Registered Narcotics Offenders

Under California Health and Safety Code section 11590, anyone convicted of certain drug offenses is required to register as a narcotics offender. This is a confusing requirement to many California drug and narcotic offenders. Skilled California drug lawyers from The Kavinoky Law Firm can answer any questions you have about the requirement to register as a narcotics offender.

Anyone required to register as a narcotics offender under H&S 11590 must report to their local police station within 30 days of moving to a new area. The police will photograph and fingerprint you. You’re required to re-register any time you move. This requirement will remain in place for five years after your discharge from prison, jail or probation. Failure to register as a narcotics offender is a misdemeanor under H&S 11594.

Anyone convicted of the following California Health and Safety Code sections is required to register. 11350, 11351, 11351.5, 11352, 11353, 11353.5,
11353.7, 11354, 11355, 11357, 11358, 11359, 11360, 11361, 11363,
11366, 11366.5, 11366.6, 11368, 11370.1, 11378, 11378.5, 11379,
11379.5, 11379.6, 11380, 11380.5, 11383, or 11550, or subdivision (a)
of section 11377.

One way to avoid the requirement that you register as a narcotics offender is to obtain alternative sentencing that allows you to avoid a criminal record if you successfully complete a program. Another way is to enter a plea bargain that allows you to plead guilty to an offense that doesn’t require narcotics offender registration.

Of course, the best way to avoid the requirement of registering as a narcotics offender is to avoid getting convicted of a California drug offense in the first place. A skilled California drug lawyer from The Kavinoky Law Firm is well-versed in the latest defense strategies against narcotics charges. Please contact knowledgeable California drug lawyers today at 1.800.NO.CUFFS for a free consultation or fill out the following Free Drug Case Evaluation.

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.

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.

Crack and Base Cocaine Charges

Unfortunately, California is like many states and the federal government in that it treats crack cocaine offenses far more harshly than powder cocaine. Despite repeated calls for sentencing reform, California continues to mete out unfairly severe punishment to crack or base cocaine offenders.

If you’re charged with a California crack or base cocaine charge, you face extremely serious consequences, and you need a knowledgeable defense lawyer with the skills to aggressively fight your drug charge. An experienced California drug lawyer from The Kavinoky Law Firm has the legal knowledge you need to fiercely fight for your rights and your freedom.

Crack cocaine and base are Schedule I drugs under California Health & Safety Code section 11054 (f) (1)). Crack and base cocaine are illegal to use, possess, sell, possess to sell, manufacture or process, etc. A conviction for these offenses will likely bring prison time and other serious repercussions.

In addition to the underlying charges that can be brought in a California crack or cocaine base case, there are a number of sentencing enhancements that, if proven, can add years to your prison sentence. Possible sentencing enhancements in crack cocaine cases include weight enhancements, prior convictions, guns and firearms, location of crime, and minors.

Fortunately, an experienced California defense attorney can help you aggressively fight your crack and base cocaine charge. One possible defense strategy in a California crack cocaine case is a motion to suppress evidence. Sometimes police don’t follow proper procedures when gathering evidence in drug cases, and if so, it may be suppressed.

You may be eligible for alternative sentencing in your California crack cocaine case that allows you to avoid some or all of a jail or prison sentence. Possible sentencing alternatives in some California drug cases include a deferred entry of judgment (DEJ), Proposition 36, or drug court.

A California crack or base cocaine charge carries enormous consequences, so it’s imperative to have a knowledgeable drug defense lawyer fighting for your freedom. Skilled California defense attorneys from The Kavinoky Law Firm are ready to review your cocaine case and help you determine your next step. Please contact us today for a free consultation.

Heroin Weight Enhancements

A California heroin conviction can be punishable by years in prison, and factors called sentencing enhancements can add substantially to that punishment. One possible sentencing enhancement in a California heroin case is a weight enhancement.

If you’re facing California heroin drug charges, with or without a weight enhancement, a skilled defense lawyer can craft an aggressive defense strategy designed to protect you against substantial consequences. An experienced California defense attorneys from The Kavinoky Law Firm has the skills needed to fight for your rights and your freedom in your heroin case.

You can’t be punished for a weight enhancement or any other type of sentencing enhancement if you aren’t convicted of the underlying drug charge. Also, the prosecutor must prove your guilt in the weight enhancement beyond a reasonable doubt — just like the underlying heroin drug charge — for you to receive additional punishment.

These are the weight enhancements that can be included in a California heroin prosecution:

Code Section Enhancement Punishment 11352.5 If 14.25 grams or more of substance containing heroin and 11351 or 11352 Add fine of up to $50,000 PC 1203.07(a)(1),(2) If 14.25 grams or more of substance containing heroin and 11351 or 11352 No probation, no 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

Your California defense attorneys will do everything possible to defend you against the allegation of a weight enhancement in a heroin prosecution. One possible defense tactic is a motion to suppress evidence. If police didn’t follow the proper protocol when collecting evidence against you, it may be excluded.

If you’re facing a California heroin charges with a weight enhancement, it’s imperative to mount a strong defense designed to protect your rights and your freedom. A skilled California drug lawyer from The Kavinoky Law Firm has proven tactics to challenge a heroin charge and will do everything possible to protect you from the substantial consequences of a heroin charge. Please contact us today at 1.800.NO.CUFFS for a free consultation.

California Marijuana Law – money associated with unlawful transactions

When charged with a marijuana-related offense in California, the accused faces losing everything – his or her freedom, his or her job, his or her family, his or her home, his or her business and any profits that were involved in an alleged sale. In order to best avoid these harsh possibilities from becoming one’s reality, it is absolutely necessary that an individual accused of any illegal activity that involves marijuana immediately contacts a California drug crime defense attorney who knows the most effective ways to beat the charge.

An individual who possesses any money or negotiable instruments (checks, for example) in excess of $100,000, which was obtained as the result of the sale (or an offer to sell), possession for sale, transportation, manufacture (or an offer to manufacture) marijuana or, with the knowledge that the money or negotiable instrument was so obtained faces either a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by two, three or four years in the state prison. This same penalty applies to anyone who possesses any money or negotiable instrument in excess of $100,000 who intends to purchase marijuana and who commits an act in substantial furtherance of the purchase. When considering whether the accused is guilty of this offense, the judge or jury may consider (among other things) the defendant’s employment, expert testimony and the existence of any receipts showing proof of the sale.

An individual who knowingly participates in a transaction that involves proceeds that are known to be derived from a marijuana-related offense with the intent to conceal or disguise or aid in concealing or disguising the nature, location, ownership, control or source of the proceeds faces a misdemeanor, punishable by up to one year in jail or a felony, punishable by two, three or four years in prison and a maximum fine of $250,000 or twice the value of the proceeds involved in the violation, whichever is greater.

Any money that is associated with an unlawful transaction involving marijuana will be forfeited to the state. This consists of anything of value given or intended to be given in exchange for marijuana and includes all the proceeds that are traceable to such an exchange, so long as the offense involves manufacturing, selling, possessing for sale, offering for sale, offering to manufacture or conspiring to commit at least one of these offenses if the exchange, violation or other conduct occurred within five years of the seizure of the property, the filing of the criminal charge or the issuance of an order to forfeit the money, whichever came first.

It should be noted that this law authorizes the forfeiture of only those proceeds that are directly traceable to a specific exchange for marijuana. Similarly, only the money that is directly traceable to the exchange or violation (plus any accrued interest on that money) will be seized, even if commingled with other “clean” money.

California Marijuana and Drug Defense Lawyer

The unparalleled criminal attorneys at The Kavinoky Law Firm specialize in California drug crime defense and know what it takes to win. They have mastered all of the laws that apply to marijuana in California, know the many defenses that are applicable to these offenses and, most importantly, know how to effectively apply them in ways that convince judges and jurors that their clients have been victimized by overzealous law enforcement officials and prosecutors. With several law offices in Los Angeles and throughout the state, they are conveniently located for anyone in need of an experienced California criminal defense lawyer who is well equipped to present nothing short of a vigorous and aggressive defense. For the most trusted legal advice and the best representation, contact them today for a free consultation.