A California PCP conviction carries substantial repercussions which often include prison time, and the addition of factors called sentencing enhancements increases the potential punishment even more. One possible sentencing enhancement in a California PCP case can be filed if you’re accused of involving minors in your alleged drug offense. Knowledgeable California defense attorneys from The Kavinoky Law Firm will fight aggressively to protect you from the harsh consequences of both a PCP drug charge and the sentencing enhancement of involving a minor.

Sentencing enhancements must be proven beyond a reasonable doubt, just like the underlying PCP charge, or you cannot receive additional punishment. If you aren’t convicted of the underlying PCP drug charge, you can’t be convicted of or receive additional punishment for a sentencing enhancement.

There is only one possible sentencing enhancement involving a minor that can be filed in a California PCP case. Under California Health & Safety Code section 11380, utilizing, soliciting or furnishing a minor with PCP is a felony sentencing enhancement punishable by three, six or nine additional years in prison. Under California’s determinate sentencing laws, the judge can impose the lower, middle or upper term depending on mitigating or aggravating factors — issues that prompt the court to impose a harsher or more lenient sentence.

If the prosecutor files a sentencing enhancement under California H&S 11380, he or she will also likely file a count under California Penal Code section 1203.07a8, which specifies that the defendant is not entitled to probation and that the judge has no discretion in the matter.

If you’re facing PCP charges that allegedly to involve minors, you face substantial punishment and need an aggressive defense strategy. An experienced California drug lawyer from The Kavinoky Law Firm has the skills needed to fight for your rights. Please contact knowledgeable California defense attorneys today at 1.800.NO.CUFFS for a free consultation.

PCP Charge and Locations

A California PCP charge carries harsh consequences, and those repercussions can be made even greater by factors known as sentencing enhancements. The location where the alleged offense was committed is one factor that can trigger a sentencing enhancement in a California PCP case. If you’re facing a California PCP Drug Charge, skilled California defense attorneys from The Kavinoky Law Firm will do everything possible to protect you from the serious consequences of a drug charge.

The same constitutional protections apply to sentencing enhancements as to underlying drug charges – your guilt must be proven beyond a reasonable doubt or you cannot receive additional punishment. Also, you cannot be convicted of a sentence enhancement unless you’re also convicted of the underlying drug charge.

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

Code Section Enhancement Additional 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 a 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 11379.5b Transports for sale to non-contiguous county 3-6-9 11380.5 Possession for sale or sale at public park or ocean-front beach Add one year

A location sentencing enhancement can add years to an already lengthy sentence in a California PCP case, so it’s critical to aggressively fight the charges. A skilled California drug lawyer from The Kavinoky Law Firm is well-versed in the defenses to PCP charges. Please contact the knowledgeable California defense attorneys today at 1.800.NO.CUFFS for a free consultation.

California Marijuana Laws – Selling, furnishing or administering marijuana

Selling, furnishing or administering marijuana (or attempting or offering to do the same) will be charged as a felony offense in California if the marijuana in question weighed more than one ounce (28.5 grams) and will be charged as a misdemeanor if the marijuana (other than concentrated cannabis) weighed one ounce or less. The felony charge is punishable by two, three or four years in state prison, the misdemeanor by a maximum $100 fine. In order to avoid the harsh consequences that are associated with a felony conviction on this charge, it is vital for the accused to hire a California drug crime defense attorney who knows how to defend against this offense.

Every person who sells, furnishes or administers marijuana is guilty of the crime of illegally selling marijuana. “Selling” marijuana means exchanging marijuana for cash, favors, services, goods or other non-cash benefits. “Furnishing” marijuana means to supply or provide the drug. “Administering” marijuana means directly applying the drug to another for that person’s immediate needs, by injection, inhalation, ingestion or any other means, by someone other than a doctor or a doctor’s staff. In order to convict the accused of this offense, it must be proven that he or she sold, furnished or administered marijuana and that he or she knew about the presence of the drug and about its narcotic character. If the accused is charged with offering to sell, furnish or administer marijuana, it must be proven that he or she offered to do the act and that he or she had the specific intent to do so.

When charged with illegally selling marijuana, the accused will likely be charged with possession of marijuana for sale. The prosecution will argue that a “for sale” charge is necessarily included in an illegal selling charge, because in order to sell the marijuana one must first possess it, either personally, constructively or jointly. However, this isn’t always the case. A good criminal defense lawyer has studied the cases and laws that relate to this charge and knows that courts have held that a possession for sale charge isn’t invariably included in a charge of furnishing marijuana. He or she also knows to review all the facts of his or her client’s case in an effort to uncover the fact that (especially in an “offer to sell” case) the accused didn’t actually possess the drug at the time the offer was made. An experienced attorney is also aware of the fact that where the only possession shown is necessarily incidental to its sale or furnishing, separate convictions for sale and possession would be invalid.

If the court finds that the accused may be charged with multiple offenses, sentencing becomes an issue – an issue that only a qualified drug attorney should attempt to address, due to the technical and complex nature of sentencing. The issue is raised if the accused is properly convicted of multiple counts because, depending on the circumstances, it may only be legal to sentence him or her on one of them. The savvy lawyer knows that in order to avoid sentencing on multiple counts, it must be shown that the different charges all arose out of the same “indivisible course of criminal conduct” and further knows the most compelling arguments to convince a judge that that was the case.

The exceptional criminal attorneys at The Kavinoky Law Firm specialize in everything that is related to California’s drug laws and defenses. They know what it takes to beat a selling, furnishing or administering marijuana charge and are dedicated to doing just that. With law offices throughout California, including several in Los Angeles, they are easily accessible to anyone needing outstanding representation from a California drug crime defense attorney. For the most valued legal advice and unsurpassed legal service, contact them today for a free consultation.

California Cocaine Charges Involving Firearms

California powder cocaine charges carry extremely harsh repercussions, and sentencing enhancements — factors that substantially increase punishment — can add years to a prison sentence. Possessing or using a firearm is one sentencing enhancement that can be filed in a California cocaine case.

If you’re facing a California cocaine charge, you want an experienced drug defense lawyer doing everything possible to safeguard your freedom. Qualified California defense attorneys from The Kavinoky Law Firm have the experience and skills you need to aggressively defend you on any cocaine charge.

Just like the underlying cocaine charge, any sentencing enhancements such as those involving guns must be proven beyond a reasonable doubt if you are to receive additional punishment. You can’t be punished for a sentencing enhancement if you’re acquitted of the underlying drug charge.

Many sentencing enhancements have the same punishment structure as felony convictions — a lower, middle and upper term expressed in months or years. The sentence that is applied depends on the facts of the case.

The following firearms enhancements can be filed in a California cocaine case:

Section Number Enhancement Sentence 11550e Possession of a loaded, operable gun while under the influence (11550) Misdemeanor or 16-2-3 11370.1 Possession of a loaded, operable firearm while possessing cocaine (11370) 2-3-4
(No diversion or DEJ) PC 12022c Possession of a loaded or unloaded, operable or inoperable firearm during sale (11351) or possession for sale (11352) Full consecutive 3-4-5
(if vicarious, 12022d,
add 1-2-3)
PC 12022a Armed with a loaded or unloaded firearm during the commission of any felony Add one year

Your California defense attorneys will thoroughly analyze your California cocaine case before planning a comprehensive defense strategy designed to address both the underlying drug charge and any guns and firearm enhancement.

One tactic your drug defense lawyer may employ is a motion to suppress evidence. This type of motion questions whether police followed proper procedure when seizing evidence, and may be directed at drug evidence, firearms, or both.

The allegation of possessing or using a firearm during the commission of a California cocaine offense can add years to an already lengthy prison sentence, but it’s possible to fight both the underlying drug charge and the sentencing enhancement.

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

Asset forfeiture is the process by which the government seizes one’s property that it believes is “reasonably” connected to illegal activities. With respect to marijuana or other drug offenses, this property can be anything from the facility used to manufacture or store the drug, to the vehicle used to transport the drug to any money that is associated with the purchase or the sale of the drug. Because the government has a relatively low burden to meet in order to obtain one’s property under forfeiture law, it is absolutely necessary for an individual who has been accused of any marijuana-related activity to immediately contact one of the well versed and experienced criminal attorneys at The Kavinoky Law Firm in order to protect his or her rights and assets.

Non-judicial forfeiture proceedings are one type of asset forfeiture proceeding – civil and criminal are the other two. Non-judicial forfeiture proceedings include “summary forfeiture” and “administrative forfeiture” proceedings, neither of which requires judicial involvement. A “summary forfeiture” is the process by which the government seizes property without any notice to or hearing for the owner. The only type of property that may be summarily forfeited is that which is illegal “per se,” which means illegal on its face and includes dangerous, toxic or hazardous raw materials or products and their containers. “Administrative forfeiture” must be specifically permitted by law, otherwise property may only be forfeited through formal court action. An administrative forfeiture is the process by which property is forfeited to the government by the investigative agency that seized it.

A non-judicial, administrative forfeiture proceeding, if applicable, pertains to property that does not exceed $500,000 (which includes vehicles, merchandise or baggage), is illegally imported (regardless of its value), is a vehicle that was used to import, export, transport or store marijuana (regardless of its value) or is a monetary instrument (that is, any money, domestic or foreign, traveler’s checks, stocks, checks, bank notes and money orders) whose value again, is irrelevant. Real property (such as buildings and homes) and multiple items of property that are seized that total more than $500,000 must be forfeited through judicial proceedings.

Property that has been seized may be returned to an individual who shares an ownership in the property if it is proven that the individual had no knowledge or reason to know of the property’s illegal use or of the accused individual’s criminal record or reputation. Property that is likely to perish, waste, greatly depreciate in value or that is simply too expensive to maintain during the administrative proceeding may be sold by the seizing agency (under certain conditions) and the proceeds will be treated as a substitute for the original property in the ensuing forfeiture.

When an agency decides to proceed with an administrative forfeiture proceeding, it must inform the owner within 60 days of the date of seizure (in most circumstances) in order to avoid a claim by the property owner that his or her Constitutional rights were violated. There are very specific guidelines that regulate how notice must be given, which is one of the reasons why it is so important to retain a skilled attorney who has mastered this area of the law and who therefore knows when rules and regulations have not been followed.

Judicial review of an administrative forfeiture may take place if the property owner feels that he or she is entitled to lawful possession of the property because his or her property was accidentally, fraudulently or improperly seized. In order to obtain such a review, the property owner must overcome some serious hurdles. The outstanding attorneys at The Kavinoky Law Firm are dedicated to protecting the rights and property of their clients and know what arguments to raise to effectively challenge asset forfeitures. To speak to one of their exceptional lawyers, contact the firm today for a free consultation.

Personal possession of marijuana – entrapment

Personal possession of marijuana, in California, may be charged as either a misdemeanor or as a felony, depending on the circumstances of the alleged offense. While the crime isn’t as serious as a possession of marijuana for sale charge, an individual convicted of this offense still faces jail or prison time, heavy fines, probation and a variety of additional consequences, which is why the accused should immediately contact a criminal defense lawyer who is knowledgeable on this subject and who knows what defenses are most likely to result in the acquittal of his or her client.

Entrapment is one such defense. If the defense attorney can prove by a “preponderance of the evidence” (that is, that the defense’s version of events is even slightly more believable than the prosecution’s) that the entrapment of his or her client took place, the accused will be entitled to an acquittal on the possession charge.

Entrapment takes place when a law enforcement officer or agency persuades an otherwise law-abiding person to commit a crime, where that person’s motive is based on something other than ordinary criminal intent. An example of this type of conduct would be an appeal by the police that would induce a normally law-abiding person to commit the act because of friendship or sympathy, instead of a desire for personal gain or another typical criminal purpose. Affirmative acts by the officer or agency that would make commission of the crime unusually attractive to a normally law-abiding person will likewise constitute entrapment. Such conduct would include, for example, a guarantee that the act is not illegal or that the crime will go undetected, an offer of exorbitant consideration or any similar enticement. It should be noted that when a judge or jury evaluates an entrapment defense, they are looking at the conduct of the law enforcement officer or agency and at what a reasonable person would have done under the same circumstances – they are not concerned with the character of the accused, with his or her predisposition to commit the crime or with his or her subjective intent.

For entrapment to apply to a personal possession charge, the defendant’s criminal attorney must prove that, had the entrapment not taken place, his or her client would not have possessed marijuana. For law enforcement to take the time to induce an otherwise innocent individual to possess marijuana just to procure his or her arrest for this charge would be unlikely – the solicitation would more likely be a part of a bigger “sting” operation – perhaps to ultimately arrest the individual for possession of marijuana for sale. In any event, a good criminal attorney will know what arguments to make to convince a judge and jury that the officer’s or agency’s conduct was so outrageous and/or persuasive that it would have provoked anyone to commit the same offense.

The outstanding attorneys at The Kavinoky Law Firm have mastered everything related to California’s drug laws, including the variety of defenses that are relevant to these crimes. They meticulously review each client’s case, looking for as many applicable defenses as they can. They understand the ways that an entrapment defense can be successfully argued in a California possession of marijuana for personal use case and how to effectively articulate its merits to a judge and jury. With law offices throughout California, including several in Los Angeles, The Kavinoky Law Firm is conveniently located for anyone in need of an exceptional drug crime defense attorney. For the most trusted legal advice and unparalleled representation, contact them today for a free consultation.

Clandestine Labs and Prior Convictions

Operating a clandestine lab is an extremely serious offense under California drug laws, and factors called sentencing enhancements can increase the potential repercussions even more. One possible sentencing enhancement in a California clandestine lab case is for prior convictions.

If you’ve already been convicted of certain drug offenses in California, those priors can be used to substantially increase your potential sentence. A skilled California drug lawyer from The Kavinoky Law Firm will fight to protect you from the consequences of both the underlying clandestine lab drug charge and any sentencing enhancements.

You cannot be punished for the prior convictions if you aren’t convicted of the underlying drug charges, so it’s critical to have an aggressive defense strategy. Your defense lawyer will fight your underlying drug charges and likely seek to have your prior convictions stricken from the record so that you can’t receive additional punishment for them.

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

Code Section Enhancement Sentence 11370.2b,c New 11379.6 or 11383 with prior 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11383 Add three years for each prior conviction PC 1203.073b8 Any new 11379.6,11382, 11383 with prior 11378, 11379, 11379.6, 11380, 11382, 11383 No probation, judge has discretion PC 667.5b For each prior prison commitment
(Not imposed if the defendant remained free of further felonies and prison commitments for five years after release)

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

Because a sentencing enhancement for one or more prior convictions can add substantially to your sentence in a California clandestine lab case, it’s in your best interests to aggressively fight the underlying drug charges. Seasoned California drug lawyers from The Kavinoky Law Firm have the skills and experience to craft a comprehensive defense to your clandestine lab case. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Sentencing Enhancement: Location and a Methamphetamine Charge

Certain factors known as sentencing enhancements can significantly increase your punishment in a California methamphetamine case. The location of the alleged criminal activity is one possible sentencing enhancement in a meth case.

If you’re facing a methamphetamine charge in California, you want an attorney on your side who will do everything possible to minimize or even eliminate negative repercussions. Experienced California defense attorneys from The Kavinoky Law Firm is well-versed in the latest defense techniques and will fight aggressively to protect your rights.

The prosecutor in your California methamphetamine case must prove both the underlying drug charge and the sentencing enhancement beyond a reasonable doubt in order for you to receive additional punishment. You can’t be convicted of a sentencing enhancement unless you’re found guilty of the underlying charge.

California determinate sentencing law calls for one of three prison terms in felony cases — the lower term, the middle term and the upper term, expressed in months or years. The sentence that’s applied after a conviction depends on aggravating and mitigating factors — issues that prompt harshness or leniency — and the facts of the case.

The following location sentencing enhancements can be filed in a California methamphetamine case:

Section Number Charge Sentence 11366 Maintaining a place for sale or use 16-2-3 11366.5a Rents or makes available 16-2-3 for manufacture or distribution 11366.6 Using a 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 or manufacture upon school grounds or within 1,000 feet of school (in a public place, or place legally open to minors), while school was in session or while children were using the school facility 3-4-5 11379b Transports for sale to non-contiguous county 3-6-9 11380.5 Possession for sale or sale at public park or ocean-front beach if drug-free zone (includes library, pool, youth center) Add one year

 

11380.1a1 If 11380 and offense occurs upon grounds of playground, church, childcare, pool, when open or when minors using the facility Add one year 11380.1a2 If 11380 and offense occurs upon grounds of, or within 1,000 feet of school in session or when minors using facility Add two years

California has declared that all activities related to marijuana (with the exception of those that fall under the state’s medical marijuana laws) are illegal and will therefore be criminally prosecuted. Most of these offenses carry severe penalties, which may include drug treatment or education programs, jail or prison sentences and fines. In an effort to protect public health and safety, the legislature has also declared it a crime to sell, furnish, transport, administer or give away a substance that one falsely represents is marijuana and consequently imposes the same penalties on an individual convicted of this offense. As a result, when an individual is accused of this offense, he or she should immediately contact a California defense lawyer who has mastered the laws and defenses that regulate marijuana in this state.

According to California’s Health and Safety Code, every person who agrees, consents or in any manner offers to unlawfully sell, furnish, transport, administer or give away marijuana to another or who offers, arranges or negotiates to have marijuana unlawfully sold, delivered, transported, furnished, administered or given to another and who then sells, delivers, furnishes, transports, administers or gives or offers, arranges or negotiates to have sold, delivered, transported, furnished, administered or given to another any other liquid, substance or material in lieu of the marijuana faces a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by imprisonment in the state prison.

This type of charge requires the skill and experience of a criminal attorney who regularly practices this area of the law and who knows the defenses that will successfully protect his or her client from the penalties associated with this offense. Because this charge is a bit unusual, in that an illicit drug is not necessarily involved in the transaction, defending it calls for the knowledge, creativity and insight that only a California drug crime defense lawyer possesses. He or she must employ the defenses that typically apply to offenses where marijuana is involved, such as illegal search and seizure and lack of intent, which could still apply to this type of situation.

The unsurpassed criminal defense lawyers at The Kavinoky Law Firm are here to help. They receive on-going training and education with respect to California’s drug laws, the ever-changing policies that serve as the basis for them and the many defenses that apply to these laws, giving them a leg up on the competition when it comes to cutting-edge trial strategies and procedural tactics. With law offices throughout the state, including several in and around Los Angeles, they are conveniently located for anyone in need of an exceptional California drug crime defense attorney. For the most trusted legal advice and outstanding representation, contact The Kavinoky Law Firm today for a free case evaluation.

Cocaine Charges Involving Minors

California law allows for numerous sentencing enhancements to be added to a cocaine charge. One possible sentencing enhancement in a California powder cocaine case stems from the involvement of minors in the alleged drug activity. If you’re facing a California cocaine charge with a sentencing enhancement involving minors, you face serious repercussions. Skilled California defense attorneys from The Kavinoky Law Firm can review your case and begin planning a strategic defense.

The court cannot impose the additional punishment of a sentencing enhancement unless the prosecutor proves both the underlying drug charge and the enhancement beyond a reasonable doubt. You cannot be punished for a sentencing enhancement if you’re not convicted of the underlying charge.

California’s determinate sentencing laws specify the punishment for felonies and certain sentencing enhancements as a lower, middle or upper term, usually expressed in years. Aggravating or mitigating factors — information that prompts the judge to treat you more harshly or leniently — help the judge decide which sentence to impose.

The following sentencing enhancements can be filed in a California powder cocaine case involving minors:

Code Section Enhancement Punishment 11353 Induce minor to possess, possess for sale, sell, etc. OR hire minor to sell OR sell to minor 3-6-9 11353.1(a)(1) Violation of 11353 at a church, youth center, day care, pool, etc. Add one year 11353.1(a)(2) Violation of 11353 on or near school grounds Add two years 11353.1(a)(3) 11353 with minor four years younger than defendant Add full 1-2-3 11370b 11353 (sale) no probation, no suspension, no discretion PC 1170.72 11353, 11353.5, 11353.7, 11354, 11361, 11380 or 11353.1(a)(3), 11353.6, or 11380.1(a)(3) and the minor is younger than 12 Aggravating circumstance for sentencing

Powder cocaine cases involving minors are treated extremely seriously, so you need a top defense lawyer aggressively defending your case. Skilled California defense attorneys from The Kavinoky Law Firm are ready to review your cocaine case and help you determine your next step. Please contact an experienced California drug defense lawyer today at 1.800.NO.CUFFS for a free consultation.