factors — issues that will prompt the judge to treat you more harshly or leniently.

The following charges can be filed in a California crack or cocaine base case:

Code Section Charge Sentence 11350 Possession 16-2-3 11351.5 Possession for sale 3-4-5 11352 Sale (transport, import, furnish, administer, give away, or offers) 3-4-5 11379.6 Manufacture (process, prepare, etc.) 3-5-7 plus $50,000 11355 Agrees to sell, and then sells another substance in lieu of Misdemeanor or 16-2-3 11366.8a Possess or use false compartment in vehicle to store or transport Misdemeanor or 16-2-3 11366.8b Design or construct compartment in vehicle to store or transport 16-2-3 11401 Analog of cocaine base (controlled substance) (i.e. substantially similar chemical structure or effect) PC 182a1 Conspiracy to do any of the above (same as substantive charge) 11532 Loitering in a public place with the intent to commit a narcotics offense Misdemeanor

In addition to the charges listed above, the prosecutor may also file sentencing enhancements that, if proven, can add substantially to your prison sentence in a California crack or cocaine base case. Possible sentencing enhancements in a California crack cocaine case include weight enhancements, prior convictions, firearms, locations, and minors.

If you’re charged with a California crack and base cocaine charge, a skilled drug lawyer can help you mount an aggressive defense to your case. To learn more about comprehensive defense strategies in crack cocaine cases, please contact one of our California defense attorneys from The Kavinoky Law Firm today at 1-800-NO-CUFFSfor a free consultation.

Clandestine Drug Lab Charges: Guns and Firearms

Operating a clandestine lab in California is a serious offense that carries harsh consequences, and those repercussions can be substantially increased with the addition of sentencing enhancements that include guns and firearms.

The allegation that you used or possessed a firearm while manufacturing drugs is one possible sentencing enhancement that can be filed in a California clandestine lab case. A top California drug lawyer from The Kavinoky Law Firm has the skills needed to aggressively fight both the underlying drug charges and any sentencing enhancements.

The same constitutional protections apply to sentencing enhancements as to underlying criminal charges – your guilt must be proven beyond a reasonable doubt or you cannot be punished. You cannot be punished for a sentencing enhancement if you aren’t convicted of the underlying charge.

California’s determinate sentencing laws outline a range of punishment for felony offenses and enhancements. This range, expressed in months, or, more commonly, years in prison, is referred to as the lower, the middle and the upper term. The sentence the judge imposes will be determined by aggravating and mitigating factors – issues that prompt the court to treat you more harshly or leniently.

These are the sentencing enhancements that can be filed in cases that involves clandestine labs involving a gun or firearms:

Code Section Enhancement Sentence 12022c 11378, 11379, or 11379.6 (or attempt) while armed (available for offense/defense) with a firearm (loaded or unloaded, operable or inoperable) Full consecutive 3-4-5
(If vicarious 12022d, add
1-2-3)
12022a Armed with a firearm (loaded or unloaded) during the commission of any felony Add one year

These sentencing enhancements for possessing or using a gun while pursuing any of the activities associated with operating a clandestine lab can add years to an already lengthy prison sentence, so it’s important to have a strategic defense plan. Skilled California drug lawyers from The Kavinoky Law Firm has the experience needed to fight both your underlying clandestine lab charge and any sentencing enhancements. Please contact a top California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

In California, some marijuana violations are prosecuted as misdemeanors, some as felonies and some are considered “wobblers” which means that the prosecutor filing the charge has the discretion as to whether to charge the accused with a misdemeanor or a felony. Automatic felonies are reserved for the offenses that the state considers most serious, which includes manufacturing marijuana. In order to best defend against the severe penalties that this offense carries, it is imperative that an individual charged with this crime immediately contacts a skilled criminal defense lawyer who specializes in this area of the law and knows how to employ the most vigorous defenses.

Anyone who manufactures, compounds, converts, produces, derives, processes, or prepares marijuana, either directly or indirectly by chemical extraction or independently by means of chemical synthesis faces a felony, punishable by three, five or seven years in the state prison and a maximum fine of $50,000. Simply “offering” to perform one of these activities will still subject the accused to three, four or five years in the state prison.

“Manufacturing” marijuana does not necessarily mean that the process of manufacturing must be completed. Manufacturing marijuana may be charged when a person knowingly participates in the initial or intermediate steps necessary to process the marijuana. As a result, it is unlawful for a person to engage in the synthesis, processing or preparation of a chemical used in the manufacture of marijuana, even if the chemical is not itself a controlled substance, provided that the person knows that the chemical is going to be used in the manufacturing of marijuana. To prove the accused guilty of this offense, the prosecutor must show that the accused manufactured, compounded, converted, produced, derived, processed or prepared marijuana either directly or indirectly by means of chemical extraction or independently by means of chemical synthesis and that he or she knew that the marijuana that was being manufactured was a controlled substance. If the crime alleged is one of offering to do the above, it must also be proven that the accused had the specific intent to do so.

It should additionally be noted that an individual who has under his or her management or control any property (including a building, room, space, or enclosure), either as an owner, lessee, employee, agent or mortgagee, who knowingly leases, rents or makes available for use, with or without compensation, that property for the purpose of unlawfully manufacturing marijuana for sale or distribution faces either a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by imprisonment in the state prison. Anyone convicted of this offense a second or subsequent time faces two, three or four years in the state prison, as the offense will automatically be charged as a felony.

California Marijuana and Drug Defense Lawyer

When charged with manufacturing marijuana, it is critical that the accused contacts an experienced criminal attorney who understands how to successfully challenge this offense. The outstanding lawyers at The Kavinoky Law Firm have mastered everything that relates to California’s marijuana laws in an effort to provide their clients with unparalleled service. They meticulously review every case that comes their way in order to spot the defenses that will most likely convince a judge and jury that their clients are either entitled to an acquittal or, at the very least, are deserving of a reduced charge, which would entitle them to drug treatment programs in lieu of jail or prison time. To learn more about the defenses that apply to a California manufacturing marijuana charge, contact them today for a free consultation.

Prop 36

Proposition 36 is a voter-approved initiative which mandates drug treatment instead of jail for certain first- and second-time low-level drug offenses. Proposition 36 is one form of alternative sentencing that may be an option in your California drug case. A skilled California drug lawyer from The Kavinoky Law Firm can review your case and help you to determine whether Prop. 36 may be an option.

Prop. 36 is intended for non-violent, low-level California drug offenders. If you’re facing a manufacturing or possession for sale charge, you’re ineligible for Prop. 36. Also, if you have been convicted of a serious or violent felony — a strike — you cannot participate in Prop. 36 unless you have been out of prison for five years or more and have no felonies or misdemeanors that involve the threat of violence during that time period.

If you’re accepted into Proposition 36, you’ll have to attend a court-approved treatment program that will include counseling, Narcotics Anonymous meetings, and other activities.

If you enroll in Prop. 36 and then fail to complete the treatment program, you’ll have to return to court and be sentenced like any other drug offender. Therefore, it’s extremely important to ensure that you can commit to any drug treatment program that accepts you if you hope to avoid jail time and the other consequences of a California drug conviction.

Participation in Proposition 36 has literally transformed the lives of tens of thousands of California drug defendants who might otherwise had to serve jail time. Successfully completing a drug treatment program allows many individuals to address their substance-abuse issues at last and become productive members of society.

Not everyone is eligible for Prop. 36 after a drug arrest in California, but for those who are, the experience can literally change their lives. Your defense lawyer will review your case to determine whether you may be eligible for Proposition 36 diversion.

A California drug charge carries serious consequences, but Prop. 36 or another form of alternative sentencing may be an option. To learn more about Proposition 36, please contact a knowledgeable California drug lawyer from The Kavinoky Law Firm at 1.800.NO.CUFFS for a free consultation.

Diversion for Marijuana Charges in California – Penal Code PC 1000

Diversion is a California sentencing option that allows a first time marijuana offender (under certain circumstances) to avoid a jail or prison sentence and to participate in a drug education, treatment and/or rehabilitation program instead. This program only applies to a few marijuana offenses and has specific eligibility requirements, but if it is successfully completed, it allows the accused to ultimately have his or her charges dismissed. An experienced California marijuana criminal attorney is the key to seeing that this type of alternative sentencing option is offered to the accused.

Diversion (codified under California’s Penal Code section 1000) permits an individual who has been convicted of possessing marijuana for personal use, who has been convicted of cultivating marijuana for personal use (both as first time offenders) or an individual who has been convicted of possessing not more than one ounce of marijuana (other than concentrated cannabis) while driving for his or her fourth time in a two-year period to participate in a series of drug education classes in lieu of serving a jail or prison sentence. The accused may request to be referred to any program in any county, so long as it is court approved.

Diversion applies to an individual who meets the above requirements and who has no prior drug offense convictions, whose pending charge didn’t involve violence or threatened violence, whose prior criminal record doesn’t indicate that probation or parole has previously been revoked without being successfully completed, whose prior criminal record doesn’t indicate that he or she had participated in diversion within the last five years and who has no prior felony convictions within the last five years. If the prosecuting attorney believes that the accused meets these requirements, he or she will recommend that the accused participate in diversion, thereby entitling the accused to a deferred entry of judgment.

A “deferred entry of judgment” means that the defendant will be required to enter a guilty plea to the charged offense but will not be sentenced until he or she is allowed the opportunity to successfully complete the diversion program. As a part of this program, the accused will be subject to random drug testing and, if he or she tests positive for marijuana or other drug use, he or she will likely be removed from the program and sentenced to the charge to which he or she already plead guilty. An individual may face the same consequence if the judge, probation department or prosecuting attorney feels that he or she is performing unsatisfactorily in the program, that he or she is not benefiting from drug education, treatment or rehabilitation, that he or she has been convicted of misdemeanor that reflects his or her propensity for violence, has been convicted of a felony or has engaged in criminal conduct that renders him or her unsuitable for deferred entry of judgment. If, however, those same parties find that the accused successfully completed the diversion program, the judge (no sooner than 18 months and no later than three years from the individual’s referral date) will vacate the plea and dismiss the charges against him or her.

Diversion offers an eligible individual a great opportunity to avoid a jail or prison sentence that may otherwise be imposed in connection with his or her marijuana charge. Even if one isn’t charged with one of the offenses that qualifies for the diversion program, the skilled California marijuana criminal defense lawyers at The Kavinoky Law Firm may be able to negotiate a plea bargain that allows his or her client to participate in diversion by having the prosecutor agree to charge the accused with an eligible offense. To learn more about the requirements, advantages and disadvantages of diversion or about other alternative sentencing options, contact these exceptional attorneys today for a free consultation.

Possession of marijuana for sale – illegal search and seizure

Regardless of how overwhelming and incriminating the evidence appears in a possession of marijuana for sale case – of how much marijuana was possessed, of how much paraphernalia was uncovered or how much cash was collected by the arresting law enforcement agency, if the evidence was discovered and confiscated as the result of an illegal search and seizure, a qualified criminal defense lawyer will, at the very least, be able to have it excluded from his or her client’s case and may even be able to convince a judge to dismiss his or her client’s case altogether. The key lies in hiring an attorney who excels in uncovering, forming and articulating this outstanding defense.

Illegal searches and seizures are primarily addressed in the Fourth Amendment to the United States Constitution, which is why it is necessary for an attorney who will employ this defense to be well versed in both California and federal law. With respect to a possession of marijuana for sale case, a “search” refers to the inspection of the accused, of his or her surroundings or of his or her property that the officer undertakes in his or her effort to collect evidence of the offense. A “seizure” typically refers to the subsequent situation where the officer takes the accused and/or any marijuana or other contraband into police custody. The government has set limits about what types of searches and seizures are reasonable and what types are not, mainly focusing on the issue of one’s “reasonable expectation of privacy”.

It should be noted that a search necessarily involves an invasion of one’s privacy – if there is no invasion, a search may not have even taken place. For example, if an individual is openly cultivating marijuana in his or her backyard and has his or her scales and other paraphernalia out with it, visible by anyone on the street (which would include a police officer) or to anyone flying over his or her yard, a search for the drug would be unnecessary, since there would not be a “reasonable” expectation of privacy in this type of situation. However, if all of this evidence was located in an enclosed area, not visible to anyone not inside the area, and law enforcement had to enter the structure to see it, a search would have taken place. Searches and seizures are legal (with and without search warrants), but only if law enforcement can justify their actions given the circumstances that surrounded the charged event.

Searches that are executed pursuant to a pre-approved search warrant are generally considered reasonable as long as the search adhered to the requirements listed in the warrant. For example, if the police had reason to believe that the marijuana being possessed for sale was located in the suspect’s car, the warrant would give them the authority to look in the garage where the car was being stored, but would not give them the right to open a box that was also being stored in the garage. The general rule is that evidence that is collected during a proper search may be properly seized if related to the alleged offense. However, if it is proven that the warrant was invalid – for example, the judge relied on false or misleading statements by the police) – then the subsequent seizure would also be invalid.

Because possession for sale cases frequently involves constructive or joint possession of the marijuana, consent may also become an issue with respect to a legal or illegal search, which is another area that a savvy attorney would explore in an effort to argue that there was an illegal search and seizure with respect to his or her client and the client’s property.

To learn more about how an illegal search and seizure (and a variety of other defenses) can result in a dismissal of a possession of marijuana for sale charge, contact the exceptional criminal attorneys at The Kavinoky Law Firm today for a free consultation.

Santa Clara County Drug Charge

A Santa Clara County drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

If you’ve been arrested on a Santa Clara County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a Santa Clara County drug charge with the help of a skilled criminal defense lawyer. Our Santa Clara County drug defense attorneys are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

Though drug laws are similar throughout California, there are different nuances within counties, court houses, and judges that may be used in your favor. Our team approach ensures that every drug case is managed by an entire team of local and knowledgeable Santa Clara County attorneys. We will take care of everything.

Whether your Santa Clara County drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer.

Some Santa Clara County drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in a Santa Clara County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A Santa Clara County drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. If you’ve already been convicted of a drug charge, find out how we can get your criminal record expunged, so you that you may move on with your life without a blemish on your records. To learn more about strong defenses to felony drug charges, please contact an experienced Santa Clara County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our Bay Area Office:
• San Francisco

 

 

 

We proudly cover these areas of Greater Santa Clara County:
San Jose, Alum Rock, Cambrian Park, Willow Glen, East San Jose, Alviso, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, Santa Clara, Saratoga, Sunnyvale, Buena Vista, Burbank, East Foothills, Fruitdale, Lexington Hills, Loyola also known as Loyola Corners, San Martin, Seven Trees, Stanford, Sunol-Midtown, Bell Station, Casa Loma, Chemeketa Park, Coyote, Lexington Hills, Rucker, San Antonio.

Ventura County Drug Charge

A Ventura County drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

If you’ve been arrested on a Ventura County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a Ventura County drug charge with the help of a skilled criminal defense lawyer. Our Ventura County drug defense attorneys are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

Though drug laws are similar throughout California, there are different nuances within counties, court houses, and judges that may be used in your favor. Our team approach ensures that every drug case is managed by an entire team of local and knowledgeable Ventura County attorneys. We will take care of everything.

Whether your Ventura County drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer.

Some Ventura County drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in a Ventura County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A Ventura County drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. If you’ve already been convicted of a drug charge, find out how we can get your criminal record expunged, so you that you may move on with your life without a blemish on your records. To learn more about strong defenses to felony drug charges, please contact an experienced Ventura County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

 

 

 

We proudly cover these areas of Greater Ventura County:
Arbolada, Bardsdale, Buckhorn, Camarillo, Camp Bartlett, Camulos, Casa Conejo, Casitas Springs, Cavin, Channel Islands Beach, Chatsworth Lake Manor, Chrisman, Community Center, , El Rio, Epworth, Fairview, Fillmore, Greenwich Village, Haines, Hollywood Beach, Hollywood by the Sea, Keith, Kevet, Kimball, La Conchita, Lagol, Leesdale, Limon, Limoneira, Live Oak Acres, Matilija Springs, Meiners Oaks, Mira Monte, Montalvo, Moorpark, Moorpark Home Acres,  Mountclef Village, Newbury Park, North Fillmore, Nyland, Oak Park, Oak View, Oak Village, Ojai, Ojala, Ortonville, Oxnard, Oxnard Beach, Pierpont Bay, Piru, Port Hueneme,  Santa Paula, Santa Susana, Santa Susana Knolls, Saticoy, Sea Cliff, Sespe, Sespe Village, Silver Strand, Simi Valley, Solromar, Somis, Springville, Strathearn, Sulphur Springs, Thousand Oaks, Ventura, Virginia Colony, Wadstrom, Weldons, West Saticoy, Wheeler Springs, Arroyo MH Park, Arts Trailer Court, Cabrillo Village, Camarillo Mobile Estates, Casa del Norte, MH Community, Casitas MH Park, Conejo Valley Trailer Park, Corriganville, Del Francia, Mobile Estates, El Dorada Mobile Estates, El Sereno Estates MH Park, Faria, Foster Park, Friendly Village MH Park, Golden Oaks Mobile Estates, Golden Oaks MH Park, Howell Place, Lamplighter MH Park, Leisure Village, Matilija, Meiners Oaks Trailer Park, Muscle Shoals, North Ranch, Ojai Valley Estates MH Park, Old Town, Owl Mobile Manor, Oxnard Shores,  Pleasant Valley MH Park, Rancho Adolfo MH Estates, Rancho Santa Paul MH Park, Rincon, Royal Palms MH Park, Spanish Hills, Stauffer, Strickland Acres, Sycamore Cove, The Colony MH Park, Triunfo Corner, Vickers Hot Springs, Villa del Arroyo MH Estates.
.

Humboldt County Drug Charge

A Humboldt County drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

If you’ve been arrested on a Humboldt County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a Humboldt County drug charge with the help of a skilled criminal defense lawyer. Our Humboldt County drug defense attorneys are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

Though drug laws are similar throughout California, there are different nuances within counties, court houses, and judges that may be used in your favor. Our team approach ensures that every drug case is managed by an entire team of local and knowledgeable Humboldt County attorneys. We will take care of everything.

Whether your Humboldt County drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer.

Some Humboldt County drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in a Humboldt County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A Humboldt County drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. If you’ve already been convicted of a drug charge, find out how we can get your criminal record expunged, so you that you may move on with your life without a blemish on your records. To learn more about strong defenses to felony drug charges, please contact an experienced Humboldt County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

 

 

 

We proudly cover these areas of Greater Humboldt County:
Alderpoint, Alliance, Alton, Arcata, Arlynda Corners, Bayside, Bayview, Beatrice, Belleview, Benbow, Berry Glenn, Big Lagoon, Blocksburg, Blue Lake, Bracut, Brainard, Briceland, Bridgeville, Bucksport, Bull Creek, Burlington, Cain Rock, Calville, Capetown, Carlotta, Clam Beach, Cooks Valley, Crannell, Cutten, Dinsmore, Elk River, Englewood, Essex, Ettersburg, Eureka, Fairhaven, Fernbridge, Ferndale, Fernwood, Fieldbrook, Fields Landing, Fisher, Fort Seward, Fortuna, Freshwater, Freshwater Corners, Fruitland, Garberville, Glendale, Hacketsville, Harris, Holmes, Honeydew, Hookton, Hoopa, Humboldt Hill, Hydesville, Indianola, Johnsons, King Salmon, Kneeland, Korbel, Korblex, Larabee, Loleta, Lone Star Junction, Manila, Maple Creek, Maple Grove, McCann, McKinleyville, Miranda, Moonstone, Myers Flat, Myrtletown, Newburg, Oak Glen, Orick, Orleans, Patricks Point, Pecwan, Pepperwood, Petrolia, Phillipsville, Pine Hills, Port Kenyon, Redcrest, Redway, Ridgewoods Heights, Rio Dell, Riverside, Riverside Park, Rohnerville, Rosewood, Samoa, Scotia, Shelter Cove, Shively, Spruce Point, Stafford, Steelhead, Stone, Sunny Brae, Thorn Junction, Trinidad, Tyee City, Waddington, Waseck, Weitchpec, Weott, Westhaven, Whitethorn, Whitlow, Willow Creek, Worswick, Yager Junction.
.

• Article Library
• Supreme Court Ruling

Retroactive Sentencing Guidelines in Crack Cocaine Cases

Thousands of people convicted of crack cocaine offenses may be eligible for retroactive sentence reductions because of revised guidelines by the U.S. Sentencing Commission. An estimated 19,000 defendants will be impacted by these retroactive changes, which took effect March 3.

However, a sentence reduction isn’t automatic – it must be ordered by a federal judge. To find out whether retroactive changes in crack cocaine sentencing guidelines apply to your case, contact an experienced lawyer from The Kavinoky Law Firm.

Not all crack cocaine defendants will be eligible for a lower sentence. A federal sentencing judge will decide whether the offender is eligible for a lower sentence and how much the sentence will be reduced.

A federal judge determining whether to reduce a crack cocaine offender’s sentence will weigh numerous factors, including whether a reduced sentence will endanger the public.

The impact of these revised guidelines is expected to occur incrementally over the next 30 years, because many crack cocaine offenders will still be required under federal law to serve mandatory five-, ten-, or 20-year sentences even under the revised guidelines.

These latest revisions to the crack cocaine sentencing guidelines are part of an ongoing effort to equalize the punishment for powder and crack cocaine offenses. In its 2002 report to Congress titled “Cocaine and Federal Sentencing Policy,” the U.S. Sentencing Commission found that the original sentencing guidelines for crack cocaine exaggerated the relative harmfulness of the drug, were too broad and disproportionately targeted lower-level offenders, were disproportionate to the seriousness of the offense, and unfairly impacted minorities.

Between 1995 and 2007, approximately 56,000 defendants were sentenced under the harsher crack cocaine guidelines despite efforts to narrow the disparity between sentences for powder and crack cocaine.

If you or someone you care about was sentenced for a crack cocaine offense during that time period, it may be possible to have the sentence reduced. To learn more about retroactive sentencing guidelines in crack cocaine cases, contact a knowledgeable California lawyer from The Kavinoky Law Firm today for a free consultation.