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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Building a Defense Against Drug Charges in Alameda County

People facing a crime in Alameda County are going to want to enlist the help of a skilled drug crime attorney because there are aspects of the law that people representing themselves may not be readily familiar with. People need a lawyer who knows the defendant’s rights at arraignment and pretrial and through the whole process, can competently and skillfully handle a preliminary hearing and trial, knows what insufficiencies in the evidence can lead to dismissals or favorable dispositions, and understands from experience what offers are reasonable and which ones are not.

Enlisting the help of an experienced lawyer when building a defense against drug charges in Alameda County could significantly impact the resolution of a case. If you or a loved one are facing allegations of possessing or distributing a controlled substance, it is in your best interest to contact a qualified defense attorney.

Minimizing Potential Penalties for Controlled Substance Charges

In addition to negotiating with the district attorney, a knowledgeable lawyer may look at the evidence to determine if it meets the elements of the alleged crime. Lawyers might look for constitutional violations that may have occurred, issues with the quantity of the substance, or issues with how the evidence was discovered. This is an effort to find weaknesses in the prosecution’s case.

From there, an attorney would likely create a mitigation packet, which includes information about the defendant’s background, such as a lack of criminal history, their family dynamics, and their education. Those equitable considerations are put into a letter or packet with supporting documentation to present to the district attorney or judge to get a reduced offer or reduction of the penalties associated with the crime, obtain a referral to a diversion program or collaborative court, or even reach a dismissal outcome. If an attorney can point out enough evidentiary weaknesses in the prosecution’s case, he or she may be able to get it dismissed.

Alameda County Attorney Resources

Legal professionals have access to different resources and advantages that would not be accessible to someone defending him or herself. For instance, a defense lawyer has the ability to communicate with the district attorney. While it is not impossible for a person accused of a crime to communicate with a district attorney, most district attorneys are very cautious when speaking with a person who has been accused of a crime because of the constitutional considerations.

Additionally, the relationships between a court and a lawyer are built overtime, especially for defense attorneys who regularly appear in the same County or courthouses – they are frequently interacting with the same district attorneys and judges. They tend to form a relationship and a reputation that allows them to negotiate differently than the accused person could.

The other benefit that lawyers have is there are ways for a them to request an indicated offer from a judge. There are times where the defense attorney and the district attorney may approach the judge and make a pitch that the offer should come from the court versus from the district attorney. In some cases, that offer may be better than what the district attorney was initially offering. However, that takes not only a good presentation of the mitigating circumstances but also a good reputation in the court.

What Information Should Someone Facing Drug Charges Share with an Attorney?

Some of the information that an individual facing drug charges may want to have prepared is his or her notice to appear. That document will likely tell them where and when the defendant’s next court date is going to be. It is also important to provide any bail documentation.

If a search warrant was served prior to the arrest or the day of the incident, any copies that were left behind of that warrant are important to bring to an attorney. The names of potential witnesses who may have seen what occurred the day of the incident should also be provided.

Defendants should be prepared to talk about their background. Some of the first encounters with their attorney can be perceived as invasive because he or she will ask a lot of personal questions about their background, possible childhood abuse, community service, family, and criminal history but it is important to share this with your attorney – knowing that confidentiality is of the utmost importance.

Have an Alameda County Attorney Help You Build a Drug Charge Defense

An accomplished lawyer could help you with building a defense against drug charges in Alameda County. An attorney could request evidence from the district attorney or additional discovery, review lab results, investigate the legality of any search that took place, and review the legality of the arrest itself. Attorneys could then file appropriate motions associated with those instances.

Lawyers could build a case that points out the weaknesses in the prosecution’s case which could potentially lead to a dismissal or a favorable result. Do not hesitate to seek legal guidance when building a defense. Contact our office now and schedule your first case consultation for free.

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