Cocaine Base or Crack and Locations

A California crack or cocaine base conviction can bring a lengthy prison sentence, and that punishment can be increased significantly by sentencing enhancements based on the location of the alleged offense.

If you’re facing a California cocaine base or crack charge with a location sentencing enhancement, it’s critical to have a knowledgeable drug defense lawyer fighting for your rights. A skilled California drug attorney from The Kavinoky Law Firm is ready to analyze your case and build an aggressive defense strategy.

A crack or cocaine base location sentencing enhancement stems from either maintaining a place to commit drug offenses or the proximity of the alleged offense to a school, park, beach or other location where minors congregate.

You cannot be punished for a sentencing enhancement if you are not convicted of the underlying narcotics offense. The prosecutor in your cocaine base or crack case must prove both the sentencing enhancement and the underlying drug charge beyond a reasonable doubt in order for you to receive additional punishment.

Like many felony drug offenses, many sentencing enhancements are punishable by three possible prison terms — the lower, the middle and the upper term. The judge will determine the sentence if convicted based on 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 based on location in a California crack or cocaine base prosecution:

Code Section Enhancement Sentence 11353.6 Possess for sale, sell or manufacture upon grounds of school or within 1,000 feet of school (in a public place, or place legally open to minors) while school was in session or when children using facility Add 3-4-5 11366 Maintain a place for sale or use Misdemeanor or 16-2-3 11366.5a Rents or makes available for manufacture or distribution Misdemeanor or 16-2-3 11366.6 Utilizing 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 11352b Transports for sale to non-contiguous county 3-6-9 11380.5 Possession for sale or sale at public park or oceanfront beach if drug-free zone (includes library, pool, youth center) Add one year

A crack or cocaine base conviction with location sentencing enhancements can bring substantial prison time, so it’s crucial that you have a skilled defense lawyer on your side fighting for your freedom. An experienced California drug defense attorney from The Kavinoky Law Firm has the knowledge needed to aggressively fight your crack or cocaine base charge and any sentencing enhancements. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Clandestine Drug Labs

As drug labs have become more and more common, California lawmakers have enacted numerous statutes to criminalize nearly every aspect of manufacturing drugs, even activities that seem fairly benign. If you’ve been charged with any California criminal offense related to operating a clandestine lab, you need a skilled defense lawyer on your side. Knowledgeable California drug lawyers from The Kavinoky Law Firm is well-versed in every aspect of fighting charges involving clandestine drug labs.

Although California’s clandestine lab drug laws cover the manufacture of many different types of drugs, methamphetamine is the most commonly produced drug at these sites. Methamphetamine can be produced almost anywhere by individuals without extensive knowledge about chemistry.

The California Health & Safety Code, which governs most drug offenses, contains numerous charges that can be filed in a clandestine lab case. The possible charges in a California drug lab case include manufacturing, possession of precursor chemicals with intent to manufacture, disposal of hazardous substances by a manufacturer of controlled substances, and many others.

In addition to the many charges that can be brought in a clandestine lab case, there are a number of sentencing enhancements that can increase the potential penalties even more. These include enhancements for weight, prior convictions, firearms, locations and minors.

You can also face charges and sentencing enhancements for the specific drug alleged to have been manufactured, whether it’s methamphetamine, crack cocaine, PCP, synthetic heroin, or so-called “club drugs” like GHB or Ecstasy. You can also be forced to pay fines and civil penalties related to the cleanup of drug labs.

Fortunately, it’s possible to fight these charges and win. Experienced California drug lawyers from The Kavinoky Law Firm will fight aggressively for your rights and freedom in your clandestine drug lab case. Please contact a top California drug lawyer today at 1-877-4-NO-CUFFS for a free consultation.

California Marijuana Laws – Drug Paraphernalia

Drug paraphernalia consists of a wide variety of items that are considered illegal in California if they are designed to aid in any activity related to the illegal use, distribution or transportation of marijuana. If found guilty of the crimes related to marijuana paraphernalia, the accused faces a misdemeanor, punishable by up to a year in county jail, a maximum $1,000 fine and a requirement that the individual forfeits the seized paraphernalia. In order to avoid these penalties, it is important to consult with an attorney who knows and understands the different defenses that apply to California’s drug laws.

Drug paraphernalia, with respect to marijuana, refers to all equipment, products and materials that are designed for use in planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, ingesting, inhaling, or otherwise introducing marijuana into the human body. Because of the wide variety of products that meet this definition, the following is only an example: scales and balances that weigh or measure marijuana, separation gins and sifters used to remove twigs and seeds from (or that otherwise clean or refine) marijuana, containers used to package or store marijuana and objects used to ingest or inhale marijuana, such as pipes, bongs and roach clips.

In order to determine whether an object is “drug paraphernalia,” the court will consider statements by the owner of the object concerning its use, any prior drug-related convictions of the accused, any instructions that were provided with the object concerning its use, how the object was displayed for sale and expert testimony concerning its use.

An individual who delivers, furnishes, or transfers, possesses with the intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing (or under circumstances where one reasonably should know), that it will be used to plant, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, conceal, ingest, inhale, or otherwise introduce marijuana into the human body will be charged with a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. An individual 18 or older who does any of the above knowing that the recipient of the paraphernalia is under 18 and at least three years younger than he or she will be charged with a misdemeanor, punishable by up to one year in the county jail and the same maximum fine. A business owner found guilty of any of these activities who holds a California business or liquor license issued by the city, county and/or state may also lose that license. All seized paraphernalia will additionally be forfeited to the state.

It should also be noted that an individual who owns, operates or maintains a business where drug paraphernalia is kept, displayed, sold, furnished, transferred or given away (for legal substances) must keep it in a separate room, inaccessible to minors who are unaccompanied by their parents. Violating this law will not invite criminal penalties but may provide grounds for the revocation of one’s license.

California Marijuana and Drug Defense Lawyer

The outstanding criminal attorneys at The Kavinoky Law Firm specialize in everything related to California drug crime defense. They have mastered the defenses that are available to an individual charged with participating in an illegal marijuana paraphernalia activity and are dedicated to having their client’s charges either reduced or dismissed. With several law offices in Los Angeles and others located throughout California, they are easily accessible to anyone in need of a vigorous defense. For the most trusted legal advice and exceptional representation, contact them today for a free consultation.

The Role of a Substance Abuse Expert

If you’re like many defandants in California drug case, you may worry that the charges that you face will bring you a lengthy jail sentence. Fortunately it may be possible to obtain alternative sentencing that allows you to avoid incarceration. An evaluation from a qualified substance abuse expert may help you to obtain alternative sentencing in a California drug case. The CA drug lawyers to the Kavinoky Law Firm include an evaluation by a top substance abuse expert in its retainer for all cases involving drugs or alcohol.

Not every California drug defendant wants to enter a treatment program, but many could benefit enormously from rehabilitation. A knowledgeable substance abuse expert can determine during an evaluation whether drug treatment is indicated and what type of program would provide the greatest benefit.

The substance abuse expert can then make a recommendation to the court in your California drug case about what kind of treatment may benefit you. This may help persuade the court to grant you a sentence alternative and avoid a jail sentence.

Three types of alternative sentencing that may be available in your California drug case are a deferred entry of judgment, or DEJ; Prop 36; or drug court. Each of these options has their own requirements and benefits, and your CA drug lawyer can help you determine your eligibility.

A qualified substance abuse expert may make the difference in persuading the court to grant you alternative sentencing instead of jail time. To learn more about the role of a top substance abuse expert in a narcotics case, please contact a skilled California drug lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

California Marijuana Laws – Federal laws and rulings regarding medical marijuana

Although California has enacted legislation that permits medicinal marijuana use under specific circumstances, the federal government has done no such thing. In fact, federal laws and rulings continue to maintain that marijuana drugs have no medical value and are among the most dangerous drugs in our society. Federal charges relating to marijuana use, cultivation and distribution, when prosecuted, carry severe penalties. As a result of these consequences, it is critical that an individual charged with any of these activities immediately contacts a skilled criminal defense lawyer who has mastered this field of law and who understands all of the issues and defenses that coincide with the federal rules relating to medical marijuana use.

Marijuana is listed as a “Schedule I” drug, along with other “hard narcotics,” in the US Controlled Substances Act, which means federal law prohibits its cultivation, possession, sale or use for any purpose, including for therapeutic medical treatment. Even though this is the case, it should be noted that federal charges are typically filed only in large cases where commercial distribution is suspected. Nonetheless, when these charges are filed, only an experienced criminal attorney who specializes in this technical field should be retained.

Over the last decade, a number of Supreme Court cases have been decided that continue to hold medical marijuana use, growth and distribution illegal. Back in 2000, there were two cases that held that physicians have a First Amendment right to recommend that their patients use marijuana for medicinal purposes, but that they may not aid or abet their patients in actually obtaining the drug. The doctor may discuss the pros and cons of medical marijuana with his or her patient and may even issue a written or oral recommendation to use marijuana within a bona fide doctor-patient relationship without fear of legal reprisal. However, the doctor may not actually prescribe or dispense marijuana to a patient or recommend it with the specific intent that the patient will use the recommendation like a prescription to obtain the drug.

Medical marijuana use was again the focus in a 2005 case that held that federal law enforcement officials are permitted to prosecute medical marijuana patients even if the patient grows his or her own medicine and even if he or she resides in a state where medical marijuana use is protected under state law. The court’s ruling doesn’t invalidate California’s law that permits such use, which means that Californians with a doctor’s recommendation can continue to use marijuana without fear of local prosecution. Because federal law enforcement authorities do not have the resources to bring more than a few, token cases, the decision is not expected to have much practical effect on patients using marijuana for medicinal purposes in states such as this that have approved its use.

Perhaps one of the most controversial cases was decided in 2006 when a San Francisco federal jury found an Oakland resident guilty of cultivating cannabis, conspiring to cultivate, and maintaining a place where drugs are manufactured. Because it was a federal case and not a state case, jurors didn’t hear evidence regarding Proposition 215 or about the fact that the defendant was specifically authorized by the city of Oakland to grow medical cannabis. Jurors publicly recanted their “guilty” verdict after finding out all the facts.

Because the federal rules and state rules regarding medical marijuana conflict, it is advisable that anyone accused of participating in an activity relating to the medical use of marijuana consults a drug crime defense attorney. The exceptional attorneys at The Kavinoky Law Firm specialize in drug offenses and are the most qualified to defend their clients against the severe penalties that are often imposed in connection with drug cases. They keep up-to-date on the latest laws and case rulings regarding both federal and state medical marijuana issues, which allows them to provide their clients with the most comprehensive defenses available. For unparalleled legal advice and the best representation, contact the firm today for a free consultation.

Possession of marijuana for sale – lack of knowledge

Possession of marijuana for sale is an automatic felony in California, where as a personal possession charge may be prosecuted as either a misdemeanor or a felony, depending on the circumstances. In order to avoid the severe penalties that may be imposed in connection with a “for sale” charge, it is critical that an individual accused of this offense contacts a California drug crime defense attorney who is well versed with the many defenses that are applicable to this crime.

Lack of knowledge is one of these defenses. When a person is charged with possessing marijuana for sale, the prosecutor must be able to prove that the individual had the intent to sell the drug and that he or she had knowledge of its presence and its illegal character. If these knowledge requirements are successfully rebutted, the jury is not permitted to return a guilty verdict. The bottom line is that possession implies knowledge – without it, a possession charge simply won’t hold up.

Lack of knowledge is challenged in two ways. The first way deals with a lack of knowledge about the presence of the marijuana. This type of defense will work best when, for example, an individual buys new property that has a significant number of marijuana plants growing on a remote piece of the land. If the plants were discovered by the police and the property owner was charged with possession for sale (incidentally, he or she would probably also be charged with cultivating marijuana under this scenario), he or she could claim that it was a previous owner who grew the plants and that he or she had no knowledge of their existence, as he or she never ventured out to that part of the land.

Similarly, a lack of knowledge defense is raised when an individual doesn’t know the illegal character of the marijuana drug. Looking to the same scenario, perhaps the new property owner does know that the plants exist, but doesn’t know that they are marijuana plants – he or she only knows that “plants” are growing on the property. Without knowing that the plants are illegal or that they have a narcotic character, he or she has not committed a crime. It should be noted that this type of “knowledge” defense will only apply to someone who has no recorded history of any drug activities and to someone who didn’t make any incriminating, contrary statements to the investigating officers.

A lack of knowledge defense, when applied to a possession of marijuana for sale case will typically work best when the accused didn’t have actual (or physical) possession of the drug but rather was charged with constructive or joint possession of the drug. Although circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it) may be used to prove that the accused had knowledge about the marijuana, a good criminal defense lawyer will know the most effective ways to challenge that evidence so that the defense will stand.

The exceptional criminal attorneys at The Kavinoky Law Firm know the ways that a “lack of knowledge” defense will be best applied and further know how to successfully convey it to a judge and jury to favorably represent their clients. They specialize in California drug laws and have mastered this, as well as the many other defenses that apply to “possession of marijuana for sale” cases. With law offices throughout the state, including several in and around Los Angeles, they are available to provide their outstanding legal advice and services to anyone in need of a skilled California drug crime defense attorney. To learn more about the defenses that apply to a possession for sale charge or for questions about any other marijuana or drug related legal matter, contact the firm today for a free consultation.

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.
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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.
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• 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.

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As any California criminal lawyer will tell you, it is difficult to categorically say whether or not drug treatment can be used as an alternative sentence to prison time. Suspending a prison sentence in favor of rehabilitation, such as drug treatment for a drug offense or alcohol treatment for a DUI, is often within the judge/s sentencing discretion. This is especially the case when the crime charged is a misdemeanor, known sometimes as a “wobbler,”charged as a felony that could be reduced to a misdemeanor. However, several drug-related crimes are straight felonies in California, which complicates the judge’s ability to issue alternative sentences.

In California, proposition 36, called the Substance Abuse and Crime Prevention Act, sets out the ways that defendants convicted of non-violent drug offenses can qualify for a probationary sentence instead of prison time. Prop. 36, which were passed in 2000, are only available to those convicted of some non-violent drug possession crimes. So straight felony drug convictions such as possessing cocaine, heroin, or opiates, cultivation of marijuana, and sales or transportation related drug crimes are immediately not eligible. Similarly, California penal code stipulates that anyone with an incarceration in the last five years, anyone also found guilty of a non-drug related crime at the same time, any defendant who refuses treatment, or anyone who already has two separate drug convictions or participated in Prop. 36 twice already are ineligible for Proposition 36.

So barring these circumstances, you have the option of using drug treatment as an alternative to jail or prison time. But this still depends on what your California criminal lawyer can work out with the prosecution and the judge. Assuming you do qualify, most judges in California tend to prioritize treatment and rehabilitation over jail time and are very amenable to suspending an incarceration sentence if the defendant seems to be in the right state of mind and his or her lawyer makes a strong case that it was an isolated event.

If you are approved for Prop. 36 treatments, several restrictions are set and if you fail to meet any the agreed-upon requirements, your suspended sentence can be reinstated. You will have to return to court upon failing to complete, and the judge will decide how to deal with a new sentence.

Along the same lines, it is sometimes possible to have a felony conviction reduced to a misdemeanor, which carries several benefits for the defendant. It is important to discuss this and all other options with your California criminal lawyer before beginning any course of action, as sometimes one will preclude the others. However, regardless of which alternate paths you opt for, qualifying for a reduced sentence in lieu of jail time can be a life-saving opportunity.