Call Us Today - It's Free! Text Us
Text Us

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 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.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

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 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.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

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.

Contact Us

Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.

Schedule a Meeting

Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.

Take Back Your Life

We work to resolve your legal problems so you can focus on what is most important



Why You Can Trust Us with Your Future

Our Criminal Defense Practice Areas

Our videos

Going to Court?

See All Courts