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.

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.

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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