The Law Offices of Donald R. Nobles represents individuals throughout the East Bay who have been arrested and charged with marijuana possession or other drug offenses. Drug crimes are pursued and prosecuted vigorously in the courts, and harsh sentences are often imposed upon conviction. Many drug offenses are classified as felonies based on the type or amount of drug involved. A felony charge not only exposes the defendant to harsher punishment, but if the defendant has two prior strike convictions, a felony drug conviction can automatically send the person to prison for life.
We represent individuals charged with misdemeanor and felony offenses including possession, distribution, cultivation, manufacture and sale of narcotics under the California Uniform Controlled Substances Act and other state drug laws. Under California criminal law and procedure, there may be several defenses available to a possession charge or other offense.
Drug Crime Defenses
Unless the police actually witness a drug transaction or recover drugs from your person or property, the evidence supporting their case against you is probably largely circumstantial. It may rest on the testimony of unreliable or impeachable witnesses, or questionable identifications by witnesses who observed something at nighttime or in dark or secluded areas.
If evidence was obtained in a search, every aspect of that search must be carefully examined to make sure it complied with the constitutional protections of the Fourth Amendment. Was the search justified at the start with a warrant, probable cause, or at least reasonable suspicion in some cases? Did the search stay within those lawful bounds? Was the evidence properly identified and preserved? Were you arrested for possession of marijuana even though you have a medical marijuana identification card (MMIC) identifying you as being able to legally possess marijuana in accordance with Prop 215, the Compassionate Use Act, and the Medical Marijuana Program? There are many variables that must be looked at closely by an experienced criminal law attorney, because you may have many defenses available that can lead to suppression of the evidence or even dismissal of the charges.
California Drug Courts
The first adult drug court in the state of California was created in Alameda County in 1991. The goal of the drug court is to help the drug user find access to treatment and rehabilitation rather than imprisonment and punishment. Today, there are many drug courts under many different models, including pre-plea, post-plea and post-adjudication. Depending upon the program available in your jurisdiction, a drug court may allow you to enter into treatment without serving a sentence, without being convicted, or even without being prosecuted at all. If your substance abuse has brought you into trouble with the law, you may want to discuss the drug court treatment options available in your particular situation with your California criminal defense attorney.
East Bay Drug Crimes Lawyer
As a former prosecutor, Donald Nobles worked for 18 months on the Felony Preliminary Hearing Drug Team in Oakland. Our office possesses the knowledge, skills and experience to provide strong, effective representation regarding drug charges. If you have been arrested on drug charges in the East Bay, contact the Law Offices of Donald R. Nobles for a free consultation.