Category: Drug Crimes

Drug Crimes | No Cuffs

Los Angeles Drug Charge

Los Angeles Drug Charge

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

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

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

Our Los Angeles Offices:
Encino
Los Angeles

 

 

 

We proudly cover these areas of Greater Los Angeles:
Acton, Agoura, Agoura Hills , Alhambra, Antelope Valley, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Bradbury, Brentwood, Burbank, Calabasas, Camarillo, Carson, Claremont, Commerce, Canoga Park, Century City, Chatsworth, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, East Los Angeles, El Monte, El Segundo, Encino, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Industry, Irwindale, La Canada-Flintridge, Lake Balboa, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Los Angeles , Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Newhall, North Hollywood, Northridge, Norwalk, Oxnard, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Quartz Hill, Rancho Palos Verdes, Redondo Beach , Reseda, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Fe Springs, Santa Monica, Sherman Oaks, Sierra Madre, Signal Hill, Simi Valley, South El Monte, South Gate, South Pasadena, Studio City, Sylmar, Temple City, Thousand Oaks, Three Points, Torrance, Valencia, Van Nuys, Ventura, Vernon, Walnut, West Covina, West Hollywood, Westwood, West Los Angeles, Westlake Village, Whittier, Woodland Hills.

Santa Clara County Drug Charge

Santa Clara County Drug Charge

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

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

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

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

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

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

Our Bay Area Office:
San Francisco

 

 

 

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

Ventura County Drug Charge

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

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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Retroactive Sentencing Guidelines in Crack Cocaine Cases

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.

 Drug Treatment Can Replace Prison Time with a California Criminal Lawyer

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.

Asset Forfeiture in a Drug Case

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.