Why You Need an Oakland Drug Defense Attorney
With your future at stake, an Oakland drug lawyer is necessary for your case.
They provide the legal knowledge to have evidence thrown out, and they can skillfully craft a compelling defense against any drug charges you have.
They Can Dismiss Evidence & Reduce Your Drug Charges
Attempting to defend yourself against serious drug charges is not a do-it-yourself job. Drug defense attorneys challenge evidence and whether it was acquired lawfully or handled properly through the chain of custody.
A lawyer can identify areas to spread reasonable doubt to weaken the prosecution’s case and negotiate plea deals to reduce your charges.
They’ll Protect Your Rights
With a thorough understanding of California drug laws, drug attorneys know your rights as the accused. They can fight on your behalf to uphold these rights to ensure the court doesn’t walk over you.
You have the right to refuse police questioning and request the best criminal defense attorney you can find. Additionally, you are protected from an illegal search and seizure of your property.
They Have Access to Expert Witness Testimony
To further produce reasonable doubt in your drug case, a drug attorney can recruit the help of expert witnesses to testify on your behalf. These experts could help discredit the prosecution’s claims and add a layer of difficulty to proving your guilt.
I cannot recommend Seth highly enough. If you are in need of criminal defense, you will not get better representation.
Common Types of Drug Crimes in Oakland, CA
Depending on your case, you could be charged with many different California drug crimes. Attorney Seth Morris helps relentlessly defend his clients against the following drug charges:
Morris Law handles drug cases on the federal and state level.
Although his practice is in Downtown Oakland, California, Attorney Seth Morris travels throughout the Bay Area to represent you. Call Morris Law today if you’re charged with any of these crimes.
Marijuana Crimes
There are specific locations that prohibit marijuana use, age limits you must abide by, and regulations that businesses must follow if they wish to sell cannabis.
Prescription Drug Crimes
Drugs with a prescription are perfectly legal; drugs without a prescription are illegal controlled substances that could result in prison and fines.
Cocaine Charges
Selling and transporting cocaine is still a felony offense that could result in several years behind bars. Even misdemeanor offenses for simple possession could be complex cases to navigate.
Manufacturing a Controlled Substance
According to California Health and Safety Code 11379.6, anyone accused of producing, processing, or manufacturing controlled substances can be charged with a criminal offense.
Felony Drug Charge
California Penal Code § 17 (a) states that a felony is a crime punishable by death or imprisonment in a state or county jail.
Drug Sale and Trafficking
Drug trafficking and sale charges can have a devastating impact on your life. A conviction could permanently alter the course of your life.
Drug Possession
California Health and Safety Code 11350 prohibits possessing a controlled substance without a valid prescription.
Penalties for Drug Charges in Oakland, California
Drug crime penalties in California are specific — rather than a general range, judges typically choose from low, middle, and high sentencing options. Even misdemeanor convictions can carry serious consequences, and felony convictions can alter the course of your life.
- Possession of a Controlled Substance — Misdemeanor offense; up to one year in county jail; fines up to $1,000. (After Proposition 47, simple possession is generally a misdemeanor — but see below for when it can become a felony.)
- Felony Simple Possession — If circumstances elevate simple possession to a felony, you face 16 months, two, or three years in state prison.
- Possession with Intent to Sell — Possession with intent to sell is a felony offense; two, three, or four years in state prison; fines up to $20,000.
- Transporting a Controlled Substance — Felony offense; three, four, or five years in state prison; fines up to $20,000.
- Drug Trafficking — Felony offense; up to nine years in state prison; fines up to $20,000.
- Manufacture of a Controlled Substance — Manufacture of a controlled substance is a felony offense; three, five, or seven years in state prison; fines up to $50,000.
Factors That Can Affect Your Drug Charges and Sentencing in Oakland
California drug crime penalties are unique, and the charges you face depend on several case-specific factors. Each of the following can be the difference between a misdemeanor and a felony, or between a lighter and a harsher sentence.
- The amount of drugs — Even drugs with more lenient laws like marijuana have possession limits. Exceeding those limits — for example, possessing over 28.5 grams of cannabis — can result in criminal charges. For other controlled substances, larger quantities often support charges of possession with intent to sell.
- The type of drugs — California classifies drugs by their potential for abuse. The schedule of the drug in question directly affects the penalties you face.
- Prior convictions — Your criminal background can significantly affect your current charges. A first offense for simple drug possession might result in only a misdemeanor. However, if you have a prior felony conviction or a sex crime conviction, even simple possession can be elevated to a felony charge. Prior convictions may also limit your eligibility for pretrial diversion programs.
- The location where the drugs were found — Being in possession of drugs within 1,000 feet of a school or other designated drug-free area can elevate a misdemeanor charge to a felony. Other laws impose harsher penalties when any drug crime occurs in the presence of a minor.
- Having a weapon — If you are found with a firearm at the time of your arrest for a drug offense, you could face felony charges carrying up to four years in prison, compared to a maximum of one year for a misdemeanor without the weapon.
How Drug Penalties Changed Since Proposition 47
In 2014, California Proposition 47 was voted on to reduce certain felonies to misdemeanor offenses. Proposition 47 has impacted certain drug charges as well. For example, simple possession for personal use of a controlled substance is now a misdemeanor.
Contact a lawyer for drug charges in Oakland to discuss resentencing if you or a loved one is currently serving time for a felony offense that is now considered a misdemeanor. You may not qualify for your charge to be dropped to a misdemeanor if you are convicted of certain types of crimes. For example, individuals seeking criminal defense for cocaine arrest may face additional legal complexities depending on the specifics of their case. Let a criminal defense attorney explain the nuances of Proposition 47.
How are Drugs Classified in California?
California classifies controlled substances into schedules. There are five schedules, and they are ranked based on the level of potential abuse. The classifications are ranked from the most likely to cause users to become addicted to the least likely to be abused. These schedules are:
Schedule 1
Includes opiates or heroin
Schedule 2
Includes drugs like opium or morphine
Schedule 3
Includes drugs such as anabolic steroids or pentobarbital
Schedule 4
Includes drugs like zolpidem or diazepam
Schedule 5
Includes low doses of codeine
Some drugs are less severe than others and may result in lower penalties. However, a criminal conviction could still damage your reputation and limit employment opportunities.
Defenses Against Drug Charges in Oakland
Your drug charges may seem high, and you may think you don’t have a chance in court. However, the criminal justice system believes everyone is innocent until proven guilty.
By working with the right Oakland drug attorney, you can learn effective ways to cast doubt on the prosecutor’s case and the evidence against you.
The following arguments might be available to you:
There Was an Unlawful Search & Seizure
Law enforcement, whether they’re part of the Oakland Police Department or the Alameda County Sheriff’s Office, must have probable cause or a warrant to search your property. If neither of those exists, their search is unlawful. Any evidence obtained should be dismissed and won’t be counted against you.
The Drugs Were Not Illegal
There is a chance that the drugs in question are actually legal. This could include any drug you have a legal prescription for or substances that could have been mistakenly identified as drugs.
The Evidence Was Mishandled
If any evidence against you was improperly handled, tampered with, or in any way broke the proper chain of custody, you could have that evidence dismissed.
Law Enforcement Induced You to Commit the Crime
This is known as entrapment. In this scenario, law enforcement uses tactics to trick people into committing a crime they otherwise would not have committed. If this happened to you, the prosecution’s case would be unlawful, and an Oakland drug attorney can argue that you were illegally charged.
Frequently Asked Questions About Oakland Drug Charges
How Long Do Police Have to File Drug Charges in Oakland?
Police have a deadline to file charges against people they suspect have broken the law. Known as the “statute of limitations,” this deadline ensures that someone isn’t being harassed or unduly punished for something that happened a long time before the charges showed up.
Because California’s drug crimes are either misdemeanors or felonies, there are two statutes of limitations to watch.
For misdemeanors, there is generally a one-year statute of limitations. For felonies, law enforcement typically has three years to file charges. Your attorney can determine if the prosecution filed these charges within an appropriate amount of time.
Will I Have to Go to Court?
Even if your drug lawyer can manage to get the prosecution to dismiss the charges against you, you could be required to make an appearance for pretrial hearings or motions. It’s crucial to review all orders and documents from the prosecutor’s office so you don’t risk a bench warrant if you miss a mandatory appearance.
Alameda County has four different courthouses that deal with criminal matters: check with your attorney about where and when you need to appear, because parking can be a tricky matter as well.
Local Police Stations and Courthouses
You may be taken to the local police station:
– Oakland Police Station
455 7th St
Oakland, CA 94607
(510) 777-3333
These four courthouses handle criminal matters in Alameda County:
– Oakland – René C. Davidson Courthouse
1225 Fallon Street
Oakland, CA 94612
510-891-6000
– Oakland – Wiley W. Manuel Courthouse
661 Washington Street
Oakland, CA 94607
510-627-4700
– Fremont Hall of Justice
39439 Paseo Padre Parkway
Fremont, CA 94538
510-818-7500
– Dublin – East County Hall of Justice
5151 Gleason Drive
Dublin, CA 94568
925-227-6700
Attorney Seth Morris is willing to travel throughout the Oakland area to represent you. Call today if you’re charged with any drug offense.
Are There Pretrial Diversion Programs Available in Oakland?
Not every drug charge will need to go to trial. Instead, you may qualify for pretrial diversion. Under California Penal Code § 1000, those charged with nonviolent, low-level drug offenses may be eligible for pretrial diversion. These treatment programs allow a defendant to enter a not-guilty plea and complete a program to get charges dropped.
You could be eligible for a pretrial program if you’re accused of possessing a controlled substance or drug paraphernalia, or if you’re accused of being under the influence of a controlled substance. Having too much of a drug could disqualify you. Check with your Oakland drug attorney to learn more about pretrial diversions.
Are Most of California’s Street Drugs Decriminalized?
Despite the latest changes to drug laws, most street drugs are still illegal. Adult-use and medical marijuana have been decriminalized, and that’s about it. Almost every other substance is illegal to possess or sell. An experienced defense attorney can help you fight charges if you’ve been accused of possessing illegal drugs.
Can a Recreational Drug User be Charged with “Intent to Sell”?
The prosecution may accuse you of intending to sell drugs, even if you’re just a “recreational” drug user. They may use evidence like a large amount of drugs on your property, tools usually used to divide drugs into “sellable” amounts, large amounts of cash, and high foot traffic to and from your property.
An experienced lawyer for drug charges can find explanations for these “patterns” that the prosecution is trying to establish so there’s doubt that you’re guilty of selling or distributing drugs.
What’s the Difference Between Active or Constructive Possession?
Possession of drugs can fall into different categories, and knowing how you’re charged can affect your defense. You might be accused of “actual” possession, meaning the drugs were on your person or within your immediate access. You could be accused of “constructive” possession, meaning the drugs weren’t within easy reach, but were still under your control.
A good example is a traffic stop in Alameda County. The police could either find drugs in your pockets (actual possession), or they may find some drugs in the trunk of your vehicle (constructive). There are defenses against both kinds of possession, and the right drug attorney can fight your California drug charges.
What's the Difference Between Straight Felonies vs. Wobbler Offenses?
Not all drug felonies work the same way. Some drug offenses are wobblers — crimes that can be charged as either a misdemeanor or a felony depending on the facts of your case. Others are straight felonies, meaning they will always be charged as felonies regardless of circumstances.
For example, under California Health and Safety Code § 11351, possessing any controlled substance with the intent to sell is a straight felony. Evidence that may lead police to this conclusion includes large amounts of drugs packaged in individual baggies, the presence of scales, or cash nearby. Similarly, under California Health and Safety Code § 11352, transporting, importing, selling, or furnishing a controlled substance is also a straight felony.
Your reputation is precious. You can’t let the courts decide your fate based on weak evidence. Seth Morris has experience taking criminal cases throughout the Bay Area. He knows the California criminal justice system and prevents you from falling victim to it.
Time and time again, Seth has secured dismissals for clients facing impossible odds. He will evaluate your case and determine the best course of action through a well-crafted defense strategy. Get a skilled criminal defense lawyer in Oakland, CA to learn your options.