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
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
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.
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