California PCP charges are extremely serious, and there are a number of sentencing enhancements that can substantially increase your potential punishment. One possible sentencing enhancement that can be filed against you in a California PCP case is for prior convictions.

You can’t be punished for any type of sentencing enhancement, including prior convictions, unless you’re convicted of the underlying drug charges.

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

Code Section Enhancement Punishment 11370.2.b New 182.1, 11378.5, 11379.5, 11379.6, 11380.5 or 11383 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 667.5b For each prior prison commitment
(unless after release the defendant remained free of both prison and felony convictions for five years)

Add one year
11366.5c Prior 11366.5a with new 11366.5a 2-3-4

In addition to sentencing enhancements for priors, the prosecutor in a California PCP case can also file enhancements for weight, firearms, locations and minors.

A California PCP case with sentencing enhancements for prior convictions can result in years in prison, so it’s critical to mount an aggressive defense to these charges. Knowledgeable California drug lawyers from The Kavinoky Law Firm will do everything possible to help you avoid the substantial repercussions of a PCP charge. Please contact a skilled California drug attorney 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.

 

California Methamphetamine Lawyers

Methamphetamine — also known as meth, ice, crystal, crank, and dozens of other names — is one of the most addictive and abused drugs in the United States, and thousands of individuals are arrested and charged with using, possessing, selling and manufacturing it each year. Those who are convicted of a California methamphetamine charge can be punished with jail or prison and other repercussions.

Fortunately, it’s possible to fight a meth charge. If you’re facing a California methamphetamine charge, an experienced defense lawyer from The Kavinoky Law Firm is ready to review your case and begin working on an aggressive defense strategy.

Methamphetamine is a Schedule II drug under California Health & Safety Code section 11055 (d) (2). Under California law, using, possessing, selling, manufacturing, and possessing methamphetamine for sale are all against the law. There are numerous charges that can be brought in a California methamphetamine case.

If you were arrested on suspicion of manufacturing methamphetamine, you can also be charged with operating a clandestine lab. In addition to the substantial criminal repercussions that can be imposed after a conviction for running a clandestine lab, which include incarceration and heavy fines, you can also be forced to pay the costs of cleaning up the lab.

In addition, there are numerous sentencing enhancements that can significantly increase your punishment in a California methamphetamine case. These sentencing enhancements involve weight enhancements, prior convictions, firearms, locations, and minors. If the prosecutor proves both the underlying charge and the sentencing enhancement, these additional allegations can add years to a prison sentence in a California meth case.

Fortunately, it’s possible to mount an aggressive defense to a California methamphetamine charge. Your California defense lawyer will thoroughly analyze the case against you and explore the appropriate challenges, which may include a motion to suppress the evidence.

In some cases, your defense lawyer will involve a qualified substance abuse expert to determine whether untreated addiction may have contributed to your behavior. A recommendation from a substance abuse expert can lead to alternative sentencing such as a deferred entry of judgment, Prop. 36, or drug court.

A California methamphetamine charge carries extremely harsh repercussions, but it’s possible to aggressively fight the charges and obtain a favorable outcome. For answers to all of your questions about California meth laws and charges, please contact an experienced defense lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Criminal forfeiture proceedings are a type of asset forfeiture proceeding that may be initiated against an individual who was involved in illegal marijuana-related activities. Asset forfeiture refers to the process by which the government seizes one’s property (without compensation) when it believes that the property was either used to aid in a criminal activity or was a profit from the illegal activity. Because the laws that regulate asset forfeiture are complex, defending a forfeiture action requires the skill and experience of an attorney who has truly mastered this area of the law.

Criminal forfeiture proceedings may be initiated against an individual in the district in which his or her alleged criminal activity took place. This means that property located outside the United States may still be subject to forfeiture under a criminal proceeding. A Criminal forfeiture will be a part of a convicted defendant’s sentence for certain crimes – as a result, one is only subject to this type of proceeding if he or she has been convicted for the charged offense.

Criminal forfeiture must first be authorized by federal law. If it is, it includes property that was wrongfully used or acquired during the offense for which the defendant was convicted and only applies to property in which he or she has an ownership – but not necessarily an exclusive – interest. This may apply to all types of real property (houses, buildings, etc. and any items – such as marijuana plants – that are growing on, affixed to or found on the land) and all types of personal property (including rights, privileges and interests or claims in stocks, etc.). The government may criminally forfeit property that was involved in or was a profit from the charged offense and may also forfeit any property that it can directly trace back to the illegal activity. It must be noted that simply because an individual has used or transferred his or her profits, proceeds or other property before his or her conviction, it will not prevent the government from reaching and forfeiting the full value of the illegal property, as it can collect the money from any assets still owned by the defendant.

Marijuana and other drug offenses are additionally regulated by their own specific statutes, which is why it is so important for an individual who may be subject to this type of proceeding to retain the legal services of an experienced lawyer. With respect to certain felony marijuana offenses, it is presumed that the government may forfeit property that it declares “drug proceeds” if it can prove by a “preponderance of the evidence” (which means that it was more likely than not) that the property was acquired during the period of the felony violation or within a reasonable time thereafter and that there was no likely source for that property other than the felony violation. In addition, any property that was either used or intended to be used in any manner to commit or aid in the commission of the underlying felony marijuana offense is also subject to criminal forfeiture. This is one area where criminal forfeiture is broader than civil judicial forfeiture proceedings, as there are more limited restrictions on what type of property may be forfeited under civil law.

Depending on which laws regulate the forfeiture proceedings, the government may be held to a preponderance of the evidence standard or a “reasonable doubt” standard – the highest under the law. As a result, it is critical that a savvy criminal attorney represents the accused who understands these different burdens of proof. In addition, if an individual has his or her assets seized, he or she may wish to appeal the decision, which also requires the assistance of a knowledgeable attorney. The exceptional attorneys at The Kavinoky Law Firm are here to help. They receive on-going training and education with respect to this specific area of the law and how it relates to their client’s marijuana cases, enabling them to effectively defend against an asset forfeiture proceeding. Contact them today for a free consultation and for unparalleled legal advice.

Drug rehabilitation

When charged with certain non-violent marijuana offenses that indicate that the accused could suffer from a drug addiction (such as possession of marijuana for personal use vs. possession of marijuana for sale), there may be ways for that individual to escape a jail or prison sentence by participating in a drug treatment program instead. The key to securing this type of alternative sentencing option is to hire a California criminal defense lawyer who specializes in marijuana defense and who therefore knows which offenses qualify for alternative sentencing and, more importantly, how to persuade a judge that this type of sentencing will better serve his or her client, the court system and society as a whole.

Drug rehabilitation is authorized by California’s Penal Code and allows an eligible individual to receive credit for anytime he or she spends in a rehabilitation facility against his or her jail/prison sentence and fine. The stay will be credited against the jail or prison sentence day for day, and if the stay exceeds the sentence that would have otherwise been imposed, the accused will receive at least $30 per day of credit towards the fine, based on the discretion of the court. Because those who qualify are typically viewed as having an addiction (which is considered a health issue and not simply a criminal issue), one’s stay in a drug rehabilitation facility may even be covered by one’s health insurance.

Rehabilitation may be ordered pursuant to a Proposition 36 sentence, as a part of a diversion sentence or in the form of sober living. There are differences, advantages and disadvantages that exist among all of these alternative sentencing options and only a skilled marijuana criminal attorney is qualified to explain them and to help his or her decide which type of program best serves his or her individual needs and goals.

Drug rehabilitation programs may be outpatient or residential, but only a live-in program will qualify for jail or prison credit (as opposed to, for example, weekly attendance at a 12-step program). Residential programs are often one of the most successful treatments for marijuana addiction, as the residents are removed from their otherwise tempting environment and from the pressures that may lead them to “get high,” allowing them to completely focus on their addiction. Many incorrectly believe that marijuana is a drug that one cannot become addicted to, however, those who have habitually used marijuana for a while form both physical and lifestyle addictions to the drug – addictions that a savvy attorney can convince the court that a live-in rehabilitation facility will better be able to address than any type of services that are offered in a county jail or state prison.

Typical live-in rehabilitation facilities offer a variety of programs, including individual and group counseling, education and 12-step programs. Residents are usually not allowed to leave the facility, as the treatment that takes place is intense and very closely supervised.

The outstanding, trusted and compassionate attorneys at The Kavinoky Law Firm focus on California marijuana defense and have mastered everything related to this area of the law. They are well versed in all of the alternative sentencing options that are available to those charged with certain marijuana offenses and will do their best to successfully negotiate plea bargains for their clients that include this type of sentencing, even if the original charged offense was one that is ineligible. They know and, more importantly, are able to articulate to judges and prosecutors why a rehabilitation program will give their clients a better chance of not repeating their same mistakes and why such a program will make them more productive, sober members of society. In order to secure the best representation from a firm that is dedicated to protecting the rights of their clients, contact The Kavinoky Law Firm today for a free consultation.

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.

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 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.