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    Know and Protect Your Rights in a Criminal Defense Matter

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      Know and Protect Your Rights in a Criminal Defense Matter

          Role of the Prosecution in Alameda County Drug Cases

          If you or a loved one are facing charges regarding possession of illegal substances, it is imperative that you build a strong, personalized defense against these accusations. It is important to obtain an experienced defense attorney with knowledge of common tactics used by the prosecution.

          The role of the prosecution in Alameda County drug cases is important to understand in order to build the best defense against their case. An experienced attorney knows what evidence must be presented and what weaknesses to search for in the prosecution’s case.

          What Does Alameda County Prosecution Need to Prove in a Drug Case?

          In Alameda County, the prosecution must prove their drug case beyond a reasonable doubt. People can be charged with various drug crimes such as possession, possession with the intent to distribute, drug trafficking, drug sales, possession of prescription drugs, or possession of scheduled controlled substances.

          The evidence presented during Alameda County drug offense cases depends on the type of drug crime a person is being charged with. For example, if the person is charged with illicit substance possession for personal use, the prosecution must provide evidence that the individual had a usable amount of drugs in his or her possession.

          In a drug sales case, the prosecution might present indicia of sales evidence such as scales, baggies, or paraphernalia related to drug dealing that corroborate the suspicion that sales are taking place. The prosecution’s evidence may also include text messages between the individual and a known drug sellers or ledgers that show an accounting of drug transactions. An experienced attorney would look at the prosecution’s evidence to determine if there are any weaknesses.

          What Elements of Drug Cases are Highly Contested at Trial?

          In personal use drug possession cases in Alameda County, whether there was enough of a substance to be used can be a contested issue at trial. Where the drugs were in relation to the person, might also become an issue, though that can be litigated in a pretrial motion.

          Sentencing for Illegal Substance Crimes

          The sentence for a drug-related crime could be a negotiated disposition, which is when the prosecutor, defendant, and judge all agree on the sentence.

          Sentencing for drug-related crimes in Alameda County depends on whether the defendant was charged with a misdemeanor or a felony and the type of crime allegedly committed. For simple possession, a person might be required to attend a drug court and be recommended for rehab, counseling, or a deferred entry of judgment so that they can keep their record clean but receive treatment.

          However, if somebody has a long criminal record, failed repeatedly at drug court, which is sometimes called burning diversion, or engaging in drug offenses beyond personal use crimes, it is unlikely that he or she will be offered drug diversion again in the future. The individual would either argue the insufficiency of evidence to aim for a dismissal, file appropriate suppression or other pretrial motions, accept a negotiated offer, or take his or her case to a jury trial.

          The prosecution’s role is to seek a fair punishment for the drug crimes a defendant allegedly committed in Alameda County. A defense lawyer could negotiate with the prosecution and the court for a less severe punishment.

          Discuss the Role of the Prosecution in Alameda County Drug Cases with an Attorney

          By understanding the role of the prosecution in Alameda County drug cases, you could be better equipped to fight against them. A well-practiced defense attorney could find weaknesses in the prosecution’s case and collect evidence that strengthens your defense. Additionally, a lawyer could negotiate with the prosecution and the court to minimize or possible dismiss your charges. Call now to discuss what an attorney could do for you.

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