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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Building an Oakland Drug Defense

Drug violations are relatively common offenses. A person who is charged with such a violation could face significant legal consequences which may include costly fines and substantial incarceration periods. Someone who has been charged such an offense may benefit from building an Oakland drug defense early on in their case.

Contact a skilled drug lawyer who is familiar with the rules and regulations surrounding drug offenses. They could examine the factors involved in your case and work to help develop a credible defense.

Importance of Involving an Attorney Early on in a Case

Any person arrested for any crime should retain a criminal defense attorney immediately in order to start building an Oakland drug defense. In the event they are arrested for drug possession, the same applies. When a person delays in obtaining legal counsel following an arrest for a drug offense they could be jeopardizing their case. An experienced attorney could help identify legal issues and legal deficiencies that may ultimately strengthen a person’s defense. This could involve reviewing issues of illegal search and seizure by law enforcement. If that is overlooked, the defendant may enter a Pretrial Diversion Program or even a plea bargain that they do not need because there were constitutional and legal problems with the case. In essence, involving a lawyer early in the case could help mitigate potential legal risks.

Potential Defense for Drug Possession

The first defense to a drug possession charge could be that the person actually did not possess them or that the drugs were not found immediately on the person. If the drugs were in proximity of the person, or in a place where the person is living or staying, it does not necessarily mean that there is going to be sufficient evidence to prove that the person possessed the drugs.

Another defense may be that the drugs are actually not illegal substances but lawfully possessed over-the-counter medication that was improperly identified by law enforcement. The substance may even be what is referred to as bunk, which is not an unlawful substance (fake cocaine or crack cocaine).

Another defense at the beginning of the case could be to determine if the drugs themselves were lawfully seized. If they were not, then the first avenue of attack typically is going to be to file a motion to suppress evidence to have the drugs themselves thrown out by the court because the seizure of the drugs, or the search of the arrested individual, was unlawful. An unlawful or illegal search and seizure generally is regarded as a violation of a person’s Fourth Amendment rights. As a result, such a violation by law enforcement could involve significant constitutional issues.

Legal Uses for Controlled Substances

A drug lawyer’s knowledge of controlled substances would be a definite plus when representing a person charged with drug possession. There may be medical reasons why someone has a particular drug on them. Understanding the laws are surrounding the substance, such as marijuana, could assist an attorney as they attempt to successfully fight a marijuana possession case. The biggest factor typically is the difference between simple possession and possession with intent to distribute. A person who is arrested for drug possession with intent to distribute could be at risk for severe legal penalties. Therefore, it is critical that a defendant reaches out to a lawyer with experienced building an Oakland drug defense.

Learn More About Building a Drug Defense in Oakland

Seek the legal services of an accomplished drug defense lawyer to discuss options for building an Oakland drug defense. Preparing a substantial defense that is both convincing and legally valid may strongly help a person succeed in court. Schedule an appointment to begin reviewing potential legal strategies.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer