Oakland Drug Crimes Lawyer
California Search & Seizure Laws
Under the Fourth Amendment, you have the right to be protected against unreasonable search and seizures of your home, your property, and your body. Any evidence that was seized unlawfully, such as without probable cause or a warrant, can be deemed inadmissible and thrown out. In drug crimes cases, the drugs are usually the evidence. If we can successfully challenge the way evidence was obtained by police officers, then the case against you significantly weakens.
Criminal asset forfeiture is common in drug crime cases in California. We see just how the powerful the government is - they often seize cars, houses, boats, money, and other assets/properties they believed were used in committing a crime or bought with proceeds of criminal activities. California's forfeiture laws allow prosecutors and police officers to permanently seize such properties, making it difficult or nearly impossible to recover.
Important Tip: NEVER give police consent to search you and refrain from answering questions from police without a criminal defense attorney.
What Do Prosecutors Need to Prove in Drug Crime Cases?
In drug crimes cases, the burden is on the prosecutor to link you to the alleged drug offense. The prosecutor must establish that you knew, beyond a reasonable doubt, that the drugs were in your presence or that you intended to distribute or sell the drugs.
Prosecutors will typically gather witnesses to testify against you, use forensic evidence, and circumstantial evidence to connect the drugs to you. Circumstantial evidence can include:
- The presence of scales
- Large amounts of cash
- Ledger book
Anything can be evidence if it points to your intent to distribute or manufacture drugs. However, even with seemingly solid evidence, there are ways to effectively challenge a prosecutor's claim. We may be able to show the unreliability of witness testimony and weak circumstantial evidence. Our Oakland law firm is known for our creative applications of the law and sophisticated defenses.
Trusted Advocates on Your Side in the Bay Area
In the past, our criminal defense attorneys have been effective at securing positive outcomes for our clients, even in drug crime cases related to DUI. If this is your first offense you may qualify for drug diversion programs that allow for alternative sentencing that does not include incarceration. Upon completion of the diversion program, these charges can be dismissed.
We handle a wide range of misdemeanor and felony drug charges involving all types of drugs, including:
- Any other type of drug
We have 20+ years' combined experience in representing clients facing all types of drug crimes, drawing from years of experience in prosecution. Our drug crime defense lawyers in Oakland are well-versed in the criminal code and are dedicated to protecting the rights of our clients.
The Law Offices of Torres & Caraves can handle all types of drug crime cases, including:
- Possession of a controlled substance
- Sale of transport of a controlled substance
- Possession for sale of narcotics
- Manufacture of drugs and narcotics
- Possession of drug paraphernalia
Give us a call at (510) 953-5551 to schedule a FREE initial consultation with our drug crime attorneys
Dismissed Assault with a Deadly Weapon
Successfully Recovered Client’s Funds Asset Forfeiture Recovery
Charges Dismissed Child Abuse
Charges Dismissed Child Abuse
Charges Reduced Child Molestation
Our caring yet aggressive approach has built up a proven track record of defense victories.
Our law firm is known for serving clients with integrity and responsiveness.
Our team includes a former public defender who has served indigent clients and is dedicated to the community.
With our more than 25 years of combined experience, we have the insight and talent to handle any type of criminal trial.
Our Spanish-speaking attorneys and staff serve people from all walks of life.