It is highly important for people who are being charged with possessing a controlled substance to be aware of the proper procedure for drug arrests in Martinez. Constitutional violations and other errors made by law enforcement could be used by a seasoned defense attorney to minimize an individual’s potential penalties, or possibly dismiss the case entirely. Therefore, it is advisable to work with a skilled local lawyer from the onset of your criminal case.
The arrest procedure depends on whether the individual is being charged with a misdemeanor or felony drug offense.
In order to be arrested on a misdemeanor drug case, the officer would have actually need to see the defendant committing the illegal conduct. For instance, if someone is on probation and are subjected to a random search where it is discovered he or she has a small amount of an illegal substance, that might be a misdemeanor simple possession charge.
In this case, the police officer could arrest the individual right there and take him or her into custody. The other option is something called a cite and release, where the officer lets the individual know that a police report is being filed and potential charges may ensure. If the individual is arrested, he or she must be arraigned within 48 hours and be given notice of what his or her charges are. In either case, the individual will be required to go to a court date on his or her misdemeanor charge.
If the defendant is being accused of a felony, then he or she does not need to have committed the drug offense in front of a police officer. This is because there will often be a long period of investigating that leads to an arrest.
Law enforcement might have confidential informants engage in controlled buys and after they have gathered enough information, they might put together a request for a search warrant. After the search warrant has been signed by a judge, police will go to the defendant’s house or identified location and search for illegal substances and related materials such as paraphernalia or scales and baggies that indicate involvement in drug sales or trafficking.
There are certain mistakes that can be made by law enforcement during drug arrests and investigations. These are usually errors relating to the Fourth Amendment. Individuals have the right to be free from unlawful searches and seizures, but there are times when law enforcement officers may search someone unlawfully, access a home or location without the legal basis to do so, or invalidly go beyond the scope of a valid search warrant.
There are instances where a warrant is lawful but other actions by law enforcement are not. For example, it is unreasonable for a police officer to have a search warrant to confiscate a piano and then go look in a shoebox in someone’s bedroom and discover drugs – it is clear that a piano would not be found in a shoebox. Officers can sometimes go beyond the scope of a legal stop and frisk – if a frisk is aimed at discovering weapons that could pose a danger to the officer but the officer goes into someone’s pocket to manipulate an item that is not immediately identifiable and does not feel like a weapon but discovers a baggie of cocaine then the officer has likely engaged in a contestable search.
Another error that officers often make is the failure to test the drugs that are found to identify them as the controlled substance that the person is accused of possessing or using. In some cases, a person could be arrested for drug possession in Martinez, but it is later discovered the substance is not illegal or there isn’t enough of the substance present to identify it as a controlled substance. Proper drug analysis and lab procedures are a critical part of drug cases.
Procedural mistakes during drug arrests in Martinez can be used by a skilled attorney to build the underlying defense and the position that the defendant is going to take when negotiating with the district attorney. It can also be used to file a motion to suppress evidence if there was an unlawful search or seizure.
Additionally, it helps when building the case or preparing the case for jury trial because the prosecution is required to prove each element beyond a reasonable doubt. If one of the elements is not met, it positions the defendant better to be vindicated at trial. Call our office today to assess how our team can help with your matter.
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 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
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!