Oakland Drug Crimes Lawyer

Search & Seizure Laws in California

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
• Paraphernalia
• 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.

Bay Area Drug Crime Legal Support

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:

• Cocaine
• Heroin
• Ecstasy
• Methamphetamine
• Marijuana
• 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.