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The element of drug distribution that makes it more serious than simple possession is that simple possession is oftentimes a victimless crime. The person that is responsible for the crime is not necessarily harming anyone else with their conduct except themselves. Drug distribution affects the public at large. Therefore, district attorneys and law enforcement will take such a charge much more seriously because it can lead to a pervasive problem of drug addiction in local areas.

If you have been charged with drug distribution, you could benefit from retaining a seasoned drug attorney. An Alameda County drug distribution lawyer could protect your constitutional rights and defend your drug charges.

Aggravating Factors

Some aggravating factors that increase the severity of drug distribution charges are the quantity of the drug that is found in the person’s possession as well as the breadth of the distribution.

One important question is whether the charge is part of a distribution syndicate crossing jurisdictional lines and is more of a federal investigation than a state investigation. Also, whether there were weapons involved can be an aggravating factor – the presence of weapons and firearms either at the scene or in the execution of a search warrant can increase the potential penalties.

Constitutional Issues in Drug Cases

There are various types of constitutional issues that can come up in drug distribution cases. The most frequent type of issue is the Fourth Amendment violation, which involves unlawful searches and seizures. If an Alameda County drug distribution attorney finds that certain evidence was found through an illegal search, they could file a motion to dismiss or suppress evidence, weakening the prosecution’s case.

The Fifth Amendment guarantees the right against self-incrimination. Sometimes, officers may try to interrogate or question a defendant while they are in custody without advising them that they have the right to remain silent or providing them access to an attorney at their request. That kind of conduct violates the person’s constitutional rights.

Common Evidence in Drug Distribution Charges

Typically, the prosecution in a drug distribution case will obtain a warrant to search cell phones and any type of electronic communication available to them, from Instagram to email. They may also search for scales, ledgers, and drug packaging. Drugs can be individually packaged into small baggies for ease of distribution or held in large quantities to be sold in bulk. Other evidence can include hand to hand sales transactions or the use of confidential informants (CIs) to conduct orchestrated undercover sales.

What to Look for in an Alameda County Drug Distribution Attorney

If you are facing charges, it may be wise to contact an Alameda County drug distribution lawyer. It is important to look for certain attributes when selecting a defense attorney. One: Is this person local to their area and familiar with the way the county and the attorneys in the county handle these types of cases? Two: Has this person handled this type of case before, and what is their level of success in handling these cases? Three: Are they familiar with the different alternatives to resolving a case? Hiring the right attorney, without undue delay, could be crucial to the outcome of your case.

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