Heroin Charges Involving Minors

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

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

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

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

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

California heroin cases involving minors can be punished with years in prison, and your only recourse is to fight the charges aggressively. Knowledgable and skilled California defense attorneys from The Kavinoky Law Firm will do everything possible to protect you from the repercussions of a heroin conviction. Please contact us at 1.800.NO.CUFFS for a free consultation.

Marijuana is the most commonly used illegal drug in the United States. It interchangeably goes by the names of pot, weed, Mary Jane, hash, dope, grass, cannabis, ganja and indo and is typically smoked in a cigarette, a pipe (or bong) or a “blunt”, which is a cigar that has been emptied of tobacco and refilled with marijuana. It may also be brewed to drink or cooked into food. Legally, marijuana is defined as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. Penalties for offenses involving marijuana (other than for legitimate medicinal purposes) will depend on whether an individual is arrested for possessing, cultivating, driving while under the influence of, transporting or selling the drug and the quantity of the drug (that is, whether it is for personal use or for distribution).

Because drug offenses are so vigorously prosecuted in California, it is critical that an individual accused of a marijuana related crime contacts a criminal defense lawyer who specializes in drug crimes and knows how to successfully defend his or her clients. The exceptional attorneys at The Kavinoky Law Firm will passionately and skillfully fight for their clients in an effort to have all drug charges either reduced or dismissed.

The Controlled Substances Act classifies all drugs that are regulated under existing federal law into five schedules according to their harmfulness, medicinal value and potential for abuse or addiction. Schedule I (which is where marijuana drugs are listed) is reserved for the most dangerous drugs that have no recognized medical use, while Schedule V drugs are the least dangerous. Clearly there is debate as to whether marijuana should be a schedule 1 drug, because it does have recognized medicinal purposes. Nonetheless, because marijuana is classified as schedule 1, the penalties that are imposed in connection with its use and sale can be severe.

The main active ingredient of marijuana is THC (delta-9-tetrahydrocannabinol). Its effects are felt differently, depending on how it is ingested into the body. When smoked, its effects are felt almost immediately and can last anywhere from 1 to 3 hours. If an individual eats or drinks marijuana, the effects take longer to initially feel and may last longer, up to 4 hours. This is because THC enters the blood much quicker when smoked then when consumed in food or drink. The effects on each individual range but usually include a rapid heart beat, red eyes, pleasant sensations, a dry mouth, increased appetite and a feeling that time has slowed down. As the effects wear off, the user may feel sleepy, depressed, anxious or panicked.

There are a variety of drug offenses (including those relating to marijuana) that have special sentencing considerations that only a criminal attorney experienced in California drug laws will know to ask for. Alternative sentencing is available for qualifying crimes, which allows an offender to avoid a jail or prison sentence to attend a drug-treatment program that, upon completion, may entitle the accused to a dismissal of the underlying charges. One’s freedom and reputation is simply too important to trust to an inexperienced attorney.

California Marijuana and Drug Defense Lawyer

The laws surrounding marijuana use and possession are technical and complex, which is why it is critical that an individual accused of such a crime hires an attorney who has mastered this field of law. The outstanding attorneys at The Kavinoky Law Firm have done just that. They receive ongoing education and training on drug offenses, which enables them to provide the most comprehensive defenses for their clients. They treat each client with nothing but compassion and respect and demand the same from the criminal court system. With law offices located in Los Angeles and throughout California, they are conveniently located for anyone in need of a California drug crime defense attorney. For the most trusted legal advice and unparalleled representation, contact them today for a free consultation.

Deferred Entry of Judgment (DEJ)

Many drug convictions in California can result in jail time, but alternative sentencing may allow you to avoid all or part of a jail sentence. A deferred entry of judgement, or DEJ, may be an option in a California drug case. Skilled CA drug lawyers from The Kavinoky Law Firm can analyze your case to determine whether a DEJ may be a possibility in your case.

Defendants seeking a DEJ plead guilty to the charges they face and will have an opportunity to withdraw their pleas after a year and a half if they have successfully completed the program requirements.

A defendant seeking a deferred entry of judgement must complete a drug treatment or education program and is placed on conditional probation. At the end of 18 months (or the time period set by the court), a defendant who has completed the drug education requirement, satisfied the terms of probation, avoided additional criminal charges and paid all fines and fees will be allowed to withdraw the guilty plea, and the original drug charges will be dismissed.

Only certain individuals are eligible for a DEJ. Defendants with convictions for violent crimes or those who have defaulted on another DEJ within the past five years won’t be considered. In addition, any defendant who fails to meet the requirements of the DEJ will have a judgement entered and will be sentenced accordingly.

If you’re facing a California drug offense, you may be eligible for a DEJ that will allow you to avoid jail and a criminal record. To learn more about a deferred entry of judgement in a California drug offense case, please contact a skilled CA drug lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Proposition 36

Proposition 36, also called The Substance Abuse and Crime Prevention Act, is a California law that views marijuana possession as a public health issue rather than a criminal issue for those individuals who are willing to accept treatment. Although this alternative sentencing option allows an individual to participate in a drug treatment program instead of suffering a jail or prison sentence, there are certain eligibility requirements that must be met as well as some disadvantages to serving this type of alternative sentence. Because of these issues, it is critical that an individual charged with a marijuana-related offense immediately contacts one of the skilled California drug criminal defense lawyers at The Kavinoky Law Firm who can help educate the accused about his or her options.

Proposition 36 allows those accused of non-violent drug offenses, including marijuana possession for personal use, to escape a jail or prison sentence that may otherwise be imposed in connection with a conviction. It includes a probation and drug treatment sentence, and specifically states that an eligible offender need not be incarcerated as part of his or her probation. This act applies to first and second time offenders – those who have repeatedly attempted rehabilitation will not qualify for this type of alternative sentence. Prop. 36 doesn’t change the laws that regulate marijuana use or possession, just the ways that one can be sentenced as a result of violating those laws.

Proposition 36 sentencing requires an individual to undergo drug treatment for up to one year (and possibly up to two years in extraordinary situations). Depending on the facts of the case, on the individual offender and on the judge, treatment will vary, but may consist of drug education or prevention courses, outpatient therapy, inpatient or residential drug rehabilitation or taking residence in a sober livingenvironment. Severe dependence and relapse issues will be considered by the court when deciding which type of treatment would most benefit the accused.

Proposition 36 is quite limited with respect to which offenses will qualify. Those accused of manufacturing, producing and/or selling marijuana are specifically prohibited from receiving this type of sentencing relief. However, even if an individual is charged with one of these (or one of the many other offenses that are not included in a Prop. 36 treatment program), an experienced marijuana defense lawyer may be able to arrange it so that his or her client pleads down to a lesser charge that will qualify for treatment. This is one of the reasons why it is so important for an individual accused of a marijuana-related offense to consult with a top criminal attorney who knows what types of charges he or she should be asking for when involved in plea negotiations with the prosecution.

Proposition 36 has an advantage over a drug diversion sentence in that a guilty plea is not a prerequisite to participate. However, if there is a conviction, it will remain on one’s record while in treatment and its dismissal upon completion of the program isn’t guaranteed.

A savvy, knowledgeable attorney from the Kavinoky Law Firm will explain all of the intricacies involved in a Proposition 36 sentence to an individual who may qualify for it, including the eligibility requirements and the advantages and disadvantages of pursuing this type of treatment before seeking it as an alternative to jail or prison. The firm has an in-depth knowledge about the different sentencing options available to their clients charged with marijuana offenses and will do their best to ensure that a client receives the option that best serves his or her needs. For the most trusted legal advice and to learn more about Prop. 36, contact The Kavinoky Law Firm today for a free consultation.

Personal possession of marijuana – lack of knowledge

Personal possession may be charged as either a misdemeanor or a felony in California, depending on how much marijuana the accused possessed and depending on the type of marijuana drug that the accused possessed. While it is considered a much less serious offense than possession of marijuana for sale, it still carries stiff penalties. When arrested on a possession charge, it is critical that the accused contacts a criminal defense lawyer who specializes in California marijuana defense in order to secure the best representation.

Lack of knowledge provides a defense to a personal possession charge that an inexperienced attorney may not fully understand or know how to effectively articulate for a judge and jury. “Possession,” by definition, necessarily implies knowledge – in other words, a person cannot be convicted of possessing anything without the knowledge that he or she is doing so. With respect to a drug possession case, it is necessary that the accused has control over the marijuana, has knowledge of its presence and has knowledge about its narcotic character. If either of those knowledge issues can be effectively called into question, the accused should not be convicted.

Lack of knowledge about marijuana’s presence is one defense. This type of defense would most likely arise if marijuana was found in a location other than on the body of the accused. For example, if marijuana was found in a person’s car or inside his or her home, it could be argued that somebody other than the owner of the car or home (be it a friend, roommate, family member or other acquaintance) had previously left it there, unbeknownst to him or her. This defense could also apply in a situation where the accused was “framed” by another due to anger, revenge, fear of being “caught” or some other motive. Depending on the particular motive, the true culprit could “tip off” the police and hope that the accused would suffer the consequences of a possession charge. Incidentally, whether or not the police would be required to disclose the identity of the informer presents another legal issue that an experienced attorney would be prepared and qualified to handle.

Lack of knowledge about the narcotic character of marijuana can also be a defense to a possession of marijuana charge. It should be noted that both types of knowledge may be proven using circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it). With respect to marijuana’s narcotic character, this fact may be easily proven by the prosecution if the accused has a history of possession or other drug related charges or if he or she made any statements at the time of arrest that indicated he or she knew that marijuana was an illegal drug. Without this type of history or without incriminating statements, this element will be more difficult for the prosecution to prove and easier for a defense attorney to challenge.

Lack of knowledge is only one defense out of several that may be applicable to a personal possession of marijuana case. The outstanding criminal attorneys at The Kavinoky Law Firm critically review every case that they receive in an effort to uncover as many defenses as they can that will apply to their clients’ cases. Because they focus on and stay on top of California’s drug laws, they know which defenses will most likely persuade a judge and jury to acquit their clients and which will not. With law offices throughout California, including several in Los Angeles, they are conveniently located for anyone in need of an aggressive, passionate and skilled California defense attorney. For unsurpassed legal advice and the best representation, contact them today for a free consultation.

Heroin Charges and Prior Convictions

California heroin charges are felonies that carry substantial prison time, and the addition of factors called sentencing enhancements can add years to your punishment. Prior drug convictions are one factor that can be used to enhance your sentence in a California drug case.

Because the consequences of a California heroin conviction with a sentence enhancement for prior convictions are so severe, it’s critical to aggressively defend yourself against these charges. California drug lawyers from The Kavinoky Law Firm will use proven defense strategies to fight your California heroin charge and protect your rights.

You cannot be punished for any sentencing enhancement if the prosecutor cannot convict you of the underlying drug charge.

These are the sentencing enhancements for prior convictions that can be filed in a California heroin case:

Code Section Enhancement Punishment 11370a New 11350, 11351, 11352, 11353, 11355 with any prior narcotics felony conviction No probation, judge has discretion 11370.2a New 11351, 11352, 11380.5 with prior 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5 or 11383 Add three years for each prior conviction PC 1203.07(a)(3) Any new sale (11352) or possession for sale (11351) with prior sale or possession for sale No probation, no discretion 11352.5 Any new sale or possession for sale with prior sale or possession for sale Fine of up to $50,000 PC 667.5b Each prior prison commitment (unless defendant has remained free of prison and further felony conviction) For each prior prison commitment, add one year 11366.5c Prior 11366.5a with new 11366.5a 2-3-4

Prior convictions can add years to your prison sentence in a California heroin case, so you need a drug defense lawyer with the skills needed to aggressively fight both your drug charge and your sentencing enhancement. Skillful and knowledgable California drug lawyers from The Kavinoky Law Firm will are ready to review your case and start building a strong defense strategy. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Heroin Charges and Firearms

A California heroin conviction comes with extremely harsh repercussions, and the addition of factors called sentencing enhancements can add years to your punishment. The allegation that you used a firearm or even had access to a gun is one possible sentencing enhancement in a California heroin case.

If you’re accused of a California heroin offense with a firearm enhancement, you need California criminal defense attorneys who will aggressively challenge these charges. A knowledgeable California drug lawyer from The Kavinoky Law Firm will take all necessary steps to protect you from the serious consequences of a heroin charge and a firearms enhancement.

A sentencing enhancement must be proven beyond a reasonable doubt, just like the underlying drug charge, or you cannot receive additional punishment. Also, you cannot be punished for a firearms enhancement or any other sentencing enhancement if you aren’t convicted of the underlying drug offense.

These are the firearms sentencing enhancements that can be filed in a California heroin case:

Code Section Enhancement Sentence 11550e Under the influence while in personal possession (including in passenger compartment of vehicle) of loaded, operable firearm Misdemeanor or 16-2-3 11370.1 Under the influence while armed (available for offense or defense) of a loaded, operable firearm 2-3-4
No diversion,
PC 12022c 11351 or 11352 (or attempt) while personally armed (available for offense/defense) with a firearm (loaded or unloaded, operable or inoperable) Full consecutive 3-4-5 OR PC 12022a Armed with a firearm (loaded or unloaded) in the commission of any felony Add one year

The allegation of possessing or using a gun or firearm during the commission of a California heroin offense can add years to your prison sentence if proven, so it’s essential to mount an aggressive defense to both the underlying drug charge and the sentence enhancement. To learn more about effective defenses to California heroin charges and gun enhancements, please contact experienced California criminal defense attorneys from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

There are many laws in California that regulate the use, distribution, cultivation and transportation of marijuana and violating those laws can result in severe sanctions. When an individual is accused of any marijuana-related offense, he or she should immediately contact a skilled attorney who routinely practices California drug defense and who therefore knows all of the ways to have his or her client’s case either reduced or dismissed.

One such law deals with concealing marijuana in a false compartment, which, depending on the circumstances, may be prosecuted as either a misdemeanor or as a felony. Every person who possesses, uses, or controls a false compartment with the intent to store, conceal, smuggle, or transport marijuana within the false compartment faces either a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by imprisonment in the state prison. Whether the crime is filed as a misdemeanor or as a felony will depend primarily on the circumstances that surrounded the charged incident, which will be analyzed by the prosecutor. A savvy, persuasive defense attorney is therefore the key to ensuring that the offense is prosecuted as a misdemeanor.

Every person who designs, constructs, builds, alters, or fabricates a false compartment for or installs or attaches a false compartment to a vehicle with the intent to store, conceal, smuggle, or transport marijuana faces a felony, punishable by 16 months or two or three years in the state prison.

A “false compartment” is a space in a vehicle that is neither designed nor intended for the storage or transportation of personal items, but is nevertheless used to conceal marijuana. The term “false compartment” refers to any box, container, space, or enclosure that is intended for use or designed for use to conceal, hide, or otherwise prevent the discovery of marijuana within or attached to a vehicle, including, but not limited to, any of the following: false, altered, or modified fuel tanks, original factory equipment of a vehicle that is modified, altered, or changed or a compartment, space, or box that is added to, fabricated, made or created from existing compartments, spaces or boxes within a vehicle. There is no requirement that there actually be any modification to the physical configuration of the space, only that it is used to store or transport marijuana. It should be noted that a “vehicle” refers to any type of vehicle, regardless of whether it is privately or commercially owned, and may include a car, truck, bus, airplane, boat, ship, yacht or any other vessel.

California prosecutors are eager to charge an individual accused of participating in any illegal activity that deals with marijuana with as many offenses as they can. This means that an individual who is accused of committing this crime will likely additionally be charged with one or more of the following: possession of marijuana, possession of marijuana for sale and transporting marijuana. Only an experienced criminal defense lawyer who specializes in this area of the law will know when multiple charges are impermissible and the most convincing arguments to persuade a judge accordingly.

California Marijuana and Drug Defense Lawyer

The exceptional criminal attorneys at The Kavinoky Law Firm have mastered the laws that relate to California’s marijuana offenses, which include the many defenses that are applicable to these crimes. They are dedicated to protecting the rights of their clients and know what it takes to win. These outstanding attorneys are conveniently located for anyone in need of a skilled California drug crime defense attorney, maintaining several Los Angeles law offices and a host of others throughout the state. To speak with an attorney about a marijuana charge, for the most trusted legal advice or for unparalleled representation, contact them today for a free consultation.

Diversion

Diversion requires the accused to enter a plea of guilty to the charge, but the accused is NOT sentenced. (Remember, nothing is final in criminal cases until the defendant is sentenced.) The accused must then undergo the diversion program, which is a series of classes. Drug testing is random, and a “dirty” test can create new legal problems, most seriously that the accused has already entered a guilty plea and can be sentenced on that plea.

There are certain eligibility requirements that must be met before the defendant can be placed on Diversion. Again, the assistance of a knowledgeable criminal defense lawyer is important, to ensure that this option is made available if the accused qualifies.

If diversion is successfully completed, the case is dismissed, and the defendant can truthfully answer that they were not convicted of that crime.

Whether Diversion is better for a person than Drug Court or Proposition 36 is a complicated question that varies from case to case. This is an important issue, since a defendant may be eligible for one or more of these programs. If you have been arrested for a drug-related offense, you should consult a California DUI and drug lawyer right away.

If you or someone you care about has a problem with alcohol or drugs, and wants help, please contact our office at once. We can help.

Property that is forfeitable

Any California offense that involves marijuana or other drugs subjects the accused to asset forfeiture. Asset forfeiture is a term used to describe the confiscation of property, by the government, which were either proceeds of crime or were the instrumentalities of a crime. “Instrumentalities” of a crime are property that was used or intended to be used to facilitate a crime, for example cars used to transport marijuana. In order to seize property, the government must show, based only on a “reasonable” connection, that the property is linked to illegal activity. It is fairly easy for the government to make this connection, and one doesn’t even need to be convicted (or even charged) with an actual crime before he or she may be subject to these proceedings. There are a number of different types of asset forfeiture proceedings (non-judicial, civil and criminal), all with their own rules and complex issues, which is why it is so important for an individual who has been accused of a marijuana-related offense to immediately contact the skilled California criminal defense lawyers at The Kavinoky Law Firm who are dedicated to protecting their client’s rights and property.

To fully understand asset forfeiture proceedings, one must first understand what property is subject to government forfeiture. Forfeiture laws apply to any property that can be linked to an illegal substance. Property is forfeitable that is “per se” illegal, which includes marijuana or any other controlled substances that are illegally possessed, transferred, sold or offered for sale and any dangerous, toxic or hazardous raw materials or their products or containers.

Property that is forfeitable with respect to marijuana use also includes cars, boats, airplanes or any other vehicles that were used or were intended to be used to transport marijuana, or equipment or any other materials that are/were used to manufacture, produce, import, deliver, export, sell or use the drug. Property also includes any of the equipment (including paraphernalia) or other materials that were involved in the offense.

Asset forfeiture also applies to any books, research materials, personal records, tapes, videos, etc. that contain information that was used or was intended to be used in connection with any marijuana-related offense. Any money, stocks or any other thing of value that was furnished or was intended to be furnished or that was received or intended to be received in exchange for any marijuana may also be seized and subject to these proceedings, if the government can simply “reasonably” trace the money or other thing of value to the transaction. On that note, any property that was purchased with that money is also forfeitable.

Forfeiture, relating to marijuana, also includes real property (houses, buildings, or facilities) if the illegal activity took place on those premises, under certain conditions. If one’s home is either occupied by others who were not involved in the criminal activity or also acts as a family residence, the property may not be subject to forfeiture, if an experienced criminal attorney can make a convincing argument that such is the case.

This article is by no means an exclusive list of all of the property that may be forfeited by the government, but is an example of the most commonly seized types of property subject to forfeiture when marijuana-related activities are involved. The best way to defeat an asset forfeiture and to protect one’s property is to contact one of the knowledgeable, well-qualified attorneys from The Kavinoky Law Firm. They have mastered this area of the law, specifically as it pertains to drug offenses, and know the most compelling arguments and evidence to present to convince the government that their client’s property shouldn’t be subject to forfeiture. To learn more, contact these outstanding attorneys today for a free consultation.