Drug Lawyer, Oakland, CA
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Drug Lawyer in Oakland, CA at Your Service
Have you been accused of drug possession or another drug offense in Oakland, CA? A drug charge can leave you worried about possible penalties, whether you could face jail time, and how a conviction may affect your criminal record and future.
California law imposes serious consequences for drug offenses. Depending on the type and quantity of the controlled substance and the circumstances of the alleged offense, charges may involve drug possession, possession for sale, transportation, or drug trafficking.
You do not have to face these charges alone. Law Office of Rebecca Feigelson provides experienced criminal defense representation for people facing drug charges in Oakland and throughout the Bay Area.
As an experienced drug lawyer in Oakland, CA, Attorney Rebecca Feigelson can review the allegations and evidence against you, explain your legal options, and develop a defense based on the circumstances of your case. Whether you are accused of drug possession, selling or transporting drugs, or another drug-related offense, she will advocate for your rights throughout the criminal process.
Drug Laws in California
The charges and penalties associated with a drug offense in California depend on several factors, including the type and amount of the controlled substance, the alleged conduct, and the defendant’s criminal history. California classifies controlled substances into five schedules under the Health and Safety Code.
The schedule of a substance may affect how it is regulated, but the criminal charge also depends on the conduct involved. For example, California law distinguishes between simple possession, possession for sale, and the sale or transportation of certain controlled substances.
Drug Schedules in California
California divides controlled substances into five schedules:
- Schedule I: Includes substances such as heroin and peyote, as well as other controlled substances identified under California Health and Safety Code § 11054.
- Schedule II: Includes substances such as cocaine, hydrocodone, fentanyl, morphine, and oxycodone. Many Schedule II substances have recognized medical uses but remain subject to strict controls.
- Schedule III: Includes certain narcotic preparations and anabolic steroids, among other controlled substances.
- Schedule IV: Includes medications and other substances such as alprazolam (Xanax), lorazepam (Ativan), and zolpidem (Ambien).
- Schedule V: Includes certain preparations containing limited quantities of narcotic substances, such as qualifying codeine or difenoxin preparations.
The classification of a substance is only one factor in a criminal drug case. The particular statute involved, the amount of the substance, and whether prosecutors allege possession for personal use, sale, or transportation can significantly affect the potential consequences.
Practice Areas
Potential Penalties for Drug Possession in California
The penalties for a drug offense in California depend on factors such as the controlled substance involved, the alleged conduct, the amount of the drug, and a person’s prior criminal history. Depending on the offense and circumstances, a drug charge may be prosecuted as a misdemeanor or felony.
Potential penalties and consequences may include:
- County jail or state prison: Possession of certain controlled substances under California Health and Safety Code § 11350 is generally punishable by up to one year in county jail. More serious felony drug offenses can carry longer terms of incarceration.
- Possession for sale: Under Health and Safety Code § 11351, possession for sale of certain controlled substances can carry a term of two, three, or four years.
- Sale or transportation: Under Health and Safety Code § 11352, qualifying offenses can carry a term of three, four, or five years. Transportation from one California county to a noncontiguous county can carry a term of three, six, or nine years.
- Collateral consequences: A drug conviction may also affect immigration status, employment opportunities, professional licensing, and firearm rights.
When prosecutors allege possession for sale rather than possession for personal use, they may rely on evidence such as the quantity of drugs, packaging materials, scales, cash, communications, or other circumstances. However, the presence of these items does not automatically establish an intent to sell, and the prosecution must prove the elements of the charged offense.
How Can We Help With a Drug Crime Case?
At the Law Office of Rebecca Feigelson, we understand how stressful it can be to face a drug charge without knowing what comes next. We can review the circumstances of your arrest, explain the charges against you, and help you understand the potential consequences and options available in your case.
Drug offenses may be prosecuted under California or federal law, depending on the allegations. While many possession cases are handled in state court, federal authorities may become involved in cases involving allegations such as large-scale trafficking or distribution. If your case involves potential federal charges, we can help you understand how the federal criminal process differs from proceedings in California state court.
Our approach begins with a careful review of the evidence. Depending on your case, we may examine:
- Whether police had a lawful reason to stop, search, or arrest you
- Whether evidence was obtained through an unlawful search or seizure
- Whether prosecutors can prove that you knowingly possessed the controlled substance
- Whether the evidence supports an allegation that you intended to sell or distribute drugs
- Whether laboratory testing or other evidence can be challenged
- Whether diversion, reduced charges, dismissal, or another resolution may be available
We will explain what we find, discuss your options with you, and develop a defense strategy based on the specific facts of your case. Whether that means challenging evidence, negotiating with prosecutors, or defending you at trial, our goal is to protect your rights at every stage of the criminal process.
Why Choose the Law Office of Rebecca Feigelson?
When you are facing a drug charge, you need more than a general explanation of California criminal law. You need an attorney who will take the time to understand what happened, examine the evidence against you, and help you make informed decisions about your case.
At the Law Office of Rebecca Feigelson, clients in Oakland and throughout the Bay Area receive personalized criminal defense representation. When you choose our firm, you can expect:
- A careful review of your case: Rebecca Feigelson examines the allegations, police reports, searches, statements, and other evidence to identify issues that may affect your defense.
- Clear guidance about your options: You will receive straightforward explanations of the charges, potential consequences, and defense strategies available based on your circumstances.
- A defense tailored to your case: No two drug cases are exactly alike. Our approach considers the evidence against you, the specific charges, and the circumstances surrounding your arrest.
- Protection throughout the criminal process: We advocate for your rights during negotiations, hearings, trial, and other stages of your case, challenging the prosecution’s evidence where appropriate.
- Representation in serious drug cases: Our firm handles a range of drug-related allegations and can address the different legal and procedural issues involved in state and federal cases.
If you have been arrested, charged, or are under investigation for a drug offense, contact the Law Office of Rebecca Feigelson to discuss your case and learn how our firm can help.
Contact an Oakland Drug Lawyer for Help
If you are facing a drug charge in Oakland, you do not have to navigate the criminal justice system on your own. At the Law Office of Rebecca Feigelson, we can review the allegations against you, examine the evidence, and help you understand your legal options.
We know that every drug case is different. Our approach is tailored to the specific charges, evidence, and circumstances of your case. Where appropriate, we may challenge evidence, negotiate with prosecutors, seek reduced or dismissed charges, or defend you at trial.
Our firm is committed to protecting your rights and guiding you through each stage of the criminal process. Contact the Law Office of Rebecca Feigelson today to schedule a free consultation and discuss how we can help with your drug case.
Frequently Asked Questions
What Should I Do If I Am Arrested for Drug Possession in Oakland?
If you are arrested for a drug offense, avoid discussing the facts of the case with law enforcement before speaking with an attorney. You have the right to remain silent and to request legal counsel. A drug defense lawyer can review the circumstances of the arrest, including any search or seizure, and help you understand what to expect as your case moves forward.
Can Police Search My Car for Drugs During a Traffic Stop?
Not automatically. A traffic stop by itself does not necessarily give police the right to search your vehicle. Whether a search is lawful depends on the circumstances, such as whether you consented, officers had probable cause, or another recognized exception to the warrant requirement applied. If drugs were discovered during a vehicle search, your attorney can examine whether the evidence was obtained lawfully.
What Is the Difference Between Drug Possession and Possession for Sale in California?
Simple possession generally involves possessing a controlled substance for personal use, while possession for sale requires evidence that the substance was intended for sale. Prosecutors may consider factors such as the quantity of drugs, packaging, scales, communications, cash, and other circumstances. The prosecution must still prove the elements of the specific offense beyond a reasonable doubt.
Can I Face Drug Charges If the Drugs Did Not Belong to Me?
Potentially, but simply being near drugs does not necessarily establish criminal possession. California drug cases may involve actual or constructive possession, and prosecutors generally must establish that you knowingly possessed or exercised control over the controlled substance. This can become an important defense issue when drugs are discovered in a shared vehicle, home, or other space used by multiple people.
Can Drug Charges Be Dismissed in California?
Drug charges may be dismissed in some circumstances, but dismissal is never guaranteed. Possible issues may include insufficient evidence, an unlawful search or seizure, problems establishing possession or knowledge, or other weaknesses in the prosecution’s case. Some eligible defendants may also have diversion options that can ultimately result in dismissal after successful completion of the required program.
