Crack Cocaine Charges With Prior Convictions

In addition to the substantial penalties associated with a California crack or cocaine base conviction, factors called sentencing enhancements can add years to your sentence. One possible sentencing enhancement in a California cocaine base or crack prosecution is for prior drug convictions.

If you have prior drug convictions and are facing a California crack or base cocaine charge, you need a defense lawyer who is willing to fight to protect you from the serious repercussions you face. Experienced California drug lawyers from The Kavinoky Law Firm are ready to review your case and begin developing a strong defense strategy.

Sentencing enhancements are allegations that, if proven, can add substantially to your punishment in a crack or base cocaine case. If you’re not convicted of the underlying cocaine charge, you cannot be punished for a sentencing enhancement.

The following sentencing enhancements for prior convictions can be filed in a California crack or base cocaine case:

Section Number Enhancement Punishment 1203.073b6 Transporting for sale, importing for sale, administering, or offering, or attempting No probation, judge has discretion 11370a Any new 11350, 11351.5, 11352, 11353 with any prior felony narcotics conviction No probation, judge has discretion 11370.2a New 11351.5, 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)(11) Any new 11351 or 11352 charge with prior 11351 or 11352 conviction No probation, no discretion 11353.4 New 11353 with prior 11353 (with prison sentence) 1-2-3 PC 667.5b For each prior prison commitment (unless defendant remained free of both additional prison term and felony conviction) Add one year 11366.5c Prior 113665a with new 113665a 2-3-4

Obviously, sentencing enhancements for prior convictions and other factors can add substantially to your punishment in a California cocaine base or crack case, so it’s imperative to aggressively fight these allegations. A skilled California drug lawyer from The Kavinoky Law Firm is ready to review your case and develop a comprehensive defense strategy designed to protect your freedom. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Heroin Charges Involving Minors

Being convicted of a California heroin offense brings harsh repercussions, and factors called sentencing enhancements can substantially increase your punishment. The allegation that your offense involved minors is one possible sentencing enhancement in a California heroin prosecution.

Because the consequences of a California heroin conviction and any sentencing enhancements threaten your freedom, it’s crucial to aggressively fight these allegations with the help of California defense attorneys. An experienced California drug lawyer from The Kavinoky Law Firm is ready to analyze your case and plan a strategic defense.

You can’t be punished for a sentencing enhancement if you’re not convicted of the underlying drug charge. Also, the prosecutor must prove your guilt in the sentencing enhancement beyond a reasonable doubt or you cannot receive any additional punishment.

These are the sentencing enhancements that can be added to a California heroin charge involving minors:

Code Section Enhancement Sentence 11353 Induce minor to possess, possess for sale, sell, etc. OR hire minor to sell, etc. OR sells, etc. to minor 3-6-9 11353.1(a)(1) If 11353 at church, youth center, day care, pool etc. Add one full year 11353.1(a)(2) If 11353 on or near school Add two full years 11353.1(a)(3) If 11353 and minor four years or more younger than defendant Add full 1-2-3 PC 1170.72 If 11353, 11353.5, 11353.7, 11354, 11361, 11380 or 11353.1(a)(3), 11353.6, 11380.1(a)(3), and minor 11 years old or younger Circumstance in aggravation for sentencing

California heroin cases involving minors can be punished with years in prison, and your only recourse is to fight the charges aggressively. Knowledgable and skilled California defense attorneys from The Kavinoky Law Firm will do everything possible to protect you from the repercussions of a heroin conviction. Please contact us 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.

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.

Unless a medical marijuana defense applies, activities that involve the sale, cultivation, transportation or possession (whether for personal use or for sale) of marijuana are illegal in California and are prosecuted as either misdemeanor or felony offenses. When any of these activities involves a minor, the offense will be automatically charged as a felony. In order to avoid the severe penalties that are associated with these types of convictions, it is critical that an individual accused of illegally engaging in marijuana activities with a minor contacts a California drug crime attorney who can begin building a vigorous defense.

Preparing for sale, selling or giving away marijuana will be charged as a felony when an adult engages in one of these activities with a minor. The penalties for these offenses range from three to nine years in the state prison for a first offense (depending on the age of the minor and on the location of the offense) and can result in lifetime incarceration if the offense is the defendant’s third.

Anyone 18 or over who prepares marijuana for sale on school grounds, a public playground, a child day care facility, a church or a synagogue or who sells or gives away marijuana to a minor upon those same grounds, upon grounds where schooling takes place or upon grounds whose facilities are open to children at any time when children are or may be present, faces a felony, punishable by five, seven or nine years in the state prison. This section only applies to an individual who is at least five years older than the minor to whom he or she engages in such an activity. It should be noted that an individual who suffers a conviction for this offense who has previously served two or more prison terms for specific drug offenses that involved minors may be imprisoned for life. The laws that regulate this sentencing scheme are technical, which is another reason why only a skilled criminal defense lawyer who regularly practices this area of law should be contacted when accused of such an offense.

Anyone 18 or over who prepares marijuana for sale in a public park or who sells or gives away marijuana to a minor under 14 in a public park, during open park hours, knowing that the minor is under 14, faces a felony, punishable by incarceration in the state prison for three, six or nine years.

Anyone 18 or over who hires, employs or uses a minor in unlawfully transporting, carrying, selling, offering to sell, giving away, preparing for sale or peddling marijuana, or who induces a minor to illegally use marijuana faces a felony, punishable by three, five or seven years in prison. The penalty is the same for furnishing, administering or giving away marijuana to a minor or for offering to do any of these activities.

Although criminal penalties won’t attach, it should be noted that an individual who owns, maintains or operates a business where drug paraphernalia is kept, displayed, sold, furnished, transferred or given away must keep a separate room for these items that excludes minors, unless they are accompanied by a parent or legal guardian. This section does not apply to pharmacists, doctors or others licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia. Violating this law provides grounds for revoking or not renewing a license, permit or other entitlement that allows such a business to operate.

California Marijuana and Drug Defense Lawyer

Clearly, the consequences for involving a minor in activities that deal with marijuana are severe and can be life changing. In order to best ensure that these possibilities don’t become a reality, it is vital that an individual accused of such an offense immediately contacts an experienced criminal attorney. The unsurpassed attorneys at The Kavinoky Law Firm specialize in California drug crime defense and are well equipped to present the most compelling arguments in order to protect the rights of their clients. Don’t wait – contact them today for a free consultation.

Chemical testing in a DUID case

Although driving under the influence of alcohol and marijuana cases are investigated in very similar ways in California, there are a few differences. One of the main disparities lies within the types of chemical tests that are available to each type of suspect. In this state, an alleged “drunk driver” has the choice of taking a blood or breath test, while an individual accused of driving under the influence of drugs (DUID) has the choice of a blood or urine test. Because prosecutors heavily rely on the results of the chemical test, it is critical that an individual accused of driving under the influence of marijuana hires an attorney who understands the science behind blood and urine tests and who can articulate their weaknesses in a drug case to the judge and jury.

A driving under the influence of marijuana investigation, unlike an alcohol-related DUI, does not provide the investigating officer with the opportunity to do an on-site reading of the driver’s marijuana measurement. In a typical D.U.I. of alcohol investigation, the officer generally has a hand-held instrument, known as a preliminary alcohol screening (PAS) device that immediately displays the driver’s blood alcohol content, letting the officer know that the driver is either above or below California’s legal limit. There is no such test for an individual suspected of driving under the influence of marijuana or any other drug, which means that a suspected driver is arrested for this offense before he or she even submits to a blood or urine test.

Implied consent laws regulate which tests are available under certain circumstances and state that an individual suspected of D.U.I.D. must choose either a blood or urine test. All drivers in this state “consented” to this upon obtaining their driver’s license and the refusal to provide a chemical test will result in additional penalties.

Positive test results established through either of these tests does not mean that an individual is necessarily guilty of driving under the influence of marijuana – a key point that a skilled DUI criminal defense lawyer knows and understands. This is because marijuana can be detected in one’s system long after any impairment has passed. It should be noted that this is one area of the law where California drivers are treated more leniently than drivers in several other states that have “zero tolerance” laws. An individual whose blood or urine test comes back positive for any marijuana in a zero tolerance state will automatically be declared “under the influence”. A knowledgeable attorney in California, however, understands that urine tests detect only certain metabolites of marijuana, which can linger in one’s body for days or even weeks after use. He or she also knows that blood tests are a better indicator, as they actually measure THC (the main active ingredient of marijuana), however, even a blood test can detect low levels for a day or more after use. As a result, an experienced criminal attorney will ensure that the judge and jury understand that an individual who theoretically used marijuana on a Monday could be arrested later in the week, long after the marijuana’s effects had worn off. It must be noted that the only issue in a D.U.I. case is whether the driver was under the influence at the time of driving.

Defenses are available to an individual who tests positive for marijuana use following an arrest for DUID, provided he or she hires a savvy attorney who knows the most convincing ways to employ them. The unsurpassed lawyers at The Kavinoky Law Firm excel in California DUID defense. They keep up-to-date with the latest laws, evidentiary rulings and science that are involved with these types of cases and have mastered the defenses that are available to an individual who has been charged with driving under the influence of marijuana. Their outstanding results speak for themselves. For the most trusted legal advice and excellent representation, contact The Kavinoky Law Firm today for a free consultation.