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Arrest procedures in drug cases can vary depending on whether or not the person was stopped based on reasonable suspicion and subjected to a warrantless search or arrested pursuant to an executed warrant. If you are facing a Dublin drug arrest, you may need help from a lawyer. By working with an experienced local drug attorney, you could ensure that you do not do anything that might jeopardize your case. By working with a criminal defense attorney early on in the process, you may be able to have your charges dismissed if the arresting officers did not legally seize evidence, conduct a lawful search, or make a lawful the arrest.

What Constitutes a Legal Arrest?

For an arrest to be legal, a warrant must be furnished with a declaration of probable cause, which could then be presented to a judge for signature. Once a warrant signed, the individual can be arrested in their home. Arrests can also be conducted without a warrant if an officer has reason to believe that the suspect is engaged in criminal activity. In these situations, probable cause could be developed based on the investigatory detention.

While there is generally no set arrest procedure for drug-related charges, someone may do something to attract the eye of law enforcement. Once the police develop probable cause, they could question the person and even conduct a limited search if the circumstances warrants it. If they find drugs, they could then make an arrest.

In other types of cases, the police might believe that someone is involved in drug sales. Law enforcement will often times involve confidential informants to engage in a controlled buy or conduct ongoing surveillance to have a baiss to present an affidavit of probable cause to a judge for the arrest of the person or a search of their home for further indicia of illegal activity that may ultimately lead to an arrest.  It is critical to enlist the assistance of a criminal defense attorney who can raise arguments about the sufficiency and reliability of the affidavit of probable cause and/or the credibility of a confidential informant among other pertinent issues regarding the scope of searches pursuant to a warrant or the legality of warrantless searches..

Risk of Arrest to Bystanders

Depending on the scene of a drug arrest, others present might be at risk of facing consequences. If somebody who lives with their partner or family is arrested in their home, their household members may face consequences depending on their own unique circumstances and criminal history/supervision status. An individual’s role in the home, their history, and how close they are to the drugs in question are the three factors that can determine whether or not someone is at risk of facing a drug charge themselves if they are present at the scene of a drug arrest.

If someone who happens to be walking down the street with a group of friends is stopped by police and subsequently faces a Dublin drug, their friends are likely in no danger of facing any consequences. An individual should not be arrested if they were unaware of the presence of drugs. There would be no reason to believe that the friends had any idea the arrestee was in personal possession of the controlled substance unless circumstances indicated otherwise (i.e. participating in a hand to hand drug transaction).

When Could a Bystander be Arrested on a Drug Charge?

However, if an individual’s arrest occurs while their friends were aware of the drugs and otherwise engaged in illegal activity related to the drugs (sales, use, etc.) or subject to probation or parole with a search condition, those factors could influence whether or not someone at the scene of the drug arrest faces consequences.

A Person’s Rights During a Drug Arrest in Dublin

At the time of a drug-related arrest in Dublin, people have the right to an attorney and to remain silent. Additionally, if a police officer stops an individual on the street, that person does not have to consent to a search unless they are on probation or parole. If someone is arrested for a drug-related offense in Dublin, he or she should not discuss anything with the police except for truthful information about their identity.

An Attorney Could Protect Your Rights After a Drug Arrest

If you have been arrested and taken into custody in Dublin on a drug offense, one of the next steps might be for you to be released on your own recognizance. Depending on the circumstances, you may not be released on your own recognizance, potentially requiring bail. If you are facing a Dublin drug arrest, it may be wise to work with an experienced drug crime defense attorney. Protect your rights in the criminal process by calling today.

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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.

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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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