Clandestine Drug Lab Charges

There are a number of criminal charges that can be filed in a California clandestine drug lab case, and nearly all of them carry extremely harsh repercussions that include prison time. However, it may be possible to successfully fight a California clandestine drug charge. A knowledgeable California drug defense lawyer from The Kavinoky Law Firm will do everything possible to fight for your rights and freedom, and safeguard you from the substantial consequences of a clandestine drug lab charge.

Although California’s clandestine lab laws can be applied to the manufacture of any drug, they are most commonly used to prosecute methamphetamine cookers. You can be charged in connection with a clandestine lab without ever having stepped foot in one — for example, it’s against the law to possess certain chemicals “with the intent to manufacture.” Many of the chemicals used in methamphetamine manufacturing are found in common household products and over-the-counter medications such as cold medicine.

California’s determinate sentencing laws spell out three possible sentences for felony charges — the lower, the middle and the upper term, expressed in months, or more typically, years. The sentence the judge hands down will depend on aggravating and mitigating factors — knowledge about the defendant that prompts the court to act with harshness or leniency.

These are the charges that can be filed in a California clandestine drug lab case:

Code Section Charge Sentence 11379.6 Manufacturing 3-5-7 plus $50,000 11383a,c Analogs (material similar in chemical composition to controlled substance) Punishment identical to that for the controlled substance 11401 Analogs (material similar in chemical composition to controlled substance) Punishment identical to that for the controlled substance 11100 Report to the DOJ transactions involving precursors, including P2P, methylamine, ephedrine, pseudoephedrine, saffrole, hydriotic acid and others Misdemeanor
If prior conviction for 11100,
16-2-3
11100(g)(3) Sell more than three packages containing (or more than nine grams total of) ephedrine, pseudoephedrine, norpsendoephedrine, or phenylpropanoline Misdemeanor 11104 11100 precursors sold with knowledge of intent to unlawfully manufacture 16-2-3 11104.5 Possession of glassware/apparatus with intent to unlawfully manufacture Misdemeanor 11105 False 11100 report or statement Misdemeanor, if prior 2-3-4 plus $100,000 fine 11107.1 Sale or purchase by individual of more than 8 oz. iodine or more than 4 oz. red phosphorus in a 30-day period Misdemeanor 11374.5 Disposal of hazardous substances by manufacturer of controlled substances Misdemeanor or 2-3-4 plus cleanup-cost-based penalty 25189 Civil penalties and costs for intentional or negligent disposal of hazardous waste 25189.6a Knowingly, recklessly treats, handles, disposes hazardous waste creating unreasonable risk of fire, injury etc. 16-2-3 25189.6b Knowingly place another in imminent danger while 25189.6a 3-6-9 PC182a1 Conspiracy to do any of the above Same as substantive charge

As the above charges and penalties demonstrate, the consequences of operating a clandestine lab in California are extremely harsh. However, it’s possible to mount an aggressive defense to California clandestine lab charges. If you’re accused of manufacturing drugs in California, a skilled defense lawyer from The Kavinoky Law Firm is ready to fight for your rights and your freedom. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Clandestine Lab Weight Enhancements

California drug laws include serious repercussions for operating a clandestine lab, and these penalties can be substantially increased with sentencing enhancements. One possible sentencing enhancement in a California clandestine drug lab case is a weight enhancement. If you’re facing a clandestine lab charge, a skilled California defense attorneys from The Kavinoky Law Firm can help you understand your options and help you to plan an aggressive defense.

A weight enhancement in a California clandestine lab case can add many years to a prison sentence, so it’s critical to fight both the underlying drug charge and the sentencing enhancement. You cannot be punished for a sentencing enhancement if you aren’t convicted of the underlying drug charge. Also, your guilt must be proven beyond a reasonable doubt in the sentencing enhancement just as it must in the underlying drug charge, or you cannot be sentenced to the additional time.

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

Code section Enhancement Punishment 11379.8 More than three gallons/one pound
More than 10 gallons/three pounds
More than 25 gallons/10 pounds
More than 105 gallons/44 pounds

Add three years

Add five years

Add 10 years

Add 15 years

PC 1170.74 If 11377, 11378, 11379, 11379.6 and substance is crystalline form of meth, this is circumstance in aggravation for sentencing

Clearly, a California clandestine lab drug case can bring many years in prison, so it’s imperative to mount an aggressive defense to these charges. An experienced California drug lawyer from The Kavinoky Law Firm thoroughly understands how to fight a clandestine lab case. Please contact us today at 1.800.NO.CUFFS for a free consultation.

California Marijuana Laws

Marijuana cases in California involve many issues, defenses and sentencing alternatives. Marijuana-related charges can range anywhere from simple possession to manufacturing the drug to driving under its influence and include a variety of penalties, which may range from a mere $100 fine to years in the state prison, severe fines and the forfeiture of one’s assets. It is because the laws that regulate this specific area of practice are so numerous and complex that an individual who has been accused of any marijuana related offense must immediately contact an experienced California Cannabis Attorney who has mastered this area of the law and all of the defenses that are applicable to it.

The outstanding attorneys at The Kavinoky Law Firm are dedicated to protecting the rights of their clients charged with marijuana offenses and to helping them resolve their cases as quickly, inexpensively and favorably as possible. Because they keep current with all of the latest evidentiary rulings, political issues and trial strategies that are applicable to marijuana charges, they are always a leg-up on the competition, which provides their clients with a tremendous advantage over the criminal court process.

When charged with a marijuana-related offense in California, it is imperative that the accused hires a criminal attorney who understands all of the laws that regulate marijuana and its use. For example, although California has enacted two laws that legalize medical marijuana (Proposition 215 and SB 420), law enforcement is still quick to arrest an individual who tries to rely on this defense. When such is the case, only a skilled attorney who is well-versed in these laws will be able to quickly quash the case, knowing exactly which motions to file and how to immediately implement this defense.

Paraphernalia, the marijuana itself, references on cultivation, etc., often provide the prosecution with (what appears to be) devastating evidence to use against the accused. However, one of the benefits of hiring a lawyer who routinely practices California drug defense is that he or she knows how to most effectively challenge this type of evidence and will file and argue a motion to suppress the evidence, which, if granted, will typically force the prosecution to dismiss the charges.

Driving under the influence of marijuana (also known as driving under the influence of drugs or D.U.I.D.) also gives rise to many issues and possible defenses which are unique to this specific charge. Although most of the evidence that is used by the prosecution in this type of case is similar to an alcohol-related D.U.I., there are several differences in the ways that the evidence is used and defended, which is why retaining an attorney who is familiar with both marijuana cases and DUI cases is imperative.

California Marijuana and Drug Defense Attorneys

The exceptional California Cannabis Lawyers at The Kavinoky Law Firm pride themselves on their abilities to successfully negotiate plea bargains for their clients that allow their clients to participate in alternative sentencing options (which include diversion, sober living, rehabilitation and electronic monitoring) that replace jail or prison sentences. They maintain an excellent reputation with local prosecutors and judges, which is clearly reflected in their success rates. For the most trusted legal advice and for unparalleled representation, contact the firm today for a free consultation.

 

Firearms and California Methamphetamine Cases

California methamphetamine charges can bring extremely harsh consequences, and additional allegations known as sentencing enhancements carry substantially heavier repercussions. One possible sentencing enhancement in a California meth case can be filed if you’re accused of having access to or using a firearm. This is when you will need skilled California criminal defense attorneys.

The prosecutor must prove both the underlying methamphetamine charge and any sentencing enhancements such as firearms beyond a reasonable doubt if you are to receive additional punishment. You cannot be convicted of a sentencing enhancement if you are not found guilty of the underlying drug charge.

The following firearms enhancements can be filed if a gun is involved in a California methamphetamine case:

* 11550e — being under the influence of methamphetamine while in personal possession of a loaded, operable firearm — misdemeanor or 16 months, two years or three years in prison
* 11370.1 — possession of methamphetamine while armed with a loaded, operable firearm — felony punishable by two, three or four years in prison, no diversion or deferred entry of judgment (DEJ).
* PC 12022c — 11378 (possession for sale), 11379 (sale), or 11379.6 (manufacture) while armed with a loaded or unloaded, operable or inoperable firearm is a felony punishable by a full consecutive term of three, four or five years in prison.
* PC 12022a — the commission of any felony with a loaded or unloaded firearm adds one year to the sentence.

The use of a firearm or even the presence of a gun can add years to your sentence in a California meth case, but only if the prosecutor can prove both the drug charge and the firearm enhancement beyond a reasonable doubt.

An experienced California drug defense lawyer will do everything possible to protect you from those consequences. If you’re facing a methamphetamine charge in California, you need a top drug defense attorney fighting for your rights. Skilled California criminal defense attorneys and lawyers from The Kavinoky Law Firm is ready to review your case and begin building an aggressive defense strategy. Please contact us today at 1.800.NO.CUFFS for a free consultation.

The DMV

DMV involvement in a driving under the influence of marijuana arrest is rare and will typically only take place if the department believes that the driver poses a significant health and safety risk to the public or if he or she refused to provide a blood or urine sample. When the DMV does get involved, it is critical that the accused hires a California criminal defense lawyer who has experience defending clients against DMV administrative hearings in order to avoid the severe consequence of losing one’s driver’s license.

The DMV is immediately notified when an individual has been arrested for “drunk driving” if he or she had a blood alcohol content (BAC) of a 0.08% or greater. This is because California has what’s called a “per se” law which states that anyone who has that BAC is above the legal limit and may be automatically considered under the influence. When that happens, the DMV automatically suspends one’s driver’s license unless an attorney can convince it to do otherwise at a hearing that the defense must request within 10 days of the arrest.

Driving under the influence of marijuana, in California, has no similar “per se” law, as simply having the drug in one’s system isn’t enough to infer that he or she was under its influence. Because there is no “per se” law in this state for driving under the influence of drugs (DUID), an individual arrested for this offense will not typically have his or her driver’s license administratively suspended by the DMV. That being said, there are two exceptions to this rule.

The DMV is notified when an officer makes a DUID arrest if the officer initially suspected that the driver was driving under the influence of alcohol. When an officer suspects that alcohol has caused a driver’s impairment, he or she gives the driver a form that serves as a notice of suspension and a temporary 30-day license. That form is also sent directly to the DMV. If a chemical test later reveals that drugs and not alcohol were involved, the DMV usually tells the arrested individual that he or she may simply apply for a duplicate license and that the department will not be taking any independent action. However, if the DMV is alerted to the fact that the DUID arrest is the driver’s second or more, they may suspend the license, declaring that the accused poses a health and safety risk to the community. In this situation, it is vital to request the hearing within 10 days of the arrest and to hire a skilled DMV hearing attorney who knows how to convince the hearing officer not to impose such a restriction. Without a knowledgeable attorney, the suspension is virtually guaranteed.

Refusing to submit to a blood or urine test will also invite the DMV to take action. This is because everyone who receives a driver’s license is deemed to have given his or her consent to submit to a chemical test if an officer believes that he or she is under the influence of drugs or alcohol. This is known as the “implied consent” law. When the officer tells the driver that he or she must choose a test, he or she must also inform the suspect that refusing to submit to one will cause his or her driver’s license to be automatically suspended for 1-3 years, depending on how many similar violations the individual has previously been charged with.

When arrested for driving under the influence of marijuana (especially if the accused either refused to take a chemical test or knows that this is his or her second or subsequent offense), it is imperative that he or she immediately contacts the outstanding criminal attorneys at The Kavinoky Law Firm who know the most effective ways to challenge a driver’s license suspension, both at the DMV and in court. For the most trusted legal advice and unparalleled representation, contact them today for a free consultation.

SB420 – California’s statutory law regarding medical marijuana

SB420 is similar in nature to Proposition 215 in that both legalize medical marijuana use, cultivation and distribution in California under specific circumstances. Medical marijuana, defined under this law, consists of dry buds or conversion and not leaf, seeds or stems. Unlike Prop. 215 (also known as the Compassionate Use Act), which was passed by voters, SB420 (Senate Bill 420) was passed by the Legislature. Both are governing laws in California and don’t conflict with one another like they do with federal law, which states that all marijuana use is illegal – period.

Because the laws regulating medical marijuana are specific and complex, an individual accused of any activity regarding marijuana (especially one who was participating in the activity for medicinal purposes) should immediately contact a skilled California drug crime defense attorney to avoid the harsh penalties that can be imposed in connection with the offenses that involve this drug.

SB420 creates two classes of individuals that qualify for medical marijuana use: “qualified patients” (under Prop. 215) and persons with identification cards. Qualified patients are those whose doctors have recommended or prescribed marijuana for medical purposes for the treatment of their cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illnesses for which marijuana may provide relief who do not hold identification cards. Persons with identification cards must list their names on a government registry (which is confidential and for verification purposes only) and provide documented proof of their doctor’s approval. Identification cards are only valid for one year and only entitle a card-holder to grow or have up to eight ounces or dried bud or conversion and six mature or twelve immature plants unless one’s doctor or community authorizes more.

It should be noted that persons without identification cards are still entitled to the protections afforded by the Compassionate Use Act, however, the police may consider those patients subject to arrest. Because the police usually arrest most individuals engaged in marijuana activity in any event, this effect may be minimal. The law specifies that those who hold valid identification cards (whether patients or caregivers) shall remain free from arrest for possession, transportation, delivery or cultivation of medical marijuana as long as the amount is authorized by law unless there is reason to believe that the information contained in the card is false or unless there is reason to believe that the card was fraudulently obtained. An individual who is convicted for fraudulent activity under this law faces a misdemeanor, punishable by up to six months in the county jail and a maximum $1,000 fine for a first offense and up to one year in jail and a maximum $1,000 fine for a second or subsequent offense. He or she will additionally be precluded from attempting to obtain or use an identification card for a period of up to six months at the discretion of the court.

Because the police are quick to arrest anyone suspected of having anything to do with marijuana use (regardless of whether or not it is pursuant to legitimate medical purposes), it is absolutely necessary for an individual who has been accused of such activity to immediately contact an experienced criminal defense lawyer who understands the laws and defenses that apply to medicinal marijuana cases. The outstanding criminal attorneys at The Kavinoky Law Firm specialize in California drug offenses and know what it takes to win. They have mastered this unique area of the law and are dedicated to protecting the rights of their clients charged with marijuana offenses. With law offices throughout the state, they are conveniently accessible to anyone in need of a defense attorney who is devoted to the pursuit of justice. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.

PCP Charges

PCP is illegal to use, possess, sell, possess for sale and manufacture in California, and a violation of these laws can bring extremely harsh repercussions that include prison time. Because the consequences of a California PCP conviction are so severe, it’s imperative to launch a strategic defense to the charges. Knowledgeable California drug defense attorneys from The Kavinoky Law Firm has the skills and experience needed to aggressively fight your PCP charge.

Most California PCP offenses are charged as felonies, but a few are considered “wobblers,” meaning that they can be charged as either misdemeanors or felonies, but prosecutors often opt for the more serious charge. Most California drug offenses are included in the Health & Safety code, but a few violations are found in the Penal Code.

Under California’s determine sentencing laws, every felony carries three possible prison sentences — the lower, middle and upper term. The sentence imposed depends on information such as aggravating and mitigating factors — issues that prompt the judge to treat you more harshly or leniently.

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

Code Section Charge Sentence 11377 Possession Misdemeanor or 16-2-3 11378.5 Possession for sale 3-4-5 11379.5a Sale (transport, import, furnish, administer, give away, or offers) 3-4-5 11379.6 Manufacture (process, prepare, etc.) 3-5-7 plus $50,000 11382 Agrees to sell, then sells another substance in lieu of Misdemeanor or 16-2-3 11383b Possession of precursor chemicals with intent to manufacture 2-4-6 11366.8a Possession or use of 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 controlled substance (i.e. substantially similar chemical structure or effect) PC 1203.07(a)(5),(6) If 11379.5 No probation, no discretion PC 1203.07a10 If 11383 No probation, no discretion PC 182a1 Conspiracy to do any of the above Same as substantive charge 11532 Loitering in a public place with intent to commit a narcotics offense Misdemeanor

In addition to the charges that can be filed in a California PCP case, there are numerous sentencing enhancements that, if proven, can be used to enhance your punishment. The prosecutor in your PCP case can file enhancements for weight, prior convictions, firearms, locations, and the allegation that you involved minors in the commission of your offense.

Clearly, a California PCP case carries the possibility of significant punishment, so you need knowledgeable California drug defense attorneys at your side fighting to protect your freedom. A seasoned California drug attorney from The Kavinoky Law Firm has many tools at hand to aggressively fight your PCP charge. Please contact us at 1.800.NO.CUFFS today for a free consultation.

Cocaine Base or Crack with Weight Enhancements

California crack or cocaine base charges carry extremely serious repercussions, and factors known as sentencing enhancements can add years to a prison term. If you’re facing a California crack or cocaine base charge with or without sentencing enhancements, you need an experienced drug defense attorney who can fight aggressively for your rights. A skilled California drug lawyer from The Kavinoky Law Firm is ready to review your case and help you determine your next step.

One possible sentencing enhancement in a California crack or cocaine base case is a weight enhancement. Like the underlying drug charge, a weight enhancement must be proven beyond a reasonable doubt if you are to be punished for it. You can’t be punished for a weight enhancement or any other sentencing enhancement if you aren’t convicted of the underlying drug charge.

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

Code Section Enhancement Sentence 1203.73b5 Two ounces of a substance containing at least five grams of cocaine base or one ounce of pure cocaine base No probation, judge has discretion 11370.4a1 More than one kilogram Add three years 11370.4a2 More than four kilos 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

The good news is that it’s possible to mount an aggressive fight to a crack or cocaine base charge and any accompanying sentencing enhancements. One tactic an experienced California defense lawyer may use is a motion to suppress evidence. If police didn’t follow the correct protocol when gathering evidence against you, it may be inadmissible.

In some California crack cocaine cases, it may be possible to arrange alternative sentencing that permits you to avoid some or all of a prison sentence. Some types of sentencing alternatives that may be available include a deferred entry of judgment (DEJ), drug court, or Proposition 36.

If you’re facing a crack or cocaine base charge with weight enhancements, you need an experienced California drug defense attorney who will fight aggressively to protect you from the substantial repercussions you face. Experienced California defense attorneys from The Kavinoky Law Firm is ready to review your case and help you to understand your options. Please contact us today at 1.800.NO.CUFFS for a free consultation.

California Marijuana Law – Marijuana’s unique issues

Marijuana, also known as grass, pot, bud, weed, Mary Jane, ganja, cannabis and indo, is one of the most commonly used illegal drugs in this country. As a result, crimes that involve its use or distribution are heavily prosecuted and can carry heavy sentences. While most drugs are regulated by the same laws, there are a few areas where marijuana laws differ from the laws that deal with other drugs. These areas include cultivation, transportation – when the amount is less than 28.5 grams – and being under its influence. Because the laws that regulate marijuana drugs are specific and technical, it is advisable that an individual charged with a marijuana-related offense contacts a qualified criminal defense lawyer. The outstanding attorneys at The Kavinoky Law Firm specialize in California drug crimes and have mastered the laws and defenses that apply to marijuana offenses. They are dedicated to protecting the rights of their clients and will do their best to have all drug charges either reduced or dismissed.

With respect to marijuana cultivation, cultivating any amount of marijuana may lead to felony prosecution, as the law states that, “every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof…shall be punished by imprisonment in the state prison.” However, if the cultivation is for approved medical purposes, the individual may be exempt from prosecution from this law. In addition, if the cultivation is for personal use (with no evidence of any intent to sell), but isn’t for medicinal purposes, the accused may be permitted to participate in a drug-diversion program to avoid a prison sentence. This is one of the reasons why it is critical to have an experienced California drug crime defense attorney, as an inexperienced attorney would not know to inquire about this type of alternative sentencing.

While selling, importing, furnishing, administering, transporting, giving away or offering to do any of the above with marijuana will generally result in a felony charge (punishable by two, three or four years in the state prison), transporting less than one ounce (28.5 grams) of the drug, unless it’s concentrated cannabis, will typically result in a misdemeanor charge, punishable by a maximum $100 fine.

As for being under the influence of marijuana…this is not in and of itself a crime, as is the case with many (if not most) other illegal drugs. Being under the influence of most other drugs will result in a minimum 90-day jail sentence, and an individual’s sentence increases with each subsequent conviction. No mention is made in California’s Health and Safety code, however, about being under the influence of marijuana drugs. The exception, of course, lies in how one conducts him or herself while under the influence. For example, if an individual is under the influence of marijuana and drives a car, he or she will still be prosecuted for driving while under the influence.

California Marijuana and Drug Defense Lawyer

Because California is cracking down on its drug offenders, officers are eager to arrest and prosecutors are eager to convict based on any shred of evidence. The most important call the accused can therefore make is to a good criminal attorney who knows how to successfully challenge and defeat what are often trumped-up charges. The unsurpassed defense attorneys at The Kavinoky Law Firm have law offices throughout the state and are well qualified to defend against marijuana and other drug charges, as they specialize in this area of the law. They pride themselves on their outstanding reputation with local judges and prosecutors, which provides their clients with a tremendous advantage when it comes time to discuss their cases. Their thorough knowledge of California drug laws enables them to give their clients the most comprehensive defenses available – something that an inexperienced attorney simply can’t do. For the most trusted legal advice, contact The Kavinoky Law Firm today for a free consultation and for the best representation.

PCP and Firearms

A California PCP conviction carries extremely harsh consequences, and the punishment can be increased substantially by factors known as sentencing enhancements. One possible sentencing enhancement in a California PCP offense case can be filed when you’re accused of using a firearm during the commission of the offense or merely having access to one.

If you’re charged with a California PCP offense, you need a skilled drug lawyer ensuring that your rights are protected. Experienced California defense attorneys from The Kavinoky Law Firm has the advanced legal skills needed to aggressively fight your PCP charge.

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

These are the gun-related sentencing enhancements that can be filed in a California PCP case:

Code Section Enhancement Sentence 11550e 11550 (under the influence) while in personal possession (including passenger compartment of vehicle) of loaded, operable firearm Misdemeanor or 16-2-3 11370.1 11377 (possession) while armed (available for offense/defense) with a firearm (loaded or unloaded, operable or inoperable) 2-3-4
No diversion, no deferred entry of judgment
PC 12022c 11378.5 or 11379.5 (or attempt) while armed (available for offense/defense) with firearm (loaded or unloaded, operable or inoperable) Full consecutive 3-4-5
(if vicarious 12022d
add 1-2-3
PC 12022a Armed with a firearm (loaded or unloaded) in the commission of any felony Add one year

A firearm enhancement can add substantially to your sentence in a California PCP case, so it’s in your best interest to mount an aggressive defense to the charges. A knowledgeable California drug lawyer from The Kavinoky Law Firm has the advanced legal skills needed to aggressively defend a PCP case. Contact a skilled California defense attorneys today at 1.800.NO.CUFFS for a free consultation.