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Oftentimes, experienced defense attorneys representing someone who has been charged with possessing a controlled substance look into the circumstances surrounding the individual’s arrest to determine if there were any violations that occurred. This is because law enforcement can make significant errors during drug arrests in San Leandro.

If a police officer makes a constitutional error during an arrest, a skilled lawyer could use that as grounds for a reduced penalty or request the case be dismissed entirely. If you have been charged with a drug offense, it is highly advisable to seek legal guidance right away.

Arrest Procedure for a Drug Offense

The typical arrest procedure for drug offenses in San Leandro are similar to arrest procedures for many other crimes. The process depends on whether or not the police have a warrant or if this was conduct that occurred in the presence of law enforcement. Oftentimes for serious drug cases, law enforcement secures a search or arrest warrant after investigating and individual for a while, maybe by using undercover officers or controlled buys. If police have gathered enough data to generate probable cause for an arrest, they can issue a warrant to arrest the individual. Otherwise, the police officer will apply for a search warrant with the judge in order to obtain additional evidence that can lead to an arrest for a drug crime.

Another way someone could be arrested for drug charges is if the police officer has reasonable suspicion to stop him or her and during the course of the investigation, develops probable cause to arrest him or her. For example, if a law enforcement official stops someone for having an expired registration and notices drugs and drug paraphernalia in the vehicle – like a meth pipe and a baggie of drugs in the cup holder, that would generate probable cause to effectuate an arrest because the officer has personally observed the controlled substance in the defendant’s possession.

Can the Type or Quantity of a Controlled Substance Affect the Arrest Process?

The quantity of a drug can substantially impact how local law enforcement approaches an arrest. It comes down to whether the possession of the controlled substance is for personal use or intended for distribution.

Someone who possesses drugs for personal use is not going to be the subject of a long-term law enforcement investigation. More likely, someone will be stopped for a reason unrelated to drug use and over the course of a police officer’s interaction with the individual, he or she develops probable cause to determine that the individual has something on their person or is under the influence. This could also be the case for charges related to possessing paraphernalia. Paraphernalia would include, but are not limited to, crack pipes, meth pipes, and foil with residue.

On the other hand, someone who is manufacturing, transporting, or selling drugs might be the subject of investigation for months, sometimes even years before the police secure a search or arrest warrant.

Discuss Drug Arrests with an Attorney in San Leandro

If you or a loved one were arrested for possessing a controlled substance, you could benefit from reaching out to an accomplished defense attorney. A well-practiced lawyer understands the requirements for officers making drug arrests in San Leandro and could determine whether any critical errors are present in a case. An attorney could build a defense that could minimize your potential penalties or possibly have your case or certain evidence dismissed. To learn more about how an attorney could help you, call today and schedule a free consultation.

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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.

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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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