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.

California Marijuana Laws – Possession of marijuana for personal use – medical marijuana

Possession of marijuana for personal use is prohibited by law and includes possession of any concentrated cannabis, possession of more than one ounce of marijuana (other than concentrated cannabis) or possession of less than one ounce of marijuana (other than concentrated cannabis). The first scenario may result in misdemeanor or felony prosecution, the second and third only in misdemeanor prosecution. Patients who need marijuana for medical reasons (who have a doctor’s approval for using the drug) are supposed to be exempt from this law, however overzealous law enforcement are quick to arrest anyone having anything to do with marijuana use or possession. As a result, an individual who is arrested for possession (who believes that he or she is legitimately authorized to use it for medicinal purposes) must contact an experienced California drug defense attorney who is knowledgeable with respect to a medical marijuana defense.

Medical marijuana use is regulated by The Compassionate Use Act and by Senate Bill 420. The Compassionate Use Act states that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. These patients are known as “qualified patients” and are not supposed to be arrested for possession or cultivation of marijuana. Senate Bill 420 defines patients with identification cards as those who hold a card issued by the State Department of Health Services which identifies that individual as a person authorized to engage in the medical use of marijuana.

An individual who meets either of these requirements should not, unless there are other circumstances that would warrant prosecution, be held criminally liable for marijuana use or activity under California’s current personal possession laws, possession of marijuana for sale laws, cultivation laws, transportation laws or those laws that deal with unlawful places and activities. However, as previously stated, medical marijuana use isn’t always recognized by the police and, as a result, people are frequently arrested for possessing marijuana and must turn to a skilled attorney for help.

It must be noted that just because an individual is permitted to use marijuana for medical purposes, this defense will not apply if he or she used the marijuana where smoking is prohibited by law, within 1,000 feet of a school, recreation center or youth center unless the use was within a residence, on a school bus, in a car that was being operated (even if the accused was only the passenger) or while operating a boat.

Medical marijuana use is a defense that only a practiced criminal attorney should employ, at its requirements are technical and specific. The outstanding attorneys at The Kavinoky Law Firm specialize in California drug crime defense and know how to effectively apply a medical marijuana use defense under the appropriate circumstances. Through their savvy negotiation skills and based on their excellent and trustworthy reputation with state and local prosecutors, they are able to quickly resolve these types of cases in the pre-trial stages, helping their clients avoid trials where possible. With law offices located throughout California, including several in Los Angeles, they are easily accessible to anyone in need of a top defense attorney who has mastered everything related to California’s drug laws and their defenses. For unsurpassed representation and for the most trusted legal advice, contact The Kavinoky Law Firm today for a free consultation.

Prior Convictions and California Methamphetamine Cases

If you’ve been arrested for a California methamphetamine charge, the prosecutor may add factors called sentencing enhancements that can add substantially to your methamphetamine sentence if convicted.

One possible sentence enhancement in a California meth case is for prior convictions. If you’re facing a repeat-offense California methamphetamine charge, skilled California defense lawyers from The Kavinoky Law Firm may be able to help you avoid some of all of the consequences you face.

Under California Health & Safety Code section 11370.2b,c, you can be sentenced to an additional three years in prison for each prior methamphetamine conviction if you are convicted of H&S 11378 (possession for sale), 11379 (sale), 11379.6 (manufacture), 11380.5 (offenses in public parks or beaches), 11383 (possession of chemicals with intent to manufacture) with prior 11351 (possession with intent to sell), 11351.5 (possession of cocaine base), 11352 (transport, import, furnish, etc.), 11378.5, 11379.5. 11379.6, or 11380.

Under California Penal Code section 1203.07(a)(11), if you have a prior conviction for H&S 11378 (possession for sale) or 11379 (sale) and are charged with either of these offenses again, you cannot receive probation. The judge has no discretion in this matter.

Under California Penal Code section 1203.073 b8, a prior conviction for H&S 11378, 11379, 11379.6, 11380, 11382, or 11383 means that you cannot receive probation for a new conviction of 11379.6, 11382, or 11383. However, the judge has discretion in this matter.

California Penal Code section 667.5b dictates that you can receive an additional year for a methamphetamine conviction for each prior prison sentence. However, this additional time cannot be imposed if you avoided additional felony convictions or incarceration for five years after being released from prison.

Under California H&S 11366.5c, if you’re convicted of 11366.5a (managing a place for manufacture, storage and/or distribution of a controlled substance and have a prior conviction for the same charge, you can be sentenced to an additional two, three or four years in prison.

Prior drug convictions in California methamphetamine cases can add years to your sentence, so it’s up to your California defense attorney to aggressively fight both the underlying drug charge and any sentencing enhancements.

To learn more about aggressive defenses to methamphetamine charges, please contact experienced California criminal defense lawyers from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Heroin Charges

Heroin is a Schedule I drug under California Health and Safety code section H & S 11054 (c) (11)), and it is illegal to use, sell, possess to sell, and manufacture or process in California. Violations of these laws are felonies that carry significant prison time and other penalties.

If you’re facing a California heroin charge, it’s essential to have experienced California drug defense attorneys on your team fighting for your freedom. An experienced California drug lawyer from The Kavinoky Law Firm has the skills and knowledge needed to aggressively fight your heroin charge and ensure that your rights are protected.

California has determinate sentencing laws that spell out three possible prison terms for felony offenses — the lower, the middle and the upper term — expressed in months or years. The judge determines the sentence based on information such as aggravating and mitigating factors — issues that prompt the court to treat you more harshly or leniently.

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

Code Section Charge Sentence 11350 Possession 16-2-3 11351 Possession for sale 2-3-4 11352 Sale (transport, import, furnish, administer, give away or offers) 3-4-5 11379.6 Manufacture (process, prepare, etc.) 3-5-7 plus $50,000 11355 Agrees to sell, then sells another substance in lieu of Misdemeanor or 16-2-3 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 heroin (controlled substance) (i.e. substantially similar chemical structure or effect 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 B & P 4140 Possession of a hypodermic needle or syringe

The consequences of a heroin conviction can be extremely harsh, but it’s possible to fight these charges and win with the help of skilled California drug defense attorneys. The Kavinoky Law Firm will provide an experienced California drug lawyer that will take every step possible to protect you from the serious repercussions of a heroin conviction. To learn more, please contact us today at 1-800-NO-CUFFSfor a free consultation.

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

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

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

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

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

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

California Marijuana and Drug Defense Lawyer

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