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Malachowski and Associates
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Malachowski and Associates
Mark Malachowski

760 Market St. Ste. 947
San Francisco CA 94102
(415) 983-0717

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Malachowski and Associates


Law Offices of Mark Malachowski      
Criminal defense attorney Mark Malachowski and his team represent clients in various criminal matters in San Francisco and the greater Bay Area. 

Whether you need representation for criminal charges concerning controlled dangerous substances, driving after revocation, or other criminal matters, we will work to minimize the impact of criminal charges on your life. We focus on the best interests of our clients so that they can get the results they deserve. Criminal charges, whether a felony or a misdemeanor, must be taken seriously. We represent clients on criminal charges in, state or federal court on these matters:

  • Domestic violence
  • DUI (driving under influence)
  • Federal criminal matters
  • Parole and probation matters
  • Illegal drug possession or Narcotics Sales
  • Theft, robbery or grand larceny
  • Juvenile or youthful offender cases
  • Sex offenses
  • Fraud crimes
  • Arson
  • Battery
  • Assault with a Deadly Weapon
  • Great Bodily Injury
  • Murder

We also represent clients in administrative matters and their appeal:

·         DMV Hearings and Appeals to Superior Court (Writs of Mandamus)

·         ICE Deportation Hearings

·         ICE Bond Hearings

Regardless of the crime you are charged with and regardless of whether you choose to enter plea negotiations or proceed to trial, our criminal defense lawyers will work to protect your rights and vigorously defend you every step of the way. If you are convicted of a felony or misdemeanor in federal or state court, you will face serious consequences, including:
  • Establishment of a criminal record
  • Large fines
  • Court costs
  • Lengthy probation
  • Jail time

If you are charged with a crime, you have the right to have your attorney present at every proceeding.

You should NOT answer questions from the police or the prosecutor without your lawyer present.

 To schedule a consultation please call us at (415) 983-0717 or stop by our office at 760 Market Street, Suite 947, San Francisco, CA 94102

Please Call : 415-983-0717

Special Appearances

We are pleased to provide special appearances for attorneys in the San Francisco Bay Area, California. Call (415) 983-0717 for availability.  

Calendar conflicts?  Allow Mark Malachowski to make your routine and fast track appearances for you, freeing up your time, travel budget, and office resources for other activities.   

We routinely make the following: 
 
San Francisco County Special Appearance | Alameda County Special AppearanceSan Mateo County Special Appearance  | Santa Clara County Special Appearance 
 
   
We provide services for the following matters:
   
Arraignment Special Appearances
Motion Special Appearances
Pre-trial Conference Special Appearances
   
Our Professional Fees are:
   
$250.00/hour with two hours minimum
 
Please submit payment through our secure & convenient online payment processing center.
 
Be sure to read our Terms and Conditions below prior to placing an order.
Fax relevant paperwork to (415) 986-8068. * Please allow up to 8 hours response time.  For last minute appearances, please call (415) 983-0717 to check availability & leave direct return phone number.
 
 
Important Terms and Conditions:
 
 
CANCELLATION: Cancellation of an appearance with less than 24-hours notice will be billed at half of the regular rate of the appearance. 
 
BILLING: We accept check, credit card, and paypal payments.  Invoices are sent with appearance results. We request payment within 30 days.
 
DOCUMENTATION: Please provide all necessary documentation for the appearance.  This includes, but is not limited to: paperwork filed, complete instructions, and all relevant exhibits.

Drug Possession: An Overview

For nearly a century, if not longer, the United States has been plagued with an infusion of narcotics from inside and outside sources. The criminal narcotics industry is a multi-faceted, multi-billion dollar affair with effects and consequences that ultimately trickle down to local cities and neighborhoods in America. From manufacturing and distributing to sales and simple possession, the broad scope of criminal activities involving illegal narcotics is astonishing. According to the Center for Strategic and International Studies (CSIS), an estimated 14,000 people die every year due to illegal drugs and thousands more die due to criminal activities related to illegal drug possession. Therefore, federal and state laws have determined that holding, owning, carrying, or any form of illegal drug possession is a crime against society.

Drug possession laws and policy typically reflects the zeitgeist of a society. Possession of certain drugs garner harsher penalties than possession of other illegal drugs due to the bubble of violence and peripheral illegal activities associated with the particular illegal drug or narcotic. Simple possession of one specific drug is penalized with a small fine while possession of another illegal drug may mandate automatic incarceration.

Possession of illegal drugs is a crime with severe penalties in both the state and federal level. The severity of drug possession penalties depends on various factors including quantity, type of drug, intent, age of the offender, and location of the crime, among other factors. For example, simple possession of an ounce of marijuana discovered in your car is a misdemeanor and will not have as severe a penalty as felony possession of five pounds of cocaine with intent to distribute near a public school. Penalties are proportionate to the crime and related mitigating factors.

 

Types of Illegal Drugs

In the United States, the Drug Enforcement Administration (DEA) categorizes controlled substances by factoring potential for abuse, dependence liability, and medical usage, among other essentials. It is important to note that not all drugs on the DEA’s list are illegal and that there are specific omissions for drugs like caffeine, alcohol, and nicotine.

Factors involved in classifying certain drugs as illegal include:

  • Use of drug deviating from original medical intent sufficient to create a hazard
  • Deviation of drug from legitimate channels and usage
  • Use of drug deviating from medical advice and taken on user’s initiative
  • New drug having potential for abuse

The most common drugs found on the street are:

  • Marijuana - Marijuana is the most popular and widespread narcotic in current consumption in the United States. Drug possession statistics show that everyone from teenagers in school to businessmen use marijuana.
  • Cocaine – Cocaine comes in second in widespread usage in the U.S. Available as both a powder and in “crack” form, cocaine was the fastest growing drug in the 1980’s and 1990’s. Once referred to as the rich man’s drug of choice, the cheaper “crack” form of the drug made it more available and viable for drug addicts.
  • Crystal Methamphetamine – Also known as crystal meth, this drug has been steadily on the rise since the late 1990’s due to the relative low cost to manufacture and the highly addictive properties.
  • Heroin – Derived from opium, heroin has been in use for more than one hundred years with laws prohibiting certain uses for the drug as far back as 1914. Heroin is also highly addictive.

These drugs amount to a majority of drug possession cases in the United States. However, the relatively new category of so-called “Club Drugs” has seen a rise in possession cases. Club drugs include ecstasy (MDMA), GHB, Ketamine, Rohypnol. Ecstasy is by far the most popular of these club drugs with surveys showing that more than 450,000 people use the drug on a yearly basis, according to National Survey on Drug Use and Health.

GHB, Ketamine, and Rohypnol are notorious “date rape” drugs. All three have slightly hallucinogenic and amnesia-like qualities when taken in large doses. With the recent tide of date rape drugs in the market, penalties for possession of date rape drugs has been amended to reflect the dangers of these illegal drugs.

Misdemeanor Drug Possession

A misdemeanor is a lesser crime with penalties not as severe as felony crimes. Every state has different penalties proportionate to the crime. The penalties for misdemeanor drug possession may result in a small fine, court mandated drug counseling, community service, and probation, depending various factors. An example of a misdemeanor drug possession charge occurs when someone is caught with less than 20 oz. of marijuana in his or her possession.

A recent trend in legislation involves stiffer penalties for selling, possession, and distribution within the vicinity of day care centers and public schools, whether the case involves a misdemeanor or felony conviction. What might have seemed like a misdemeanor drug possession can be enhanced to a felony drug possession charge if the location of the crime was committed in or near one of those areas.

Felony Drug Possession

Felony drug possession charges are far more serious oftentimes with very severe penalties that are mandated by law. Felony possession cases typically involve other charges like intent to distribute or the person charged had a large amount of the illegal substance on his person or care. Someone convicted of felony drug possession may face a lengthy prison sentence as well as large fines, probation, community service, and mandatory drug counseling programs.

Multiple drug possession offenders are likely to receive longer prison sentences and larger fines. While the typical felony drug possession sentence may be one-to-three years in prison, a multiple offender may receive a prison sentence ranging from five-to-ten years for a second offense and ten-to-twenty-five years or more for a third conviction.

Article source: http://www.lawfirms.com/resources/criminal-defense/drug-possession-an-overview.htm

If you are charged with a crime, you have the right to have your attorney present at every proceeding.

You should NOT answer questions from the police or the prosecutor without your lawyer present.

 To schedule a consultation please call us at (415) 983-0717 or stop by our office at 760 Market Street, Suite 947, San Francisco, CA 94102

Violation of Probation

What happens if I violate my probation or parole?

There are a number of options, including completely revoking probation or parole and making you serve the remainder of your prison sentence or imposing the maximum sentence for violating probation; modifying the conditions of probation or parole supervision; or just warning you and putting you back on parole or probation under the same conditions. For example, let's suppose you receive a one-year suspended sentence, are placed on probation for three years, and, as a condition of probation, told not to drive a car. If you are caught driving a car during the 3-year period, you can be required to serve jail time.

There are other possible sanctions, such as increasing the level of supervision, placement in an intensive day program, or placement in an electronically monitored home confinement program. If you are seen as a threat to public safety or have committed additional crimes, you will see the walls of prison again in addition to being tried for any new crimes.

What violations would cause the revocation of my parole?

Conditions of parole are set at the time a prisoner is released from state prison. The prisoner has to sign agreement to those conditions. Some conditions are standard:

  • regular reporting to the Parole Officer (P.O.)
  • keeping him advised of any intention to change residence address
  • providing notice of change in employment within 72 hours
  • reporting any new arrest
  • not associating with other felons
  • restricting travel away from home with either time or distance thresholds
  • no possessing of weapons

Other conditions specific to the crime for which the parolee was convicted can include:

  • staying a certain distance from schools or playgrounds (for sex criminals)
  • random drug testing
  • not associating with gang members
  • psychiatric treatment
  • abstaining from the use of alcohol or drugs
  • no contact with a domestic violence victim
  • sex offender registration
  • wearing a GPS monitor

 

What are the procedures involved in revoking my parole?

Although the mechanics differ from state to state, ordinarily there is a preliminary hearing and a final hearing to determine your "right" to stay outside of prison. The purpose of a preliminary hearing is to determine whether there is probable cause to keep you in custody until a final decision is made, especially if you have violated parole or are considered a threat to the community. A final hearing for a parole violator is conducted to evaluate the facts and circumstances of your case, whether you are a continued risk to society, and whether revocation of your parole is warranted. You may be present at the hearing and present evidence in your defense. An attorney skilled in the area of parole and probation can help you with formulating your defense. There is no right to a jury trial on a parole revocation because the parolee has already been convicted of the crime. Legally, a person on parole is "in prison," so his or her rights upon revocation are abbreviated.

 

If you are charged with a crime, you have the right to have your attorney present at every proceeding.

You should NOT answer questions from the police or the prosecutor without your lawyer present.

 To schedule a consultation please call us at (415) 983-0717 or stop by our office at 760 Market Street, Suite 947, San Francisco, CA 94102

Frequently Asked Questions

Frequently Asked Questions About Criminal Defense  


Q: What is a capital offense?
A: A crime for which the death penalty may be imposed.

Q: What is a common-law crime?
A: A crime that is punishable under the common law, rather than by force of statute.

Q: What is common law?
A: The body of law derived from judicial decisions, rather than from statutes or constitutions.

Q: What is a computer crime?
A: A crime requiring knowledge of computer technology, such as sabotaging or stealing computer data or using a computer to commit some other crime.

Q: What is corporate crime?
A: A crime committed either by a corporate body or its representatives acting on its behalf.

Q: What is a crime of omission?
A: An offense that carries as its material component the failure to act.

Q: What is a crime of passion?
A: A crime committed in the heat of an emotionally charged moment, with no opportunity to reflect on what is happening.

Q: What is a federal crime?
A: A criminal offense under a federal statute.

Q: What is hate crime?
A: A crime motivated by the victim's race, color, ethnicity, religion, or national origin.

Q: What is white collar crime?
A: A nonviolent crime usually involving cheating or dishonesty in commercial matters.

Q: What is the Miranda rule?
A: The doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated.

Q: What is a criminal lawyer?
A: A lawyer whose primary work is to represent criminal defendants.

Q: What is criminal law?
A: The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders.

Q: What is a felony?
A: A serious crime usually punishable by imprisonment for more than one year or by death.

Q: What is a misdemeanor?
A: A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a place other than prison.

Last Updated on Sunday, 24 May 2009 17:11

Contact Us

Mark Malachowski
Attorney at Law

 

760 Market Street, Suite 947
San Francisco
California
94102
United States


San Francisco CA Criminal Defense Lawyer

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