When you’re pulled over for a routine traffic violation, few expect that the stop might spiral into multiple felony drug charges and the loss of property. That’s what happened in Alameda County—but thanks to the skilled work of Oakland criminal charges lawyers at The Nieves Law Firm, the entire case was dismissed and the property was returned to the client.
This story isn’t just about avoiding punishment—it’s about protecting rights, demonstrating the weaknesses in the State’s case, and ensuring that constitutional protections matter every step of the way.
The Charges: Possession for Sale & More
The client faced a serious stack of charges after a traffic stop:
- Health & Safety Code § 11359(B) – Possession of Marijuana for Sale
- Health & Safety Code § 11360(A)(2) – Selling Marijuana without a proper license
- Vehicle Code § 23103(A) – Reckless Driving
Under HS § 11359, the State must prove not only that the defendant had control over marijuana, but that there was intent to sell it. Many people don’t realize how strong or weak that intent element can be—and how challenging it is for prosecutors to establish beyond a reasonable doubt.
What’s at Stake with HS § 11359
For context, here’s how California law treats a charge under HS § 11359:
- It is illegal to possess marijuana with intent to sell without a valid license.
- In many cases, HS 11359 offenses are misdemeanors, but certain aggravating factors (prior convictions, selling to minors, etc.) can bump them to felony status.
- Possible penalties include up to six months in county jail, fines, probation, and additional collateral consequences.
How The Nieves Law Firm Secured a Full Dismissal & Return of Property
Here’s how the defense team turned the tide:
Thorough Case Review
From the moment they took the case, The Nieves team looked closely at how law enforcement conducted the stop, how evidence was obtained, what kind of search or seizure occurred, and whether the charging documents had the needed elements.
Challenging the Intent to Sell Allegations
One common defense in HS 11359 cases is to dispute whether there was actually intent to sell. The Nieves firm likely challenged things like packaging, presence (or absence) of scales or other tools, cash or transaction receipts, or statements that might suggest distribution. If those things were missing or weak, it undermined the State’s case.
Addressing the License‑Requirement Counts
For the charge of selling without a license, that offense depends on whether the defendant had the required marijuana sales license. The defense may have shown that the State could not prove that requirement beyond a reasonable doubt.
Negotiation & Pretrial Motion Strategy
The Nieves Law Firm likely leveraged weaknesses uncovered during discovery or evidentiary review to push for a pretrial dismissal or convincing the District Attorney’s office that pursuing the case was risky.
Return of Property
Because evidence and property (including thousands of dollars’ worth) was seized, it was critical that those property rights were defended. Once charges were dismissed, the motion or request for return of property succeeded, giving the client back what had been lost.
The Legal Elements & Defenses in HS § 11359 Cases
Understanding how charges like HS § 11359 work helps explain why the dismissal was possible:
- Possession + Knowledge: The State must prove the defendant had possession and knew of the nature of the substance. If the defense can show lack of knowledge, or that the item was not under their control, that’s a strong argument.
- Intent to Sell: Seldom proven by direct evidence. Typically, prosecutors rely on circumstantial evidence—things like packaging, distribution tools, or large quantities. Defense can counter by showing personal use, contaminated or faulty measurements, or inconsistencies.
- Procedural Protections: Illegal searches, lack of probable cause, or failure to provide proper warnings can all lead to suppression of evidence. If critical evidence is suppressed, the State’s case may collapse.
- Misdemeanor vs. Felony: The level of the charge depends on prior records, aggravating circumstances, and how the State frames the case. If the defense can keep it at a misdemeanor—or get it dismissed—that makes a big difference.
What Defendants Should Know
If you ever find yourself in a similar situation (traffic stop, multiple charges, evidence seized), here are things to watch for:
- Ask whether you were read your rights, or whether law enforcement had probable cause for the search.
- Find out whether any evidence was seized without a warrant or consent.
- See if you have a strong defense to intent—without clear indicators of sale, prosecutors often have weaker cases.
- Ensure you have a lawyer who demands discovery and fights for the return of property when charges are dismissed.
Why This Victory Matters
This case is important not just for the client, but for people across Alameda County and beyond:
- It shows that traffic stops with multiple charges don’t always lead to convictions—even when they appear to.
- It affirms that constitutional protections (search, seizure, property rights) are meaningful, not just theoretical.
- It underscores how experienced defense attorneys can protect clients’ finances, reputations, and future by challenging weak or overreaching allegations.
About The Nieves Law Firm
The Nieves Law Firm has built a reputation in Oakland and the Bay Area for:
- Handling complex criminal defense cases, including drug offenses, domestic violence, immigration‑sensitive matters, and more.
- A defense philosophy that emphasizes early investigation, strong motion practice, and client‑focused strategy.
- A track record of winning dismissals, protecting clients’ rights, and advocating for return of seized property where due.
When you’re facing serious marijuana charges in California—including HS § 11359 or related statutes—it pays to work with attorneys who understand the law, the local courts, and how to challenge every piece of the prosecution’s case.
If you want skilled representation and a defense that actually fights for you, contact the Oakland criminal charges lawyers at The Nieves Law Firm today to schedule a consultation.
This kind of legal help can mean the difference between losing your property and reputation—or getting your life back.