Jo-Anna Nieves
Founding Attorney
Oakland Drug Charge Lawyer
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In Oakland, a conviction for a drug crime, whether a felony or a misdemeanor, could significantly impact your life for years after your case wraps up in the criminal justice system. Given the serious implications involved, it’s critical to take the necessary steps to protect your future if you’re facing drug charges in Oakland. At The Nieves Law Firm, we take the criminal out of criminal defense. It’s what we do. Contact our Oakland drug lawyer to see if we can help you with your drug charges. En Español.
Changes in the laws regarding the possession of marijuana and controlled substances have lulled many people in Oakland into a false sense of complacency concerning drug crimes. However, the penalties related to other drug offenses remain severe, and even a “minor” drug conviction could result in consequences that cause difficulties for years to come. A drug conviction on your record may cause you to lose a job or professional license or make it difficult to convince banks or landlords to trust you. In light of this, it is worthwhile to fight vigorously against almost any drug charges, no matter how inconsequential they may seem in comparison with other crimes. An Oakland drug lawyer who knows how to handle crimes involving controlled substances may be able to help you achieve the best possible result in your case. To get started on your defense, call and schedule a consultation.
In the criminal justice system, drugs, substances, and certain chemicals are sorted into five categories or schedules based on the drug’s recognized medical use and potential for abuse. In regards to Oakland drug crimes, Schedule 1 drugs are defined as drugs with no recognized medical use and a high potential for abuse, while Schedule 5 drugs are accepted within the medical community and carry a lower potential for abuse. Some of the most common drugs in each schedule include:
Schedule 1: Heroin, LSD, Ecstacy, Peyote, Marijuana
Schedule 2: Cocaine, Methamphetamine, OxyContin, Fentanyl, Adderall, Hydrocodone, Opium
Schedule 3: Ketamine, Anabolic Steroids, Testosterone
Schedule 4: Xanax, Valium, Ambien, Tramadol
Schedule 5: Cough Syrup with Codeine, Lomotil, Lyrica
No matter the type or schedule of the drug you are facing criminal charges for, we can help. Contact an Oakland drug crime lawyer on our team today to schedule a free consultation and learn more about your options.
Any crime that relates to the illegal possession, manufacturing, or distribution of drugs is considered a drug crime. As such, there are a number of different crimes that are considered drug offenses. Our Oakland drug attorneys have represented clients facing a variety of different drug crimes, and we’ve been able to achieve great outcomes for our clients in these cases. Some of the most common drug offenses that we represent clients accused of include:
If you have been charged with any of the violations listed above, it is important that you speak with a drug lawyer in Oakland. Contact The Nieves Law Firm today to schedule a free consultation to learn more about the exact criminal charges you are facing and how we can help you fight those charges.
Under California Health and Safety Code §11350, anyone found in possession of a controlled substance may be sentenced to up to one year in county jail and be required to pay a fine. This law applies to illegal drugs such as heroin and cocaine, as well as prescription narcotics, if they have been obtained without a valid prescription. If the individual charged has prior drug convictions, they may be subject to more severe penalties for a possession charge.
Cal. Health and Saf. Code §11550 provides similar penalties for those found to be using or under the influence of a controlled substance, and §11364 provides misdemeanor penalties for those found to possess prohibited drug paraphernalia.
Drug offenses involving more than simple possession of substances other than marijuana are treated substantially more harshly in Oakland courts. For example, the following actions are all considered felonies with penalties that may include several years in prison:
If you are facing either misdemeanor or felony drug charges, we can help. Contact an Oakland drug attorney at The Nieves Law Firm today to schedule a free consultation and learn more about how we can help you fight your drug charges.
An important aspect of every criminal charge is whether or not you are in violation of an aggravating factor. In the criminal defense world, aggravating factors are specific circumstances that increase the penalty for an alleged crime. Some common types of aggravating factors in Oakland drug cases include:
Did you know that a conviction for a drug-related crime could lead to deportation? Yes, even something as simple as possession of a controlled substance (other than marijuana) could impact your immigration status. Drug convictions are treated harshly under immigration laws, and many different types of drug charges can affect your immigration status – regardless of whether the crime is considered a felony or misdemeanor. Typically, immigrants who are convicted of crimes related to the transportation, cultivation, or selling of controlled substances will be deported with no possibility of relief. This is why it is so important to share your immigration status with your attorney and why our team always asks clients about their immigration status and what their goals for the future are.
If you are convicted of a drug crime, and it is leading to immigration consequences that you weren’t aware of at the time of conviction, you could pursue relief through a motion to vacate. Visit our page about motions to vacate and learn how our office can help with these specific types of conviction relief.
Under California Health and Safety Code §11350, anyone found in possession of a controlled substance may be sentenced to up to one year in county jail and be required to pay a fine. This law applies to illegal drugs such as heroin and cocaine, as well as prescription narcotics if they have been obtained without a valid prescription. If the individual charged has prior drug convictions, they may be subject to more severe penalties for a possession charge.
Cal. Health and Saf. Code §11550 provides similar penalties for those found to be using or under the influence of a controlled substance, and §11364 provides misdemeanor penalties for those found to possess prohibited drug paraphernalia.
Marijuana is treated differently under California law than other substances. Possession of less than an ounce is not generally prosecuted, and possession of up to 28.5 grams is an infraction punishable by a fine, as well as drug education and counseling for those under the age 18.
Possession of more than that amount is a misdemeanor punishable by up to six months in jail and a fine of up to $500. Penalties for sale, possession with intent to distribute, and cultivation of marijuana are similar unless the individual involved has certain prior convictions or attempts to distribute marijuana to minors under the age of 18. In either of those cases, the offense becomes a felony. In all cases, it is important to remember that marijuana is still a Schedule I drug under federal law and can be punished as a federal offense.
Drug offenses involving more than simple possession of substances other than marijuana are treated substantially more harshly in Oakland courts. For example, the following actions are all considered felonies with penalties that may include several years in prison:
Knowledgeable criminal defense attorneys understand that there are a number of defenses that may be applicable in certain legal situations, including various charges involving controlled substances. To begin with, every criminal offense in Oakland consists of certain elements which must be proven in order to obtain a conviction. Therefore, showing that there is insufficient proof regarding one of these elements frequently forms the backbone of an effective defense.
For instance, many offenses require the individual charged to be aware of the nature of a substance or device before they may be convicted of having it in their possession illegally.
In other cases, it could be argued that police violated someone’s rights or otherwise failed to follow proper procedure during an investigation or arrest. They may have failed to follow search and seizure rules, which could lead to a dismissal of your charges. Watch the video below to learn more about what constitutes an illegal search.
Law enforcement could also fail to obtain a legitimate warrant, violate entrapment laws, or make an arrest without sufficient evidence.
If evidence is obtained in violation of the law, an attorney could make a motion to suppress that evidence, which may, in turn, lead to the dismissal of a case. A drug lawyer in Oakland could provide further information about what defenses may apply to an individual case. If you are facing drug charges in Oakland or nearby, you should contact a drug charge lawyer as soon as possible.
Being charged with a drug offense can be a daunting experience. In Oakland, as is the case across many regions in the United States, the term “drug offenses” encompasses a range of crimes related to controlled substances. While some offenses might seem minor on the surface, even a small infraction can result in substantial legal and personal challenges.
The consequences of a drug conviction can be far-reaching, impacting employment, housing, and even personal relationships. It’s crucial to be proactive if you’re facing charges. Seek out experienced legal representation, understand the charges against you, and work closely with your attorney to identify the best defense strategy.
If you’ve been charged with a drug-related offense in Oakland, contact a skilled Oakland drug charge lawyer who understands the nuances of common drug offenses and is adept at building a defense tailored to your unique situation. Your future may depend on it.
One of the best ways to fight a drug charge is by challenging the legality of the search or seizure performed by law enforcement. If your attorney can show that the search was not lawful, then any evidence that law enforcement found during the search will be inadmissible in court. The Fourth Amendment protects us from illegal searches and ensures that law enforcement cannot search you or your belongings unless they have obtained a search warrant or they meet one of a number of exceptions. These exceptions include:
If you believe you were subject to an illegal search by law enforcement, we may be able to help you challenge throughout the legal process. An Oakland drug lawyer could provide more information about illegal searches and help work to get the search in your drug case thrown out.
Sometimes law enforcement is unable to obtain direct evidence that shows that a drug transaction took place. In these specific situations, police will look for evidence that is known as indicia of sale. Basically, they are looking for evidence that indicates you have or plan on selling the controlled substances. Some evidence that may be used to prove indicia of sale include:
The District Attorney (DA) can use this evidence to bring forward charges related to the sale of drugs, even if they never witnessed a transaction. Drug charges related to the sale or distribution of drugs are always severe, and it is important that you have an experienced Oakland drug attorney on your side if you are facing this life- altering criminal charges. Contact our team today to schedule a free consultation and learn more about how we can help you fight your drug trafficking charges.
Even minor drug offenses can have major consequences down the road. If you are facing any type of criminal charges involving marijuana or other controlled substances, you should consider talking to an Oakland drug charge lawyer who could explain your options for protecting your rights and your reputation. The consultation is free, so call now to find out how an attorney with knowledge and experience in California drug laws could help.
What sets our firm apart from others is the level of personal attention we give our clients – our attention to detail. We know what a good outcome looks like, and we are always fighting for the best resolution in every case. We have developed strong relationships within the legal community that allows us to put our client’s best foot forward. We are strong litigators, and we love to win. We can’t guarantee any outcome, but we’ve litigated hundreds of motions related to searches, police misconduct, and the reduction of charges. We’ve taken several cases to jury trial, and we’ve won numerous sales-related drug cases in trial. We’re always focused on achieving the goals we set forth while working with our clients, which allows us to find resolutions that don’t impact our clients’ plans for the future. But don’t just take our word for it. Here are what previous clients had to say about our team and our legal work.
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.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
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
Penal Code 1275 allows the court to hold somebody in custody pending trial. Essentially, al court can place a hold on your bail if they see fit. In most cases involving drug crimes, a PC 1275 hold is placed on a person if they believe the money used for bail came from some form of illegal activity, such as the manufacturing, transportation, or sale of controlled substances. For a judge, prosecutor, or police officer to place a hold on somebody’s bail, they must believe the money came from some sort of felony crime. They cannot place a hold If they suspect the money came from a misdemeanor offense.
The defendant can challenge the PC 1275 hold at a court hearing, If you can prove by a “preponderance of evidence” that the money was obtained legally, the court must remove or release the bail hold. If you need assistance with a bail hold, contact our office to schedule a consultation and see how we can help.
Specific drug crimes may be prosecuted in Federal Court rather than State Court depending on the facts and circumstances that led to criminal charges. This is relevant as the penalties for federal crimes are often more severe, and drug crimes are no exception. For example, a person federally charged with trafficking cocaine could face up to 40 years in prison and a fine of up to $5 million. So, what constitutes a federal crime? All crimes that occur across multiple state lines can be charged as a federal offense. Additionally, any crimes committed on federal land such as national parks, national wildlife refuges, or military reservations can be prosecuted in federal court. Lastly, any crime that is being investigated by a federal agency such as the Drug Enforcement Administration (DEA) or the Federal Bureau of Investigation (FBI) may be prosecuted in federal court.
Most federal drug crimes are subject to mandatory minimum penalties, meaning that the judge must sentence you to a specific penalty unless persecutors specifically request to sentence you below the mandatory minimum. Due to the harsh penalties associated with federal crimes, it is important that you work with a skilled drug lawyer in Oakland if you’re facing federal drug charges. We have experience with drug cases, and we have a good understanding of the federal laws that may play a role in your drug case, such as what constitutes an illegal search. Contact us today to schedule a free consultation and further discuss your case.
Every person who has traveled by plane understands the stressful experience associated with navigating through an airport. However, that stress can go to another level if you are arrested for the possession of illegal drugs. While simple possession of marijuana is legal in California by individuals over the age of 18, it is still illegal federally and therefore a federal crime to possess marijuana or other drugs at an airport. Crimes committed at an airport can be charged in either State or Federal court, making them even more complicated.
Possession of most controlled substances other than marijuana is a misdemeanor, but they can be considered a felony depending on the quantity law enforcement finds. At The Nieves Law Firm, we have experience representing individuals who were arrested at an airport. If you’re facing drug charges due to an arrest that occurred at an airport, we may be able to help.
Marijuana is treated differently under California law than other substances. Possession of less than an ounce by someone under 18 years of age is not generally prosecuted, and possession of up to 28.5 grams is an infraction punishable by a fine, as well as drug education and counseling.
Possession of more than that amount (28.5 grams) is a misdemeanor punishable by up to six months in jail and a fine of up to $500. Penalties for sale, possession with intent to distribute, and cultivation of marijuana are all similar unless the individual involved has certain prior convictions or attempts to distribute marijuana to minors under the age of 18. In either of those cases, the offense becomes a felony. In all cases, it is important to remember that marijuana is still a Schedule I drug under federal law and can be punished as a federal offense.
If you have a prior conviction for a drug crime, you may be wondering about your options to clean up your criminal record. Thankfully, there are a number of different types of conviction relief that may be pertinent based on your situation. One of the most prominent types of record cleanup for individuals who were convicted of marijuana crimes is available under Proposition 64. Proposition 64 was passed by voters in November of 2016, and it legalized the recreational use of marijuana. However, the proposition also provided people with marijuana convictions an avenue to petition the court to have their sentence reduced or conviction dismissed. The qualifying offenses for relief under Prop. 64 are:
If you were convicted of any of the offenses listed above, you may be eligible for relief under Prop 64. Even if you were convicted of a drug crime not listed above, you may be eligible for other forms of conviction relief. At The Nieves Law Firm, we are a leader in post-conviction relief in California and have had multiple published opinions related to our work in this field. If you need assistance getting relief from a prior conviction, give us a call. Click here to learn more about how we can help with post-conviction relief.
