What Should I Do If I’m Arrested for Drug Possession in LA?
Every year, thousands of people in Los Angeles find themselves in handcuffs, accused of drug possession. What might seem like a minor infraction can quickly spiral into a life-altering event, especially with the severe penalties California law imposes.
If police arrest you for drug possession, the decisions you make in those first critical moments can make all the difference in the outcome of your case.
In this guide, we’ll walk you through the essential steps to take after a drug possession arrest in LA—from protecting your rights to navigating the complexities of the legal system. Whether you’re facing misdemeanor or felony charges, thoroughly understanding your options could make or break your future.
Don’t face these challenges alone—contact our Los Angeles drug crimes attorney at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys today at (213) 995-6767 for legal representation that could be the key to turning your case around.
Understanding Drug Possession Charges in Los Angeles
California’s drug laws are among the strictest in the nation, and understanding the charges you face is the first step toward building a robust defense.
Types of Drug Possession
In California, drug possession charges generally fall into two categories: simple possession and possession with intent to sell.
Each carries different legal implications and penalties under California law.
- Simple Possession: This offense, governed by California Health and Safety Code §11350, involves possessing a controlled substance for personal use. Typically classified as a misdemeanor, simple possession can result in penalties like fines, probation, or up to one year in county jail. However, the exact punishment depends on the type and quantity of the drug involved and your criminal history.
- Possession with Intent to Sell: This more serious charge, under California Health and Safety Code §11351, involves having drugs that prosecutors believe you intended to distribute. The distinction between simple possession and intent to sell often hinges on circumstantial evidence—such as the quantity of drugs, packaging materials, or large amounts of cash found at the time of arrest. Unlike simple possession, this charge is typically a felony and can lead to harsher penalties, including longer prison sentences.
Common Substances Involved
If police find these drugs in your possession the severity of the charges significantly increases.
California law categorizes controlled substances into schedules, with Schedule I substances like heroin, LSD, and ecstasy considered the most dangerous and carrying the most severe penalties.
- Marijuana: Despite the legalization of recreational marijuana for adults over 21, possessing more than 28.5 grams can still lead to misdemeanor charges. Moreover, possession with intent to sell without proper licensing remains a serious offense under California law.
- Cocaine and Methamphetamine: California classifies these substances as Schedule II, indicating a high potential for abuse. Possession of these drugs, even in small amounts, can result in felony charges, especially if there’s evidence suggesting intent to distribute.
- Prescription Drugs: California makes possession of prescription medications like oxycodone or Xanax without a valid prescription a serious offense. Even if the police catch you with a small quantity, you could face the same penalties as those charged with possessing illegal street drugs.
Immediate Steps to Take After Being Arrested
How you respond after these first moments after an arrest for drug possession will significantly influence the trajectory of your case.
Here’s what you should do immediately after your arrest to protect your rights:
Exercise Your Right to Remain Silent
One of the most important rights you have under the U.S. Constitution is the right to remain silent. Upon arrest, law enforcement officers must read you your Miranda rights, which include this right.
We cannot overstate the importance of staying silent—anything you say can and will be used against you in court.
Instead of attempting to explain or justify your situation to the police, politely but firmly state that you wish to exercise your right to remain silent and that you want to speak with an attorney.
This is not the time to try to clear your name or talk your way out of the situation. While you should always respect the police and behave courteously, they are not your friends. They will use any statements you make to build a case against you.
Requesting an Attorney
Once you assert your right to remain silent, the next step is to request an attorney. In California, you are entitled to legal representation during questioning. An attorney protects your rights throughout the legal process.
The police may continue to ask you questions even after you request an attorney. However, you are not obligated to answer these questions without your lawyer present. Be firm and persist—they are not above the law and must respect your rights.
Your attorney will help you navigate these interactions, ensuring you don’t inadvertently say something that could harm your defense.
Understanding the Bail Process
After your arrest, the police may detain you before you can appear before a judge. In many drug possession cases, the court may set bail—a financial guarantee that you will return for future court dates.
Bail amounts for drug-related offenses can vary widely depending on the specifics of your case, including the type and quantity of drugs involved, your criminal history, and the judge’s discretion.
In California, the bail schedule lists standard bail amounts for various offenses. For instance, the bail for simple possession of a controlled substance might be lower than for possession with intent to sell. If you cannot afford bail, your attorney may argue for a reduction or explore alternative options such as bail bonds.
Legal Defenses Against Drug Possession Charges
A solid legal defense for drug possession charges in Los Angeles can change the result from a conviction to a dismissal.
Your lawyer may utilize several defense strategies depending on the specifics of your case, the circumstances surrounding your arrest, and the evidence presented by the prosecution. Here are some of the most common and effective defenses your attorney might use to challenge the charges against you.
Lack of Knowledge or Control
One of the most straightforward defenses against drug possession charges is to argue that you knew nothing about the drugs or that you had no control over them.
This defense is based on the principle of mens rea, which means that for a conviction to occur, the prosecution must prove that you knowingly possessed the illegal substance.
For example, if the authorities found drugs in a car you were riding in but you didn’t know they were there, or if you were staying at a friend’s place where they discovered the drugs, your attorney could argue that you had no knowledge of or control over the drugs.
California courts have recognized this defense under cases like People v. Mijares, where the courts ruled that mere proximity to drugs does not establish possession.
Invalid Search and Seizure
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. If law enforcement searches without a valid warrant or probable cause, any evidence obtained during that search might be inadmissible in court. This could lead to the dismissal of your charges.
For instance, if the police stopped your vehicle without a legitimate reason and found drugs during an unlawful search, your attorney could file a motion to suppress the evidence.
California Penal Code §1538.5 allows for such motions, arguing that how the authorities obtained the evidence violated your constitutional rights. If the judge agrees, they may throw the evidence out, significantly weakening the prosecution’s case.
Drug Diversion Programs
In California, non-violent drug offenders may be eligible for a drug diversion program instead of serving time in jail. Under Proposition 36, codified in Penal Code §1210.1, first-time offenders charged with simple possession may be allowed to enter a treatment program. Completing this program can lead to the court dismissing the charges.
This defense is particularly relevant for those with little to no prior criminal history. Your attorney can petition the court to allow you to enter a drug diversion program, which not only avoids incarceration but also addresses any underlying substance abuse issues, helping to prevent future legal problems.
Potential Penalties and Consequences
Facing a drug possession charge in Los Angeles will have profound and lasting effects on your life if you get an undesirable outcome, even if it’s a first-time offense. The penalties vary depending on the substance involved, the quantity, and whether you have any prior convictions.
Penalties for First-Time Offenders
Simple possession is usually a misdemeanor. If you are charged with it, you could face up to one year in county jail and fines of up to $1,000.
However, the penalties can increase for a Schedule I drug like heroin or cocaine. Sometimes, first-time offenders might qualify for probation or diversion programs instead of jail time, especially if the court believes the defendant would benefit more from treatment than incarceration.
Even if you avoid jail, a conviction can lead to probation, mandatory drug counseling, community service, and other conditions set by the court. Probation violations can result in harsher penalties, including possible jail time.
Impact of Prior Convictions
If you have previous drug-related convictions, the consequences can escalate significantly. Under California’s Three Strikes law, a third felony conviction can result in a mandatory 25-years-to-life prison sentence.
Even a second offense can increase penalties, including longer jail time and higher fines.
The court will also consider the type of substance, the amount in possession, and the circumstances of the arrest. For example, possession with intent to sell is a felony that can result in two to four years in state prison.
In addition to legal penalties, a drug possession conviction can have collateral consequences, such as losing your job, facing difficulties in finding future employment, losing professional licenses, or even being denied housing. If you’re a non-citizen, a drug conviction can result in deportation or denial of reentry into the United States.
Long-Term Consequences on Your Record
A conviction for drug possession will appear on your criminal record, which is accessible to potential employers, landlords, and licensing boards. Even if you’re acquitted, the arrest itself can remain on your record unless you take steps to seal or expunge it.
In California, certain offenders have the right to petition for expungement of their record after completing probation. However, this process is not easy and is yet another hurdle you must overcome before you can finally move on with your life.
Get the Legal Help You Need
A drug possession charge in Los Angeles is an ordeal that could reshape your entire future. Each step in your defense requires careful consideration, whether it’s scrutinizing the legality of the police search, identifying the best legal defenses, or navigating alternative sentencing options like drug diversion programs.
Ambrosio E. Rodriguez, Los Angeles Criminal Defense Attorneys
Your attorney is your strongest ally in this stressful situation. With their support, you have the best chance to protect your rights, reduce potential penalties, and work toward an outcome that safeguards your future.
If you’ve been arrested for drug possession, every day that goes by makes it harder to fight for your rights.
Reach out to our Los Angeles criminal defense attorney at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys today at (213) 995-6767 for a consultation, and let our team help you navigate this critical moment with the care and dedication your case deserves. Your future may very well depend on it.
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Los Angeles Office 626 Wilshire Blvd Suite 460 Los Angeles, CA 90017
