People facing drug charges could benefit from contacting an experienced defense attorney. There are a large variety of drug offenses that can be charged in a case and building a defense against drug charges in Martinez requires the skill of a well-practiced local lawyer. If you or a loved one have been charged with committing a drug-related offense, you should not hesitate to seek legal representation right away.
An attorney has the experience necessary to identify weaknesses in the prosecution’s case, such as constitutional issues related to the Fourth, Fifth, and Sixth Amendment. For example, if someone is facing a drug charge that came out of an illegal stop or search, that would be a Fourth Amendment violation and a potential basis for a motion to suppress the evidence.
A legal professional could ensure any constitutional violations are addressed and litigated. This is especially important if the defendant ever wants to appeal his or her sentence or conviction.
The other reason it is important to seek guidance from an attorney is that these cases can be complex. Defendants should look for guidance from an attorney who can explain the process, what the judge is saying, and what types of motions should be filed.
It is critical to seek out a lawyer who knows how to communicate effectively with judges and prosecutors, understands the type of material that is relevant to examine in a drug case and what type of evidence they should be collecting, and which witnesses need to be interviewed or investigated.
The most important information someone facing a controlled substance offense should have prepared during their consult is the charging document or complaint – or at a minimum knowledge of the crimes alleged at the time of arrest. The formal written complaint contains what the charges are, such as possession of paraphernalia, possession for personal use, or possession for sale, the associated Health and Safety Code section, the date the alleged incident happened, the county the incident is said to have occurred in, and a brief statement of how the Health and Safety Code was violated.
During the consultation, an individual can disclose relevant facts surrounding the arrest, including the circumstances of any search that occurred. Drug searches can only occur if the police have gotten a warrant to search the defendant’s house or vehicle, the defendant consented to a search, the defendant is on probation or parole from a previous charge and has waived their Fourth Amendment rights, or there is some exception to the warrant requirement like a search incident to lawful arrest, exigent circumstances, plain view, or stop and frisk.
The above mentioned details make it possible for a Martinez drug attorney to determine how best to begin building a defense against the drug charges. For example, if the search was unconstitutional, an experienced lawyer could argue that the charges should be dropped as a result.
The biggest thing that a lawyer can do for someone facing charges for drug crimes is identify legal deficiencies in his or her case. It is extremely important for someone facing criminal charges to have somebody, who knows the law, look for constitutional violations, identify them, litigate them, and potentially have the entire case dismissed.
Additionally, well-practiced attorneys are trained in the interpersonal relationships that exist in the court room. Effective advocacy requires a professional who knows what the prosecutor or judge are going to care about or what they will find persuasive. An effective lawyer will be able to package their evidence together in a way that mitigates the circumstances, leads to a dismissal for the client, or makes an impact on a jury at trial.
Penalties can include more than potential incarceration and fines. A conviction for a drug offense can impact a person’s immigration status and can result in the denial of certain benefits if the individual relies on state or federal aid for housing or food stamps.
Probation is often a part of a sentence following a custodial sentence or in lieu of a custodial sentence. If someone is on probation for a drug offense, the terms of his or her probation likely include a Fourth Amendment waiver. This means that he or she is subject to search and seizure at any time of the day or night, by a police officer, without probable cause.
An experienced lawyer in Martinez could build a defense that correlates with the defendant’s goals. If a defendant’s goal is to not do any custodial time and he or she has the potential to succeed a term of probation even with a search clause, then that might be something that an accomplished attorney could work toward negotiating to keep the client out of custody. In the event a plea to a reduced crime is not advisable, the attorney can prepare the client and case for trial in an effort to secure a not guilty verdict from a jury.
If you suspect or have been made aware that you are being charged with a drug offense, it is in your best interest to notify a local attorney right away. Our skilled team of lawyers are experienced with building a defense against drug charges in Martinez and could help you.
Reach out today and schedule your initial case consultation. The first consultation is always free.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
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!