Transporting or giving away marijuana or attempting or offering to do either in California is a felony, punishable by two, three or four years in prison, heavy fines and a variety of additional penalties. However, if the charged offense involved less than 28.5 grams or one ounce of marijuana (other than concentrated cannabis), the offense would be charged as a misdemeanor, punishable by a maximum $100 fine. Because the consequences of this charge can be severe, it is critical that an individual accused of one of these crimes immediately contacts a skilled criminal attorney who specializes in California drug crime defense.

Although there is a general law that prohibits transporting, selling, furnishing, administering or giving away marijuana and/or attempting or offering to do any of these activities, the offenses are broken down into three categories: transporting and giving away marijuana are grouped together (along with their attempts and offers), selling, furnishing and administering marijuana are grouped together (along with their attempts and offers as well) and all of the above (including attempting or offering to do any of the above) are grouped together if the marijuana in question weighs no more than one ounce and isn’t concentrated cannabis.

An individual may be convicted of transporting (that is, knowingly transferring marijuana from one place to another, whether by foot, in a car or by some other means of transportation) or giving away marijuana or of offering or attempting to transport or give away marijuana if he or she did so with more than 28.5 grams of marijuana, had knowledge of the presence of the drug and of its narcotic character and, if the crime alleged involved an offer or attempt, that the accused had the specific intent to give away or transport the marijuana. If found guilty, the accused faces two, three or four years in prison and will be ineligible for probation if he or she has a prior felony conviction for drug related offenses that include most opiates or opium derivatives, certain depressants, cocaine base, marijuana, mescaline, peyote, tetrahydrocannabinols or any drugs listed in schedules III, IV or V of the Controlled Substances Act.

Being charged with transporting or “giving away” marijuana raises two additional issues that are related to one another – included offenses and sentencing options. With respect to the first issue, the prosecution may allege that because the accused transported or gave away the drug, he or she necessarily “possessed” the drug and may charge the defendant with the crime of personal possession of marijuana or with possession of marijuana for sale in addition to the transporting or “giving away” charge. However, an experienced criminal defense lawyer who regularly practices this area of the law knows that these crimes are not necessarily included offenses (especially in a situation where one is offering to transport or give away the drug at a later time) and that similarly, where the only possession alleged is necessarily incidental to the drug’s transport or to the act of giving it away, separate convictions for this offense and possession are invalid.

If the court determines that the accused may be charged with a transporting or “giving away” charge and an additional charge involving marijuana, sentencing becomes an issue. If both counts were part of an “indivisible course of criminal conduct,” then the accused could only legally be sentenced to one of the charges. A seasoned lawyer knows the most compelling arguments to convince a judge that any related activities were, indeed, part of the same transaction, thereby avoiding separate sentences.

The unsurpassed attorneys at The Kavinoky Law Firm understand all of these issues and the most effective ways to address them. They also know that an individual convicted of a transportation charge may be eligible for drug treatment in lieu of incarceration if it can be proven that the marijuana was for personal use and not for sale. For the most trusted legal advice and outstanding representation, contact them today for a free consultation.

Powder Cocaine Offense

Cocaine, whether it’s in powder, base or crack form, is illegal to possess, sell, and transport in California. Violating those laws can result in state or federal charges. Powder cocaine is a Schedule II drug under California Health & Safety Code 11055 (b) (6)).

If you’re facing a California cocaine charge, it’s important to have knowledgeable California defense attorneys at your side. An experienced drug defense lawyer from The Kavinoky Law Firm has the skills needed to aggressively fight any powder cocaine charge.

There are a number of charges that can be brought in a California cocaine case, including possession, possession for sale, sale, manufacturing, and being under the influence. With the exception of under the influence, each of these is a felony that carries significant prison time if you’re convicted.

In addition to the charges listed above, there are numerous sentencing enhancements that can be brought in a California cocaine case. These include enhancements for weight, prior convictions, firearms, locations and minors. These sentencing enhancements can add years to your punishment in a cocaine case. You can’t be punished for a sentencing enhancement unless the prosecutor proves both the underlying drug charge and the enhancement beyond a reasonable doubt.

Fortunately, it’s possible to aggressively fight a California cocaine charge. Skilled California defense attorneys can thoroughly analyze your case and determine the most effective strategy to fight the charges, which may include a motion to suppress evidence.

Alternative sentencing that allows you to avoid incarceration is sometimes available in California cocaine cases. Alternative sentencing options may include a deferred entry of judgment (DEJ), Proposition 36, or drug court. An evaluation by a skilled substance abuse expert may help to persuade the court that alternative sentencing is appropriate.

A California cocaine conviction carries extremely harsh punishment, but it’s possible to fight the charges. A knowledgeable California drug lawyer from The Kavinoky Law Firm will fight to minimize or even eliminate the consequences of a cocaine charge. Please contact a skilled drug defense attorney 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.

Personal possession of marijuana – insufficient quantity or use

Personal possession of marijuana will be prosecuted as a misdemeanor when the accused possesses less than one ounce of marijuana and may be prosecuted as either a misdemeanor or as a felony when the accused possesses any amount of concentrated cannabis. When charged with this offense, it is vital that the accused hires a skilled criminal defense lawyer who regularly defends California drug crimes who knows how to prepare a defense that is specific to the facts of the defendant’s case.

Insufficient quantity or use is one of the defenses that may be applicable to this charge. Because this offense is typically charged against an individual who possesses relatively small amounts of marijuana – an individual possessing large quantities of the drug will usually be charged with possession of marijuana for sale, which is a much more severe crime – there may not even be enough of the drug to withstand a criminal prosecution. Although many believe that possession of any marijuana is a crime, the fact is that there are instances where that may not be the case, due to an insufficient quantity (for example, marijuana traces or residue) or due to an insufficient use (the marijuana has no narcotic value). An inexperienced attorney may not know about these exceptions, which is another reason why it is so important to hire an attorney who specializes in this area of the law.

Insufficient quantity, obviously, refers to the amount of the possessed marijuana. California courts have decided that the laws against marijuana possession don’t include useless traces or residue of the drug, ruling that such a minute amount is useless for either sale or personal consumption of the drug. The objective of punishing an individual for possession is to punish him or her for a potential future use or sale, so the discovery of only a trace of marijuana is without legal significance. It should be noted, however, that such evidence may be used to bolster another type of narcotics charge, but will not, in and of itself, be sufficient to sustain a conviction for a personal possession charge

Insufficient use refers to the “usability” of the marijuana and may be a defense to this charge if the discovered marijuana can’t be used for its narcotic effect. The California courts have ruled that, for example, burned, charred marijuana seeds would be useless for either a toxic effect or for cultivating marijuana plants and therefore cannot be used as the basis for a possession conviction. Similarly, the courts have held that where the marijuana has been altered to the point where it can’t be used as a narcotic nor converted to a usable form to produce a narcotic effect, a conviction would not be legal. Such was the case when police discovered marijuana soaking in alcohol in a defendant’s home and arrested the defendant for possession. The court held that because the marijuana could no longer be used as a drug, nor converted back to its original form to be used as a drug and that soaking marijuana in alcohol was a remedy typically used by persons of Mexican descent for arthritis or rheumatism, an invalid arrest had been made.

The bottom line is that an experienced criminal attorney knows that a personal possession charge cannot be based on possession of marijuana that is so limited in quantity or so altered in form that it is useless for narcotic purposes. The outstanding attorneys at The Kavinoky Law Firm understand this and, just as importantly, know how to explain this defense to a judge and jury so that they, too, understand its significance. Because they stay on top of California’s drug laws and court rulings, they always know the latest evidentiary rulings and issues that may be applicable to their clients’ cases. For more information about this or any other defenses that are applicable to a personal possession charge, contact The Kavinoky Law Firm today for a free consultation and for the best representation.

Federal Drug Cases

California drug cases can be prosecuted in either state or federal courts. The U.S. government’s “War on Drugs” has resulted in a vast increase in the number of narcotics cases pursued by the federal government. If you’re facing a federal drug charge, skilled California defense attorneys from The Kavinoky Law Firm are ready to help.

Federal investigators have dual jurisdiction with state authorities over drug activity and can investigate and prosecute you for powder or crack cocaine, methamphetamine, heroin, PCP, drug manufacturing, or marijuana offenses.

Unlike in California state courts, where mitigating factors can prompt the court to treat you with more leniency, federal mandatory minimum drug sentences allow judges very little discretion in handing down punishment to narcotics offenders. The only way to reduce a drug sentence in federal court is to provide investigators with information about other defendants.

Because of federal mandatory minimum sentencing laws, the repercussions of a drug conviction in federal court can be extraordinarily harsh. Although federal mandatory minimums were intended to target drug kingpins and narcotics traffickers, studies have shown that most individuals sentenced to lengthy prison terms under these guidelines were involved in street-level activity.

The good news is that it’s possible to fight and win against a federal drug charge. A skilled defense lawyer will employ motions to suppress evidence and other tools in an effort to weaken the prosecutor’s case against you.

If you’re facing a federal drug charge, skilled California defense attorneys from The Kavinoky Law Firm are ready to review your case and build a comprehensive strategy to fight your case. Please contact a knowledgeable California drug lawyer today at 1.800.NO.CUFFS for a free consultation or fill out our Free Drug Case Evaluation.

Crack Cocaine Charges With Prior Convictions

In addition to the substantial penalties associated with a California crack or cocaine base conviction, factors called sentencing enhancements can add years to your sentence. One possible sentencing enhancement in a California cocaine base or crack prosecution is for prior drug convictions.

If you have prior drug convictions and are facing a California crack or base cocaine charge, you need a defense lawyer who is willing to fight to protect you from the serious repercussions you face. Experienced California drug lawyers from The Kavinoky Law Firm are ready to review your case and begin developing a strong defense strategy.

Sentencing enhancements are allegations that, if proven, can add substantially to your punishment in a crack or base cocaine case. If you’re not convicted of the underlying cocaine charge, you cannot be punished for a sentencing enhancement.

The following sentencing enhancements for prior convictions can be filed in a California crack or base cocaine case:

Section Number Enhancement Punishment 1203.073b6 Transporting for sale, importing for sale, administering, or offering, or attempting No probation, judge has discretion 11370a Any new 11350, 11351.5, 11352, 11353 with any prior felony narcotics conviction No probation, judge has discretion 11370.2a New 11351.5, 11352, 11380.5 with prior 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5 or 11383 Add three years for each prior conviction PC 1203.07(a)(11) Any new 11351 or 11352 charge with prior 11351 or 11352 conviction No probation, no discretion 11353.4 New 11353 with prior 11353 (with prison sentence) 1-2-3 PC 667.5b For each prior prison commitment (unless defendant remained free of both additional prison term and felony conviction) Add one year 11366.5c Prior 113665a with new 113665a 2-3-4

Obviously, sentencing enhancements for prior convictions and other factors can add substantially to your punishment in a California cocaine base or crack case, so it’s imperative to aggressively fight these allegations. A skilled California drug lawyer from The Kavinoky Law Firm is ready to review your case and develop a comprehensive defense strategy designed to protect your freedom. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Heroin Charges Involving Minors

Being convicted of a California heroin offense brings harsh repercussions, and factors called sentencing enhancements can substantially increase your punishment. The allegation that your offense involved minors is one possible sentencing enhancement in a California heroin prosecution.

Because the consequences of a California heroin conviction and any sentencing enhancements threaten your freedom, it’s crucial to aggressively fight these allegations with the help of California defense attorneys. An experienced California drug lawyer from The Kavinoky Law Firm is ready to analyze your case and plan a strategic defense.

You can’t be punished for a sentencing enhancement if you’re not convicted of the underlying drug charge. Also, the prosecutor must prove your guilt in the sentencing enhancement beyond a reasonable doubt or you cannot receive any additional punishment.

These are the sentencing enhancements that can be added to a California heroin charge involving minors:

Code Section Enhancement Sentence 11353 Induce minor to possess, possess for sale, sell, etc. OR hire minor to sell, etc. OR sells, etc. to minor 3-6-9 11353.1(a)(1) If 11353 at church, youth center, day care, pool etc. Add one full year 11353.1(a)(2) If 11353 on or near school Add two full years 11353.1(a)(3) If 11353 and minor four years or more younger than defendant Add full 1-2-3 PC 1170.72 If 11353, 11353.5, 11353.7, 11354, 11361, 11380 or 11353.1(a)(3), 11353.6, 11380.1(a)(3), and minor 11 years old or younger Circumstance in aggravation for sentencing

California heroin cases involving minors can be punished with years in prison, and your only recourse is to fight the charges aggressively. Knowledgable and skilled California defense attorneys from The Kavinoky Law Firm will do everything possible to protect you from the repercussions of a heroin conviction. Please contact us at 1.800.NO.CUFFS for a free consultation.

Marijuana is the most commonly used illegal drug in the United States. It interchangeably goes by the names of pot, weed, Mary Jane, hash, dope, grass, cannabis, ganja and indo and is typically smoked in a cigarette, a pipe (or bong) or a “blunt”, which is a cigar that has been emptied of tobacco and refilled with marijuana. It may also be brewed to drink or cooked into food. Legally, marijuana is defined as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. Penalties for offenses involving marijuana (other than for legitimate medicinal purposes) will depend on whether an individual is arrested for possessing, cultivating, driving while under the influence of, transporting or selling the drug and the quantity of the drug (that is, whether it is for personal use or for distribution).

Because drug offenses are so vigorously prosecuted in California, it is critical that an individual accused of a marijuana related crime contacts a criminal defense lawyer who specializes in drug crimes and knows how to successfully defend his or her clients. The exceptional attorneys at The Kavinoky Law Firm will passionately and skillfully fight for their clients in an effort to have all drug charges either reduced or dismissed.

The Controlled Substances Act classifies all drugs that are regulated under existing federal law into five schedules according to their harmfulness, medicinal value and potential for abuse or addiction. Schedule I (which is where marijuana drugs are listed) is reserved for the most dangerous drugs that have no recognized medical use, while Schedule V drugs are the least dangerous. Clearly there is debate as to whether marijuana should be a schedule 1 drug, because it does have recognized medicinal purposes. Nonetheless, because marijuana is classified as schedule 1, the penalties that are imposed in connection with its use and sale can be severe.

The main active ingredient of marijuana is THC (delta-9-tetrahydrocannabinol). Its effects are felt differently, depending on how it is ingested into the body. When smoked, its effects are felt almost immediately and can last anywhere from 1 to 3 hours. If an individual eats or drinks marijuana, the effects take longer to initially feel and may last longer, up to 4 hours. This is because THC enters the blood much quicker when smoked then when consumed in food or drink. The effects on each individual range but usually include a rapid heart beat, red eyes, pleasant sensations, a dry mouth, increased appetite and a feeling that time has slowed down. As the effects wear off, the user may feel sleepy, depressed, anxious or panicked.

There are a variety of drug offenses (including those relating to marijuana) that have special sentencing considerations that only a criminal attorney experienced in California drug laws will know to ask for. Alternative sentencing is available for qualifying crimes, which allows an offender to avoid a jail or prison sentence to attend a drug-treatment program that, upon completion, may entitle the accused to a dismissal of the underlying charges. One’s freedom and reputation is simply too important to trust to an inexperienced attorney.

California Marijuana and Drug Defense Lawyer

The laws surrounding marijuana use and possession are technical and complex, which is why it is critical that an individual accused of such a crime hires an attorney who has mastered this field of law. The outstanding attorneys at The Kavinoky Law Firm have done just that. They receive ongoing education and training on drug offenses, which enables them to provide the most comprehensive defenses for their clients. They treat each client with nothing but compassion and respect and demand the same from the criminal court system. With law offices located in Los Angeles and throughout California, they are conveniently located for anyone in need of a California drug crime defense attorney. For the most trusted legal advice and unparalleled representation, contact them today for a free consultation.

Deferred Entry of Judgment (DEJ)

Many drug convictions in California can result in jail time, but alternative sentencing may allow you to avoid all or part of a jail sentence. A deferred entry of judgement, or DEJ, may be an option in a California drug case. Skilled CA drug lawyers from The Kavinoky Law Firm can analyze your case to determine whether a DEJ may be a possibility in your case.

Defendants seeking a DEJ plead guilty to the charges they face and will have an opportunity to withdraw their pleas after a year and a half if they have successfully completed the program requirements.

A defendant seeking a deferred entry of judgement must complete a drug treatment or education program and is placed on conditional probation. At the end of 18 months (or the time period set by the court), a defendant who has completed the drug education requirement, satisfied the terms of probation, avoided additional criminal charges and paid all fines and fees will be allowed to withdraw the guilty plea, and the original drug charges will be dismissed.

Only certain individuals are eligible for a DEJ. Defendants with convictions for violent crimes or those who have defaulted on another DEJ within the past five years won’t be considered. In addition, any defendant who fails to meet the requirements of the DEJ will have a judgement entered and will be sentenced accordingly.

If you’re facing a California drug offense, you may be eligible for a DEJ that will allow you to avoid jail and a criminal record. To learn more about a deferred entry of judgement in a California drug offense case, please contact a skilled CA drug lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Proposition 36

Proposition 36, also called The Substance Abuse and Crime Prevention Act, is a California law that views marijuana possession as a public health issue rather than a criminal issue for those individuals who are willing to accept treatment. Although this alternative sentencing option allows an individual to participate in a drug treatment program instead of suffering a jail or prison sentence, there are certain eligibility requirements that must be met as well as some disadvantages to serving this type of alternative sentence. Because of these issues, it is critical that an individual charged with a marijuana-related offense immediately contacts one of the skilled California drug criminal defense lawyers at The Kavinoky Law Firm who can help educate the accused about his or her options.

Proposition 36 allows those accused of non-violent drug offenses, including marijuana possession for personal use, to escape a jail or prison sentence that may otherwise be imposed in connection with a conviction. It includes a probation and drug treatment sentence, and specifically states that an eligible offender need not be incarcerated as part of his or her probation. This act applies to first and second time offenders – those who have repeatedly attempted rehabilitation will not qualify for this type of alternative sentence. Prop. 36 doesn’t change the laws that regulate marijuana use or possession, just the ways that one can be sentenced as a result of violating those laws.

Proposition 36 sentencing requires an individual to undergo drug treatment for up to one year (and possibly up to two years in extraordinary situations). Depending on the facts of the case, on the individual offender and on the judge, treatment will vary, but may consist of drug education or prevention courses, outpatient therapy, inpatient or residential drug rehabilitation or taking residence in a sober livingenvironment. Severe dependence and relapse issues will be considered by the court when deciding which type of treatment would most benefit the accused.

Proposition 36 is quite limited with respect to which offenses will qualify. Those accused of manufacturing, producing and/or selling marijuana are specifically prohibited from receiving this type of sentencing relief. However, even if an individual is charged with one of these (or one of the many other offenses that are not included in a Prop. 36 treatment program), an experienced marijuana defense lawyer may be able to arrange it so that his or her client pleads down to a lesser charge that will qualify for treatment. This is one of the reasons why it is so important for an individual accused of a marijuana-related offense to consult with a top criminal attorney who knows what types of charges he or she should be asking for when involved in plea negotiations with the prosecution.

Proposition 36 has an advantage over a drug diversion sentence in that a guilty plea is not a prerequisite to participate. However, if there is a conviction, it will remain on one’s record while in treatment and its dismissal upon completion of the program isn’t guaranteed.

A savvy, knowledgeable attorney from the Kavinoky Law Firm will explain all of the intricacies involved in a Proposition 36 sentence to an individual who may qualify for it, including the eligibility requirements and the advantages and disadvantages of pursuing this type of treatment before seeking it as an alternative to jail or prison. The firm has an in-depth knowledge about the different sentencing options available to their clients charged with marijuana offenses and will do their best to ensure that a client receives the option that best serves his or her needs. For the most trusted legal advice and to learn more about Prop. 36, contact The Kavinoky Law Firm today for a free consultation.