Clandestine Labs and Minors

Operating a clandestine lab is an extremely serious offense in California that carries harsh repercussions, and certain factors called sentencing enhancements, can, if proven, increase the punishment substantially. One possible sentencing enhancement in a California clandestine lab is the allegation that minors were present. Knowledgeable California drug attorneys from The Kavinoky Law Firm will do everything possible to protect you from the substantial consequences of a clandestine lab case with sentencing enhancements.

You cannot have the additional punishment of a sentencing enhancement imposed if you aren’t convicted of the underlying charge. And just like the underlying drug charges, sentencing enhancements must be proven beyond a reasonable doubt or you cannot receive additional punishment.

These are the sentencing enhancements that can be added to a California clandestine drug labs case if children are alleged to be present or involved:

Code Section Enhancement Sentence 11380 Utilizing, soliciting, furnishing a minor re: methamphetamine 3-6-9 11379.7 If guilty of 11379.6 or 11383 in structure where child under age 16 is present:
If 11379.6 or 11383 and child under 16 suffers great bodily injury:
Add two years

Add five years

11379.9 If 11379.6 or 11383 and death or great bodily injury occurs to an adult Add one year

It’s critical to aggressively fight both the underlying charge of operating a clandestine lab and any sentencing enhancements, such as the allegation that a minor was present, if you hope to avoid the harsh punishment of a drug manufacturing conviction.

Skilled California drug attorneys from The Kavinoky Law Firm have the experience needed to fight a clandestine lab case and any accompanying sentencing enhancements. Please contact a top California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

Clandestine Labs – Fines and Civil Recoveries

In addition to the criminal charges that you can face in a California clandestine labs case, you can also be required to pay many thousands of dollars in fines and civil recoveries intended to go toward the cost of cleaning up hazardous materials at drug labs.

If you’re convicted of California Health and Safety Code section 11379.6, in addition to a three- to seven-year prison sentence, you can also be ordered to pay a fine of $50,000 toward drug lab cleanup.

Under California Health and Safety Code section 11100.05, you can be required to pay an additional drug lab cleanup fine of $10,000 to $100,000, depending on the offense. This money is paid into the California Clandestine Drug Lab Clean-up Account.

California Health and Safety Code section 11470.1 dictates that anyone who manufactures a controlled substance, assists someone else in doing so, or profits from the operation can be ordered to pay civil damages equal to the cost of cleaning up the lab. Unfortunately, the state can sue you to recover these costs even if you are never charged with or convicted of any criminal offense.

Because the state will seek to recover its costs under H&S section 11470.1 in a civil action, the standard of proof is far lower than it is in criminal court. Whereas in criminal court you must be found guilty “beyond a reasonable doubt,” in civil court all that’s needed is a “preponderance of the evidence.” This standard of proof is commonly described as “50 percent plus a feather,” meaning that it must be just slightly more evident that one party is responsible in order for the court to enter a judgment against that party. In these actions, the state has the burden of proof.

While the state can civil damages under H&S section 11470.1 independently of a criminal case, under H&S section 11470.2b, authorities can seek to recover the cost of cleanup in a civil suit that’s concurrent with the criminal case. The standard of proof is the same.

Clearly, allegations of operating a clandestine drug lab can threaten your finances as well as your freedom. Therefore, it’s critical to have an experienced California lawyer on your side to protect you from the substantial consequences of a clandestine lab allegation. Please contact the knowledgeable California drug lawyers from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Although the Controlled Substances Act (which is federal law) still states that all marijuana use illegal, several states, including California, have enacted laws that permit its use for medicinal purposes. This issue is still widely controversial, however, as many don’t believe that smoking marijuana has any legitimate medicinal value, arguing that legalizing marijuana for medical use is simply a smokescreen which will allow for easier access to a dangerous substance. These opposing groups maintain that Marinol – a pill containing THC (the primary active ingredient in marijuana) – is the best way to get a safe and legal dose of the ingredient that is reportedly helpful to those experiencing medical problems.

Regardless of how it is publicly viewed, the fact is that medical marijuana is legal in this state. However, the burden of proving that marijuana was used, grown or distributed strictly for medicinal purposes often lies in the hands of the accused, which is why it is so important that an individual accused of participating in one of these activities contacts a California drug crime defense attorney from The Kavinoky Law Firm who knows how to effectively and successfully convey this legitimate defense.

Cannabis sativa has been used therapeutically from the earliest records, nearly 5,000 years ago to the present day and its products have been widely noted for their effects, both physiological and psychological, throughout the world. It is noted for its ability to relieve the nausea and vomiting associated with chemotherapy for cancer patients, to assist with loss of appetite with AIDS patients and to help those who have certain eye conditions. These health benefits explain why several states have enacted legislation that permits marijuana use under very specific conditions.

It should first be noted that federal laws and rulings continue to hold that all marijuana use – marijuana cultivation, distribution and consumption – is illegal and won’t be tolerated. The Supreme Court has determined that marijuana must remain a schedule 1 drug under the Controlled Substances Act, which means that they recognize no medical value for the drug. Unless that changes, any activity related to marijuana use will continue to be a federal crime.

However, California, in addition to many other states, has enacted its own legislation that permits medical marijuana use under specific conditions. In 1996, California passed Proposition 215 (also known as the Compassionate Use Act), which has been codified in California’s Health and Safety Code as section 11362.5. This section allows seriously ill Californians to use marijuana, provided they first obtain a doctor’s recommendation.

Recognizing that Proposition 215 didn’t protect users from arrest (it only gave them a defense to use in court), the legislature enacted Senate Bill 420, codified in California’s Health and Safety Code, sections 11362.7 and 11362.8. The Bill was designed to establish a voluntary, confidential patient registry, administered by the Department of Health Services. This California law regulates medical marijuana use by patients and caregivers, city and countywide, providing strict guidelines that such individuals must follow in order to avoid prosecution under this marijuana use exception.

Although these laws now exist in California, designed to decriminalize medical marijuana use, cultivation and distribution, there are still problems within the system, making it absolutely necessary for an individual accused of one of these activities to hire an attorney who knows how to effectively convey this legitimate defense to a judge and jury. The skilled criminal attorneys at The Kavinoky Law Firm specialize in California drug crime defense and have mastered the laws that apply to medicinal marijuana use. They keep on top of the latest rulings and defenses that are relevant to this specific area of the law in an effort to provide their clients with the most comprehensive defenses available. With law offices throughout California, including several in Los Angeles, they are conveniently located for anyone in need of an exceptional criminal defense lawyer. For unsurpassed legal advice from a firm dedicated to helping those charged with drug offenses, contact The Kavinoky Law Firm today for a free consultation.

Club Drugs

Most substances referred to as “club drugs” are illegal in California, and possessing, selling and manufacturing them are serious accusations that carry extremely harsh penalties. If you’re facing any kind of California club drug charges, skilled California defense attorneys from The Kavinoky Law Firm is ready to review your drug case and begin fighting for your rights.

Ecstasy, or MDMA, is one of the most commonly used club drugs in California. While Ecstasy is not a scheduled drug, it’s considered an analog of MDA, a Schedule 1 drug. An analog is a substance that has essentially the same chemical structure and/or effect as an illegal drug. Under California Health and Safety Code section 11401, you can be charged with possessing, selling or manufacturing an analog of an illegal drug and, if convicted, receive identical punishment.

Possessing Ecstasy is a misdemeanor in California punishable by up to a year in jail. However, first-time offenders who aren’t accused of any violent offenses are typically eligible for diversion.

Possession of Ecstasy for sale is a felony in California and carries far harsher punishment than simple possession. Possession of Ecstasy for sale is punishable under California Health and Safety Code section 11378 by a prison term of 16 months to three years, and diversion is not an option.

GHB is another so-called club drug that is commonly used in California. Under federal law, GHB, or gamma-hydroxybutyric acid, is a schedule I drug. Under California law, GHB, GBL and its other precursors are Schedule II drugs.

Simple possession of GHB or its precursors is what’s known as a wobbler charge – it can be filed as either a misdemeanor or a felony. Misdemeanor charges are punishable by up to one year in jail, but individuals who meet certain requirements are typically eligible for diversion. If the offense is filed as a felony, you face 16 months to three years in prison if convicted.

Sale or transport of GHB is a felony punishable by two to four years in prison. Transportation of GHB between non-contiguous counties, meaning counties that don’t share a border, is a felony punishable by three to nine years in prison.

It’s illegal to possess, sell, or manufacture many other club drugs in California, and the repercussions of breaking these laws can be extremely harsh. If you’re accused of breaking California club drug laws, a skilled defense lawyer may be able to help. A knowledgeable California defense attorneys from The Kavinoky Law Firm is ready to review your case and begin planning your defense. Please contact a skilled California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

Field sobriety tests in a DUID case

Field sobriety tests (commonly referred to as FSTs) are routinely conducted in California driving under the influence investigations, whether the driver is suspected of driving under the influence of alcohol or drugs. When testifying about the driver’s performance on these tests, the arresting officer will do his or her best to convince the judge and jury that the accused performed them improperly and displayed obvious signs of impairment. Because this type of testimony is typical in a driving under the influence of marijuana case, it is critical that the accused hires a skilled criminal defense lawyer who knows how to successfully challenge this type of evidence to help his or her client avoid the harsh penalties that are frequently imposed with this offense.

Field sobriety tests vary from state to state, from county to county and from officer to officer. Although many officers won’t tell the driver that these tests are voluntary, they are. FSTs are designed to test balance, coordination and divided attention – the skills that are deemed necessary to safely drive a car. There are a wide variety of tests that are used, but there are three that the National Highway and Traffic Safety Administration have classified as “standard,” which means that there are standard approaches for their administration and evaluation. These three FSTs include the Horizontal Gaze Nystagmus (HGN) test, which is an eye test, the one-leg stand and the walk and turn test. The main problem with these (as well as the non-standardized tests that are frequently used, such as the finger-to-nose, finger count and the hand-pat tests) as they relate to a driving under the influence of drugs (DUID) investigation is that they were designed to test a driver impaired by alcohol, not drugs. Studies have been conducted that reveal that individuals who have used marijuana have shown impaired abilities when it comes to maintaining balance, however, illness, fatigue and nerves can also contribute to this phenomenon.

In a vigorous effort to convict the accused, the prosecutor will have the arresting officer testify about and demonstrate all of the ways that the accused didn’t perform the tests as he or she was instructed. The prosecutor will then argue that the accused displayed mental and/or physical impairment when he or she could not mentally or physically follow the simple instructions that were provided at the beginning of the FSTs. However, a savvy criminal attorney will use those exact same tests to show a lack of physical and mental impairment and will simultaneously reveal the officer’s true bias towards making an arrest. The lawyer will ask the officer to testify about the overwhelming number of things that the accused did correctly when performing these tests, pointing out for the judge and jury that the discrepancy clearly indicates mental and physical competence and that the officer was only concerned with those issues that pointed to the driver’s guilt.

Clearly, the accused faces a tough situation when all the evidence seems to be pointing to his or her guilt. Seasoned officers and prosecutors know exactly what type of evidence to present to the judge and jury to make it seem like a suspected drugged driver is overwhelmingly guilty of driving under the influence of marijuana. The good news, however, is that a seasoned DUI defense attorney is just as capable as challenging this evidence to show that not only did the driver display signs that showed that he or she was perfectly capable of driving safely but that the officer conducted a biased investigation, only collecting evidence that pointed to guilt, dismissing evidence that pointed to innocence. The outstanding California DUID attorneys at The Kavinoky Law Firm have mastered the defenses that are available to an individual facing this charge. With law offices located throughout California, including several in Los Angeles, they are easily accessible for anyone in need of unsurpassed representation. For the most trusted legal advice, contact them today for a free consultation.

California Marijuana Laws – Possession of marijuana for sale – medical marijuana

Possession of marijuana for sale is a felony in California, punishable by sixteen months, two or three years in state prison. The charge, in essence, consists of possessing marijuana with the intent to sell it. If charged with this offense, it is critical for the accused to contact an experienced California drug defense attorney who not only knows all of the defenses that are applicable to this charge but who also knows how to effectively convey them to a judge and jury.

Possession of marijuana for sale has three basic “elements” or facts that require proof before an individual can be convicted of the crime, which include an “intent to sell” the drug, knowledge of the presence of the drug and knowledge of its illegal character. Possessing marijuana for medical purposes provides a defense to this charge.

Medical marijuana laws apply to qualified patients and their caregivers and to patients and caregivers who hold valid state-issued identification cards. “Patients” are those who have received a doctor’s recommendation to use marijuana for its noteworthy health benefits and their caregivers are those who provide their care on a regular basis. Those known as “qualified patients” are those who do not hold I.D. cards – they and their caregivers are supposed to be exempt from California’s personal possession and cultivation laws. Under a separate law, patients and caregivers (those who hold identification cards and those who don’t) are additionally protected from this charge, from transporting marijuana and from certain other laws that refer to unlawful activities in unlawful places. Even though this is the case, they are often arrested and charged due to overzealous police officers and prosecutors. When such is the case, it is extremely important that the accused immediately consults with a skilled criminal defense lawyer who practices this area of the law so that the case can be resolved as quickly as possible.

Possession of marijuana for medical purposes may serve as a defense for any of these individuals, as they do not have the required “intent” to sell marijuana, nor is there any knowledge of an illegal character, since they are legally entitled to possess the drug. So while a patient or caregiver may possess marijuana and all of the paraphernalia that is commonly associated with a “for sale” offense, he or she should be able to beat this charge with the help of a knowledgeable lawyer.

It should be noted that patients and caregivers who are either additionally or exclusively charged with personal possession (which is considered a much less serious offense), are also entitled to use this defense if they have otherwise abided by the laws that regulate marijuana’s medical use.

Unfortunately, many law enforcement officers are skeptical of a medical marijuana defense, which is why they are quick to arrest anyone who has anything to do with this drug. The result is that an attorney must be hired to resolve the situation. When this happens, it is imperative that the accused contacts the unsurpassed criminal attorneys at The Kavinoky Law Firm to get the matter taken care of in an efficient and favorable manner. These attorneys specialize in California drug crime laws and their defenses and are dedicated to protecting the rights of their clients. They have law offices throughout California, enabling them to provide their outstanding services to anyone in need. For the most trusted legal advice and exceptional representation, contact them today for a free consultation.

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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• Supreme Court Ruling

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.

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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.