Category: Drug Crimes

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California Money Laundering

Posted by Kyle Gaffney on April 11, 2018

Since AMC’s premier of Breaking Bad, many people have became intrigued with the criminal world and how criminal enterprises logistically function. Disguising their obscene wealth becomes a significant factor for the characters, and they purchase a car wash to use as a filter for their money. Their actions exemplify California Money Laundering at its most basic. The criminals use an intermediary to conceal the source of criminal funds in order to appear legitimate, thereby avoiding suspicion from law enforcement officials.

California law describes two distinct forms of money laundering. California State Penal Code 186.10 defines money laundering related to any type of crime. California State Health and Safety Code 11370.9 concerns money earned from drug crimes.

An example of money laundering under California State Penal Code 186.10 involves a married couple. The husband runs an illegal gambling ring on the weekends and brings home an average of $5,000 every week. During the week his wife consistently deposits the cash into their joint banking account. Although she never takes part in the illegal activity, she knows where the money came from. This is enough to convict a person of money laundering.

An example of money laundering under California State Health and Safety Code 11370.9 involves a successful drug dealer. Throughout the month he makes $30,000 by selling black tar heroin and cocaine. He uses the cash from drug sales to stock the registers of a fleet of food trucks that he owns. He uses the food trucks to conceal the source of the drug money, and thus can be convicted of money laundering.

The prosecution must prove three elements of the crime in order to convict someone of money laundering in the State of California.

The individual conducted or attempted to conduct a transaction through a financial institution.
The transaction met the minimum amount of money required by California state law.
- $5,000 over a 7-Day period or $25,000 over a 30 day period

The individual took part in the financial transactions to promote illegal activity.

The State of California can convict people of money laundering whether or not they were involved with the other illegal activities that generated the funds.

California law considers both forms of money laundering as wobblers. meaning the prosecution may pursue misdemeanor or felony charges for money laundering. The charges depend on the defendant’s criminal history as well as on the facts of the case.

Misdemeanor penalties can include jail time of up to one year, and fines of up to $1,000.

Felony penalties include jail sentences of from 16 months to four years, and fines of up to $250,000, or twice the amount of money laundered, whichever sum is greater.

History of Money Laundering

Al Capone arguably ran the most successful organized crime ring in the United States during the prohibition era. Although he earned upwards of 100 million dollars annually through bootlegging, extortion, prostitution, and illegal gambling, the authorities could not find the money. Capone invested in cash-only laundromats as a way to obscure the source of his financial gains, thereby coining the phrase “money laundering.”

Currently, the term refers to any process that “cleans” criminally attained funds of their illicit origins. This process allows the funds to be used legally.

While Capone’s actions coined the term “money laundering,” the practice has been around as long as money has existed.

The three integral steps of money laundering involve placement, layering, and integration.

Placement involves converting illegally obtained money into assets that seem legitimate. The practice could involve an individual depositing funds into a bank account of a separate entity. The separate entity then functions as a middleman between the criminal money and legitimate spending.

Layering involves using a multitude of transactions in order to distance the funds from their criminal origins. The practice could involve multiple transfers across multiple accounts, or the purchase of tangible property. Basically, layering disguises the money’s source.

Integration allows the money to reenter the mainstream economy. Moreover, it benefits the original owner. The owner can invest the money in legitimate businesses and produce fake invoices to further mask the origin of the money.

Prior to 1986, the federal government did not recognize money laundering as an independent crime. Federal prosecutors needed to link money laundering to a separate crime, such as tax evasion in the Al Capone case. However, the Money Laundering Control Act of 1986 permanently outlawed money laundering as an individual crime.

The Money Laundering Control Act of 1986 began to crack down on money obtained from transporting and selling illegal drugs. Drug trafficking often occurred through large-scale organized crime rings. However, low-level workers handled the actual transportation and sale of the drugs while crime ring leaders were able to keep the profits.

The money laundering Control Act of 1986 allowed prosecutors to charge drug bosses for merely handling the money attained through illicit activity.

Defining California Money Laundering

Understanding the various terms used in California law pertaining to money laundering can facilitate an understanding of the crime and it’s definition.

California State Juror Instructions 2997, Money Laundering, provides the following explanations:

“Financial institution” means any national bank or banking institution located or doing business in the State of California.

A “transaction” includes the deposit, withdrawal, transfer, or bailment, loan, pledge, payment, or exchange of currency or a monetary instrument, or the electronic, wire, magnetic, or manual transfer of funds between accounts by, through, or to, a financial institution.

A “monetary instrument” means money of the United States of America, or of any other separate entity

“Criminal activity” means a criminal offense punishable under the laws of the State of California by death or imprisonment in the state prison, or a criminal offense committed in another jurisdiction which, under the laws of that jurisdiction, is punishable by death or imprisonment for a term exceeding one year.

A “foreign bank draft” means a bank draft or check issued or made out by a foreign bank, savings and loan, casa de cambio, credit union, currency dealer or exchanger, check cashing business, money transmitter, insurance company, investment or private bank, or any other foreign financial institution that provides similar financial services, on an account in the name of the foreign bank or foreign financial institution held at a bank or other financial institution located in the United States or a territory of the United States.

California State Penal Code 186.10

California State Penal Code 186.10 defines general money laundering as:

Conducting or attempting to conduct, a transaction through a financial institution.

The transaction or series of transactions through the financial institution must add up to a total value of more than $5,000 over a 7-Day period, or more than $25,000 over a 30-day period.

The individual must conduct the transactions:

– in a deliberate attempt to promote criminal activity

– with the knowledge that the funds originally came from illegal activity

Example

An example of General money laundering involves Jan. Jan runs a brothel and makes $1,500 a day. Every Monday and Thursday she deposits $4,500 into the same bank account. The State of California could convict Jan of general money laundering. Even though she never attempted to conceal the origin of the funds, she did make multiple deposits within a seven-day period totaling more than $5,000. The money came from an illegal source.

However, the prosecution must prove the defendant intended to support criminal activity.

Another example involves Ryan and Kelly. Ryan and Kelly began dating years ago. Ryan explains to Kelly that he wants to start a business, but needs start up money. Kelly gives Ryan $15,000 as an investment for what she believes to be equity in a legitimate business. However, Ryan uses the money to start a meth lab.

Kelly did not know that her money would be used to finance criminal activity involving controlled substances. She therefore cannot be convicted of money laundering.

California Health and Safety Code 11370.9

California Health and Safety Code 11370.9 describes money laundering in connection with controlled substance crimes.

The prosecution must prove three things in order to convict an individual of money laundering in connection with controlled substance crimes.

The individual received, acquired, or engaged in financial transactions involving money or tangible property that he or she understood to have resulted from a controlled substance offense.
He or she did so to conceal or disguise the source, ownership, or control of the money.
The amount of money laundered totaled more than $25,000 over a 30-day period.

Illustrative Examples

Example A.

Michael sells cocaine. One week he deposits $10,000 into a single bank account. He intends to use that drug money to pay his living expenses over the next two months.

Under California State Health and Safety Code 11370.9, Michael cannot be convicted for two reasons. First, he did not attempt to conceal the origin of the money that he deposited into a bank. Second, he only deposited $10,000, which is less than the required amount of $25,000.

However he may very well be charged under California State Penal Code 186.10.

Michael made a deposit to a bank account that totaled more than $5,000, and he understood the money came from criminal activity.

Example B.

A related example involves Michael and his cocaine business. Over the next month, Michael sells $40,000 worth of cocaine, and now has $40,000 in cash. Michael understands the inherent risk of carrying that much cash. However, he also knows that he cannot deposit $40,000 of illegal money into a bank account.

Michael makes a deal with his friend Scott. Scott owns a pawn shop, and can use the cash to stock the register. Michael agrees to give Scott $40,000 in cash. In return, Scott will give Michael $40,000 in the equity of his pawn shop.

The prosecution could not charge Michael under California State Penal Code 186.10 because he never made a transaction through a financial institution.

The prosecution could charge Michael under Health and Safety Code 11370.9 because he engaged in financial transactions designed to hide the origin of illegal money derived from a drug crime. Plus, the total amount of money totaled more than $25,000.

Example C.

Yet another way money laundering can be conducted is exemplified by Michael’s cocaine business. After selling $40,000 worth of cocaine, he recognizes that he needs to get rid of the cash. On January 1st, he approaches a gold dealer and purchases $20,000 in gold. On February 19th, he spends the other $20,000 on gold from the same gold dealer.

Although Michael engaged in transactions designed to conceal the origin of his cocaine money, he could not be convicted of money laundering.

Michael only purchased $20,000 in one month, and his transactions never totaled more than $25,000 in a 30 day period. Therefore, Michael cannot be convicted under Health and Safety Code 11370.9.

Michael also cannot be convicted under Penal Code 186.10 because the transactions involved a gold dealer, and not a financial institution.

Penalties of California Money Laundering

The State of California considers both forms of money laundering to be wobblers. This means the prosecution may pursue either misdemeanor or felony charges for money laundering depending on the defendant’s criminal history, and on the specific facts of the case.

Misdemeanor penalties for either form of money laundering include the following:

Up to one year in county jail
Fines of up to $1,000

The felony penalties for Penal Code 186.10, General Money Laundering, include the following:

Jail time of from 16 months to 3 years
Fines of up to $250,000 or twice the amount of money laundered, whichever sum is greater
The maximum fines increase if the defendant has any prior money laundering convictions.
The maximum prison sentence increases if the total amount of money laundered is more than $50,000.

The felony penalties under California State Health and Safety Code 11370.9, Controlled Substances Money Laundering, include:

Prison sentences of from 2 to 4 years
Fines of up to $250,000, or twice the amount of money laundered, whichever sum is greater

Understanding Money Laundering in California

Money laundering covers any process designed to obscure the origin of illicitly obtained money.

The State of California recognizes two forms of money laundering. Penal Code 186.10 concerns money laundering related to any type of criminal activity, while Health and Safety Code 11370.9 pertains to money laundering related to any drug crime.

The State of California considers both crimes to be wobblers. Consequently, the prosecution can pursue either felony or misdemeanor charges.

The misdemeanor penalties include county jail time of up to one year, and fines of up to $1,000.

On the other hand, felony money laundering charges include penalties of from 16 months to four years in prison, as well as fines of up to $250,000, or twice the amount of money laundered, depending on which sum is greater.

Defending Against Money Laundering Charges in California

Regardless of the money laundering charge, experienced criminal defense attorneys can mount the most effective legal defenses.

Money laundering convictions under Penal Code 186.10 require both intent and knowledge. Experienced defense attorneys can show that the defendant neither intended to promote criminal activity, nor understood that the money came from criminal activity.

Because conviction under Health and Safety Code 11370.9 requires an intent to hide the source or owner of drug proceeds, the prosecution must prove that the defendant both knew the source of the funds, and intended to hide it.

The amount of money laundered determines whether the prosecution can pursue money laundering charges. If the defendant did not make his transactions with the required amount of money as defined by law, he or she may not be convicted of money laundering.

One of the most important factors of any criminal charge pertains to police behavior. An experienced criminal defense attorney can examine the timeline, research the situation, and accurately understand the series of events. If the defense attorney discovers police misconduct, such as illegal searches or seizures, then all evidence against the defendant becomes inadmissible.

Working with an aggressive defense attorney can lead to the most successful outcome for defendants accused of money laundering crimes.

Drugs in and out of California Prisons

Posted by John Devendorf on December 18, 2015

More than 100,000 Californians are currently in California prisons. Nearly 10,000 alone are located in the Los Angeles central jail system, the country’s largest prison.

Many of those serving sentences are doing so for drug crimes and some of them for minor drug offenses. Before Prop 47 passed, even more people served time for small-time drug crimes. Prop 47 serves to reduce a number of minor drug from felonies to misdemeanors. Unfortunately, according to recent statistics, drugs don’t just put people in prison. Drugs also release inmates from prison through drug overdoses and deaths.

California Prisons: Inmates & Drug Overdoses

Over 150 California prison inmates died of drug overdoses in the past ten years. That number is three times the national average. Thus, it requires the discussion regarding the prevalence of drugs in the state’s prisons. Jeffrey Beard, Secretary of the California Department of Corrections and Rehabilitation, told state legislators that illegal drugs are rampant in the prisons. The Department is spending $8 million on anti-drug activity. This funding includes drug-detecting scanners, drug-sniffing dogs, and strip searches of any suspicious visitors.

So far, the drug-detecting efforts reveal very few results. Since December of last year, more than 6,000 scans of visitors and prison employees returned a sum total of zero drugs. Rather, it has prompted civil rights advocates to speak out against the new policies. False alarms by drug-sniffing dogs, and the drug scanners may lead to strip searches that go too far.

Lawmakers have added language to the current California budget plan to end strip searches, and re-evaluate the anti-drug efforts. According to Democratic Senator, Loni Hancock, “It’s a humiliating process, can be easily used to humiliate and demean people, and was only for visitors, often women.”

The decision to use dogs to search humans rather than empty rooms prompted the former canine program coordinator to resign. Wayne Conrad was critical of the expenses related sending the dogs for training in Pennsylvania, and the use of less reliable breeds. Conrad was concerned about the likelihood of false positives. “The dogs are going to start alerting on people whose kids are smoking dope,” he said. “The next thing that’s going to come is the lawsuits.”

Alternative Plans

Jeffrey Beard is seeking alternatives to strip searches. He comes to the California prison system after more than 10 years in Pennsylvania corrections department. Pennsylvania has a rate of one drug or alcohol related death per 100,000 inmates, while California’s rate is eight times as high. Beard wants to send a message to people not to smuggle drugs into prisons. “If we don’t do this, we’re going to have people keep dying, we’re going to have continued violence in the prisons,” said Beard.

In 2013, 24 prisoners died from drug overdoses. Prisoners can easily spread disease through the use of intravenous needles. The same year, 69 inmates died from hepatitis C, largely spread as a result of IV drug use. Other states with large prison populations saw a similar rate of 1 death per 100,000 prisoners, including Texas, Florida, Ohio, Illinois and Georgia. On the other hand, Maryland had by far the worst death rate with 17 deaths per 100,000 inmates.

Only about 5% of visitors and employees receive a drug scan using ion scanners. Ion scanners are the same devices in airport screening for bomb detection. In Pennsylvania 20% of employees and 68% of visitors go through scanners before they enter the prison.

Stay Up to Date

The Kavinoky Law Firm employs the best and brightest so that we can fight for your freedom. Should you find yourself in need of a crime attorney or DUI attorney, call us first. Keep yourself out of the California prisons. Call anytime 24/7 – we don’t sleep – so you can. 1.800.NO.CUFFS is the number you need to remember.

Drug Cases

Posted by Brianna Wilkins on March 4, 2014

Drug cases in California are numerous and complicated. Each case requires individual attention from a criminal defense attorney. If you are facing an drug-related arrest in California you’re certainly not alone.

The War on Drugs

As can be seen by the high incarceration rate in this country, the War on Drugs is ineffective. All in all, increasingly more Americans fall into our nation’s war and find themselves lost. Local, state, and federal governments continue to pour billions of dollars into this war year after year. Sadly, in essence, this is all at the expense of individuals like you.

Fortunately, it’s possible to mount an aggressive defense to a California drug charge. In fact, the help of a Los Angeles defense lawyer is especially helpful. An knowledgeable California drug crime attorney from The Kavinoky Law Firm will thoroughly analyze your case. He or she will help determine the most effective strategy to challenge the case against you.

Drug Cases and Their Charges

Whether your California drug charge is possession or sales, it’s possible to mount a strong defense with the help of the right defense lawyer. Any charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, is still defensible. An great California drug defense lawyer has the skills and knowledge to aggressively fight any felony drug charges.

California defense attorney Darren Kavinoky and the attorneys of The Kavinoky Law Firm are well-aware of every aspect of fighting drug charges. Together with you, they will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

A California drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

Some California drug cases should go to trial. Whereas others may find favorable resolution with a skillfully negotiated plea bargain. In fact, plea bargains often result in alternative sentencing. Some forms of alternative sentencing include deferred entry of judgment (DEJ), Proposition 36, and drug court. These alternatives can be life-savers. Typically, alternative sentencing keeps the defendant out of incarceration.

Fight Your Case Alongside Your Attorney

A California drug charge can negatively impact every part of your life. Fortunately, you can aggressively fight your case with the help of a skilled attorney.

To learn more about strong defenses to felony drug charges, please contact The Kavinoky Law Firm today. Call 1.800.NO.CUFFS for a free consultation. Serving all of Los Angeles County, Orange County, San Luis Obispo and Ventura Counties and Riverside and San Diego Counties

Medical Marijuana Card in Hand. Now What?

Posted by Brianna Wilkins on January 7, 2014

Medical Marijuana Card in hand? Now what do you do? Under Proposition 215, also referred to as the California Compassionate Use Act, California became the first state to allow residents to legally smoke marijuana with a recommendation or approval from a California-licensed physician. Proposition 215 states that medical patients and designated primary caregivers may legally possess and cultivate marijuana if they have a medical marijuana card.

Medical Marijuana Card

If you have your medical marijuana card, you may be wondering how Proposition 215 will affect your day to day life. This includes where you’re legally allowed to smoke and how much marijuana you’re legally allowed to have in your possession. Also, many doubt a California medical marijuana card protects you from federal prosecution.

How Much Can I Possess or Grow?

According to Proposition 215, patients may have whatever amount of marijuana is necessary for their personal medical use. While some may think this entitles them to unlimited amounts of marijuana, this is not true.

Patients are likely to face legal consequences if they exceed the SB420 guidelines. The SB420, established on January 1, 2004, stipulates:

Patients may ‘legally’ have six mature or twelve immature plants* and
Up to half a pound of processed cannabis.

Though the amount can vary between cities and counties, the amount designated in SB420 is the minimum throughout the state. Also noteworthy here, is the caveat for rentals. Although it is legal to cultivate marijuana, most landlords prohibit the act. Before you attempt to grow your own marijuana, be sure it is okay in your place of residence.

Where Can I Get Medical Marijuana?

Although Proposition 215 doesn’t legalize sales, thousands of collectives and dispensaries throughout the state are now open. Currently, there are three types of shops where medical marijuana patients can purchase medical marijuana:

collectives,
co-operatives, and
dispensaries.

Collectives are groups of patients who pool their resources to provide medical marijuana to each other. Technically, these collectives should be non-profit and shouldn’t provide marijuana to outside patients. Co-operatives are non-profit and provide marijuana to patients in more of a shop-like setting. Dispensaries are for-profit entities that dispense marijuana. The main difference between a co-op and a dispensary is the tax-status of the entity.

Types of Medicine

Under Proposition 215, all parts of the cannabis plant fall under the provision. This includes seeds, buds, stalks, leaves, resin, and fibers. Anyone with a medical marijuana card in the state of California also has access to any medical marijuana and cannabis products. These products may be edibles, wax, hash, concentrated cannabis, and other marijuana bi-products.

Where Can I Smoke Medical Marijuana?

Typically, laws that govern cigarettes also apply to marijuana. Under state law, medical marijuana is only acceptable in certain places. It is illegal:

Within 1,000 feet of a school, recreation or youth center,
On a school bus,
In a moving vehicle or boat .
Marijuana of any type is illegal in the workplace and correctional facilities.

Employers still have the legal right to terminate an employee who tests positive for marijuana. Regardless of whether the patient has a medical marijuana card, he may face termination.

Additionally, medical marijuana patients are must smoke with discretion in public places. Additionally, many in the community suggest using only edibles in public spaces.

Federal Arrest Charges

In some cases, patients are not safe under the California law. Raids and arrests for those with cards are commonplace. Many face discrimination based on hearsay. Such claims include growing amounts the police believe to be excessive, or on account of neighbor’s complaints. Once patients receive charges, it is up to the courts to pass judgment on their medical claim.

Hiring a great criminal defense attorney in California is vital to protect your rights. Anyone with a medical marijuana card in the state of California can face federal charges. Since federal law trumps state law, the United States government has power over the state. Consequently, this means those in possession may receive a misdemeanor. So, we know those who cultivate can be charged with a felony. Medical marijuana patients are not protected while on federal land, and a California recommendation is not a defense in federal court.

State and Federal Law is Always Changing

Hire an attorney who knows what they’re doing.

About Darren Kavinoky and The Kavinoky Law Firm:

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Cocaine

Posted by Brianna Wilkins on September 24, 2012

Cocaine is a Schedule II drug under California Health & Safety code 11055 (b) (6)), and it’s illegal to use, possess, sell, possess for sale, and manufacture. Violation of California’s cocaine laws can result in felony charges that carry significant prison time. Consequently, if you’re facing a California cocaine charge, you should have an experienced defense lawyer fighting for your freedom. Additionally, a skilled California drug lawyer from The Kavinoky Law Firm will do everything possible to protect you from the serious consequences of a cocaine charge.

Cocaine Penalties

What is especially relevant here is that sentencing changes based off of the crime. California’s determinate sentencing laws spell out a lower term, a middle term, and an upper term for felony offenses spelled out in months or years.

In fact, the punishment handed down after a cocaine conviction will be determined by the facts of your case and by aggravating and mitigating factors. These factors are circumstances that prompt the judge to treat you more harshly leniently. Mitigating factors are almost always very helpful in a case. You’re probably going to talk to your attorney about these following your arrest.

The following charges can be brought in a California cocaine case:

Section Number	Charge	Sentence
11350	Cocaine possession	16-2-3
11351	Possession for sale	2-3-4
11352	Sale (transport, import, furnish, administer, give away, etc.)	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 cocaine (controlled substance) (i.e. substantially similar chemical structure or effect)
PC 182a1	Conspiracy to do any or all of the above (same as substantive charge)
11532	Loitering in a public place	Misdemeanor
	with the intent to commit a drug offense

Sentencing Enhancements

In addition to the charges in a California cocaine case, there are also numerous sentencing enhancements that can be filed that, if proven, can substantially increase your punishment. Another penalty can add include more time for weight enhancements, prior convictions, firearms, locations, and minors.

Therefore, if you’re facing a California drug charge, you could see substantial prison time. Additionally, there are other significant repercussions to this conviction. However, it’s entirely possible to aggressively fight your charge. Hence, you need a lawyer – and you need one quickly. Luckily, a skilled California criminal defense attorney from The Kavinoky Law Firm is ready to review your case and help you plan your next move. Please contact us today at 1.800.NO.CUFFS for a free consultation.

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Drug Charges in California – Substance Abuse Evaluation Included

Posted by Brianna Wilkins on May 4, 2012

Drug charges in California are serious for several reasons. Of course, there is the legal concern, but secondly, there is the emotional well-being of yourself or your loved ones.

Drug Charges – Substance Abuse Expert

Many California criminal offenses involve alcohol and/or drugs. However, not many defense lawyers include an evaluation by a qualified substance-abuse expert as part of their fee. The Kavinoky Law Firm is unique. We include an evaluation and court appearance by Dan Cronin from Assessment Intervention Resources (AIR). Of course, this is included in the retainer on cases involving alcohol or drugs.

Dan Cronin is AIR’s president and founder. He is an alcohol and drug counselor who worked with a psychologist and psychiatrist to develop a brilliant system. The three experts developed a unique care-management model for individuals with alcoholism and drug addiction.

This treatment method is incredibly effective. In fact, it is so effective that many organizations work with this system to help their members. These groups include the NHL, MLS and numerous public corporations in the United States and Canada. These organizations choose AIR as their care management provider for drug and alcohol problems.

Benefits of Evaluation

Of course, not everyone facing a California alcohol- or drug-related crime has a substance-abuse problem, but many do. An assessment by substance-abuse expert Dan Cronin provides tremendous benefit to the defense. This evaluation is beneficial for those who are suffering from substance abuse issues and those who aren’t.

For example, a driver arrested for California DUI who receives a substance-abuse evaluation that recommends treatment for alcoholism may be able to receive the alternative sentence of rehabilitation rather than jail.

In another scenario, a substance-abuse evaluation that concludes that someone facing a narcotics offense exercised poor judgment rather than having a drug problem may persuade the court to treat the defendant more leniently because a repeat offense appears to be less likely.

Hire Great Defense

The participation of a nationally renowned substance-abuse expert can make a tremendous contribution to your defense. Consequently, and The Kavinoky Law Firm includes an evaluation by substance-abuse expert, Dan Cronin. For more information about the role of a substance-abuse expert in a California criminal defense, please contact The Kavinoky Law Firm today. Reach out at 1-800-NO-CUFFS for a free consultation or to contact an attorney in your area.

Clandestine Drug Labs: Guns and Firearms

Posted by on May 4, 2012

Clandestine Drug Lab Charges: Guns and Firearms

Operating a clandestine lab in California is a serious offense that carries harsh consequences, and those repercussions can be substantially increased with the addition of sentencing enhancements that include guns and firearms.

The allegation that you used or possessed a firearm while manufacturing drugs is one possible sentencing enhancement that can be filed in a California clandestine lab case. A top California drug lawyer from The Kavinoky Law Firm has the skills needed to aggressively fight both the underlying drug charges and any sentencing enhancements.

The same constitutional protections apply to sentencing enhancements as to underlying criminal charges – your guilt must be proven beyond a reasonable doubt or you cannot be punished. You cannot be punished for a sentencing enhancement if you aren’t convicted of the underlying charge.

California’s determinate sentencing laws outline a range of punishment for felony offenses and enhancements. This range, expressed in months, or, more commonly, years in prison, is referred to as the lower, the middle and the upper term. The sentence the judge imposes will be determined by aggravating and mitigating factors – issues that prompt the court to treat you more harshly or leniently.

These are the sentencing enhancements that can be filed in cases that involves clandestine labs involving a gun or firearms:

Code Section Enhancement Sentence 12022c 11378, 11379, or 11379.6 (or attempt) while armed (available for offense/defense) with a firearm (loaded or unloaded, operable or inoperable) Full consecutive 3-4-5
(If vicarious 12022d, add
1-2-3)
12022a Armed with a firearm (loaded or unloaded) during the commission of any felony Add one year

These sentencing enhancements for possessing or using a gun while pursuing any of the activities associated with operating a clandestine lab can add years to an already lengthy prison sentence, so it’s important to have a strategic defense plan. Skilled California drug lawyers from The Kavinoky Law Firm has the experience needed to fight both your underlying clandestine lab charge and any sentencing enhancements. Please contact a top California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

Marijuana Laws – Manufacturing

Posted by on May 4, 2012

In California, some marijuana violations are prosecuted as misdemeanors, some as felonies and some are considered “wobblers” which means that the prosecutor filing the charge has the discretion as to whether to charge the accused with a misdemeanor or a felony. Automatic felonies are reserved for the offenses that the state considers most serious, which includes manufacturing marijuana. In order to best defend against the severe penalties that this offense carries, it is imperative that an individual charged with this crime immediately contacts a skilled criminal defense lawyer who specializes in this area of the law and knows how to employ the most vigorous defenses.

Anyone who manufactures, compounds, converts, produces, derives, processes, or prepares marijuana, either directly or indirectly by chemical extraction or independently by means of chemical synthesis faces a felony, punishable by three, five or seven years in the state prison and a maximum fine of $50,000. Simply “offering” to perform one of these activities will still subject the accused to three, four or five years in the state prison.

“Manufacturing” marijuana does not necessarily mean that the process of manufacturing must be completed. Manufacturing marijuana may be charged when a person knowingly participates in the initial or intermediate steps necessary to process the marijuana. As a result, it is unlawful for a person to engage in the synthesis, processing or preparation of a chemical used in the manufacture of marijuana, even if the chemical is not itself a controlled substance, provided that the person knows that the chemical is going to be used in the manufacturing of marijuana. To prove the accused guilty of this offense, the prosecutor must show that the accused manufactured, compounded, converted, produced, derived, processed or prepared marijuana either directly or indirectly by means of chemical extraction or independently by means of chemical synthesis and that he or she knew that the marijuana that was being manufactured was a controlled substance. If the crime alleged is one of offering to do the above, it must also be proven that the accused had the specific intent to do so.

It should additionally be noted that an individual who has under his or her management or control any property (including a building, room, space, or enclosure), either as an owner, lessee, employee, agent or mortgagee, who knowingly leases, rents or makes available for use, with or without compensation, that property for the purpose of unlawfully manufacturing marijuana for sale or distribution faces either a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by imprisonment in the state prison. Anyone convicted of this offense a second or subsequent time faces two, three or four years in the state prison, as the offense will automatically be charged as a felony.

California Marijuana and Drug Defense Lawyer

When charged with manufacturing marijuana, it is critical that the accused contacts an experienced criminal attorney who understands how to successfully challenge this offense. The outstanding lawyers at The Kavinoky Law Firm have mastered everything that relates to California’s marijuana laws in an effort to provide their clients with unparalleled service. They meticulously review every case that comes their way in order to spot the defenses that will most likely convince a judge and jury that their clients are either entitled to an acquittal or, at the very least, are deserving of a reduced charge, which would entitle them to drug treatment programs in lieu of jail or prison time. To learn more about the defenses that apply to a California manufacturing marijuana charge, contact them today for a free consultation.

Prop 36

Posted by on May 4, 2012

Prop 36

Proposition 36 is a voter-approved initiative which mandates drug treatment instead of jail for certain first- and second-time low-level drug offenses. Proposition 36 is one form of alternative sentencing that may be an option in your California drug case. A skilled California drug lawyer from The Kavinoky Law Firm can review your case and help you to determine whether Prop. 36 may be an option.

Prop. 36 is intended for non-violent, low-level California drug offenders. If you’re facing a manufacturing or possession for sale charge, you’re ineligible for Prop. 36. Also, if you have been convicted of a serious or violent felony — a strike — you cannot participate in Prop. 36 unless you have been out of prison for five years or more and have no felonies or misdemeanors that involve the threat of violence during that time period.

If you’re accepted into Proposition 36, you’ll have to attend a court-approved treatment program that will include counseling, Narcotics Anonymous meetings, and other activities.

If you enroll in Prop. 36 and then fail to complete the treatment program, you’ll have to return to court and be sentenced like any other drug offender. Therefore, it’s extremely important to ensure that you can commit to any drug treatment program that accepts you if you hope to avoid jail time and the other consequences of a California drug conviction.

Participation in Proposition 36 has literally transformed the lives of tens of thousands of California drug defendants who might otherwise had to serve jail time. Successfully completing a drug treatment program allows many individuals to address their substance-abuse issues at last and become productive members of society.

Not everyone is eligible for Prop. 36 after a drug arrest in California, but for those who are, the experience can literally change their lives. Your defense lawyer will review your case to determine whether you may be eligible for Proposition 36 diversion.

A California drug charge carries serious consequences, but Prop. 36 or another form of alternative sentencing may be an option. To learn more about Proposition 36, please contact a knowledgeable California drug lawyer from The Kavinoky Law Firm at 1.800.NO.CUFFS for a free consultation.

Diversion for Marijuana Charges in California – Penal Code PC 1000

Posted by on May 4, 2012

Diversion for Marijuana Charges in California – Penal Code PC 1000

Diversion is a California sentencing option that allows a first time marijuana offender (under certain circumstances) to avoid a jail or prison sentence and to participate in a drug education, treatment and/or rehabilitation program instead. This program only applies to a few marijuana offenses and has specific eligibility requirements, but if it is successfully completed, it allows the accused to ultimately have his or her charges dismissed. An experienced California marijuana criminal attorney is the key to seeing that this type of alternative sentencing option is offered to the accused.

Diversion (codified under California’s Penal Code section 1000) permits an individual who has been convicted of possessing marijuana for personal use, who has been convicted of cultivating marijuana for personal use (both as first time offenders) or an individual who has been convicted of possessing not more than one ounce of marijuana (other than concentrated cannabis) while driving for his or her fourth time in a two-year period to participate in a series of drug education classes in lieu of serving a jail or prison sentence. The accused may request to be referred to any program in any county, so long as it is court approved.

Diversion applies to an individual who meets the above requirements and who has no prior drug offense convictions, whose pending charge didn’t involve violence or threatened violence, whose prior criminal record doesn’t indicate that probation or parole has previously been revoked without being successfully completed, whose prior criminal record doesn’t indicate that he or she had participated in diversion within the last five years and who has no prior felony convictions within the last five years. If the prosecuting attorney believes that the accused meets these requirements, he or she will recommend that the accused participate in diversion, thereby entitling the accused to a deferred entry of judgment.

A “deferred entry of judgment” means that the defendant will be required to enter a guilty plea to the charged offense but will not be sentenced until he or she is allowed the opportunity to successfully complete the diversion program. As a part of this program, the accused will be subject to random drug testing and, if he or she tests positive for marijuana or other drug use, he or she will likely be removed from the program and sentenced to the charge to which he or she already plead guilty. An individual may face the same consequence if the judge, probation department or prosecuting attorney feels that he or she is performing unsatisfactorily in the program, that he or she is not benefiting from drug education, treatment or rehabilitation, that he or she has been convicted of misdemeanor that reflects his or her propensity for violence, has been convicted of a felony or has engaged in criminal conduct that renders him or her unsuitable for deferred entry of judgment. If, however, those same parties find that the accused successfully completed the diversion program, the judge (no sooner than 18 months and no later than three years from the individual’s referral date) will vacate the plea and dismiss the charges against him or her.

Diversion offers an eligible individual a great opportunity to avoid a jail or prison sentence that may otherwise be imposed in connection with his or her marijuana charge. Even if one isn’t charged with one of the offenses that qualifies for the diversion program, the skilled California marijuana criminal defense lawyers at The Kavinoky Law Firm may be able to negotiate a plea bargain that allows his or her client to participate in diversion by having the prosecutor agree to charge the accused with an eligible offense. To learn more about the requirements, advantages and disadvantages of diversion or about other alternative sentencing options, contact these exceptional attorneys today for a free consultation.