Jo-Anna Nieves
Founding Attorney
Oakland Drug Paraphernalia Lawyer
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Paraphernalia is defined as any device that is used for unlawfully either injecting or smoking a controlled substance. The items themselves are specifically defined in the statute as actual controlled substances. If you have been charged with possession of drug paraphernalia, seek the services of a skilled Oakland drug paraphernalia lawyer. A drug defense attorney could help you build your defense.
As an Oakland drug paraphernalia lawyer might explain, common examples of drug paraphernalia seen in court are:
Paraphernalia charges in Oakland and throughout California are misdemeanors, so they are handled in misdemeanor courts. The person is not likely to see any jail sentence. They are more than likely going to be placed on probation or perhaps on a drug diversion. This is not to say the crimes are not treated seriously but because it is a misdemeanor and not a felony, the risks of significant jail time and high fines are not there. The majority of drug paraphernalia cases can be handled through drug diversion, which could result in the case being dismissed.
The majority of the time, law enforcement on the street will discover drug paraphernalia after contacting somebody, either for criminal investigation or even for a non-criminal purpose. The drug paraphernalia may be observed by law enforcement on a person’s possession or discovered after a search of a person who is being detained and subsequently arrested for any offense, even if it is a non-drug offense. In the course of a search, if they find drug paraphernalia on a person, that will be an additional charge, regardless of what the original basis for the detention and arrest was.
In terms of a person’s rights when caught with drug paraphernalia, someone charged with a drug paraphernalia offense can avail themselves of drug diversion, provided they do not have certain priors or previous drug diversion. Also, separate entirely from fighting a case with drug diversion, somebody has the right to attack the search and seizure of the drug paraphernalia by law enforcement. In terms of the drug paraphernalia items were recovered during an unlawful search or unlawful seizure, that person has the right seek to have the court suppress the items themselves. If the court does in fact suppress the items, the district attorney will be forced to dismiss the case because without the items, there really is no case. An Oakland drug paraphernalia lawyer could help protect a person’s rights, following an arrest for drug paraphernalia.
Under California drug law, drug paraphernalia crimes are misdemeanors. The penalties would be up to one year in a county jail and fines up to $1,000.
The type of paraphernalia involved does not impact a charge. All drug paraphernalia are treated the same. The charge is a misdemeanor, so whatever particular device or item is the subject of the charge is not going to aggravate it. Whether a person has one or more items of drug paraphernalia is not going to increase the charge. It also does not matter what drug the paraphernalia is used for.
In order to lessen or eliminate the penalties that you face, an Oakland drug paraphernalia lawyer can do a couple of things. If drug paraphernalia charges are filed, an attorney could advocate for you to be referred to drug diversion. If you are successful on drug diversion, the entire case can be dismissed.
If there is a conviction for drug paraphernalia crimes and you are placed on probation, when that probationary period is over, the attorney can petition the court on your behalf, to have your record expunged. Speak with a criminal defense attorney to learn more.
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.
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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
