Heroin Charges and Prior Convictions

California heroin charges are felonies that carry substantial prison time, and the addition of factors called sentencing enhancements can add years to your punishment. Prior drug convictions are one factor that can be used to enhance your sentence in a California drug case.

Because the consequences of a California heroin conviction with a sentence enhancement for prior convictions are so severe, it’s critical to aggressively defend yourself against these charges. California drug lawyers from The Kavinoky Law Firm will use proven defense strategies to fight your California heroin charge and protect your rights.

You cannot be punished for any sentencing enhancement if the prosecutor cannot convict you of the underlying drug charge.

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

Code Section Enhancement Punishment 11370a New 11350, 11351, 11352, 11353, 11355 with any prior narcotics felony conviction No probation, judge has discretion 11370.2a New 11351, 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)(3) Any new sale (11352) or possession for sale (11351) with prior sale or possession for sale No probation, no discretion 11352.5 Any new sale or possession for sale with prior sale or possession for sale Fine of up to $50,000 PC 667.5b Each prior prison commitment (unless defendant has remained free of prison and further felony conviction) For each prior prison commitment, add one year 11366.5c Prior 11366.5a with new 11366.5a 2-3-4

Prior convictions can add years to your prison sentence in a California heroin case, so you need a drug defense lawyer with the skills needed to aggressively fight both your drug charge and your sentencing enhancement. Skillful and knowledgable California drug lawyers from The Kavinoky Law Firm will are ready to review your case and start building a strong defense strategy. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Heroin Charges and Firearms

A California heroin conviction comes with extremely harsh repercussions, and the addition of factors called sentencing enhancements can add years to your punishment. The allegation that you used a firearm or even had access to a gun is one possible sentencing enhancement in a California heroin case.

If you’re accused of a California heroin offense with a firearm enhancement, you need California criminal defense attorneys who will aggressively challenge these charges. A knowledgeable California drug lawyer from The Kavinoky Law Firm will take all necessary steps to protect you from the serious consequences of a heroin charge and a firearms enhancement.

A sentencing enhancement must be proven beyond a reasonable doubt, just like the underlying drug charge, or you cannot receive additional punishment. Also, you cannot be punished for a firearms enhancement or any other sentencing enhancement if you aren’t convicted of the underlying drug offense.

These are the firearms sentencing enhancements that can be filed in a California heroin case:

Code Section Enhancement Sentence 11550e Under the influence while in personal possession (including in passenger compartment of vehicle) of loaded, operable firearm Misdemeanor or 16-2-3 11370.1 Under the influence while armed (available for offense or defense) of a loaded, operable firearm 2-3-4
No diversion,
PC 12022c 11351 or 11352 (or attempt) while personally armed (available for offense/defense) with a firearm (loaded or unloaded, operable or inoperable) Full consecutive 3-4-5 OR PC 12022a Armed with a firearm (loaded or unloaded) in the commission of any felony Add one year

The allegation of possessing or using a gun or firearm during the commission of a California heroin offense can add years to your prison sentence if proven, so it’s essential to mount an aggressive defense to both the underlying drug charge and the sentence enhancement. To learn more about effective defenses to California heroin charges and gun enhancements, please contact experienced California criminal defense attorneys from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

There are many laws in California that regulate the use, distribution, cultivation and transportation of marijuana and violating those laws can result in severe sanctions. When an individual is accused of any marijuana-related offense, he or she should immediately contact a skilled attorney who routinely practices California drug defense and who therefore knows all of the ways to have his or her client’s case either reduced or dismissed.

One such law deals with concealing marijuana in a false compartment, which, depending on the circumstances, may be prosecuted as either a misdemeanor or as a felony. Every person who possesses, uses, or controls a false compartment with the intent to store, conceal, smuggle, or transport marijuana within the false compartment faces either a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by imprisonment in the state prison. Whether the crime is filed as a misdemeanor or as a felony will depend primarily on the circumstances that surrounded the charged incident, which will be analyzed by the prosecutor. A savvy, persuasive defense attorney is therefore the key to ensuring that the offense is prosecuted as a misdemeanor.

Every person who designs, constructs, builds, alters, or fabricates a false compartment for or installs or attaches a false compartment to a vehicle with the intent to store, conceal, smuggle, or transport marijuana faces a felony, punishable by 16 months or two or three years in the state prison.

A “false compartment” is a space in a vehicle that is neither designed nor intended for the storage or transportation of personal items, but is nevertheless used to conceal marijuana. The term “false compartment” refers to any box, container, space, or enclosure that is intended for use or designed for use to conceal, hide, or otherwise prevent the discovery of marijuana within or attached to a vehicle, including, but not limited to, any of the following: false, altered, or modified fuel tanks, original factory equipment of a vehicle that is modified, altered, or changed or a compartment, space, or box that is added to, fabricated, made or created from existing compartments, spaces or boxes within a vehicle. There is no requirement that there actually be any modification to the physical configuration of the space, only that it is used to store or transport marijuana. It should be noted that a “vehicle” refers to any type of vehicle, regardless of whether it is privately or commercially owned, and may include a car, truck, bus, airplane, boat, ship, yacht or any other vessel.

California prosecutors are eager to charge an individual accused of participating in any illegal activity that deals with marijuana with as many offenses as they can. This means that an individual who is accused of committing this crime will likely additionally be charged with one or more of the following: possession of marijuana, possession of marijuana for sale and transporting marijuana. Only an experienced criminal defense lawyer who specializes in this area of the law will know when multiple charges are impermissible and the most convincing arguments to persuade a judge accordingly.

California Marijuana and Drug Defense Lawyer

The exceptional criminal attorneys at The Kavinoky Law Firm have mastered the laws that relate to California’s marijuana offenses, which include the many defenses that are applicable to these crimes. They are dedicated to protecting the rights of their clients and know what it takes to win. These outstanding attorneys are conveniently located for anyone in need of a skilled California drug crime defense attorney, maintaining several Los Angeles law offices and a host of others throughout the state. To speak with an attorney about a marijuana charge, for the most trusted legal advice or for unparalleled representation, contact them today for a free consultation.

Diversion

Diversion requires the accused to enter a plea of guilty to the charge, but the accused is NOT sentenced. (Remember, nothing is final in criminal cases until the defendant is sentenced.) The accused must then undergo the diversion program, which is a series of classes. Drug testing is random, and a “dirty” test can create new legal problems, most seriously that the accused has already entered a guilty plea and can be sentenced on that plea.

There are certain eligibility requirements that must be met before the defendant can be placed on Diversion. Again, the assistance of a knowledgeable criminal defense lawyer is important, to ensure that this option is made available if the accused qualifies.

If diversion is successfully completed, the case is dismissed, and the defendant can truthfully answer that they were not convicted of that crime.

Whether Diversion is better for a person than Drug Court or Proposition 36 is a complicated question that varies from case to case. This is an important issue, since a defendant may be eligible for one or more of these programs. If you have been arrested for a drug-related offense, you should consult a California DUI and drug lawyer right away.

If you or someone you care about has a problem with alcohol or drugs, and wants help, please contact our office at once. We can help.

Property that is forfeitable

Any California offense that involves marijuana or other drugs subjects the accused to asset forfeiture. Asset forfeiture is a term used to describe the confiscation of property, by the government, which were either proceeds of crime or were the instrumentalities of a crime. “Instrumentalities” of a crime are property that was used or intended to be used to facilitate a crime, for example cars used to transport marijuana. In order to seize property, the government must show, based only on a “reasonable” connection, that the property is linked to illegal activity. It is fairly easy for the government to make this connection, and one doesn’t even need to be convicted (or even charged) with an actual crime before he or she may be subject to these proceedings. There are a number of different types of asset forfeiture proceedings (non-judicial, civil and criminal), all with their own rules and complex issues, which is why it is so important for an individual who has been accused of a marijuana-related offense to immediately contact the skilled California criminal defense lawyers at The Kavinoky Law Firm who are dedicated to protecting their client’s rights and property.

To fully understand asset forfeiture proceedings, one must first understand what property is subject to government forfeiture. Forfeiture laws apply to any property that can be linked to an illegal substance. Property is forfeitable that is “per se” illegal, which includes marijuana or any other controlled substances that are illegally possessed, transferred, sold or offered for sale and any dangerous, toxic or hazardous raw materials or their products or containers.

Property that is forfeitable with respect to marijuana use also includes cars, boats, airplanes or any other vehicles that were used or were intended to be used to transport marijuana, or equipment or any other materials that are/were used to manufacture, produce, import, deliver, export, sell or use the drug. Property also includes any of the equipment (including paraphernalia) or other materials that were involved in the offense.

Asset forfeiture also applies to any books, research materials, personal records, tapes, videos, etc. that contain information that was used or was intended to be used in connection with any marijuana-related offense. Any money, stocks or any other thing of value that was furnished or was intended to be furnished or that was received or intended to be received in exchange for any marijuana may also be seized and subject to these proceedings, if the government can simply “reasonably” trace the money or other thing of value to the transaction. On that note, any property that was purchased with that money is also forfeitable.

Forfeiture, relating to marijuana, also includes real property (houses, buildings, or facilities) if the illegal activity took place on those premises, under certain conditions. If one’s home is either occupied by others who were not involved in the criminal activity or also acts as a family residence, the property may not be subject to forfeiture, if an experienced criminal attorney can make a convincing argument that such is the case.

This article is by no means an exclusive list of all of the property that may be forfeited by the government, but is an example of the most commonly seized types of property subject to forfeiture when marijuana-related activities are involved. The best way to defeat an asset forfeiture and to protect one’s property is to contact one of the knowledgeable, well-qualified attorneys from The Kavinoky Law Firm. They have mastered this area of the law, specifically as it pertains to drug offenses, and know the most compelling arguments and evidence to present to convince the government that their client’s property shouldn’t be subject to forfeiture. To learn more, contact these outstanding attorneys today for a free consultation.

California Marijuana Laws – Possession of marijuana for personal use – medical marijuana

Possession of marijuana for personal use is prohibited by law and includes possession of any concentrated cannabis, possession of more than one ounce of marijuana (other than concentrated cannabis) or possession of less than one ounce of marijuana (other than concentrated cannabis). The first scenario may result in misdemeanor or felony prosecution, the second and third only in misdemeanor prosecution. Patients who need marijuana for medical reasons (who have a doctor’s approval for using the drug) are supposed to be exempt from this law, however overzealous law enforcement are quick to arrest anyone having anything to do with marijuana use or possession. As a result, an individual who is arrested for possession (who believes that he or she is legitimately authorized to use it for medicinal purposes) must contact an experienced California drug defense attorney who is knowledgeable with respect to a medical marijuana defense.

Medical marijuana use is regulated by The Compassionate Use Act and by Senate Bill 420. The Compassionate Use Act states that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. These patients are known as “qualified patients” and are not supposed to be arrested for possession or cultivation of marijuana. Senate Bill 420 defines patients with identification cards as those who hold a card issued by the State Department of Health Services which identifies that individual as a person authorized to engage in the medical use of marijuana.

An individual who meets either of these requirements should not, unless there are other circumstances that would warrant prosecution, be held criminally liable for marijuana use or activity under California’s current personal possession laws, possession of marijuana for sale laws, cultivation laws, transportation laws or those laws that deal with unlawful places and activities. However, as previously stated, medical marijuana use isn’t always recognized by the police and, as a result, people are frequently arrested for possessing marijuana and must turn to a skilled attorney for help.

It must be noted that just because an individual is permitted to use marijuana for medical purposes, this defense will not apply if he or she used the marijuana where smoking is prohibited by law, within 1,000 feet of a school, recreation center or youth center unless the use was within a residence, on a school bus, in a car that was being operated (even if the accused was only the passenger) or while operating a boat.

Medical marijuana use is a defense that only a practiced criminal attorney should employ, at its requirements are technical and specific. The outstanding attorneys at The Kavinoky Law Firm specialize in California drug crime defense and know how to effectively apply a medical marijuana use defense under the appropriate circumstances. Through their savvy negotiation skills and based on their excellent and trustworthy reputation with state and local prosecutors, they are able to quickly resolve these types of cases in the pre-trial stages, helping their clients avoid trials where possible. With law offices located throughout California, including several in Los Angeles, they are easily accessible to anyone in need of a top defense attorney who has mastered everything related to California’s drug laws and their defenses. For unsurpassed representation and for the most trusted legal advice, contact The Kavinoky Law Firm 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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