Jo-Anna Nieves
Founding Attorney
Law Enforcement Mistakes in Oakland Drug Cases
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While law enforcement follows a variety of protocols when conducting investigations, they are not immune from making mistakes. If you were arrested for a drug violation, it is important to consider the possibility of law enforcement mistakes in Oakland drug cases while formulating a credible defense. A drug lawyer could examine the factors surrounding the alleged offense and work to identify potential missteps by police. Call and arrange for an appointment to start discussing potential legal strategies.
Law enforcement officers can make mistakes when issuing drug charges. There are occasions when someone is arrested with a drug charge and the substance at issue turns out to not be a drug or controlled substance. However, this determination is often made when chemical testing is performed. Prior to the determination, police may believe that they found an unlawful substance on a person and they may place them under arrest and charge them with possession. However, if the testing determined that the substance itself was not unlawful, charges typically will not be filed in court.
Other mistakes that happen frequently in drug charges involve the method of the search or the seizure of the drugs. It could be that the search or seizure was not lawful or that an unreliable confidential informant obtained the drugs. In such cases, an attorney could file a motion in court to have the items discovered suppressed. If suppressing the evidence is successful, it is likely that the district attorney will be unable to proceed any further and may decide to dismiss the case. However, this is not always the case, and a defendant should not rely on such a possibility. Once arrested, the individual should seek adept legal counsel and begin building a credible defense.
An attorney should aggressively file motions on behalf of the accused individual if there are procedural or constitutional issues stemming from the arrest. The most common instance is illegal search and seizure. This is when law enforcement violates a person’s constitutional rights through an unlawful search and seizure of evidence. Bringing those motions in court may result in such evidence being suppressed. If the court decides to suppress that evidence, the prosecution may be unable to prove their case.
It is recommended that a person facing drug charges in Oakland contact an attorney immediately. Law enforcement mistakes in Oakland drug charges may significantly impact a person’s case. Many cases involve illegal search and seizure or simply a misidentification of substances. These are not minor errors and may severely impact a person’s drug case. Furthermore, the quicker a person connects with an attorney who understands drug cases, the faster they may be able to start building a valid defense. Drug cases can be frustrating, but a skilled lawyer could advocate on your behalf and fight to protect your rights. Call to book a complimentary consultation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
