Jo-Anna Nieves
Founding Attorney
Unique Aspects of Alameda County Marijuana Cases
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Even though adult use of marijuana is permitted in the State of California, a person could still get in trouble for possessing or smoking cannabis. For instance, someone could be prosecuted for smoking while driving. Additionally, a person could be charged with a felony for trying to transport large quantities of marijuana.
It is important to understand that marijuana possession is still a federal crime. If you have been charged with a cannabis-related offense, it is imperative that you contact a skilled marijuana possession attorney. Speak to a seasoned attorney to learn about the unique aspects of Alameda County marijuana charges.
Nearby jurisdictions have begun to decriminalize the possession of specified amounts of marijuana. California has decriminalized the possession of marijuana for adult use, also known as recreational use. Adults can smoke marijuana and possess it for personal use in Alameda County. However, there are limits as to the volume of that possession and the intent of the possession. Overstepping these legal boundaries could lead to possible criminal charges.
Since recreational use is legal in California, depending on the type of offense, Alameda County prosecutors treat marijuana cases differently from other substance-related crimes. There are actions that no longer constitute a criminal offense, and for many of the lower-level activities, there have been opportunities to resolve them through collaborative courts.
Alameda County is open to admitting defendants to the Early Intervention Court or Mentorship Program so that there could be a collaborative resolution to the crime versus a felony conviction. Much of it is case-based and fact-based. When it comes to the wide distribution of marijuana and voluminous cultivation, those are crimes where prosecutors seek harsher consequences.
If someone does not have a prior record, the quantity of the marijuana that was found in his or her possession is not something egregious, the person is involved in some drug treatment program, or the person is gainfully employed and pursuing higher education, a prosecutor may be more open to an alternative disposition than custody time.
There are various long-term implications of a marijuana possession conviction, especially if it is of a higher, more serious caliber of crime. If a case involves a large quantity of the drug and it is for purposes of transporting in or out of the state, it is likely charged as a felony. Long-term implications of that is a criminal record that appears in a background check, and exposure to custodial time; however, because these are not typically violent offenses, a marijuana conviction is unlikely to result in prison time. Even in felony cases, marijuana crimes are those that can be served in county jail, with an ankle monitor, or sometimes with no time at all. For most serious marijuana possession charges, there is the risk of a search clause – where the police could search an individual, his or her belongings, vehicle, and home without probable cause at any time of the day or night.
Defending marijuana possession is very different than defending other drug cases because other narcotics or controlled substances are criminalized on the federal and state level, whereas cannabis is not. It comes down to volume and the intent behind the possession.
Most cases focus on the volume and the intent behind the possession. If someone possesses a large amount of marijuana for purposes of sales, it would likely be treated differently than someone who possesses a significant amount of cocaine or heroin. Furthermore, since it has been approved for adult use, the stigma regarding marijuana, even among district attorneys, is a little lighter than it is with some drugs that are still heavily regulated.
A marijuana possession charge can be challenging due to the everchanging legal status. An experienced lawyer could help you understand the unique aspects of Alameda County marijuana possession charges. If you are facing these charges, call now to schedule a 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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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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
