California Methamphetamine Charge Involving Minors

Certain factors called sentencing enhancements can be added to California methamphetamine cases that can add years to the potential sentence. The involvement or presence of minors is one sentencing enhancement that can be filed in a meth case.

Because the repercussions from California methamphetamine charges are so severe, it’s imperative to have skilled California defense attorneys on your side. A knowledgeable California drug defense lawyer from The Kavinoky Law Firm thoroughly understands the complexities of a methamphetamine charge and will aggressively defend you against both the underlying charges and any sentencing enhancements.

A prosecutor must prove both the underlying drug charge and any sentencing enhancements beyond a reasonable doubt in order for you to receive the additional punishment. If you aren’t convicted of the underlying charge, you cannot be punished for the sentencing enhancement.

California sentencing guidelines spell out a lower term, a middle term and an upper term for certain offenses. The sentence that is meted out depends on aggravating and mitigating factors — information that prompts the judge to treat you more harshly or leniently — and the facts of each case. The sentence for each offense or enhancement is spelled out in months or years in prison.

The California Health and Safety Code allows for the following sentencing enhancements to be filed in methamphetamine cases involving minors:

* 11380 — Utilizing, soliciting, furnishing a minor re: methamphetamine — 3-6-9
* 11379.7 — Manufacturing methamphetamine (H&S 11379.6) or possession of precursor chemicals with intent to manufacture (H&S 11383) with a child under 16 present, add two years. If a child under 16 suffers great bodily injury during the commission of these offenses, add five years.

A California methamphetamine charge involving minors can bring sentencing enhancements that add years to a prison commitment, so it’s critical to aggressively fight both the underlying drug charge and any enhancements.

Experienced California defense attorneys from The Kavinoky Law Firm can thoroughly review your methamphetamine case and help you determine your next step. Please contact a skilled California drug defense lawyer today at 1.800.NO.CUFFS for a free consultation.

Heroin Charges and Location of Crime

Violating California’s heroin laws can result in a lengthy prison term, and factors known as sentencing enhancements can add substantially to your sentence. One possible sentencing enhancement in a California heroin case has to do with the location where the alleged offense occurred.

If you’re facing a California heroin charge, it’s important to fight for your rights and your freedom with the help of skilled California defense attorneys. An experienced California drug lawyer from The Kavinoky Law Firm is ready to review your case and build an aggressive defense strategy.

Sentencing enhancements must be proven beyond a reasonable doubt, just like the underlying drug charge, in order to result in additional punishment. If you are not convicted of the underlying drug charge, you can’t be punished for the sentencing enhancement.

Sentencing enhancements based on location in California heroin cases are triggered by either the allegation that you maintained a place to commit the alleged heroin offense or committed the offense in close proximity to a school, youth center or another place where children gather.

Felony offenses and certain sentencing enhancements follow California’s determinate sentencing laws — there is a lower term, a middle term and an upper term. The sentence the judge imposes if you’re convicted will depend on issues that include aggravating and mitigating factors — information that prompts the court to treat you more harshly or leniently.

These are the sentencing enhancements based on location that can be filed in a California heroin case:

Code Section Enhancement Sentence 11366 Maintain a place for sale or use Misdemeanor or 16-2-3 11366.5a Rents or makes available for manufacture or distribution Misdemeanor or 16-2-3 11366.6 Utilizing fortified location to possess for sale, sell, or manufacture 3-4-5 11366.5b Derive excessive profit and allow to be fortified 2-3-4 11353.6 Possess for sale, sell, manufacture upon grounds of school or within 1,000 feet of school (in a public place or place legally open to minors) when school was in session or when children using the school facility Add 3-4-5 11352b Transports for sale to non-contiguous county 3-6-9 11380.5 Possession for sale or sale at public park or oceanfront beach if drug-free zone (includes library, pool, youth center) Add one year

A location sentencing enhancement can add years to your prison sentence in a California heroin case, but not if you avoid being convicted in the first place. Knowledgeable California defense attorneys from The Kavinoky Law Firm will thoroughly examine all of the evidence in your heroin case and determine the appropriate challenges. Please contact us today at 1.800.NO.CUFFS for a free consultation.

 

 

Possession of marijuana for personal use may be prosecuted as either a misdemeanor or as a felony in California, depending on how much of the drug the accused possessed. Penalties for drug offenses can be stiff, which is why it is so important for an individual accused of marijuana possession to contact a criminal defense lawyer who focuses on this area of the law and who knows how to successfully defend these types of charges, as only an experienced attorney will know how to properly and effectively apply the defenses that are applicable to this offense.

Except as otherwise authorized by law (which basically means anyone who is exempt from criminal prosecution because they are either a patient or caregiver who has been authorized to use medical marijuana), every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a maximum of one year and by a maximum fine of $500 for a misdemeanor or may be imprisoned in the state prison for sixteen months or two or three years if charged with a felony.

Every person who possesses less than 28.5 grams (or one ounce) of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a maximum fine of $100. If the accused has been previously convicted three or more times of this offense during the two-year period immediately preceding the charged offense, he or she will also be diverted to an education, treatment or rehabilitation program. If the accused is so diverted, he or she will not be subject to the fine previously mentioned that is typically imposed in connection with this offense. If, however, he or she is not accepted into a suitable community program, he or she will be required to pay the fine. It should be noted that an individual who is arrested for a violation of this section is not subject to booking and should be released by the arresting officer if he or she shows valid identification and signs that he or she will appear in court.

If the accused is convicted of possessing more than one ounce of marijuana, other than concentrated cannabis, he or she will be subject to a misdemeanor, punishable by up to six months in the county jail and a maximum $500 fine.

Finally, any adult who possesses less than one ounce of marijuana, other than concentrated cannabis, upon the grounds of, or within, any elementary, middle or high school during school hours is subject to a misdemeanor, punishable by up to ten days in jail and a $500 fine.

Persons charged with possession of marijuana for personal use may be eligible for “deferred entry of judgment” pursuant to “Proposition 36”. This type of drug treatment allows an individual to avoid jail and to have his or her charges dismissed upon successful completion of his or her requirements. This is the type of alternative sentencing that an inexperienced attorney may not even be aware of – another reason why a skilled attorney must be retained.

The outstanding criminal attorneys at The Kavinoky Law Firm specialize in California drug defense and are dedicated to obtaining the most favorable outcomes for their clients. Through their hard-work, passion and experience, they know what it takes to win, which is revealed in their exemplary success record. When arrested for a marijuana offense, The Kavinoky Firm will do their best to have their client’s charges reduced or dismissed or will use their savvy skills to advocate for alternative sentencing where appropriate. With law offices in Los Angeles and throughout California, they are conveniently located for anyone in need of reputable marijuana defense attorney. One’s freedom is too important to trust to an inexperienced attorney. To secure the most trusted legal advice and unparalleled representation, contact The Kavinoky Law Firm today for a free consultation.

Powder Cocaine Charges and Prior Convictions

California cocaine charges carry extremely harsh penalties, and factors called sentencing enhancements can add substantially to your prison sentence. One possible sentencing enhancement in a California cocaine case is for prior convictions.

If you’re facing a California cocaine charge and have prior drug convictions, you need a defense lawyer who thoroughly understands narcotics law and will fight fearlessly for your rights. Knowledgeable California defense lawyers from The Kavinoky Law Firm has the skills needed to aggressively fight for your freedom.

In order to punish you for a sentencing enhancement in a California cocaine case, the court must find you guilty beyond a reasonable doubt of both the underlying drug charge and the enhancement. If you’re not convicted of the underlying drug offense, you cannot be punished for the sentencing enhancement.

Under California Health & Safety Code section 11370.2a, if you’re convicted of cocaine sale or possession for sale, you can be sentenced to an additional three years for each prior conviction for cocaine possession for sale (11351), possession of cocaine base for sale (11351.5), sale (11352), 11378 (possession of meth for sale), 11379 (meth sale), 11379.6 (manufacture), 11380.5 (offenses in public parks or beaches), 11383 (possession of chemicals with intent to manufacture).

If you’re convicted of 11350 (cocaine possession), possession for sale (11351), sale (11352), solicitation of a minor (11353), or agreeing to sell a controlled substance (11355), and have any prior felony narcotics conviction, you cannot receive probation, although the judge has discretion in this matter.

Under California Penal Code section 1203.07 (a)(11), if you’re convicted of sale or possession for sale and have a prior conviction for either of those offenses, you cannot receive probation. The judge has no discretion in this matter.

Under California Penal Code section 667.5b, you can receive an additional year in prison for any prior prison commitment unless five years have passed since you were released from prison and convicted of a felony.

California Health & Safety Code section 11366.5c dictates that if you’re convicted of managing a place for the manufacture, storage, and/or distribution of a controlled substance (11366.5a) and have a prior conviction for the same offense, you’ll receive an additional two, three, or four years in prison.

Your lawyer may challenge the validity of your prior convictions as part of a comprehensive defense strategy. If the court opts to strike one or more prior drug convictions from the record or otherwise invalidate the convictions, you cannot receive additional punishment for them.

If you’re facing a California powder cocaine charge and have prior convictions, you need skilled California defense lawyers fighting to safeguard your freedom. To learn more about aggressive defenses to California cocaine charges, please contact a qualified defense lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Mower hearings

When an individual in California is arrested for possessing, possessing for sale, cultivating or engaging in any other activity that relates to marijuana but is doing so for medical purposes, he or she may have a valid, legal defense. It should be noted that although The Compassionate Use Act only permits patients and their primary caregivers to possess and cultivate marijuana for personal medical use, any charges that relate to marijuana use may be applicable, if the defense attorney can convince the judge and/or jury that the activity was related to personal medical use and, as a result, the charges were inappropriately filed. In order to successfully plead this defense, it is imperative that the accused hires an experienced California criminal defense lawyer who has a thorough understanding of the laws that regulate medical marijuana use and the types of defenses that are applicable to them.

A Mower hearing provides an avenue to raise a medical marijuana defense. A Mower hearing is a type of pre-trial proceeding (equivalent to a motion to dismiss) that entitles the accused to argue his or her medical defense before going through the rigors of a trial, holding the prosecutor to a higher burden than he or she would normally face during the pre-trial phase in the criminal court process.

Patients and caregivers who are arrested for and charged with possession or cultivation of any amount of cannabis can file this type of motion to have their charges dismissed. This type of hearing arises out of a California Supreme Court case that was decided in July 2002 (People v. Mower). That case held that The Compassionate Use Act (also known as Proposition 215) provides more than just an affirmative defense (like self-defense in a murder trial) in that it actually provides those who are entitled to argue it with qualified immunity from prosecution.

“Mower” ruled that, in accordance with Prop. 215, patients and their caregivers should be protected from unnecessary prosecution, stating that possession and cultivation of marijuana (for medical purposes) is no more criminal than the possession and acquisition of any legal drug issued with a doctor’s prescription.

The court established a two-step process for those who are inappropriately arrested. First, they are entitled to a pre-trial hearing (now known as a Mower hearing) where they can ask the court to dismiss their case if they can establish by a “preponderance of the evidence” (which means that it is more likely than not) that they are, in fact, legal patients or caregivers. If that fails and they are held to answer at trial, they must only raise a “reasonable doubt” to prove their innocence. Unfortunately, much like the laws that are designed to protect patients and caregivers from overzealous law enforcement, this ruling does little to protect those individuals from arrest in the first place, since many police believe that they should still be arresting those who engage in any marijuana-related activity, leaving it to the courts to decide their innocence or guilt.

The exceptional criminal attorneys at The Kavinoky Law Firm have mastered this area of the law and are well qualified to successfully prevail in a Mower hearing, based on their in-depth knowledge of the Mower case, The Compassionate Use Act and the policies behind each. They are dedicated to helping their clients who have been unfairly targeted by the police put this frightening and frustrating experience behind them as compassionately, quickly and inexpensively as possible. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.

Personal possession of marijuana – discovering the identity of an informer

A personal possession of marijuana charge may be filed as either a misdemeanor or a felony in California, depending on whether the accused possessed concentrated cannabis or more or less than one ounce of marijuana (other than concentrated cannabis). Although personal possession of marijuana is one of the less serious offenses involving the drug, a conviction can still carry severe penalties, which is why an individual accused of this crime should contact an experienced attorney who is readily familiar with the different defenses that can beat this charge.

If the accused was arrested based on an informant’s “tip,” the identity of the informer could be relevant to the defense. If the defense can prove that the informer “framed” the accused, that the informer contacted law enforcement to escape his or her own criminal culpability, that the informer’s tip was relevant to another and that the accused was mistakenly arrested (a defense that would most likely work in a situation where the accused was arrested based on constructive or joint possession of the drug) or that the informer shouldn’t have been trusted for any other reason, a skilled defense attorney could possibly make a motion to suppress any collected evidence or to dismiss the charges altogether. This would generally be the case if the defense could show that the informer’s information would help exonerate the accused of the charged offense.

Typically, an informer’s identity and the information that he or she provided to law enforcement is privileged information that is not revealed to the defense. This is based on a public safety concern to encourage informers to come forward with information without fear of retribution. However, if the arresting officers based their probable cause to search the accused on information obtained from the informer, the identity must be disclosed if the defense so requests or the testimony must be suppressed. Even so, disclosure may not be required if there was probable cause to search the suspect apart from the informer’s communications. The purpose in a criminal case of compelling disclosure of the identity of an informant, who is a material witness on the issue of guilt, is to assure the defendant a fair trial on the offense charged. The bottom line, therefore, is that there are circumstances under which an experienced criminal defense lawyer may persuade the court that the informer’s identity is critical to the defense and to reaching a fair outcome in the case if the informer’s information is relevant to the issue of guilt. The laws relating to this issue are complex and often conflict, which is simply one of the reasons why it is important for the accused to hire a criminal attorney who specializes in California drug laws and understands all of the defenses that are applicable to a personal possession charge.

An additional issue that a knowledgeable lawyer will consider is whether the arrest was with or without a warrant. Without a warrant, the attorney would likely argue that the reliability of the informant’s information must be examined in open court to provide the defense an opportunity to cross-examine the witness. If a warrant was obtained based on the provided information, the attorney would argue that the search was improper as to his or her client and that the informer’s testimony, if elicited by him or her, would be vital to the defense.

The unsurpassed criminal attorneys at The Kavinoky Law Firm know the most effective arguments that may persuade a judge that the identity of an informer is critical to the defense’s case. Because they specialize in this area of the law, they know that informant information relied upon in a personal possession of marijuana case is often unreliable and can be easily confused. These exceptional attorneys have mastered the ways that this, in addition to the many other defenses that are applicable to this charge, can help get their clients their desired outcomes. To learn more, contact them today for a free consultation.

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As any California criminal lawyer will tell you, it is difficult to categorically say whether or not drug treatment can be used as an alternative sentence to prison time. Suspending a prison sentence in favor of rehabilitation, such as drug treatment for a drug offense or alcohol treatment for a DUI, is often within the judge/s sentencing discretion. This is especially the case when the crime charged is a misdemeanor, known sometimes as a “wobbler,”charged as a felony that could be reduced to a misdemeanor. However, several drug-related crimes are straight felonies in California, which complicates the judge’s ability to issue alternative sentences.

In California, proposition 36, called the Substance Abuse and Crime Prevention Act, sets out the ways that defendants convicted of non-violent drug offenses can qualify for a probationary sentence instead of prison time. Prop. 36, which were passed in 2000, are only available to those convicted of some non-violent drug possession crimes. So straight felony drug convictions such as possessing cocaine, heroin, or opiates, cultivation of marijuana, and sales or transportation related drug crimes are immediately not eligible. Similarly, California penal code stipulates that anyone with an incarceration in the last five years, anyone also found guilty of a non-drug related crime at the same time, any defendant who refuses treatment, or anyone who already has two separate drug convictions or participated in Prop. 36 twice already are ineligible for Proposition 36.

So barring these circumstances, you have the option of using drug treatment as an alternative to jail or prison time. But this still depends on what your California criminal lawyer can work out with the prosecution and the judge. Assuming you do qualify, most judges in California tend to prioritize treatment and rehabilitation over jail time and are very amenable to suspending an incarceration sentence if the defendant seems to be in the right state of mind and his or her lawyer makes a strong case that it was an isolated event.

If you are approved for Prop. 36 treatments, several restrictions are set and if you fail to meet any the agreed-upon requirements, your suspended sentence can be reinstated. You will have to return to court upon failing to complete, and the judge will decide how to deal with a new sentence.

Along the same lines, it is sometimes possible to have a felony conviction reduced to a misdemeanor, which carries several benefits for the defendant. It is important to discuss this and all other options with your California criminal lawyer before beginning any course of action, as sometimes one will preclude the others. However, regardless of which alternate paths you opt for, qualifying for a reduced sentence in lieu of jail time can be a life-saving opportunity.

The law of forfeiture is complex, and is rooted in ancient theories about property itself being “guilty.” Due to these odd theories, modern forfeiture laws make it fairly simple for the government to go after someone’s assets. One need not be convicted or charged with a crime before his or her property is seized and forfeited. In situations involving drugs all the government needs to do is provide some reasonable connection between the money and the drugs.

It takes an experienced lawyer to handle a forfeiture case. Forfeiture cases involve the ability to trace a connection between money and an illegal substance. It cannot always be certain that there is a connection, but often it is not difficult to come up with one that sounds reasonable. It takes true skill and sophistication to defeat the government’s attempt to force forfeiture.

There are many items that are eligible for forfeiture. The long and extensive list includes any cars, boats, airplanes, or other vehicle which is used or intended for use, as a container of any illegal substances or equipment, and raw material used in the making of the illegal substances. Of course, the illegal substances and the raw material required for their production are also subject to forfeiture.

In the area of drug-dealing, if the government believes that your car, boat, or airplane was used to facilitate the manufacture of, possession for sale, or sale of specific amounts of different drugs, that vehicle will be seized and forfeited. The laws are harsh, but they can be fought with some hard work by a qualified attorney.

All books, records, research products and materials, and any tapes or data, and devices that contain data that were used or intended for use in connection with the illegal substances may be seized.

All money, stocks, or any other thing of value that is furnished or intended to be furnished, by any person in exchange for controlled substances may be seized. These things may be seized so long as they can be traced back to an exchange for controlled substances.

Real property, including houses, is also subject to forfeiture. But, because more than one person generally lives in a house, the property will not be seized for forfeiture if it is used as a family residence or for another lawful purpose. Also, if two or more individuals own a home, so long as one of the individuals had no knowledge of the criminal activity, the property will not be forfeited.

To protect your property rights, it is best to get in touch with an experienced attorney as soon as you have knowledge of any investigative actions concerning your property. The process for forfeiture can begin before criminal charges are even filed against you. Act fast to try to save yourself from having to file appeals which can take years. The knowledgeable criminal defense lawyers of the Kavinoky Law Firm are unsurpassed in achieving the best possible results for their clients. Call them today for a free consultation.

San Francisco County Drug Charge

A San Francisco County 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.

If you’ve been arrested on a San Francisco County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a San Francisco County drug charge with the help of a skilled criminal defense lawyer. Our San Francisco County drug defense attorneys are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

Though drug laws are similar throughout California, there are different nuances within counties, court houses, and judges that may be used in your favor. Our team approach ensures that every drug case is managed by an entire team of local and knowledgeable San Francisco County attorneys. We will take care of everything.

Whether your San Francisco County drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer.

Some San Francisco County drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in a San Francisco County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A San Francisco County drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. If you’ve already been convicted of a drug charge, find out how we can get your criminal record expunged, so you that you may move on with your life without a blemish on your records. To learn more about strong defenses to felony drug charges, please contact an experienced San Francisco County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our San Francisco Office:
• San Francisco

 

 

We proudly cover these areas of Greater San Francisco County:
Bayview District, Chinatown, Fort McDowell, Fort Winfield Scott, Ingleside, Marina District, Mission District, North Beach, Potrero District, Richmond District, San Francisco, Sunset District, Western Addition, Amanico Ergina Village, Banneker Homes, Bayside Village, Diamond Heights Village, Doelger City, Eldton, Forest Hill, Forest Knolls, Frederick Douglass Haynes Gardens, Friendship Village, Glenridge, Gold Mine Hill, Golden Gate Heights, Haight-Ashbury, Ingleside Heights, Ingleside Terrace, Jordan Park, Laguna Heights, Little Italy, Little Osaka, Loren Miller Homes, Malcolm X Square, Marcus Garvey Square, Martin Luther King Square, Merced Heights, Merced Manor, North Point Public Housing, Oceanview, Opera Plaza, Pacific Heights, Park Merced, Park View Commons, Presidio Terrace, Saint Francis Square, Saint Francis Wood, Seacliff, Sherwood Forest, Silver Terrace, Stonestown, Thomas Paine Square, Valencia Gardens, Victoria Mews, Village Square, Vista Del Monte, West Portal.

Orange County Drug Charge 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.

If you’ve been arrested on an Orange County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to an Orange County drug charge with the help of a skilled criminal defense lawyer. Our Orange County drug defense attorneys are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

Though drug laws are similar throughout California, there are different nuances within counties, court houses, and judges that may be used in your favor. Our team approach ensures that every drug case is managed by an entire team of local and knowledgeable Orange County attorneys. We will take care of everything.

Whether your Orange County drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer.

Some Orange County drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in an Orange County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

An Orange County drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. If you’ve already been convicted of a drug charge, find out how we can get your criminal record expunged, so you that you may move on with your life without a blemish on your records. To learn more about strong defenses to felony drug charges, please contact an experienced Orange County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our Orange County Offices:
• Newport Beach

 

 

We proudly cover these areas of Greater Orange County:
Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda.