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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





Law Enforcement Mistakes in Oakland Drug Cases

While law enforcement follows a variety of protocols when conducting investigations, they are not immune from making mistakes. If you were arrested for a drug violation, it is important to consider the possibility of law enforcement mistakes in Oakland drug cases while formulating a credible defense. A dedicated drug lawyer could examine the factors surrounding the alleged offense and work to identify potential missteps by police. Call and arrange for an appointment to start discussing potential legal strategies.

Common Mistakes When Issuing a Drug Charge

Law enforcement officers can make mistakes when issuing drug charges. There are occasions when someone is arrested with a drug charge and the substance at issue turns out to not be a drug or controlled substance. However, this determination is often made when chemical testing is performed. Prior to the determination, police may believe that they found an unlawful substance on a person and they may place them under arrest and charge them with possession. However, if the testing determined that the substance itself was not unlawful, charges typically will not be filed in court.

Other mistakes that happen frequently in drug charges involve the method of the search or the seizure of the drugs. It could be that the search or seizure was not lawful or that an unreliable confidential informant obtained the drugs. In such cases, an attorney could file a motion in court to have the items discovered suppressed. If suppressing the evidence is successful, it is likely that the district attorney will be unable to proceed any further and may decide to dismiss the case. However, this is not always the case, and a defendant should not rely on such a possibility. Once arrested, the individual should seek adept legal counsel and begin building a credible defense.

Using Procedural Mistakes to Inform a Defense

An attorney should aggressively file motions on behalf of the accused individual if there are procedural or constitutional issues stemming from the arrest. The most common instance is illegal search and seizure. This is when law enforcement violates a person’s constitutional rights through an unlawful search and seizure of evidence. Bringing those motions in court may result in such evidence being suppressed. If the court decides to suppress that evidence, the prosecution may be unable to prove their case.

Investigate Possible Oakland Law Enforcement Mistakes With an Attorney

It is recommended that a person facing drug charges in Oakland contact an attorney immediately. Law enforcement mistakes in Oakland drug charges may significantly impact a person’s case. Many cases involve illegal search and seizure or simply a misidentification of substances. These are not minor errors and may severely impact a person’s drug case. Furthermore, the quicker a person connects with an attorney who understands drug cases, the faster they may be able to start building a valid defense. Drug cases can be frustrating, but a skilled lawyer could advocate on your behalf and fight to protect your rights. Call and schedule an appointment for a legal consultation and start assessing your potential legal options.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer