Crack Cocaine Charges With Prior Convictions

In addition to the substantial penalties associated with a California crack or cocaine base conviction, factors called sentencing enhancements can add years to your sentence. One possible sentencing enhancement in a California cocaine base or crack prosecution is for prior drug convictions.

If you have prior drug convictions and are facing a California crack or base cocaine charge, you need a defense lawyer who is willing to fight to protect you from the serious repercussions you face. Experienced California drug lawyers from The Kavinoky Law Firm are ready to review your case and begin developing a strong defense strategy.

Sentencing enhancements are allegations that, if proven, can add substantially to your punishment in a crack or base cocaine case. If you’re not convicted of the underlying cocaine charge, you cannot be punished for a sentencing enhancement.

The following sentencing enhancements for prior convictions can be filed in a California crack or base cocaine case:

Section Number Enhancement Punishment 1203.073b6 Transporting for sale, importing for sale, administering, or offering, or attempting No probation, judge has discretion 11370a Any new 11350, 11351.5, 11352, 11353 with any prior felony narcotics conviction No probation, judge has discretion 11370.2a New 11351.5, 11352, 11380.5 with prior 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5 or 11383 Add three years for each prior conviction PC 1203.07(a)(11) Any new 11351 or 11352 charge with prior 11351 or 11352 conviction No probation, no discretion 11353.4 New 11353 with prior 11353 (with prison sentence) 1-2-3 PC 667.5b For each prior prison commitment (unless defendant remained free of both additional prison term and felony conviction) Add one year 11366.5c Prior 113665a with new 113665a 2-3-4

Obviously, sentencing enhancements for prior convictions and other factors can add substantially to your punishment in a California cocaine base or crack case, so it’s imperative to aggressively fight these allegations. A skilled California drug lawyer from The Kavinoky Law Firm is ready to review your case and develop a comprehensive defense strategy designed to protect your freedom. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Heroin Charges Involving Minors

Being convicted of a California heroin offense brings harsh repercussions, and factors called sentencing enhancements can substantially increase your punishment. The allegation that your offense involved minors is one possible sentencing enhancement in a California heroin prosecution.

Because the consequences of a California heroin conviction and any sentencing enhancements threaten your freedom, it’s crucial to aggressively fight these allegations with the help of California defense attorneys. An experienced California drug lawyer from The Kavinoky Law Firm is ready to analyze your case and plan a strategic defense.

You can’t be punished for a sentencing enhancement if you’re not convicted of the underlying drug charge. Also, the prosecutor must prove your guilt in the sentencing enhancement beyond a reasonable doubt or you cannot receive any additional punishment.

These are the sentencing enhancements that can be added to a California heroin charge involving minors:

Code Section Enhancement Sentence 11353 Induce minor to possess, possess for sale, sell, etc. OR hire minor to sell, etc. OR sells, etc. to minor 3-6-9 11353.1(a)(1) If 11353 at church, youth center, day care, pool etc. Add one full year 11353.1(a)(2) If 11353 on or near school Add two full years 11353.1(a)(3) If 11353 and minor four years or more younger than defendant Add full 1-2-3 PC 1170.72 If 11353, 11353.5, 11353.7, 11354, 11361, 11380 or 11353.1(a)(3), 11353.6, 11380.1(a)(3), and minor 11 years old or younger Circumstance in aggravation for sentencing

California heroin cases involving minors can be punished with years in prison, and your only recourse is to fight the charges aggressively. Knowledgable and skilled California defense attorneys from The Kavinoky Law Firm will do everything possible to protect you from the repercussions of a heroin conviction. Please contact us at 1.800.NO.CUFFS for a free consultation.

Marijuana is the most commonly used illegal drug in the United States. It interchangeably goes by the names of pot, weed, Mary Jane, hash, dope, grass, cannabis, ganja and indo and is typically smoked in a cigarette, a pipe (or bong) or a “blunt”, which is a cigar that has been emptied of tobacco and refilled with marijuana. It may also be brewed to drink or cooked into food. Legally, marijuana is defined as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. Penalties for offenses involving marijuana (other than for legitimate medicinal purposes) will depend on whether an individual is arrested for possessing, cultivating, driving while under the influence of, transporting or selling the drug and the quantity of the drug (that is, whether it is for personal use or for distribution).

Because drug offenses are so vigorously prosecuted in California, it is critical that an individual accused of a marijuana related crime contacts a criminal defense lawyer who specializes in drug crimes and knows how to successfully defend his or her clients. The exceptional attorneys at The Kavinoky Law Firm will passionately and skillfully fight for their clients in an effort to have all drug charges either reduced or dismissed.

The Controlled Substances Act classifies all drugs that are regulated under existing federal law into five schedules according to their harmfulness, medicinal value and potential for abuse or addiction. Schedule I (which is where marijuana drugs are listed) is reserved for the most dangerous drugs that have no recognized medical use, while Schedule V drugs are the least dangerous. Clearly there is debate as to whether marijuana should be a schedule 1 drug, because it does have recognized medicinal purposes. Nonetheless, because marijuana is classified as schedule 1, the penalties that are imposed in connection with its use and sale can be severe.

The main active ingredient of marijuana is THC (delta-9-tetrahydrocannabinol). Its effects are felt differently, depending on how it is ingested into the body. When smoked, its effects are felt almost immediately and can last anywhere from 1 to 3 hours. If an individual eats or drinks marijuana, the effects take longer to initially feel and may last longer, up to 4 hours. This is because THC enters the blood much quicker when smoked then when consumed in food or drink. The effects on each individual range but usually include a rapid heart beat, red eyes, pleasant sensations, a dry mouth, increased appetite and a feeling that time has slowed down. As the effects wear off, the user may feel sleepy, depressed, anxious or panicked.

There are a variety of drug offenses (including those relating to marijuana) that have special sentencing considerations that only a criminal attorney experienced in California drug laws will know to ask for. Alternative sentencing is available for qualifying crimes, which allows an offender to avoid a jail or prison sentence to attend a drug-treatment program that, upon completion, may entitle the accused to a dismissal of the underlying charges. One’s freedom and reputation is simply too important to trust to an inexperienced attorney.

California Marijuana and Drug Defense Lawyer

The laws surrounding marijuana use and possession are technical and complex, which is why it is critical that an individual accused of such a crime hires an attorney who has mastered this field of law. The outstanding attorneys at The Kavinoky Law Firm have done just that. They receive ongoing education and training on drug offenses, which enables them to provide the most comprehensive defenses for their clients. They treat each client with nothing but compassion and respect and demand the same from the criminal court system. With law offices located in Los Angeles and throughout California, they are conveniently located for anyone in need of a California drug crime defense attorney. For the most trusted legal advice and unparalleled representation, contact them today for a free consultation.

Deferred Entry of Judgment (DEJ)

Many drug convictions in California can result in jail time, but alternative sentencing may allow you to avoid all or part of a jail sentence. A deferred entry of judgement, or DEJ, may be an option in a California drug case. Skilled CA drug lawyers from The Kavinoky Law Firm can analyze your case to determine whether a DEJ may be a possibility in your case.

Defendants seeking a DEJ plead guilty to the charges they face and will have an opportunity to withdraw their pleas after a year and a half if they have successfully completed the program requirements.

A defendant seeking a deferred entry of judgement must complete a drug treatment or education program and is placed on conditional probation. At the end of 18 months (or the time period set by the court), a defendant who has completed the drug education requirement, satisfied the terms of probation, avoided additional criminal charges and paid all fines and fees will be allowed to withdraw the guilty plea, and the original drug charges will be dismissed.

Only certain individuals are eligible for a DEJ. Defendants with convictions for violent crimes or those who have defaulted on another DEJ within the past five years won’t be considered. In addition, any defendant who fails to meet the requirements of the DEJ will have a judgement entered and will be sentenced accordingly.

If you’re facing a California drug offense, you may be eligible for a DEJ that will allow you to avoid jail and a criminal record. To learn more about a deferred entry of judgement in a California drug offense case, please contact a skilled CA drug lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Proposition 36

Proposition 36, also called The Substance Abuse and Crime Prevention Act, is a California law that views marijuana possession as a public health issue rather than a criminal issue for those individuals who are willing to accept treatment. Although this alternative sentencing option allows an individual to participate in a drug treatment program instead of suffering a jail or prison sentence, there are certain eligibility requirements that must be met as well as some disadvantages to serving this type of alternative sentence. Because of these issues, it is critical that an individual charged with a marijuana-related offense immediately contacts one of the skilled California drug criminal defense lawyers at The Kavinoky Law Firm who can help educate the accused about his or her options.

Proposition 36 allows those accused of non-violent drug offenses, including marijuana possession for personal use, to escape a jail or prison sentence that may otherwise be imposed in connection with a conviction. It includes a probation and drug treatment sentence, and specifically states that an eligible offender need not be incarcerated as part of his or her probation. This act applies to first and second time offenders – those who have repeatedly attempted rehabilitation will not qualify for this type of alternative sentence. Prop. 36 doesn’t change the laws that regulate marijuana use or possession, just the ways that one can be sentenced as a result of violating those laws.

Proposition 36 sentencing requires an individual to undergo drug treatment for up to one year (and possibly up to two years in extraordinary situations). Depending on the facts of the case, on the individual offender and on the judge, treatment will vary, but may consist of drug education or prevention courses, outpatient therapy, inpatient or residential drug rehabilitation or taking residence in a sober livingenvironment. Severe dependence and relapse issues will be considered by the court when deciding which type of treatment would most benefit the accused.

Proposition 36 is quite limited with respect to which offenses will qualify. Those accused of manufacturing, producing and/or selling marijuana are specifically prohibited from receiving this type of sentencing relief. However, even if an individual is charged with one of these (or one of the many other offenses that are not included in a Prop. 36 treatment program), an experienced marijuana defense lawyer may be able to arrange it so that his or her client pleads down to a lesser charge that will qualify for treatment. This is one of the reasons why it is so important for an individual accused of a marijuana-related offense to consult with a top criminal attorney who knows what types of charges he or she should be asking for when involved in plea negotiations with the prosecution.

Proposition 36 has an advantage over a drug diversion sentence in that a guilty plea is not a prerequisite to participate. However, if there is a conviction, it will remain on one’s record while in treatment and its dismissal upon completion of the program isn’t guaranteed.

A savvy, knowledgeable attorney from the Kavinoky Law Firm will explain all of the intricacies involved in a Proposition 36 sentence to an individual who may qualify for it, including the eligibility requirements and the advantages and disadvantages of pursuing this type of treatment before seeking it as an alternative to jail or prison. The firm has an in-depth knowledge about the different sentencing options available to their clients charged with marijuana offenses and will do their best to ensure that a client receives the option that best serves his or her needs. For the most trusted legal advice and to learn more about Prop. 36, contact The Kavinoky Law Firm today for a free consultation.

Personal possession of marijuana – lack of knowledge

Personal possession may be charged as either a misdemeanor or a felony in California, depending on how much marijuana the accused possessed and depending on the type of marijuana drug that the accused possessed. While it is considered a much less serious offense than possession of marijuana for sale, it still carries stiff penalties. When arrested on a possession charge, it is critical that the accused contacts a criminal defense lawyer who specializes in California marijuana defense in order to secure the best representation.

Lack of knowledge provides a defense to a personal possession charge that an inexperienced attorney may not fully understand or know how to effectively articulate for a judge and jury. “Possession,” by definition, necessarily implies knowledge – in other words, a person cannot be convicted of possessing anything without the knowledge that he or she is doing so. With respect to a drug possession case, it is necessary that the accused has control over the marijuana, has knowledge of its presence and has knowledge about its narcotic character. If either of those knowledge issues can be effectively called into question, the accused should not be convicted.

Lack of knowledge about marijuana’s presence is one defense. This type of defense would most likely arise if marijuana was found in a location other than on the body of the accused. For example, if marijuana was found in a person’s car or inside his or her home, it could be argued that somebody other than the owner of the car or home (be it a friend, roommate, family member or other acquaintance) had previously left it there, unbeknownst to him or her. This defense could also apply in a situation where the accused was “framed” by another due to anger, revenge, fear of being “caught” or some other motive. Depending on the particular motive, the true culprit could “tip off” the police and hope that the accused would suffer the consequences of a possession charge. Incidentally, whether or not the police would be required to disclose the identity of the informer presents another legal issue that an experienced attorney would be prepared and qualified to handle.

Lack of knowledge about the narcotic character of marijuana can also be a defense to a possession of marijuana charge. It should be noted that both types of knowledge may be proven using circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it). With respect to marijuana’s narcotic character, this fact may be easily proven by the prosecution if the accused has a history of possession or other drug related charges or if he or she made any statements at the time of arrest that indicated he or she knew that marijuana was an illegal drug. Without this type of history or without incriminating statements, this element will be more difficult for the prosecution to prove and easier for a defense attorney to challenge.

Lack of knowledge is only one defense out of several that may be applicable to a personal possession of marijuana case. The outstanding criminal attorneys at The Kavinoky Law Firm critically review every case that they receive in an effort to uncover as many defenses as they can that will apply to their clients’ cases. Because they focus on and stay on top of California’s drug laws, they know which defenses will most likely persuade a judge and jury to acquit their clients and which will not. With law offices throughout California, including several in Los Angeles, they are conveniently located for anyone in need of an aggressive, passionate and skilled California defense attorney. For unsurpassed legal advice and the best representation, contact them today for a free consultation.

The law of forfeiture is complex, and is rooted in ancient theories about property itself being “guilty.” Due to these odd theories, modern forfeiture laws make it fairly simple for the government to go after someone’s assets. One need not be convicted or charged with a crime before his or her property is seized and forfeited. In situations involving drugs all the government needs to do is provide some reasonable connection between the money and the drugs.

It takes an experienced lawyer to handle a forfeiture case. Forfeiture cases involve the ability to trace a connection between money and an illegal substance. It cannot always be certain that there is a connection, but often it is not difficult to come up with one that sounds reasonable. It takes true skill and sophistication to defeat the government’s attempt to force forfeiture.

There are many items that are eligible for forfeiture. The long and extensive list includes any cars, boats, airplanes, or other vehicle which is used or intended for use, as a container of any illegal substances or equipment, and raw material used in the making of the illegal substances. Of course, the illegal substances and the raw material required for their production are also subject to forfeiture.

In the area of drug-dealing, if the government believes that your car, boat, or airplane was used to facilitate the manufacture of, possession for sale, or sale of specific amounts of different drugs, that vehicle will be seized and forfeited. The laws are harsh, but they can be fought with some hard work by a qualified attorney.

All books, records, research products and materials, and any tapes or data, and devices that contain data that were used or intended for use in connection with the illegal substances may be seized.

All money, stocks, or any other thing of value that is furnished or intended to be furnished, by any person in exchange for controlled substances may be seized. These things may be seized so long as they can be traced back to an exchange for controlled substances.

Real property, including houses, is also subject to forfeiture. But, because more than one person generally lives in a house, the property will not be seized for forfeiture if it is used as a family residence or for another lawful purpose. Also, if two or more individuals own a home, so long as one of the individuals had no knowledge of the criminal activity, the property will not be forfeited.

To protect your property rights, it is best to get in touch with an experienced attorney as soon as you have knowledge of any investigative actions concerning your property. The process for forfeiture can begin before criminal charges are even filed against you. Act fast to try to save yourself from having to file appeals which can take years. The knowledgeable criminal defense lawyers of the Kavinoky Law Firm are unsurpassed in achieving the best possible results for their clients. Call them today for a free consultation.

San Francisco County Drug Charge

A San Francisco 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 San Francisco County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a San Francisco County drug charge with the help of a skilled criminal defense lawyer. Our San Francisco 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 San Francisco County attorneys. We will take care of everything.

Whether your San Francisco 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 San Francisco 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 San Francisco County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A San Francisco 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 San Francisco County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our San Francisco Office:
• San Francisco

 

 

We proudly cover these areas of Greater San Francisco County:
Bayview District, Chinatown, Fort McDowell, Fort Winfield Scott, Ingleside, Marina District, Mission District, North Beach, Potrero District, Richmond District, San Francisco, Sunset District, Western Addition, Amanico Ergina Village, Banneker Homes, Bayside Village, Diamond Heights Village, Doelger City, Eldton, Forest Hill, Forest Knolls, Frederick Douglass Haynes Gardens, Friendship Village, Glenridge, Gold Mine Hill, Golden Gate Heights, Haight-Ashbury, Ingleside Heights, Ingleside Terrace, Jordan Park, Laguna Heights, Little Italy, Little Osaka, Loren Miller Homes, Malcolm X Square, Marcus Garvey Square, Martin Luther King Square, Merced Heights, Merced Manor, North Point Public Housing, Oceanview, Opera Plaza, Pacific Heights, Park Merced, Park View Commons, Presidio Terrace, Saint Francis Square, Saint Francis Wood, Seacliff, Sherwood Forest, Silver Terrace, Stonestown, Thomas Paine Square, Valencia Gardens, Victoria Mews, Village Square, Vista Del Monte, West Portal.

Orange County Drug Charge 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 an Orange County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to an Orange County drug charge with the help of a skilled criminal defense lawyer. Our Orange 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 Orange County attorneys. We will take care of everything.

Whether your Orange 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 Orange 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 an Orange County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

An Orange 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 Orange County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our Orange County Offices:
• Newport Beach

 

 

We proudly cover these areas of Greater Orange County:
Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda.

 

Riverside County Drug Charge

A Riverside 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 Riverside County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a Riverside County drug charge with the help of a skilled criminal defense lawyer. Our Riverside 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 Riverside County attorneys. We will take care of everything.

Whether your Riverside 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 Riverside 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 Riverside County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A Riverside 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 Riverside County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our Riverside Office:
• Riverside

 

 

We proudly cover these areas of Greater Riverside County:
Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas (Cardiff-by-the-Sea, Leucadia, Olivenhain), Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside (San Luis Rey), Poway, Riverside, San Marcos, Santee, Solana Beach, Vista, 4S Ranch, Agua Caliente Springs, Alpine, Barrett, Blossom Valley, Bonita, Bonsall, Borrego Springs, Bostonia, Boulevard, Camp Pendleton North, Camp Pendleton South, Campo, Canebrake, Casa de Oro-Mount Helix, Crest, Cuyamaca, Dehesa, Del Dios, De Luz, Descanso, Dulzura, Eucalyptus Hills, Fairbanks Ranch, Fallbrook, Fernbrook, Flinn Springs, Granite Hills, Guatay, Harbison Canyon, Hidden Meadows, Jacumba, Jamul, Julian, La Presa, Lake Morena, Lake San Marcos, Lakeside, Lincoln Acres, Live Oak Springs, Manzanita, Mount Laguna, Pine Hills, Pine Valley, Potrero, Pueblo Siding, Rainbow, Ramona, Ranchita, Rancho Riverside, Rancho Santa Fe, Rincon, Riverside Country Estates, San Elijo Hills, Santa Ysabel, Shelter Valley, Spring Valley, Tecate, Tierra del Sol, Valley Center, Vallecitos, Warner Springs, Winter Gardens.
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