Building an Oakland Drug Possession Defense
A drug possession charge in Oakland is a severe offense. A conviction or guilty plea could leave an individual with a serious criminal record that may affect their housing, employment, and educational opportunities later in life. Building an Oakland drug possession defense could require the assistance of an experienced criminal defense attorney who understands the seriousness of the charge. Therefore, if you are facing charges, contact a dedicated drug possession lawyer today.
Mistakes to Avoid in a Drug Possession Case
It is a mistake for someone who is in contact with police in relation to a drug possession charge to start answering law enforcement’s questions without a lawyer present. While it may be an arrestee’s instinctive motivation to be honest and tell the police what happened, he or she should not presume that the police have his or her best interests in mind.
Talking to the police without a drug lawyer present never makes a case easier, but it may make a case significantly harder. If you find yourself being questioned about a possession charge, decline to speak with the responding officer and contact a drug attorney as soon as possible.
Constructing an Effective Defense for Drug Possession
When charged with a drug crime, it is important to have a drug attorney on one’s side. Before doing anything else, a lawyer who is building an Oakland drug possession defense will want to interview and listen to the defendant. The lawyer could also read through the police reports and investigate the background of the case.
In many cases, the attorney will also seek out lab results to verify if the substance was (1) tested, and (2) verified as an illegal controlled substance. The identity of the substance is a crucial element of the crime, as well as the knowledge of its presence and intended use. In addition, the lawyer may assess any constitutional violations and prepare to attack any evidentiary issues in court.
It is important to contact an experienced drug possession lawyer early in the case because certain tasks should be completed right away. For example, lab tests need to be preserved quickly, and there may be problems with the search and seizure that need to be investigated promptly. The lawyer will want to get a copy of the search warrant as early as possible.
The sooner someone accused of a crime begins working with an attorney, the better – his or her attorney will be able to dissect the case and help answer questions about what is to be expected going forward.
Constitutional Issues in Drug Possession Cases
The most significant constitutional issue that can come up in an Oakland drug possession case is the Fourth Amendment, relating to if a person is searched lawfully and whether the drugs were discovered legally and can be used as evidence.
The defense lawyer may identify the officer’s reasoning for the search, as well as interview the defendant and listen to his or her side of the story to verify that the stop and search were done in accordance with the law. If an attorney determines that a search was conducted unlawfully, he or she may move to bar any resulting evidence from the court.
An Attorney Could Help with Building an Oakland Drug Possession Defense
An experienced criminal defense lawyer knows the more serious controlled dangerous substances and their possible penalties. He or she may also understand the best methods for building an Oakland drug possession defense to garner an acquittal or a mitigated sentence.
If you have been arrested for drug possession, do not speak freely with the police. Contact a knowledgeable criminal defense lawyer who could work to protect your rights in the criminal justice system.