Personal possession of marijuana – illegal searches and seizures

Possession of marijuana for personal use may be charged as either a misdemeanor or a felony in California, depending on the circumstances under which the drug was discovered. While the penalties for this offense aren’t as severe as possessing marijuana for sale, they can still be serious, which is why an individual accused of this offense should contact a criminal attorney who understands this area of the law and all of the defenses that are applicable to it.

An illegal search and/or seizure will be one of the most useful defenses if properly argued and proven, as Constitutional violations can result in the exclusion of incriminating evidence and a dismissal of one’s criminal charges. Because this defense requires a thorough understanding of both California and federal laws, only a skilled criminal defense lawyer should attempt to present this type of evidence.

The Fourth Amendment to the United States Constitution protects an individual against unreasonable searches and seizures of his or her person or property. This law prohibits unreasonable invasions of privacy, which basically means that police must have a warrant before conducting a search and that police must have probable cause to believe that an individual either possesses something illegal or is involved in illegal activity before stopping that person. It must be noted that a “search” doesn’t technically take place unless the individual being searched had a “reasonable expectation of privacy”. For example, if the police saw a marijuana cigarette coming out of someone’s pocket, that wouldn’t qualify as a search. A search would take place, however, if the police had to look inside that person’s bedroom dresser to find that same cigarette. Because a “search” didn’t take place in the first scenario, a warrant would be unnecessary.

Most personal possession of marijuana cases involve an arrest and evidence that resulted from a search and seizure. When the police suspect that an individual possesses marijuana, a search may involve an inspection of that individual, his or her surroundings and/or his or her property in order to locate all of the drugs. If found, a seizure refers to the confiscation of the marijuana and/or to taking the individual possessing the marijuana into custody. Generally speaking, if the seizure is invalid it is because it was preceded by an invalid search.

Both persons and property may legitimately be searched and seized by the police (either with or without a warrant), as long as circumstances justified the officers actions. If, however, law enforcement act without reasonable or “probable cause” or exceed their Constitutional limitations, their searches and seizures may be declared invalid and any evidence that they subsequently retrieved will be excluded from one’s case. An experienced California drug crime defense attorney will meticulously review a client’s file to see if the arresting law enforcement agency violated his or her client’s Constitutional rights in any way.

The outstanding attorneys at The Kavinoky Law Firm have mastered the laws (both state and federal) that are relevant to California drug offenses. When examining a personal possession case, they know how to immediately spot an illegal search and/or seizure and how to effectively convey this type of defense to the judge and jury. They are dedicated to protecting the rights of their clients and will aggressively pursue acquittals when they believe that illegal searches and/or seizures have taken place and where acquittals aren’t possible, they know the most effective arguments to convince a judge to impose alternative sentencing that will permit their client’s convicted of possessing marijuana for personal use to receive treatment instead of a jail sentence. For questions about illegal searches and seizures or the many other defenses that are applicable to a possession charge, contact The Kavinoky Law Firm today for a free consultation and for unsurpassed legal representation.

The vast majority of criminal offenses are prosecuted in state superior courts. In California, many offenses fall under the jurisdiction of state courts, including most DUI / DWI offenses, drug crimes, domestic violence offenses, assaults, sex crimes, and homicides. However, certain crimes are prosecuted in federal court. Below are examples of Federal Crimes.

Federal crimes are, by definition, serious offenses that carry severe consequences, so it’s critical to have a top defense lawyer fighting for your rights. If you’re accused of committing a federal crime in Los Angeles, Riverside, San Bernardino, San Diego, Orange or Ventura counties, or anywhere in California, you need expert legal help. The experienced California Federal Crimes defense attorneys of The Kavinoky Law Firm will fight aggressively for your rights in federal court and work to shield you from any adverse repercussions.

There are several factors that determine whether an offense will be prosecuted in state or federal court. The first is the nature of the offense itself. Tax evasion and mail fraud, fall under the exclusive control of the federal government and thus will be pursued as a federal offense.

Other offenses that would normally be pursued in state courts are prosecuted as federal crimes because the defendant is alleged to have crossed state lines in the commission of the offense. Offenses such as kidnapping, murder, rape and child molestation are examples of crimes that can be pursued in federal court if, for example, the defendant is accused of traveling from California to another state during the commission of the crime.

Drug trafficking is commonly pursued as a federal crime under the authority of the Commerce Clause of the U.S. Constitution. Federal drug offenses generally carry far greater repercussions than the same offenses pursued in state courts.

Any offense that is committed in a location under the exclusive control of the federal government will also be pursued in federal courts. The District of Columbia, national parks, military bases, and U.S. territories such as Puerto Rico and Guam, are examples of locations where even relatively minor offenses such as DUI / DWI, will be pursued as federal crimes. Also, any offense committed in a federal courthouse or prison or aboard an aircraft or oceangoing vessel will be prosecuted in federal courts.

Federal crimes often carry far more severe consequences than similar offenses prosecuted in state courts. Also, if you are sentenced to federal prison, you may be sent to a facility much farther away from your home than a defendant sentenced to state prison.

Fortunately, it’s possible to aggressively fight federal criminal charges and create reasonable doubt of your guilt. The experienced California Federal Criminal defense attorneys of The Kavinoky Law Firm have the skills needed to effectively fight your federal charges and protect your rights. To learn more about aggressive defenses to federal crimes in California, contact us today for a free consultation.

California Methamphetamine Charges

California drug charges for methamphetamines are extremely strict. So if you’re caught using, possessing, selling or manufacturing meth you face harsh repercussions according to the California drug laws. Fortunately, it’s possible to aggressively fight a California meth charge. Skilled California defense attorneys from The Kavinoky Law Firm are ready to review your case and begin developing a strong defense strategy to fight your California drug charge.

Methamphetamine is a schedule II drug under California Health & Safety Code section 11055 (d) (2)). Some offenses can be charged as either misdemeanors or felonies. California drug laws have a complex sentencing structure when it comes to felonies that allows for a lower term, a middle term and an upper term. The sentence is determined by the facts of the case and aggravating and mitigating factors — issues that would prompt the court to treat you more harshly or more leniently.

One or more of the following meth charges can be brought in a California methamphetamine case:

Section number Charge Sentence (in months or years) 11377 Possession of methamphetamine Misdemeanor or 16-2-3 11378 Possession for sale 16-2-3 11379 Sale (transport, import, furnish, administer, give away or offers) 2-3-4 11379.6 Manufacturing 3-5-7 plus $50,000 11382 Agrees to sell then sells another substance in lieu Misdemeanor or 16-2-3 of 11383 a,c Possession of precursor chemicals with intent to manufacture 2-4-6 11366.8a Possess or use false compartment in vehicle to store or transport Misdemeanor or 16-2-3 11366.8b Design or construct false compartment in vehicle to store or transport 16-2-3 11401 Analog of methamphetamine (controlled substance) (i.e. substantially similar chemical structure or effect) PC 182 a1 Conspiracy to do any of the above (substantive charge) 11532 Loitering in a public place with intent to commit a narcotics offense Misdemeanor PC 1170.74 Meth in crystalline form is an aggravating sentencing factor

In addition to the methamphetamine charges listed above, there are a number of sentencing enhancements that can be added in a California methamphetamine case that can greatly increase the potential punishment. The possible sentencing enhancements in a California meth case include weight enhancements, prior convictions, firearms, certain locations and minors. This is where the defense attorneys from the Kavinoky Law Firm can help fight your meth charge.

Heroin Offense

Heroin is a Schedule I drug under California Health and Safety Code section 11054 (c) (11)), and is illegal to possess, sell, possess for sale, etc. Violations of these laws are charged as felonies and a conviction can result in significant prison time.

If you’ve been charged with a California heroin offense, you need a qualified drug lawyer fighting for your rights and freedom. An experienced California drug lawyer from The Kavinoky Law Firm is skilled in every aspect of fighting heroin charges.

In addition to the underlying drug charges that can be brought in a California heroin case, there are a number of sentencing enhancements that can add years to your prison sentence if proven. The sentencing enhancements that can be added to a California heroin case include weight enhancements, prior convictions, guns and firearms enhancements, locations and minors.

California heroin charges bring extremely harsh consequences, but a skilled drug defense lawyer has strategies to fight these allegations. One potentially powerful tool in a drug defense attorney’s arsenal is a motion to suppress evidence. If investigators violated your rights when gathering evidence against you in your heroin case, the evidence may be suppressed.

You may be eligible for alternative sentencing that could allow you to avoid all or part of a prison sentence in your California heroin case. Possible forms of alternative sentencing in California drug cases include Proposition 36, deferred entry of judgment (DEJ) and drug court.

A California heroin charge carries consequences that can negatively impact your entire life, so it’s imperative to mount an aggressive defense. A knowledgeable California drug defense lawyer from The Kavinoky Law Firm is highly experienced in fighting heroin charges and will do everything possible to safeguard you from the harsh repercussions.

To learn more about strong defenses to California heroin charges, please contact a skilled California drug attorney from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Transporting or giving away marijuana or attempting or offering to do either in California is a felony, punishable by two, three or four years in prison, heavy fines and a variety of additional penalties. However, if the charged offense involved less than 28.5 grams or one ounce of marijuana (other than concentrated cannabis), the offense would be charged as a misdemeanor, punishable by a maximum $100 fine. Because the consequences of this charge can be severe, it is critical that an individual accused of one of these crimes immediately contacts a skilled criminal attorney who specializes in California drug crime defense.

Although there is a general law that prohibits transporting, selling, furnishing, administering or giving away marijuana and/or attempting or offering to do any of these activities, the offenses are broken down into three categories: transporting and giving away marijuana are grouped together (along with their attempts and offers), selling, furnishing and administering marijuana are grouped together (along with their attempts and offers as well) and all of the above (including attempting or offering to do any of the above) are grouped together if the marijuana in question weighs no more than one ounce and isn’t concentrated cannabis.

An individual may be convicted of transporting (that is, knowingly transferring marijuana from one place to another, whether by foot, in a car or by some other means of transportation) or giving away marijuana or of offering or attempting to transport or give away marijuana if he or she did so with more than 28.5 grams of marijuana, had knowledge of the presence of the drug and of its narcotic character and, if the crime alleged involved an offer or attempt, that the accused had the specific intent to give away or transport the marijuana. If found guilty, the accused faces two, three or four years in prison and will be ineligible for probation if he or she has a prior felony conviction for drug related offenses that include most opiates or opium derivatives, certain depressants, cocaine base, marijuana, mescaline, peyote, tetrahydrocannabinols or any drugs listed in schedules III, IV or V of the Controlled Substances Act.

Being charged with transporting or “giving away” marijuana raises two additional issues that are related to one another – included offenses and sentencing options. With respect to the first issue, the prosecution may allege that because the accused transported or gave away the drug, he or she necessarily “possessed” the drug and may charge the defendant with the crime of personal possession of marijuana or with possession of marijuana for sale in addition to the transporting or “giving away” charge. However, an experienced criminal defense lawyer who regularly practices this area of the law knows that these crimes are not necessarily included offenses (especially in a situation where one is offering to transport or give away the drug at a later time) and that similarly, where the only possession alleged is necessarily incidental to the drug’s transport or to the act of giving it away, separate convictions for this offense and possession are invalid.

If the court determines that the accused may be charged with a transporting or “giving away” charge and an additional charge involving marijuana, sentencing becomes an issue. If both counts were part of an “indivisible course of criminal conduct,” then the accused could only legally be sentenced to one of the charges. A seasoned lawyer knows the most compelling arguments to convince a judge that any related activities were, indeed, part of the same transaction, thereby avoiding separate sentences.

The unsurpassed attorneys at The Kavinoky Law Firm understand all of these issues and the most effective ways to address them. They also know that an individual convicted of a transportation charge may be eligible for drug treatment in lieu of incarceration if it can be proven that the marijuana was for personal use and not for sale. For the most trusted legal advice and outstanding representation, contact them today for a free consultation.

Powder Cocaine Offense

Cocaine, whether it’s in powder, base or crack form, is illegal to possess, sell, and transport in California. Violating those laws can result in state or federal charges. Powder cocaine is a Schedule II drug under California Health & Safety Code 11055 (b) (6)).

If you’re facing a California cocaine charge, it’s important to have knowledgeable California defense attorneys at your side. An experienced drug defense lawyer from The Kavinoky Law Firm has the skills needed to aggressively fight any powder cocaine charge.

There are a number of charges that can be brought in a California cocaine case, including possession, possession for sale, sale, manufacturing, and being under the influence. With the exception of under the influence, each of these is a felony that carries significant prison time if you’re convicted.

In addition to the charges listed above, there are numerous sentencing enhancements that can be brought in a California cocaine case. These include enhancements for weight, prior convictions, firearms, locations and minors. These sentencing enhancements can add years to your punishment in a cocaine case. You can’t be punished for a sentencing enhancement unless the prosecutor proves both the underlying drug charge and the enhancement beyond a reasonable doubt.

Fortunately, it’s possible to aggressively fight a California cocaine charge. Skilled California defense attorneys can thoroughly analyze your case and determine the most effective strategy to fight the charges, which may include a motion to suppress evidence.

Alternative sentencing that allows you to avoid incarceration is sometimes available in California cocaine cases. Alternative sentencing options may include a deferred entry of judgment (DEJ), Proposition 36, or drug court. An evaluation by a skilled substance abuse expert may help to persuade the court that alternative sentencing is appropriate.

A California cocaine conviction carries extremely harsh punishment, but it’s possible to fight the charges. A knowledgeable California drug lawyer from The Kavinoky Law Firm will fight to minimize or even eliminate the consequences of a cocaine charge. Please contact a skilled drug defense attorney today at 1.800.NO.CUFFS for a free consultation.

Possession of marijuana for sale

Possessing marijuana for sale, as apposed to simple possession of marijuana, in California is a straight felony offense, punishable by sixteen months or two or three years in the state prison, whereas simple possession may be prosecuted as a misdemeanor, depending on the quantity possessed. An individual convicted of possessing marijuana with the intent to sell it not only faces prison time, but faces a host of additional penalties as well, including probation and heavy fines. An experienced criminal defense lawyer who specializes in California’s drug crime laws and who has mastered the defenses available to this crime is the key to beating this charge.

An individual who is found possessing a large amount of marijuana drugs will likely be charged with possession for sale and, depending on the circumstances, may be charged with simple possession as well. Whether the accused actually sold any marijuana may not even be relevant to the case, as the police aren’t required to prove that the accused sold any drugs, only that he or she had the intent to sell the drugs. Although the accused must have had either the specific intent to sell the drug personally or the specific intent that someone else would sell the drug to be convicted of possession with the intent to sell, this intent may be proven through circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it). In order to establish that the accused not only possessed the marijuana but also had the intent to sell the drug, law enforcement officials and the prosecution will address factors such as the amount of cash that the accused possessed (especially if there were many smaller bills), any “baggies” that the accused possessed (either with or without marijuana in them), any scales that the accused possessed, whether they found any drug paraphernalia (which might indicate personal use rather than possession with the intent to sell), where the drugs were found, any address books or client lists that the accused possessed and the location from which the accused was arrested. In addition, the prosecutor on the case will likely call the arresting officer to testify. He or she will be classified as an “expert” in the field and will therefore be entitled to testify that, based on his or her training and experience as an expert in drug crimes, he or she believed that the accused had the intent to sell the marijuana that he or she possessed. Clearly, only a seasoned criminal attorney who specializes in this specific area of the law would know which defenses to argue to help persuade a judge and jury that this type of evidence isn’t as black and white as it appears.

If the individual accused is convicted, he or she, in addition to serving prison time, may face a maximum $20,000 fine for each offense that is proven against him or her. If the accused is convicted and has a prior conviction for any offense involving marijuana or any offense involving opiates, opium derivatives, certain hallucinogenic drugs or certain other drugs, he or she will not be granted probation nor will he or she be able to have his or her sentence suspended.

Possession of marijuana for sale is a serious offense with serious consequences. The exceptional attorneys at The Kavinoky Law Firm will employ several defenses which may result in an “intent to sell” charge being reduced to a simple possession charge – a charge with much less severe penalties. They have law offices located throughout California, including several in Los Angeles, allowing them to provide their unsurpassed services to anyone in need of an experienced California drug crime defense attorney. To secure the best representation from a firm who knows how to effectively defend against California marijuana charges, contact The Kavinoky Firm today for a free consultation.

Personal possession of marijuana – insufficient quantity or use

Personal possession of marijuana will be prosecuted as a misdemeanor when the accused possesses less than one ounce of marijuana and may be prosecuted as either a misdemeanor or as a felony when the accused possesses any amount of concentrated cannabis. When charged with this offense, it is vital that the accused hires a skilled criminal defense lawyer who regularly defends California drug crimes who knows how to prepare a defense that is specific to the facts of the defendant’s case.

Insufficient quantity or use is one of the defenses that may be applicable to this charge. Because this offense is typically charged against an individual who possesses relatively small amounts of marijuana – an individual possessing large quantities of the drug will usually be charged with possession of marijuana for sale, which is a much more severe crime – there may not even be enough of the drug to withstand a criminal prosecution. Although many believe that possession of any marijuana is a crime, the fact is that there are instances where that may not be the case, due to an insufficient quantity (for example, marijuana traces or residue) or due to an insufficient use (the marijuana has no narcotic value). An inexperienced attorney may not know about these exceptions, which is another reason why it is so important to hire an attorney who specializes in this area of the law.

Insufficient quantity, obviously, refers to the amount of the possessed marijuana. California courts have decided that the laws against marijuana possession don’t include useless traces or residue of the drug, ruling that such a minute amount is useless for either sale or personal consumption of the drug. The objective of punishing an individual for possession is to punish him or her for a potential future use or sale, so the discovery of only a trace of marijuana is without legal significance. It should be noted, however, that such evidence may be used to bolster another type of narcotics charge, but will not, in and of itself, be sufficient to sustain a conviction for a personal possession charge

Insufficient use refers to the “usability” of the marijuana and may be a defense to this charge if the discovered marijuana can’t be used for its narcotic effect. The California courts have ruled that, for example, burned, charred marijuana seeds would be useless for either a toxic effect or for cultivating marijuana plants and therefore cannot be used as the basis for a possession conviction. Similarly, the courts have held that where the marijuana has been altered to the point where it can’t be used as a narcotic nor converted to a usable form to produce a narcotic effect, a conviction would not be legal. Such was the case when police discovered marijuana soaking in alcohol in a defendant’s home and arrested the defendant for possession. The court held that because the marijuana could no longer be used as a drug, nor converted back to its original form to be used as a drug and that soaking marijuana in alcohol was a remedy typically used by persons of Mexican descent for arthritis or rheumatism, an invalid arrest had been made.

The bottom line is that an experienced criminal attorney knows that a personal possession charge cannot be based on possession of marijuana that is so limited in quantity or so altered in form that it is useless for narcotic purposes. The outstanding attorneys at The Kavinoky Law Firm understand this and, just as importantly, know how to explain this defense to a judge and jury so that they, too, understand its significance. Because they stay on top of California’s drug laws and court rulings, they always know the latest evidentiary rulings and issues that may be applicable to their clients’ cases. For more information about this or any other defenses that are applicable to a personal possession charge, contact The Kavinoky Law Firm today for a free consultation and for the best representation.

Federal Drug Cases

California drug cases can be prosecuted in either state or federal courts. The U.S. government’s “War on Drugs” has resulted in a vast increase in the number of narcotics cases pursued by the federal government. If you’re facing a federal drug charge, skilled California defense attorneys from The Kavinoky Law Firm are ready to help.

Federal investigators have dual jurisdiction with state authorities over drug activity and can investigate and prosecute you for powder or crack cocaine, methamphetamine, heroin, PCP, drug manufacturing, or marijuana offenses.

Unlike in California state courts, where mitigating factors can prompt the court to treat you with more leniency, federal mandatory minimum drug sentences allow judges very little discretion in handing down punishment to narcotics offenders. The only way to reduce a drug sentence in federal court is to provide investigators with information about other defendants.

Because of federal mandatory minimum sentencing laws, the repercussions of a drug conviction in federal court can be extraordinarily harsh. Although federal mandatory minimums were intended to target drug kingpins and narcotics traffickers, studies have shown that most individuals sentenced to lengthy prison terms under these guidelines were involved in street-level activity.

The good news is that it’s possible to fight and win against a federal drug charge. A skilled defense lawyer will employ motions to suppress evidence and other tools in an effort to weaken the prosecutor’s case against you.

If you’re facing a federal drug charge, skilled California defense attorneys from The Kavinoky Law Firm are ready to review your case and build a comprehensive strategy to fight your case. Please contact a knowledgeable California drug lawyer today at 1.800.NO.CUFFS for a free consultation or fill out our Free Drug Case Evaluation.

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.