Powder Cocaine Charges with Weight Enhancements

California cocaine charges are extremely serious allegations that carry substantial punishment, and the repercussions can be made even harsher by sentencing enhancements — factors that prompt the court to impose additional consequences.

One possible sentencing enhancement in a California cocaine case is a weight enhancement. If you’re facing a California cocaine charge with a weight enhancement, you need a qualified drug defense lawyer fighting your case. Experienced California drug attorneys from The Kavinoky Law Firm is ready to review your case and build a strong defense strategy.

The prosecutor must prove your guilt in both the underlying cocaine charge and the weight enhancement in order to prompt the court to impose the additional punishment. You cannot be convicted of, or punished for, the weight enhancement without being found guilty of the underlying drug charge.

The following weight enhancements can be filed in a California cocaine case:

Code Section Weight Sentence 1203.073b1 Two ounces of a substance containing cocaine or one ounce of pure cocaine No probation, judge has discretion 11370.4a1 More than one kilogram (approx. 2.2 lbs) Add three years 11370.4a2 More than four kilo Add five years 11370.4a3 More than 10 kilos Add 10 years 11370.4a4 More than 20 kilos Add 15 years 11370.4a5 More than 40 kilos Add 20 years 11370.4a6 More than 80 kilos Add 25 years

Fortunately, experienced California defense attorneys can aggressively defend both a cocaine charge and the accompanying weight enhancement. One possible defense strategy that your defense attorney may employ is a motion to suppress evidence. If the drug evidence against you wasn’t properly obtained, it cannot be used to convict you.

In some California cocaine cases, you may be eligible for alternative sentencing, which may include a deferred entry of judgment (DEJ), Proposition 36, or drug court. Your defense lawyer can review your case and determine whether any of these sentencing alternatives may be an option in your California cocaine case.

If you’re facing a California cocaine charge with weight enhancements, you need a knowledgeable defense lawyer aggressively fighting for your freedom. A skilled California drug lawyer from The Kavinoky Law Firm can review your cocaine case and develop a comprehensive defense strategy anywhere in the state. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Motion to recover evidence

Medical marijuana cases are unlike other marijuana-related offenses, in that, if the accused can prove that the marijuana was legitimately possessed or cultivated for medicinal purposes, its possession, use or cultivation will be excused. If this is established, it may be possible for the patient and/or his or her primary caregiver to recover the marijuana that was therefore improperly seized or to recover damages to cover the expenses to replant or repurchase the drug. Retaining an experienced attorney is the key to prevailing on this type of motion.

Motions for a return of property may be filed if no charges were ultimately filed following one’s arrest for possessing or cultivating marijuana, if the accused succeeded in having his or her charges dismissed during a pre-trial or Mower hearing or if he or she was acquitted following a judge or jury trial. This type of motion would be to recover one’s improperly seized marijuana, whether the marijuana was confiscated pursuant to a warrant or not.

Alternatively, the accused could initiate a civil lawsuit to recover monetary damages in the event that the seized marijuana had spoiled or otherwise been harmed or improperly destroyed by the police. The trusted and compassionate criminal attorneys at The Kavinoky Law Firm may be able to refer a skilled civil attorney should the accused choose to pursue this approach.

Another similar type of criminal motion that an individual who has been cleared of the legal charges associated with his medical marijuana possession or cultivation may raise is a motion for a determination of factual innocence. If it can be proven that no reasonable cause existed to believe that the accused committed the offense for which he or she was arrested, he or she may be able to have the court declare him or her factually innocent of the charges, which will result in the sealing and subsequent destruction of the arrest report and all related records.

Motions for the return of property and for a declaration of factual innocence are regulated by very technical and specific laws which must be strictly adhered to in order to prevail and have one’s marijuana returned. Because of this fact, it is imperative that an individual seeking return of his or her medical marijuana contacts one of the experienced attorneys at The Kavinoky Law Firm who will ensure that all procedures and filing requirements are properly met in an effort to have one’s property returned as quickly and inexpensively as possible. They have law offices throughout California, including several in and around the Los Angeles area, making them conveniently located for anyone in need of their exceptional legal advice, representation or other services. To learn more about how to successfully have one’s medical marijuana returned or about how to file a declaration of factual innocence, contact these outstanding attorneys today for a free consultation.

Possession of marijuana for sale – physical, constructive and joint possession

Possession of marijuana for sale, in California, is a felony that carries serious penalties. While there are a number of defenses that are applicable to this crime, only a skilled criminal defense lawyer who specializes in California drug defense will be prepared and qualified to present them in an effective manner.

Possession of marijuana for sale has three “elements” or facts that must be proven to convict the accused. The accused must (1) possess the marijuana, (2) have the intent to sell the marijuana and (3) have knowledge of both its presence and illegal character. “Possession” in and of itself is a gray area, as there are several types of possession that law enforcement and the prosecution can use to prove this offense. The accused can have physical (otherwise known as actual) possession, constructive possession or joint possession of the drug and any of these will be sufficient to prove the accused guilty. This is one of the reasons why an experienced criminal attorney who regularly practices this area of law is so invaluable, as he or she knows how to rebut this issue.

Physical or actual possession means that the accused individual knowingly exercised direct physical control over the drug – that he or she actually had the marijuana on his or her person. This type of possession is probably the most difficult to defend, as people tend to know what items they carry with them. However, medical marijuana use, temporary possession for disposal and illegal search and seizure are all defenses that may be applicable to this type of possession.

Constructive possession refers to situations where the accused individual didn’t have actual or physical control over the drug but instead knowingly exercised control over or had the right to control the marijuana either directly or through another person or persons. Constructive possession, along with physical and joint possession, may be proven through circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it). A specific example demonstrating constructive possession (though not specific to a possession for sale case) lies in a case where an individual was found to have exercised control over marijuana because he was found on a remote parcel of land where marijuana plants were being grown, where there was evidence that the plants had been cared for on a regular basis and where the owner of the property had been hospitalized during the time of the arrest. Lack of knowledge, entrapment and the above defenses are most likely to be argued when constructive possession is alleged.

Joint possession will apply in situations where two or more people may be guilty of possessing marijuana with the intent to sell it. Joint control or possession will be inferred under a variety of circumstances. An example includes a case where the defendant was found barefoot in the codefendant’s house where drugs were found, that his suit and shoes were found in a closet and that there were traces of marijuana in his shirt and pants pockets. This circumstantial evidence was enough to support the belief that he and the codefendant jointly occupied the premises and had knowledge of the presence of marijuana and of its narcotic character, that they both had access to the home and that they shared joint control of the home. Lack of knowledge, medical marijuana use, temporary possession for disposal and illegal search and seizure will be the defenses most likely to apply to joint possession.

The outstanding attorneys at The Kavinoky Law Firm have mastered these defenses, as well as a variety of others, that are applicable to “possession of marijuana for sale” offenses. They excel in articulating them to judges and jurors in ways that successfully tell their client’s side of the story. With law offices in Los Angeles and throughout the state, they are easily accessible for anyone in need of an exceptional California drug defense attorney. For the most trusted legal advice and unparalleled representation, contact them today for a free consultation.

California Methamphetamine Charge Involving Minors

Certain factors called sentencing enhancements can be added to California methamphetamine cases that can add years to the potential sentence. The involvement or presence of minors is one sentencing enhancement that can be filed in a meth case.

Because the repercussions from California methamphetamine charges are so severe, it’s imperative to have skilled California defense attorneys on your side. A knowledgeable California drug defense lawyer from The Kavinoky Law Firm thoroughly understands the complexities of a methamphetamine charge and will aggressively defend you against both the underlying charges and any sentencing enhancements.

A prosecutor must prove both the underlying drug charge and any sentencing enhancements beyond a reasonable doubt in order for you to receive the additional punishment. If you aren’t convicted of the underlying charge, you cannot be punished for the sentencing enhancement.

California sentencing guidelines spell out a lower term, a middle term and an upper term for certain offenses. The sentence that is meted out depends on aggravating and mitigating factors — information that prompts the judge to treat you more harshly or leniently — and the facts of each case. The sentence for each offense or enhancement is spelled out in months or years in prison.

The California Health and Safety Code allows for the following sentencing enhancements to be filed in methamphetamine cases involving minors:

* 11380 — Utilizing, soliciting, furnishing a minor re: methamphetamine — 3-6-9
* 11379.7 — Manufacturing methamphetamine (H&S 11379.6) or possession of precursor chemicals with intent to manufacture (H&S 11383) with a child under 16 present, add two years. If a child under 16 suffers great bodily injury during the commission of these offenses, add five years.

A California methamphetamine charge involving minors can bring sentencing enhancements that add years to a prison commitment, so it’s critical to aggressively fight both the underlying drug charge and any enhancements.

Experienced California defense attorneys from The Kavinoky Law Firm can thoroughly review your methamphetamine case and help you determine your next step. Please contact a skilled California drug defense lawyer today at 1.800.NO.CUFFS for a free consultation.

Heroin Charges and Location of Crime

Violating California’s heroin laws can result in a lengthy prison term, and factors known as sentencing enhancements can add substantially to your sentence. One possible sentencing enhancement in a California heroin case has to do with the location where the alleged offense occurred.

If you’re facing a California heroin charge, it’s important to fight for your rights and your freedom with the help of skilled California defense attorneys. An experienced California drug lawyer from The Kavinoky Law Firm is ready to review your case and build an aggressive defense strategy.

Sentencing enhancements must be proven beyond a reasonable doubt, just like the underlying drug charge, in order to result in additional punishment. If you are not convicted of the underlying drug charge, you can’t be punished for the sentencing enhancement.

Sentencing enhancements based on location in California heroin cases are triggered by either the allegation that you maintained a place to commit the alleged heroin offense or committed the offense in close proximity to a school, youth center or another place where children gather.

Felony offenses and certain sentencing enhancements follow California’s determinate sentencing laws — there is a lower term, a middle term and an upper term. The sentence the judge imposes if you’re convicted will depend on issues that include aggravating and mitigating factors — information that prompts the court to treat you more harshly or leniently.

These are the sentencing enhancements based on location that can be filed in a California heroin case:

Code Section Enhancement Sentence 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 11353.6 Possess for sale, sell, manufacture upon grounds of school or within 1,000 feet of school (in a public place or place legally open to minors) when school was in session or when children using the school facility Add 3-4-5 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 location sentencing enhancement can add years to your prison sentence in a California heroin case, but not if you avoid being convicted in the first place. Knowledgeable California defense attorneys from The Kavinoky Law Firm will thoroughly examine all of the evidence in your heroin case and determine the appropriate challenges. Please contact us today at 1.800.NO.CUFFS for a free consultation.

 

 

Possession of marijuana for personal use may be prosecuted as either a misdemeanor or as a felony in California, depending on how much of the drug the accused possessed. Penalties for drug offenses can be stiff, which is why it is so important for an individual accused of marijuana possession to contact a criminal defense lawyer who focuses on this area of the law and who knows how to successfully defend these types of charges, as only an experienced attorney will know how to properly and effectively apply the defenses that are applicable to this offense.

Except as otherwise authorized by law (which basically means anyone who is exempt from criminal prosecution because they are either a patient or caregiver who has been authorized to use medical marijuana), every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a maximum of one year and by a maximum fine of $500 for a misdemeanor or may be imprisoned in the state prison for sixteen months or two or three years if charged with a felony.

Every person who possesses less than 28.5 grams (or one ounce) of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a maximum fine of $100. If the accused has been previously convicted three or more times of this offense during the two-year period immediately preceding the charged offense, he or she will also be diverted to an education, treatment or rehabilitation program. If the accused is so diverted, he or she will not be subject to the fine previously mentioned that is typically imposed in connection with this offense. If, however, he or she is not accepted into a suitable community program, he or she will be required to pay the fine. It should be noted that an individual who is arrested for a violation of this section is not subject to booking and should be released by the arresting officer if he or she shows valid identification and signs that he or she will appear in court.

If the accused is convicted of possessing more than one ounce of marijuana, other than concentrated cannabis, he or she will be subject to a misdemeanor, punishable by up to six months in the county jail and a maximum $500 fine.

Finally, any adult who possesses less than one ounce of marijuana, other than concentrated cannabis, upon the grounds of, or within, any elementary, middle or high school during school hours is subject to a misdemeanor, punishable by up to ten days in jail and a $500 fine.

Persons charged with possession of marijuana for personal use may be eligible for “deferred entry of judgment” pursuant to “Proposition 36”. This type of drug treatment allows an individual to avoid jail and to have his or her charges dismissed upon successful completion of his or her requirements. This is the type of alternative sentencing that an inexperienced attorney may not even be aware of – another reason why a skilled attorney must be retained.

The outstanding criminal attorneys at The Kavinoky Law Firm specialize in California drug defense and are dedicated to obtaining the most favorable outcomes for their clients. Through their hard-work, passion and experience, they know what it takes to win, which is revealed in their exemplary success record. When arrested for a marijuana offense, The Kavinoky Firm will do their best to have their client’s charges reduced or dismissed or will use their savvy skills to advocate for alternative sentencing where appropriate. With law offices in Los Angeles and throughout California, they are conveniently located for anyone in need of reputable marijuana defense attorney. One’s freedom is too important to trust to an inexperienced attorney. To secure the most trusted legal advice and unparalleled representation, contact The Kavinoky Law Firm today for a free consultation.

Powder Cocaine Charges and Prior Convictions

California cocaine charges carry extremely harsh penalties, and factors called sentencing enhancements can add substantially to your prison sentence. One possible sentencing enhancement in a California cocaine case is for prior convictions.

If you’re facing a California cocaine charge and have prior drug convictions, you need a defense lawyer who thoroughly understands narcotics law and will fight fearlessly for your rights. Knowledgeable California defense lawyers from The Kavinoky Law Firm has the skills needed to aggressively fight for your freedom.

In order to punish you for a sentencing enhancement in a California cocaine case, the court must find you guilty beyond a reasonable doubt of both the underlying drug charge and the enhancement. If you’re not convicted of the underlying drug offense, you cannot be punished for the sentencing enhancement.

Under California Health & Safety Code section 11370.2a, if you’re convicted of cocaine sale or possession for sale, you can be sentenced to an additional three years for each prior conviction for cocaine possession for sale (11351), possession of cocaine base for sale (11351.5), sale (11352), 11378 (possession of meth for sale), 11379 (meth sale), 11379.6 (manufacture), 11380.5 (offenses in public parks or beaches), 11383 (possession of chemicals with intent to manufacture).

If you’re convicted of 11350 (cocaine possession), possession for sale (11351), sale (11352), solicitation of a minor (11353), or agreeing to sell a controlled substance (11355), and have any prior felony narcotics conviction, you cannot receive probation, although the judge has discretion in this matter.

Under California Penal Code section 1203.07 (a)(11), if you’re convicted of sale or possession for sale and have a prior conviction for either of those offenses, you cannot receive probation. The judge has no discretion in this matter.

Under California Penal Code section 667.5b, you can receive an additional year in prison for any prior prison commitment unless five years have passed since you were released from prison and convicted of a felony.

California Health & Safety Code section 11366.5c dictates that if you’re convicted of managing a place for the manufacture, storage, and/or distribution of a controlled substance (11366.5a) and have a prior conviction for the same offense, you’ll receive an additional two, three, or four years in prison.

Your lawyer may challenge the validity of your prior convictions as part of a comprehensive defense strategy. If the court opts to strike one or more prior drug convictions from the record or otherwise invalidate the convictions, you cannot receive additional punishment for them.

If you’re facing a California powder cocaine charge and have prior convictions, you need skilled California defense lawyers fighting to safeguard your freedom. To learn more about aggressive defenses to California cocaine charges, please contact a qualified defense lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Mower hearings

When an individual in California is arrested for possessing, possessing for sale, cultivating or engaging in any other activity that relates to marijuana but is doing so for medical purposes, he or she may have a valid, legal defense. It should be noted that although The Compassionate Use Act only permits patients and their primary caregivers to possess and cultivate marijuana for personal medical use, any charges that relate to marijuana use may be applicable, if the defense attorney can convince the judge and/or jury that the activity was related to personal medical use and, as a result, the charges were inappropriately filed. In order to successfully plead this defense, it is imperative that the accused hires an experienced California criminal defense lawyer who has a thorough understanding of the laws that regulate medical marijuana use and the types of defenses that are applicable to them.

A Mower hearing provides an avenue to raise a medical marijuana defense. A Mower hearing is a type of pre-trial proceeding (equivalent to a motion to dismiss) that entitles the accused to argue his or her medical defense before going through the rigors of a trial, holding the prosecutor to a higher burden than he or she would normally face during the pre-trial phase in the criminal court process.

Patients and caregivers who are arrested for and charged with possession or cultivation of any amount of cannabis can file this type of motion to have their charges dismissed. This type of hearing arises out of a California Supreme Court case that was decided in July 2002 (People v. Mower). That case held that The Compassionate Use Act (also known as Proposition 215) provides more than just an affirmative defense (like self-defense in a murder trial) in that it actually provides those who are entitled to argue it with qualified immunity from prosecution.

“Mower” ruled that, in accordance with Prop. 215, patients and their caregivers should be protected from unnecessary prosecution, stating that possession and cultivation of marijuana (for medical purposes) is no more criminal than the possession and acquisition of any legal drug issued with a doctor’s prescription.

The court established a two-step process for those who are inappropriately arrested. First, they are entitled to a pre-trial hearing (now known as a Mower hearing) where they can ask the court to dismiss their case if they can establish by a “preponderance of the evidence” (which means that it is more likely than not) that they are, in fact, legal patients or caregivers. If that fails and they are held to answer at trial, they must only raise a “reasonable doubt” to prove their innocence. Unfortunately, much like the laws that are designed to protect patients and caregivers from overzealous law enforcement, this ruling does little to protect those individuals from arrest in the first place, since many police believe that they should still be arresting those who engage in any marijuana-related activity, leaving it to the courts to decide their innocence or guilt.

The exceptional criminal attorneys at The Kavinoky Law Firm have mastered this area of the law and are well qualified to successfully prevail in a Mower hearing, based on their in-depth knowledge of the Mower case, The Compassionate Use Act and the policies behind each. They are dedicated to helping their clients who have been unfairly targeted by the police put this frightening and frustrating experience behind them as compassionately, quickly and inexpensively as possible. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.

Personal possession of marijuana – discovering the identity of an informer

A personal possession of marijuana charge may be filed as either a misdemeanor or a felony in California, depending on whether the accused possessed concentrated cannabis or more or less than one ounce of marijuana (other than concentrated cannabis). Although personal possession of marijuana is one of the less serious offenses involving the drug, a conviction can still carry severe penalties, which is why an individual accused of this crime should contact an experienced attorney who is readily familiar with the different defenses that can beat this charge.

If the accused was arrested based on an informant’s “tip,” the identity of the informer could be relevant to the defense. If the defense can prove that the informer “framed” the accused, that the informer contacted law enforcement to escape his or her own criminal culpability, that the informer’s tip was relevant to another and that the accused was mistakenly arrested (a defense that would most likely work in a situation where the accused was arrested based on constructive or joint possession of the drug) or that the informer shouldn’t have been trusted for any other reason, a skilled defense attorney could possibly make a motion to suppress any collected evidence or to dismiss the charges altogether. This would generally be the case if the defense could show that the informer’s information would help exonerate the accused of the charged offense.

Typically, an informer’s identity and the information that he or she provided to law enforcement is privileged information that is not revealed to the defense. This is based on a public safety concern to encourage informers to come forward with information without fear of retribution. However, if the arresting officers based their probable cause to search the accused on information obtained from the informer, the identity must be disclosed if the defense so requests or the testimony must be suppressed. Even so, disclosure may not be required if there was probable cause to search the suspect apart from the informer’s communications. The purpose in a criminal case of compelling disclosure of the identity of an informant, who is a material witness on the issue of guilt, is to assure the defendant a fair trial on the offense charged. The bottom line, therefore, is that there are circumstances under which an experienced criminal defense lawyer may persuade the court that the informer’s identity is critical to the defense and to reaching a fair outcome in the case if the informer’s information is relevant to the issue of guilt. The laws relating to this issue are complex and often conflict, which is simply one of the reasons why it is important for the accused to hire a criminal attorney who specializes in California drug laws and understands all of the defenses that are applicable to a personal possession charge.

An additional issue that a knowledgeable lawyer will consider is whether the arrest was with or without a warrant. Without a warrant, the attorney would likely argue that the reliability of the informant’s information must be examined in open court to provide the defense an opportunity to cross-examine the witness. If a warrant was obtained based on the provided information, the attorney would argue that the search was improper as to his or her client and that the informer’s testimony, if elicited by him or her, would be vital to the defense.

The unsurpassed criminal attorneys at The Kavinoky Law Firm know the most effective arguments that may persuade a judge that the identity of an informer is critical to the defense’s case. Because they specialize in this area of the law, they know that informant information relied upon in a personal possession of marijuana case is often unreliable and can be easily confused. These exceptional attorneys have mastered the ways that this, in addition to the many other defenses that are applicable to this charge, can help get their clients their desired outcomes. To learn more, contact them today for a free consultation.

A California PCP conviction carries substantial repercussions which often include prison time, and the addition of factors called sentencing enhancements increases the potential punishment even more. One possible sentencing enhancement in a California PCP case can be filed if you’re accused of involving minors in your alleged drug offense. Knowledgeable California defense attorneys from The Kavinoky Law Firm will fight aggressively to protect you from the harsh consequences of both a PCP drug charge and the sentencing enhancement of involving a minor.

Sentencing enhancements must be proven beyond a reasonable doubt, just like the underlying PCP charge, or you cannot receive additional punishment. If you aren’t convicted of the underlying PCP drug charge, you can’t be convicted of or receive additional punishment for a sentencing enhancement.

There is only one possible sentencing enhancement involving a minor that can be filed in a California PCP case. Under California Health & Safety Code section 11380, utilizing, soliciting or furnishing a minor with PCP is a felony sentencing enhancement punishable by three, six or nine additional years in prison. Under California’s determinate sentencing laws, the judge can impose the lower, middle or upper term depending on mitigating or aggravating factors — issues that prompt the court to impose a harsher or more lenient sentence.

If the prosecutor files a sentencing enhancement under California H&S 11380, he or she will also likely file a count under California Penal Code section 1203.07a8, which specifies that the defendant is not entitled to probation and that the judge has no discretion in the matter.

If you’re facing PCP charges that allegedly to involve minors, you face substantial punishment and need an aggressive defense strategy. An experienced California drug lawyer from The Kavinoky Law Firm has the skills needed to fight for your rights. Please contact knowledgeable California defense attorneys today at 1.800.NO.CUFFS for a free consultation.