Category: Drug Crimes

Drug Crimes | No Cuffs

Crack and Base Cocaine and Firearm Charges

 

California crack or base cocaine charges carry harsh consequences, and factors called sentencing enhancements can increase those repercussions even more. One possible source of sentencing enhancements in California crack or cocaine base cases is the possession or use of firearms.

If you’re facing a California cocaine base or crack case involving a gun enhancement, you need a knowledgeable drug defense lawyer fighting for your freedom. A top California drug attorney from The Kavinoky Law Firm will do everything possible to fight both your underlying drug charge and any firearm sentencing enhancements.

The prosecutor must prove your guilt in both the underlying crack or cocaine base charge and any firearm enhancements if the court is to impose the additional sentencing enhancement. You cannot be punished for a firearm enhancement if you are not convicted of the underlying crack cocaine offense.

The following sentencing enhancements involving guns can be included in a California cocaine base or crack case:

Section Number Enhancement Sentence 11550e 11550 (under the influence) while in personal possession (including passenger compartment of vehicle) Misdemeanor or 16-2-3 11370.1 11350 while armed with a loaded, operable firearm 2-3-4
No diversion or deferred entry of judgment PC 12022c 11351.5 or 11352 (or attempt) while armed with a firearm (loaded or unloaded, operable or inoperable) Full consecutive 3-4-5 12022a Armed with a firearm (loaded or unloaded) during the commission of any felony Add one year

Fortunately, your defense lawyer can mount an aggressive defense to both a firearm enhancement and your underlying cocaine base or crack charge. One possible strategy that your defense lawyer may use is a motion to suppress evidence. If investigators didn’t follow the proper protocol when gathering evidence against you, it may be inadmissible.

To learn more about comprehensive defenses to crack cocaine charges and firearms enhancements, please contact an experienced California drug lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

PCP Weight Enhancements

PCP Weight Enhancements

In California, it’s against the law to possess, sell, possess for sale, and manufacture PCP, and a conviction for any of these offenses is typically punishable with repercussions that can include jail or prison time. In addition to the underlying drug charges filed in a PCP case, California law allows for certain sentencing enhancements that, if proven, can increase your punishment. One possible enhancement in a California PCP case is a weight enhancement.

Just like the underlying PCP charge, any sentencing enhancement must be proven beyond a reasonable doubt or you cannot receive the additional punishment. In addition, if you are not convicted of the underlying drug charge, you cannot be convicted of a sentencing enhancement.

These are the weight enhancements that can be filed in a California PCP case:

Code Section Enhancement Punishment PC 1203.07(a)(4) Possession for sale of more than 14.25 grams (.5 ounce) and 11378.5 No probation, no discretion 11370.4b1 More than one kilogram or 30 liters Add three years 11370.4b2 More than four kilograms or 100 liters Add five years 11370.4b3 More than 10 kilograms or 200 liters Add 10 years 11370.4b4 More than 20 kilograms or 400 liters Add 15 years 11379.8 If 11379.6 (manufacture) and more than one pound/three gallons Add three years 11379.8 If 11379.6 (manufacture) and more than three pounds/10 gallons Add five years 11379.8 If 11379.6 (manufacture) and more than 10 pounds/25 gallons Add 10 years 11379.8 If 11379.6 (manufacture) and more than 44 pounds/105 gallons Add 15 years

In addition to the underlying drug charges and weight enhancements that can be filed in a California PCP case, other possible enhancements include those for prior convictions, firearms, locations, and minors.

If you’ve been charged with any type of California PCP offense, a skilled drug defense lawyer will do everything possible to protect you from substantial consequences. Skilled California defense attorneys from The Kavinoky Law Firm can review your case and begin developing the most promising challenges. Please contact a knowledgeable California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

Marijuana penalties

California Marijuana Laws – penalties

The penalties facing an individual accused of an illegal marijuana-related activity in California vary, depending on a variety of circumstances that only a skilled California drug crime defense attorney will be prepared to successfully defend against.

The unauthorized possession of marijuana for personal use will typically be filed as a misdemeanor. Possessing “concentrated cannabis” could result in a misdemeanor, punishable by up to one year in jail and a maximum $500 fine or in a felony, punishable by imprisonment in the state prison. Possessing more than one ounce of marijuana (other than concentrated cannabis) is a misdemeanor, punishable by up to six months in jail and the same maximum fine. An individual possessing not more than one ounce of marijuana faces a misdemeanor, punishable by a maximum $100 fine. However, if an individual possessed not more than one ounce upon school grounds, he or she faces a misdemeanor, punishable by up to 10 days in jail and a maximum $500 fine. A savvy criminal attorney knows to request a drug treatment program as an alternative sentencing option to jail or prison.

Cultivating and possessing marijuana for sale are both felony offenses, punishable by 16 months or two or three years in the state prison. In addition to this prison sentence, a possession for sale charge also carries a maximum $20,000 fine. An individual accused of either of these offenses will generally be ineligible for drug diversion unless his or her criminal defense lawyer can convince the court to reduce the charge to one of simple possession.

Transporting, importing, selling, furnishing, administering or giving away marijuana (or simply offering to do any of these activities) is a felony, punishable by two, three or four years in prison and a fine of up to $20,000.

Participating in any marijuana-related activities with a minor subjects the accused to a felony, punishable by three to nine years in the state prison (for a first offense) and could result in a lifetime sentence for an individual who has been convicted three or more times of such an offense. A maximum $20,000 fine also faces the accused, even if the offense is only his or her first.

California considers manufacturing marijuana one of the most serious felonies and punishes an individual convicted of this offense with three, five or seven years in prison. It even punishes an individual who only offered to manufacture the drug with three, four or five years in prison. In addition, an individual who is convicted of this offense (who has prior felony violations for a variety of drug-related offenses) faces a full, separate and consecutive three-year prison term for each prior violation, even if the prior conviction didn’t result in a prison sentence.

Anyone convicted of selling or furnishing a substance falsely represented to be marijuana, possessing marijuana, transporting marijuana, involving a minor in a marijuana-related offense or of operating or maintaining a place where unlawful activities relating to marijuana take place will be ineligible to receive a probationary or suspended sentence if he or she has been previously convicted of most other drug offenses.

Anyone convicted of a marijuana-related offense will additionally be charged fees that range from $50 to $150 for laboratory analysis and drug programs. It should be noted that these fees will be assessed per offense. In addition, anyone who receives probation for one of these offenses will also be required to complete a drug education or treatment program, and failure to do so will result in an aggravated sentence upon a subsequent drug conviction. Depending on the circumstances of the alleged offense, a judge also has the discretion to order the accused to participate in additional counseling or education programs, such as parenting or anger management.

California Marijuana and Drug Defense Lawyer

The key to avoiding these harsh penalties lies in hiring an experienced attorney. The outstanding lawyers at The Kavinoky Law Firm specialize in California drug crime defense and excel in obtaining favorable deals for their clients. To learn more, contact them today for a free consultation and for unsurpassed representation.

PCP

PCP Offense

PCP is a schedule II drug under California Health and Safety Code section 11055 (e) (3)), and is illegal to use, possess, sell, possess for sale, and manufacture. A California PCP conviction carries harsh repercussions that include prison time in many cases, so it’s critical to mount an aggressive defense to these charges. Experienced California drug defense lawyers from The Kavinoky Law Firm is prepared to review your case and build a comprehensive defense to your PCP charge.

There are numerous charges that can be filed in a California PCP case, including possession, sale, possession for sale, and manufacturing. Most California PCP charges are felonies that carry significant prison time. A few PCP offenses can be filed as either misdemeanors or felonies, although prosecutors often pursue the more serious charge.

In addition to the charges that can be filed in a California PCP case, there are numerous sentencing enhancements that, if proven, can substantially increase your punishment. Sentencing enhancements can be filed in California PCP cases for weight, prior convictions, firearms, locations, and the allegations that your alleged PCP offenses involved minors.

Fortunately, experienced California drug defense lawyers have numerous tools in their arsenals to aggressively defend PCP charges. One of the most potent tools a defense attorney can employ in a California drug case is a motion to suppress evidence. Police must follow certain protocol when gathering evidence against you, and if they fail to adhere to those guidelines, the evidence against you may be excluded.

You may be eligible for alternative sentencing that could help you avoid all or part of a jail or prison sentence in a California PCP case. Proposition 36, drug court and diversion are some ways that California drug defendants may avoid incarceration.

If you’re charged with a California PCP offense, it’s important to have a skilled drug defense lawyer fighting for your rights. Seasoned California drug attorneys from The Kavinoky Law Firm are ready to analyze your case and develop a promising defense strategy. Please contact a knowledgeable drug defense lawyer today at 1.800.NO.CUFFS for a free consultation.

Defenses to possession of marijuana for personal use

Defenses to possession of marijuana for personal use

Possession of marijuana for personal use may be filed as either a misdemeanor or a felony in California, depending on the type and quantity of the marijuana. Possession of marijuana for personal use is considered a much less serious charge than possession of marijuana for sale, although it still carries stiff penalties itself. In order to avoid any of the consequences that are associated with this offense, it is imperative that an individual accused of possessing marijuana drugs for personal use hires an attorney who excels in this area of the law and who knows what defenses will most likely convince a judge and jury that his or her client should not be convicted.

Some of the most common defenses that may apply to possession of marijuana for personal use include medical marijuana, insufficient quantity, lack of knowledge, temporary possession for disposal, illegal search and seizure and entrapment.

Medical marijuana may be used as a defense when an individual either possesses the marijuana as a qualified patient, a person holding an identification card or a primary caregiver. These individuals have received permission by the state’s Compassionate Use Act to legally possess, cultivate or distribute marijuana, so long as the patient has received a doctor’s recommendation for its use.

Insufficient quantity or use may be used as a defense when only useless traces of marijuana residue are found or when the marijuana found can’t be used for narcotic purposes or for growing the plant.

Lack of knowledge would most likely be used as a defense in a case where the accused was charged with constructive or joint possession of marijuana. This type of defense would certainly apply where only circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it), linked the accused to the offense.

Temporary possession for disposal may be used as a defense if it can be argued that the accused only momentarily “possessed” the marijuana because he or she was in the process of disposing of it.

Illegal search and seizure may be used as a defense under a variety of circumstances. This defense may apply if a warrantless search is conducted of one’s residence, under circumstances involving a vehicle or where an inappropriate “pat-down” has been conducted. This list is by no means exclusive, which is why it is critical that a skilled criminal defense lawyer who specializes in California drug crimes is consulted, as he or she will be able to review the case file and determine whether or not there was an illegal search and seizure and how to best convince the court that one took place.

Entrapment may be used as a defense if the only reason that the accused possessed the marijuana was because he or she was pressured into doing so by the police for any number of reasons. If entrapment is an appropriate defense, a seasoned attorney will make a motion to dismiss at the outset of the case.

As previously stated, these are simply the most common defenses that arise in connection with possession cases. An experienced defense attorney who regularly practices California marijuana defense will have an in-depth knowledge about these as well as a variety of other defenses that will help resolve their client’s personal possession case in a favorable way. The outstanding criminal attorneys at The Kavinoky Law Firm have mastered this area of the law and are prepared to vigorously defend any client charged with marijuana possession. They have law offices located throughout Los Angeles and California, enabling them to provide their excellent services to anyone in need of a California drug crime defense lawyer. Contact them today for a free consultation and for unsurpassed representation.

Possession of marijuana for sale – discovering the identity of an informer

Possession of marijuana for sale – discovering the identity of an informer

Possession of marijuana for sale, in California, is a felony offense punishable by imprisonment in the state prison, heavy fines and a host of additional penalties. Because the consequences of this charge are so severe, it is absolutely necessary for an individual charged with this offense to immediately consult with an experienced California drug crime attorney who has mastered the defenses that are applicable to this crime.

Discovering the identity of an informer could be a useful defense to a possession of marijuana for sale case if the informer had his or her own motive for reporting the allegedly criminal behavior – either because he or she was trying to escape his or her own criminal culpability or because he or she was jealous of or angry at the accused, possibly even framing the individual for illegal marijuana possession.

There is well settled law that establishes a privilege against disclosing the identity of an informer who provides information to a law enforcement agency or judge in the reporting of criminal activity. If the informer provides enough information to a judge, which convinces the judge to execute a search warrant and the warrant is valid on its face and leads to the seizure of marijuana and any related paraphernalia, the identity of the informant is generally kept confidential. However, a savvy criminal attorney, who specializes in California drug crime defense, knows the most effective arguments to convince a judge that the identity of the informant can have a critical impact on the outcome of the case. It should be noted that in a case where there the informant provided information that lead to a warrantless arrest, the attorney would argue that the reliability of the informant must be examined in open court, a defense supported by California law.

The privilege to refuse to disclose the identity of an informant is limited by purpose, so the issue of fairness must be considered. California courts have stated that when the disclosure of an informer’s identity and/or the contents of his or her communication is relevant and helpful to the defense or is essential to a fair resolution of the case, the privilege must give way. This is the exception to the general rule that such disclosure is privileged, which allows a skilled criminal defense lawyer an opportunity to show that the identity is vital to the defense’s case. If, after being ordered to disclose the information the prosecuting agency still refuses to do so, the possession of marijuana for sale charges may ultimately be dismissed.

The outstanding attorneys at The Kavinoky Law Firm know how to persuade a judge that an informant’s identity or statements should be disclosed. They understand that one of the key factors that the court looks to when evaluating such a request is whether the informant is a potential material witness on the issue of guilt. Knowing all too well that informants often have their own guilty or inappropriate reasons for contacting law enforcement about the activities of another, they know how to successfully articulate why such an informer would be a material witness on the issue of guilt (which, in a possession for sale case revolves around intent to sell and knowledge), which would then provide the attorney with the opportunity to examine the witness.

The laws that regulate the disclosure of an informant are technical and complex, which is why only a criminal attorney who has mastered the laws that relate to California’s drug offenses should attempt to challenge them. The exceptional lawyers at The Kavinoky Law Firm specialize in this area of the law and are well equipped to successfully demand disclosure of such important, possibly exonerating evidence. To learn more about the laws that protect an informer and the variety of other defenses that apply to a California possession of marijuana for sale charge, contact these unsurpassed attorneys today for a free consultation.

Santa Clara County Drug Charge

Santa Clara County Drug Charge

A Santa Clara 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 Santa Clara County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a Santa Clara County drug charge with the help of a skilled criminal defense lawyer. Our Santa Clara 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 Santa Clara County attorneys. We will take care of everything.

Whether your Santa Clara 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 Santa Clara 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 Santa Clara County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A Santa Clara 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 Santa Clara County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our Bay Area Office:
San Francisco

 

 

 

We proudly cover these areas of Greater Santa Clara County:
San Jose, Alum Rock, Cambrian Park, Willow Glen, East San Jose, Alviso, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, Santa Clara, Saratoga, Sunnyvale, Buena Vista, Burbank, East Foothills, Fruitdale, Lexington Hills, Loyola also known as Loyola Corners, San Martin, Seven Trees, Stanford, Sunol-Midtown, Bell Station, Casa Loma, Chemeketa Park, Coyote, Lexington Hills, Rucker, San Antonio.

Ventura County Drug Charge

Ventura County Drug Charge

A Ventura 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 Ventura County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a Ventura County drug charge with the help of a skilled criminal defense lawyer. Our Ventura 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 Ventura County attorneys. We will take care of everything.

Whether your Ventura 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 Ventura 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 Ventura County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A Ventura 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 Ventura County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

 

 

 

We proudly cover these areas of Greater Ventura County:
Arbolada, Bardsdale, Buckhorn, Camarillo, Camp Bartlett, Camulos, Casa Conejo, Casitas Springs, Cavin, Channel Islands Beach, Chatsworth Lake Manor, Chrisman, Community Center, , El Rio, Epworth, Fairview, Fillmore, Greenwich Village, Haines, Hollywood Beach, Hollywood by the Sea, Keith, Kevet, Kimball, La Conchita, Lagol, Leesdale, Limon, Limoneira, Live Oak Acres, Matilija Springs, Meiners Oaks, Mira Monte, Montalvo, Moorpark, Moorpark Home Acres,  Mountclef Village, Newbury Park, North Fillmore, Nyland, Oak Park, Oak View, Oak Village, Ojai, Ojala, Ortonville, Oxnard, Oxnard Beach, Pierpont Bay, Piru, Port Hueneme,  Santa Paula, Santa Susana, Santa Susana Knolls, Saticoy, Sea Cliff, Sespe, Sespe Village, Silver Strand, Simi Valley, Solromar, Somis, Springville, Strathearn, Sulphur Springs, Thousand Oaks, Ventura, Virginia Colony, Wadstrom, Weldons, West Saticoy, Wheeler Springs, Arroyo MH Park, Arts Trailer Court, Cabrillo Village, Camarillo Mobile Estates, Casa del Norte, MH Community, Casitas MH Park, Conejo Valley Trailer Park, Corriganville, Del Francia, Mobile Estates, El Dorada Mobile Estates, El Sereno Estates MH Park, Faria, Foster Park, Friendly Village MH Park, Golden Oaks Mobile Estates, Golden Oaks MH Park, Howell Place, Lamplighter MH Park, Leisure Village, Matilija, Meiners Oaks Trailer Park, Muscle Shoals, North Ranch, Ojai Valley Estates MH Park, Old Town, Owl Mobile Manor, Oxnard Shores,  Pleasant Valley MH Park, Rancho Adolfo MH Estates, Rancho Santa Paul MH Park, Rincon, Royal Palms MH Park, Spanish Hills, Stauffer, Strickland Acres, Sycamore Cove, The Colony MH Park, Triunfo Corner, Vickers Hot Springs, Villa del Arroyo MH Estates.
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Humboldt County Drug Charge

Humboldt County Drug Charge

A Humboldt 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 Humboldt County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a Humboldt County drug charge with the help of a skilled criminal defense lawyer. Our Humboldt 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 Humboldt County attorneys. We will take care of everything.

Whether your Humboldt 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 Humboldt 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 Humboldt County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A Humboldt 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 Humboldt County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

 

 

 

We proudly cover these areas of Greater Humboldt County:
Alderpoint, Alliance, Alton, Arcata, Arlynda Corners, Bayside, Bayview, Beatrice, Belleview, Benbow, Berry Glenn, Big Lagoon, Blocksburg, Blue Lake, Bracut, Brainard, Briceland, Bridgeville, Bucksport, Bull Creek, Burlington, Cain Rock, Calville, Capetown, Carlotta, Clam Beach, Cooks Valley, Crannell, Cutten, Dinsmore, Elk River, Englewood, Essex, Ettersburg, Eureka, Fairhaven, Fernbridge, Ferndale, Fernwood, Fieldbrook, Fields Landing, Fisher, Fort Seward, Fortuna, Freshwater, Freshwater Corners, Fruitland, Garberville, Glendale, Hacketsville, Harris, Holmes, Honeydew, Hookton, Hoopa, Humboldt Hill, Hydesville, Indianola, Johnsons, King Salmon, Kneeland, Korbel, Korblex, Larabee, Loleta, Lone Star Junction, Manila, Maple Creek, Maple Grove, McCann, McKinleyville, Miranda, Moonstone, Myers Flat, Myrtletown, Newburg, Oak Glen, Orick, Orleans, Patricks Point, Pecwan, Pepperwood, Petrolia, Phillipsville, Pine Hills, Port Kenyon, Redcrest, Redway, Ridgewoods Heights, Rio Dell, Riverside, Riverside Park, Rohnerville, Rosewood, Samoa, Scotia, Shelter Cove, Shively, Spruce Point, Stafford, Steelhead, Stone, Sunny Brae, Thorn Junction, Trinidad, Tyee City, Waddington, Waseck, Weitchpec, Weott, Westhaven, Whitethorn, Whitlow, Willow Creek, Worswick, Yager Junction.
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Retroactive Sentencing Guidelines in Crack Cocaine Cases

Retroactive Sentencing Guidelines in Crack Cocaine Cases

Thousands of people convicted of crack cocaine offenses may be eligible for retroactive sentence reductions because of revised guidelines by the U.S. Sentencing Commission. An estimated 19,000 defendants will be impacted by these retroactive changes, which took effect March 3.

However, a sentence reduction isn’t automatic – it must be ordered by a federal judge. To find out whether retroactive changes in crack cocaine sentencing guidelines apply to your case, contact an experienced lawyer from The Kavinoky Law Firm.

Not all crack cocaine defendants will be eligible for a lower sentence. A federal sentencing judge will decide whether the offender is eligible for a lower sentence and how much the sentence will be reduced.

A federal judge determining whether to reduce a crack cocaine offender’s sentence will weigh numerous factors, including whether a reduced sentence will endanger the public.

The impact of these revised guidelines is expected to occur incrementally over the next 30 years, because many crack cocaine offenders will still be required under federal law to serve mandatory five-, ten-, or 20-year sentences even under the revised guidelines.

These latest revisions to the crack cocaine sentencing guidelines are part of an ongoing effort to equalize the punishment for powder and crack cocaine offenses. In its 2002 report to Congress titled “Cocaine and Federal Sentencing Policy,” the U.S. Sentencing Commission found that the original sentencing guidelines for crack cocaine exaggerated the relative harmfulness of the drug, were too broad and disproportionately targeted lower-level offenders, were disproportionate to the seriousness of the offense, and unfairly impacted minorities.

Between 1995 and 2007, approximately 56,000 defendants were sentenced under the harsher crack cocaine guidelines despite efforts to narrow the disparity between sentences for powder and crack cocaine.

If you or someone you care about was sentenced for a crack cocaine offense during that time period, it may be possible to have the sentence reduced. To learn more about retroactive sentencing guidelines in crack cocaine cases, contact a knowledgeable California lawyer from The Kavinoky Law Firm today for a free consultation.