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.

Patients and caregivers

California has legalized medical marijuana use, cultivation and distribution for those who are seriously ill and in need of the drug (so long as they have a doctor’s recommendation or prescription for it) and for their primary caregivers. These laws are detailed in Proposition 215 – also known as the Compassionate Use Act – and Senate Bill 420. While California has legalized marijuana for medicinal purposes, any use of the drug is still prohibited by federal law. As a result, an individual living in California who has the right to use, grow or distribute medical marijuana may still be brought up on federal charges. It should also be noted that such an individual may still be arrested in California by his or her local police department, as law enforcement is quick to arrest those who have any dealings with this drug. These are just a few of the reasons why it is necessary for an individual who has been arrested for any activity dealing with marijuana to contact an experienced criminal defense lawyer who specializes in drug offenses.

SB420 expands the Compassionate Use Act to allow caregivers to have more than one patient in their home county but still restricts caregivers to one patient if their patient lives out of their county. The law protects qualified patients, patients with identification cards and their primary caregivers from prosecution for using, transporting or processing small amounts of medical marijuana and makes it more difficult for prosecutors to charge them with intent to sell. As previously mentioned, law enforcement officials may nonetheless arrest an individual who participates in these activities, but the law is designed to protect these individuals, so long as they follow the rules that are associated with its use and growth. As for possession or growth, a patient or his or her caregiver may possess or grow up to eight ounces of dried bud or conversion (not leaf, seeds or stems) and up to six mature or twelve immature plants unless a doctor or the community have authorized more.

Qualified patients are those who have a doctor’s permission to use marijuana for medical purposes. They are entitled to possess and cultivate marijuana, so long as it is in accordance with a doctor’s recommendation. Persons with an identification card hold government issued cards that entitle them to the same protections as qualified patients, but in exchange for the card, the rules regarding the marijuana use are more strictly regulated. Primary caregivers are persons, designated by a qualified patient or by a person with an identification card, who have consistently assumed responsibility for the housing, health or safety of that patient. Primary caregivers must be at least 18 years old (unless they are the parents of a minor child who is a qualified patient or a person with an identification card or the caregiver is otherwise entitled to make legal medical decisions) and may be private caretakers if so designated by a patient, a licensed clinic or health care facility, a residential care facility for the elderly, a hospice or a licensed home health agency.

These definitions and law apply to California state law. Cities and counties can adopt and enact their own legislation that regulates medicinal marijuana use, possession and cultivation to supplement these existing laws. As mentioned above, current law only permits a patient or caregiver to possess or grow up to eight ounces of dried bud or conversion (not leaf, seeds or stems) and up to six mature or twelve immature plants. Depending on where one lives, the local citizens or lawmakers of that city or county may have expanded those amounts.

The bottom line is that although California has legalized the use of medical marijuana, the laws and their enforcement are still flawed. The outstanding criminal attorneys at The Kavinoky Law Firm are here to help. They have mastered the area of drug crime defense and know how to effectively convey a medical marijuana defense to judges and jurors. For unsurpassed representation, contact them today for a free consultation.

Personal possession of marijuana – illegal searches and seizures

Possession of marijuana for personal use may be charged as either a misdemeanor or a felony in California, depending on the circumstances under which the drug was discovered. While the penalties for this offense aren’t as severe as possessing marijuana for sale, they can still be serious, which is why an individual accused of this offense should contact a criminal attorney who understands this area of the law and all of the defenses that are applicable to it.

An illegal search and/or seizure will be one of the most useful defenses if properly argued and proven, as Constitutional violations can result in the exclusion of incriminating evidence and a dismissal of one’s criminal charges. Because this defense requires a thorough understanding of both California and federal laws, only a skilled criminal defense lawyer should attempt to present this type of evidence.

The Fourth Amendment to the United States Constitution protects an individual against unreasonable searches and seizures of his or her person or property. This law prohibits unreasonable invasions of privacy, which basically means that police must have a warrant before conducting a search and that police must have probable cause to believe that an individual either possesses something illegal or is involved in illegal activity before stopping that person. It must be noted that a “search” doesn’t technically take place unless the individual being searched had a “reasonable expectation of privacy”. For example, if the police saw a marijuana cigarette coming out of someone’s pocket, that wouldn’t qualify as a search. A search would take place, however, if the police had to look inside that person’s bedroom dresser to find that same cigarette. Because a “search” didn’t take place in the first scenario, a warrant would be unnecessary.

Most personal possession of marijuana cases involve an arrest and evidence that resulted from a search and seizure. When the police suspect that an individual possesses marijuana, a search may involve an inspection of that individual, his or her surroundings and/or his or her property in order to locate all of the drugs. If found, a seizure refers to the confiscation of the marijuana and/or to taking the individual possessing the marijuana into custody. Generally speaking, if the seizure is invalid it is because it was preceded by an invalid search.

Both persons and property may legitimately be searched and seized by the police (either with or without a warrant), as long as circumstances justified the officers actions. If, however, law enforcement act without reasonable or “probable cause” or exceed their Constitutional limitations, their searches and seizures may be declared invalid and any evidence that they subsequently retrieved will be excluded from one’s case. An experienced California drug crime defense attorney will meticulously review a client’s file to see if the arresting law enforcement agency violated his or her client’s Constitutional rights in any way.

The outstanding attorneys at The Kavinoky Law Firm have mastered the laws (both state and federal) that are relevant to California drug offenses. When examining a personal possession case, they know how to immediately spot an illegal search and/or seizure and how to effectively convey this type of defense to the judge and jury. They are dedicated to protecting the rights of their clients and will aggressively pursue acquittals when they believe that illegal searches and/or seizures have taken place and where acquittals aren’t possible, they know the most effective arguments to convince a judge to impose alternative sentencing that will permit their client’s convicted of possessing marijuana for personal use to receive treatment instead of a jail sentence. For questions about illegal searches and seizures or the many other defenses that are applicable to a possession charge, contact The Kavinoky Law Firm today for a free consultation and for unsurpassed legal representation.

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.

Possession of marijuana for sale

Possessing marijuana for sale, as apposed to simple possession of marijuana, in California is a straight felony offense, punishable by sixteen months or two or three years in the state prison, whereas simple possession may be prosecuted as a misdemeanor, depending on the quantity possessed. An individual convicted of possessing marijuana with the intent to sell it not only faces prison time, but faces a host of additional penalties as well, including probation and heavy fines. An experienced criminal defense lawyer who specializes in California’s drug crime laws and who has mastered the defenses available to this crime is the key to beating this charge.

An individual who is found possessing a large amount of marijuana drugs will likely be charged with possession for sale and, depending on the circumstances, may be charged with simple possession as well. Whether the accused actually sold any marijuana may not even be relevant to the case, as the police aren’t required to prove that the accused sold any drugs, only that he or she had the intent to sell the drugs. Although the accused must have had either the specific intent to sell the drug personally or the specific intent that someone else would sell the drug to be convicted of possession with the intent to sell, this intent may be proven through circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it). In order to establish that the accused not only possessed the marijuana but also had the intent to sell the drug, law enforcement officials and the prosecution will address factors such as the amount of cash that the accused possessed (especially if there were many smaller bills), any “baggies” that the accused possessed (either with or without marijuana in them), any scales that the accused possessed, whether they found any drug paraphernalia (which might indicate personal use rather than possession with the intent to sell), where the drugs were found, any address books or client lists that the accused possessed and the location from which the accused was arrested. In addition, the prosecutor on the case will likely call the arresting officer to testify. He or she will be classified as an “expert” in the field and will therefore be entitled to testify that, based on his or her training and experience as an expert in drug crimes, he or she believed that the accused had the intent to sell the marijuana that he or she possessed. Clearly, only a seasoned criminal attorney who specializes in this specific area of the law would know which defenses to argue to help persuade a judge and jury that this type of evidence isn’t as black and white as it appears.

If the individual accused is convicted, he or she, in addition to serving prison time, may face a maximum $20,000 fine for each offense that is proven against him or her. If the accused is convicted and has a prior conviction for any offense involving marijuana or any offense involving opiates, opium derivatives, certain hallucinogenic drugs or certain other drugs, he or she will not be granted probation nor will he or she be able to have his or her sentence suspended.

Possession of marijuana for sale is a serious offense with serious consequences. The exceptional attorneys at The Kavinoky Law Firm will employ several defenses which may result in an “intent to sell” charge being reduced to a simple possession charge – a charge with much less severe penalties. They have law offices located throughout California, including several in Los Angeles, allowing them to provide their unsurpassed services to anyone in need of an experienced California drug crime defense attorney. To secure the best representation from a firm who knows how to effectively defend against California marijuana charges, contact The Kavinoky Firm today for a free consultation.