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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





Drug Enforcement in Alameda

Drug crimes are taken very seriously in Alameda County. The severity of drug enforcement in Alameda depends on the nature of the crime, particularly whether it is a possession offense linked to a personal-use issue and addiction or a more serious case of distribution or trafficking. In cases in which there is no underlying drug addiction, a district attorney will focus on preventing the conduct, the manufacture, or the distribution.

An experienced criminal defense attorney could explain more about drug enforcement in Alameda and how certain behaviors may lead to criminal penalties. A drug lawyer could also represent a defendant throughout the criminal justice process and protect their constitutional rights from arrest through trial and possible sentencing.

Prohibited Behaviors

In Alameda County, illegal drugs are listed as “controlled substances” in the state penal code. Anything from cocaine or cocaine-based substances such as crack cocaine, as well as methamphetamine, MDMA, and heroin is prohibited. Also, prescription medication possessed without a valid prescription is prohibited

In Alameda County, possession of a controlled substance is illegal, whether that possession is for personal use or for sale and trafficking. The punishment will vary depending on the amount and intended use.

Another prohibited behavior is the transportation of drugs or controlled substances. If a person moves drugs in a vehicle from one location to the next, that would be considered transport. Similarly, it is illegal to board a plane with a controlled substance – airline offenses are particularly serious because airports often fall under federal jurisdiction.

Abuse of Medically Approved Drugs

Even medically-approved drugs could be the subject of drug enforcement in Alameda. If somebody had a valid prescription for a medicinal purpose, such as oxycodone, but they give that prescription or sell it to somebody who does not have a prescription, they have committed a crime.

Alameda County has what is called collaborative courts that recognize that abused medical drug use may be evidence of drug addiction or drug-abuse issue. Prosecutors may agree to pursue a case in drug court and put the defendant through a program that allows them to be rehabilitated and detoxed from their drug of choice.

If the alleged drug offense is a threat to public safety, such as if a substance is being misused and distributed to others, that would be treated more harshly than personal use. The level of prosecution is at the discretion of the prosecuting attorney, but an experienced criminal defense attorney could negotiate to obtain a disposition or a similar favorable outcome for a defendant.

Avoiding Jailtime for Drug Enforcement in Alameda

An experienced criminal defense attorney could help reduce the impact of drug charges by examining the defendant’s history and submitting them to psychological or medical evaluation that may explain whether they have a drug-abuse issue.

An attorney could identify those mitigating circumstances and be prepared to discuss them with the district attorney in pursuit of a negotiated disposition. If you are concerned about the consequences of drug enforcement in Alameda, reach out to an attorney as soon as possible for help.

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Oakland Criminal Lawyer