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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





Oakland Drug Laws

Oakland drug laws prohibit the possession, transportation, or sale of illegal drugs. Controlled substances in Oakland are defined by statute, but the most common are cocaine, methamphetamine, heroin, other opioids, and PCP, otherwise known as angel dust. Drug sales and trafficking in opioids or cocaine are the primary drug crimes commonly seen in Oakland.

Oakland judges and prosecutors take drug crimes seriously, and those arrested face serious penalties. An experienced criminal defense attorney could explain the nuance of Oakland drug laws and work to mitigate a defendant’s charges. Call today and set up a consultation with a skilled drug lawyer.

Classifying Illegal Drugs in Oakland

Drugs considered more dangerous and more addictive have greater penalties under the Oakland drug laws. The California Health and Safety Code identifies the schedules of narcotics in California and follows federal law. There are five classes of narcotics with Schedule 1 drugs having more penalties because of their potential for abuse and addiction. As a result, some drugs are penalized more harshly than others, including cocaine and PCP.

Exceptions for Marijuana

One of the prime exceptions that enables one to legally interact with drugs is Oakland’s treatment of marijuana. Under state law, it is legal for adults over 21 to possess up to an ounce of flowers and up to four grams of concentrated cannabis for private use.

Minimizing the Impact of a Drug Charge

Depending on the drug in question and the nature of the allegedly criminal behavior, an attorney might do one of two things right away to minimize the impact of a drug charge. First, the attorney may try to draw suspicion about the manner in which the drugs were discovered or located. Often, Oakland police may search someone’s home, car, or person without a warrant. An attorney could challenge the way the search was conducted and try to bar the evidence found in the search from coming to trial.

The other way to reduce the impact of a drug charge may be to negotiate different outcomes than what is proposed, particularly when a defendant has a drug use problem. In many cases, an attorney could negotiate for a defendant to attend a drug treatment program rather than face incarceration. Few people go to jail or prison for drug charges. If they do, it is usually because they are significant drug traffickers.

Call to Learn More About Drug Laws in Oakland

Any drug charge is intimidating. A defendant faces potential jail, loss of income, and a permanent criminal record that may affect his or her housing and employment options. When someone is not a citizen of the United States, they may face serious immigration ramifications based on a narcotics charge. Almost all narcotics charges could lead to deportation.

If you have been arrested or charged for a violation of Oakland drug laws, do not hesitate to contact an experienced criminal defense attorney. The potential consequences of a narcotics conviction are too severe to leave your case to chance. A knowledgeable attorney could help you navigate the criminal justice process and work to preserve your future.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer