Defenses to possession of marijuana for sale

Possession of marijuana for sale in California is a strict felony offense, punishable by sixteen months or two or three years in the state prison, heavy fines and a variety of other penalties. An individual’s best chance of avoiding these severe consequences is by hiring a skilled criminal attorney who specializes in California’s drug crime laws and who knows how to effectively employ all of the defenses that are applicable to this offense.

Although there are numerous defenses that may be used to challenge a possession for sale charge, the following are the most common: medical use, lack of knowledge, entrapment and illegal search and seizure. Officers are quick to arrest individuals that are involved in any activity having to do with marijuana and have been known to trump up simple possession cases to possession for sale cases. An experienced attorney is the key to defending this serious charge.

Marijuana has been legalized in California for those seriously ill patients (and their caregivers) who can benefit from the drug’s medicinal properties. These individuals must abide by certain rules and regulations that are set forth in Proposition 215 and Senate Bill 420. If a patient or caregiver falls under the law’s protection, possession for medical marijuana use or distribution may be a defense to this charge.

Lack of knowledge will be particularly applicable to cases where the police relied on constructive or joint possession to arrest the accused. “Possession” necessarily implies knowledge, so a lack of knowledge about the drug or its illegal character will automatically challenge the validity of the arrest.

Entrapment, though difficult to prove, may be argued if the accused possessed and intended to sell the marijuana only because he or she was pressured or coerced into doing so by law enforcement officials and would not otherwise have engaged in such activity.

Illegal search and seizure is perhaps the most notorious “possession for sale” defense that a skilled criminal attorney will argue. Based on a careful review of the case, the attorney for the accused will be able to determine if his or her client’s Constitutional rights were violated in any way when law enforcement searched for or retrieved the marijuana. This is a very technical defense that only a practiced drug attorney should attempt to argue.

The exceptional California drug crime defense lawyers at The Kavinoky Law Firm have mastered these as well as a host of other defenses that apply to “possession of marijuana for sale” cases and know how to effectively argue each. They are dedicated to protecting the rights of their clients and know what it takes to win. In addition, these outstanding attorneys know the best arguments to convince a judge that a “for sale” charge should be dismissed or reduced to a “personal possession” charge, which would allow the accused to participate in a deferred entry of judgment drug treatment program to avoid any jail or prison time. With law offices in Los Angeles and throughout the state, they are easily within reach of anyone in need of an assertive advocate and a vigorous defense. Contact them today for a free consultation, the most trusted legal advice and unsurpassed representation.

Sober living

Individuals convicted of California marijuana-related offenses face serious consequences. Many of these offenses (whether they are misdemeanors or felonies) carry jail or prison sentences and additional heavy fines. There are a variety of alternative sentencing options that focus on drug rehabilitation that may be imposed in lieu of a jail or prison sentence if one’s criminal defense lawyer knows to inquire about them and knows how to best convince a prosecutor and judge that his or her client would be better served by being treated rather than by being incarcerated. The outstanding criminal attorneys at The Kavinoky Law Firm are familiar with all of these alternative sentencing options and will do their best to ensure that their eligible clients receive treatment instead of a jail or prison sentence.

Sober living is one of these treatment options. Sober living is for anyone who needs help with a drug problem, but may be especially beneficial for those individuals who may have been unsuccessful with their marijuana or other drug rehabilitation efforts in the past, as this type of program is very intense and closely supervised. If an individual successfully completes his or her stay in a sober living house, he or she will receive credit (day for day) for the jail or prison sentence that would have otherwise been imposed (even if the law states that the offense for which he or she was convicted requires mandatory incarceration) and, if the time spent at the facility exceeds the jail or prison sentence that would have been imposed, he or she will receive credit in the amount of at least $30 per day towards his or her fine, depending on the court’s discretion.

Sober living requires that all residents attend support meetings (such as group counseling or classes and other 12-step programs) and contribute to the house by performing various household chores. Treatment plans are tailored to meet each resident’s individual needs and goals and typically include extended care, continuing care and transitional care. All treatment focuses on personal responsibility and generally addresses the physical, psychological, behavioral, social, family and spiritual aspects that all comprise drug addiction. Treatment may include education, group therapy, multi-family groups, relapse prevention plans, individual counseling and at least one 12-step program. As one progresses through the program and demonstrates that he or she is capable of “sober living” he or she may be permitted to work and otherwise leave the residence during the day but must return at night to participate in treatment and classes. This type of living is for those who need to address long term marijuana abuse problems and subjects its residents to mandatory drug tests, the results of which are immediately reported to the courts. If an individual is unsuccessful in his or her rehabilitation efforts, a jail or prison sentence will likely await.

The exceptional attorneys at The Kavinoky Law Firm specialize in California marijuana defense and in helping their clients to obtain the most favorable and least restrictive sentences available. Their vast knowledge about these different options allow them to explain the differences, advantages and disadvantages that exist between sober living, Proposition 36 sentencing and diversion programs – all programs that allow an individual to reduce or eliminate his or her jail or prison sentence, assuming that the individual successfully completes the selected program. In addition, these unsurpassed, savvy lawyers know which offenses are eligible for alternative treatment and know how to negotiate deals that allow their clients to become eligible, even if their charged offenses were not. For more information on sober living, contact The Kavinoky Law Firm today for a free consultation.

California crack or base cocaine charges carry harsh consequences, and factors called sentencing enhancements can increase those repercussions even more. One possible source of sentencing enhancements in California crack or cocaine base cases is the possession or use of firearms.

If you’re facing a California cocaine base or crack case involving a gun enhancement, you need a knowledgeable drug defense lawyer fighting for your freedom. A top California drug attorney from The Kavinoky Law Firm will do everything possible to fight both your underlying drug charge and any firearm sentencing enhancements.

The prosecutor must prove your guilt in both the underlying crack or cocaine base charge and any firearm enhancements if the court is to impose the additional sentencing enhancement. You cannot be punished for a firearm enhancement if you are not convicted of the underlying crack cocaine offense.

The following sentencing enhancements involving guns can be included in a California cocaine base or crack case:

Section Number Enhancement Sentence 11550e 11550 (under the influence) while in personal possession (including passenger compartment of vehicle) Misdemeanor or 16-2-3 11370.1 11350 while armed with a loaded, operable firearm 2-3-4
No diversion or deferred entry of judgment PC 12022c 11351.5 or 11352 (or attempt) while armed with a firearm (loaded or unloaded, operable or inoperable) Full consecutive 3-4-5 12022a Armed with a firearm (loaded or unloaded) during the commission of any felony Add one year

Fortunately, your defense lawyer can mount an aggressive defense to both a firearm enhancement and your underlying cocaine base or crack charge. One possible strategy that your defense lawyer may use is a motion to suppress evidence. If investigators didn’t follow the proper protocol when gathering evidence against you, it may be inadmissible.

To learn more about comprehensive defenses to crack cocaine charges and firearms enhancements, please contact an experienced California drug lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

PCP Weight Enhancements

In California, it’s against the law to possess, sell, possess for sale, and manufacture PCP, and a conviction for any of these offenses is typically punishable with repercussions that can include jail or prison time. In addition to the underlying drug charges filed in a PCP case, California law allows for certain sentencing enhancements that, if proven, can increase your punishment. One possible enhancement in a California PCP case is a weight enhancement.

Just like the underlying PCP charge, any sentencing enhancement must be proven beyond a reasonable doubt or you cannot receive the additional punishment. In addition, if you are not convicted of the underlying drug charge, you cannot be convicted of a sentencing enhancement.

These are the weight enhancements that can be filed in a California PCP case:

Code Section Enhancement Punishment PC 1203.07(a)(4) Possession for sale of more than 14.25 grams (.5 ounce) and 11378.5 No probation, no discretion 11370.4b1 More than one kilogram or 30 liters Add three years 11370.4b2 More than four kilograms or 100 liters Add five years 11370.4b3 More than 10 kilograms or 200 liters Add 10 years 11370.4b4 More than 20 kilograms or 400 liters Add 15 years 11379.8 If 11379.6 (manufacture) and more than one pound/three gallons Add three years 11379.8 If 11379.6 (manufacture) and more than three pounds/10 gallons Add five years 11379.8 If 11379.6 (manufacture) and more than 10 pounds/25 gallons Add 10 years 11379.8 If 11379.6 (manufacture) and more than 44 pounds/105 gallons Add 15 years

In addition to the underlying drug charges and weight enhancements that can be filed in a California PCP case, other possible enhancements include those for prior convictions, firearms, locations, and minors.

If you’ve been charged with any type of California PCP offense, a skilled drug defense lawyer will do everything possible to protect you from substantial consequences. Skilled California defense attorneys from The Kavinoky Law Firm can review your case and begin developing the most promising challenges. Please contact a knowledgeable California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

PCP Offense

PCP is a schedule II drug under California Health and Safety Code section 11055 (e) (3)), and is illegal to use, possess, sell, possess for sale, and manufacture. A California PCP conviction carries harsh repercussions that include prison time in many cases, so it’s critical to mount an aggressive defense to these charges. Experienced California drug defense lawyers from The Kavinoky Law Firm is prepared to review your case and build a comprehensive defense to your PCP charge.

There are numerous charges that can be filed in a California PCP case, including possession, sale, possession for sale, and manufacturing. Most California PCP charges are felonies that carry significant prison time. A few PCP offenses can be filed as either misdemeanors or felonies, although prosecutors often pursue the more serious charge.

In addition to the charges that can be filed in a California PCP case, there are numerous sentencing enhancements that, if proven, can substantially increase your punishment. Sentencing enhancements can be filed in California PCP cases for weight, prior convictions, firearms, locations, and the allegations that your alleged PCP offenses involved minors.

Fortunately, experienced California drug defense lawyers have numerous tools in their arsenals to aggressively defend PCP charges. One of the most potent tools a defense attorney can employ in a California drug case is a motion to suppress evidence. Police must follow certain protocol when gathering evidence against you, and if they fail to adhere to those guidelines, the evidence against you may be excluded.

You may be eligible for alternative sentencing that could help you avoid all or part of a jail or prison sentence in a California PCP case. Proposition 36, drug court and diversion are some ways that California drug defendants may avoid incarceration.

If you’re charged with a California PCP offense, it’s important to have a skilled drug defense lawyer fighting for your rights. Seasoned California drug attorneys from The Kavinoky Law Firm are ready to analyze your case and develop a promising defense strategy. Please contact a knowledgeable drug defense lawyer today at 1.800.NO.CUFFS for a free consultation.

Defenses to possession of marijuana for personal use

Possession of marijuana for personal use may be filed as either a misdemeanor or a felony in California, depending on the type and quantity of the marijuana. Possession of marijuana for personal use is considered a much less serious charge than possession of marijuana for sale, although it still carries stiff penalties itself. In order to avoid any of the consequences that are associated with this offense, it is imperative that an individual accused of possessing marijuana drugs for personal use hires an attorney who excels in this area of the law and who knows what defenses will most likely convince a judge and jury that his or her client should not be convicted.

Some of the most common defenses that may apply to possession of marijuana for personal use include medical marijuana, insufficient quantity, lack of knowledge, temporary possession for disposal, illegal search and seizure and entrapment.

Medical marijuana may be used as a defense when an individual either possesses the marijuana as a qualified patient, a person holding an identification card or a primary caregiver. These individuals have received permission by the state’s Compassionate Use Act to legally possess, cultivate or distribute marijuana, so long as the patient has received a doctor’s recommendation for its use.

Insufficient quantity or use may be used as a defense when only useless traces of marijuana residue are found or when the marijuana found can’t be used for narcotic purposes or for growing the plant.

Lack of knowledge would most likely be used as a defense in a case where the accused was charged with constructive or joint possession of marijuana. This type of defense would certainly apply where only circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it), linked the accused to the offense.

Temporary possession for disposal may be used as a defense if it can be argued that the accused only momentarily “possessed” the marijuana because he or she was in the process of disposing of it.

Illegal search and seizure may be used as a defense under a variety of circumstances. This defense may apply if a warrantless search is conducted of one’s residence, under circumstances involving a vehicle or where an inappropriate “pat-down” has been conducted. This list is by no means exclusive, which is why it is critical that a skilled criminal defense lawyer who specializes in California drug crimes is consulted, as he or she will be able to review the case file and determine whether or not there was an illegal search and seizure and how to best convince the court that one took place.

Entrapment may be used as a defense if the only reason that the accused possessed the marijuana was because he or she was pressured into doing so by the police for any number of reasons. If entrapment is an appropriate defense, a seasoned attorney will make a motion to dismiss at the outset of the case.

As previously stated, these are simply the most common defenses that arise in connection with possession cases. An experienced defense attorney who regularly practices California marijuana defense will have an in-depth knowledge about these as well as a variety of other defenses that will help resolve their client’s personal possession case in a favorable way. The outstanding criminal attorneys at The Kavinoky Law Firm have mastered this area of the law and are prepared to vigorously defend any client charged with marijuana possession. They have law offices located throughout Los Angeles and California, enabling them to provide their excellent services to anyone in need of a California drug crime defense lawyer. Contact them today for a free consultation and for unsurpassed representation.

Possession of marijuana for sale – discovering the identity of an informer

Possession of marijuana for sale, in California, is a felony offense punishable by imprisonment in the state prison, heavy fines and a host of additional penalties. Because the consequences of this charge are so severe, it is absolutely necessary for an individual charged with this offense to immediately consult with an experienced California drug crime attorney who has mastered the defenses that are applicable to this crime.

Discovering the identity of an informer could be a useful defense to a possession of marijuana for sale case if the informer had his or her own motive for reporting the allegedly criminal behavior – either because he or she was trying to escape his or her own criminal culpability or because he or she was jealous of or angry at the accused, possibly even framing the individual for illegal marijuana possession.

There is well settled law that establishes a privilege against disclosing the identity of an informer who provides information to a law enforcement agency or judge in the reporting of criminal activity. If the informer provides enough information to a judge, which convinces the judge to execute a search warrant and the warrant is valid on its face and leads to the seizure of marijuana and any related paraphernalia, the identity of the informant is generally kept confidential. However, a savvy criminal attorney, who specializes in California drug crime defense, knows the most effective arguments to convince a judge that the identity of the informant can have a critical impact on the outcome of the case. It should be noted that in a case where there the informant provided information that lead to a warrantless arrest, the attorney would argue that the reliability of the informant must be examined in open court, a defense supported by California law.

The privilege to refuse to disclose the identity of an informant is limited by purpose, so the issue of fairness must be considered. California courts have stated that when the disclosure of an informer’s identity and/or the contents of his or her communication is relevant and helpful to the defense or is essential to a fair resolution of the case, the privilege must give way. This is the exception to the general rule that such disclosure is privileged, which allows a skilled criminal defense lawyer an opportunity to show that the identity is vital to the defense’s case. If, after being ordered to disclose the information the prosecuting agency still refuses to do so, the possession of marijuana for sale charges may ultimately be dismissed.

The outstanding attorneys at The Kavinoky Law Firm know how to persuade a judge that an informant’s identity or statements should be disclosed. They understand that one of the key factors that the court looks to when evaluating such a request is whether the informant is a potential material witness on the issue of guilt. Knowing all too well that informants often have their own guilty or inappropriate reasons for contacting law enforcement about the activities of another, they know how to successfully articulate why such an informer would be a material witness on the issue of guilt (which, in a possession for sale case revolves around intent to sell and knowledge), which would then provide the attorney with the opportunity to examine the witness.

The laws that regulate the disclosure of an informant are technical and complex, which is why only a criminal attorney who has mastered the laws that relate to California’s drug offenses should attempt to challenge them. The exceptional lawyers at The Kavinoky Law Firm specialize in this area of the law and are well equipped to successfully demand disclosure of such important, possibly exonerating evidence. To learn more about the laws that protect an informer and the variety of other defenses that apply to a California possession of marijuana for sale charge, contact these unsurpassed attorneys today for a free consultation.

Many California drug offenses are punishable with incarceration, but in some cases it’s possible to obtain alternative sentencing that can help you avoid all or part of a jail sentence. Top California drug lawyers from The Kavinoky Law Firm is well-versed in every type of alternative sentencing and can help you to understand your options.

An evaluation by a qualified substance abuse expert may help persuade the court that you and society could benefit far more from alternative sentencing than from jail. The Kavinoky Law Firm includes an evaluation by a top substance abuse experts in its retainer for all cases involving drugs and alcohol.

Three types of sentence alternatives that may be available in California drug cases are a deferred entry of judgment, or DEJ; Proposition 36; and drug court. Each has its own requirements and merits, and what’s available to you will depend on the facts of your case.

A deferred entry of judgment , or DEJ, provides many defendants an excellent outcome to their California drug cases. A defendant seeking a DEJ pleads guilty to the drug offense and then is allowed to withdraw the guilty plea 18 months later if certain requirements are met.

Proposition 36 mandates treatment rather than incarceration for certain first- and second-offense low-level drug charges. Although Prop. 36 isn’t available to everyone, for many defendants it has provided a life-transforming opportunity to get clean and seek freedom from active addiction.

Drug courts are another option that may be available in your jurisdiction. Drug courts, which have been gaining in popularity over the past two decades, also emphasize treatment over incarceration. Drug courts combine intensive treatment and social services with strong oversight by a judge to ensure that defendants are complying with program requirements.

If you’re a non-violent offender charged with a California drug offense, one of these alternative sentencing programs may offer a viable alternative to a jail sentence. A skilled California drug lawyer from The Kavinoky Law Firm is ready to review your case and explain your likely options. Please contact experienced California drug lawyers today at 1.800.NO.CUFFS for a free consultation.

Cocaine Base or Crack Charges

The laws in California governing cocaine base and crack cocaine are extremely harsh. Crack cocaine and base cocaine are illegal to use, possess, sell, possess to sell, and process or manufacture, and a conviction for most of these charges can result in a lengthy prison sentence.

The repercussions of many cocaine base or crack convictions remain harsher than for powder cocaine, despite efforts to remedy this injustice. If you’re facing a California crack or base cocaine charge, you need a knowledgeable drug defense lawyer who will do everything possible to protect you from the consequences you face. A skilled California drug attorney from The Kavinoky Law Firm has the experienced needed to aggressively fight your cocaine charge.

California’s determinate sentencing laws spell out three possible prison sentences for a cocaine offenses and other felony charges — a lower, a middle, and an upper term. The sentence the judge imposes will depend on the facts of the case and aggravating and mitigating factors — issues that will prompt the judge to treat you more harshly or leniently.

The following charges can be filed in a California crack or cocaine base case:

Code Section Charge Sentence 11350 Possession 16-2-3 11351.5 Possession for sale 3-4-5 11352 Sale (transport, import, furnish, administer, give away, or offers) 3-4-5 11379.6 Manufacture (process, prepare, etc.) 3-5-7 plus $50,000 11355 Agrees to sell, and then sells another substance in lieu of Misdemeanor or 16-2-3 11366.8a Possess or use false compartment in vehicle to store or transport Misdemeanor or 16-2-3 11366.8b Design or construct compartment in vehicle to store or transport 16-2-3 11401 Analog of cocaine base (controlled substance) (i.e. substantially similar chemical structure or effect) PC 182a1 Conspiracy to do any of the above (same as substantive charge) 11532 Loitering in a public place with the intent to commit a narcotics offense Misdemeanor

In addition to the charges listed above, the prosecutor may also file sentencing enhancements that, if proven, can add substantially to your prison sentence in a California crack or cocaine base case. Possible sentencing enhancements in a California crack cocaine case include weight enhancements, prior convictions, firearms, locations, and minors.

If you’re charged with a California crack and base cocaine charge, a skilled drug lawyer can help you mount an aggressive defense to your case. To learn more about comprehensive defense strategies in crack cocaine cases, please contact one of our California defense attorneys from The Kavinoky Law Firm today at 1-800-NO-CUFFSfor a free consultation.