What Happens If I’m Arrested for Drugs That Don’t Belong to Me in Los Angeles?
Can I Be Arrested for Drugs That Aren’t Mine?
In California, being arrested for drug possession doesn’t automatically mean the drugs belong to you. Law enforcement officers may arrest anyone in close proximity to illegal substances, even if you had no knowledge of their presence or didn’t have any control over them. These situations often arise when drugs are discovered in shared spaces, vehicles, or among groups of people.
Finding yourself in this situation can feel overwhelming. An arrest for drug possession doesn’t mean you’re guilty, and it’s important to know that you have rights under the law. The prosecution must prove specific elements to convict someone of drug possession. Understanding these legal standards and working with an experienced drug defense attorney can make all the difference in challenging the charges against you. It’s not unusual to feel uncertain about your next steps, especially when facing accusations for something that isn’t yours. That’s why it’s crucial to have guidance.
When it comes to defending drug possession charges in Los Angeles, having the right legal representation can significantly impact your case. We thoroughly review every detail, challenge weak or unsupported evidence, and build a defense strategy designed to get you the best possible outcome. Call our office today at (310)-448-1529 to speak with an attorney and take the first step in your defense.
Can You Be Arrested for Drugs That Aren’t Yours in California?
California’s drug laws, outlined in the Health and Safety Code, allow law enforcement to arrest individuals for possession if they believe the following conditions are met:
- You knowingly possessed the drugs.
- You had control or access to the drugs.
- The drugs were intended for personal use or distribution.
Importantly, possession doesn’t necessarily mean the drugs were physically on you. “Constructive possession” can apply if the drugs were in a space you had control over, such as a car, apartment, or locker.
However, an arrest does not automatically lead to a conviction. For a successful prosecution, the state must prove beyond a reasonable doubt that:
- You were aware of the drugs’ presence.
- You knew the drugs were illegal.
- You had control over the drugs or the area where they were found.
If any of these elements are missing, the charges may not hold up in court. Understanding these distinctions is critical when defending yourself against drug possession allegations
Common Situations That Lead to Wrongful Drug Possession Arrests
Drugs Found in a Shared Space
If drugs are discovered in a shared space, such as a car, apartment, or dorm room, law enforcement may arrest everyone who has access to the area. This can occur even if you did not know about the drugs or if they didn’t belong to you. The key issue here is proximity—police may consider you responsible for the drugs simply because you were present in the space where they were found.
Example: A police officer searches a car with multiple passengers and finds drugs in the glove compartment. All individuals in the car may be arrested, even if only one person owns the drugs.
False Allegations
It’s not uncommon for someone to falsely accuse you of possessing drugs in an effort to deflect blame or settle a personal dispute. In these cases, a person might accuse you of possessing drugs simply to avoid facing legal consequences themselves. False accusations can significantly impact your life, especially when they result in an arrest.
Example: A roommate might claim that drugs found in your shared apartment belong to you to avoid legal consequences or to protect themselves from arrest.
Planted Drugs
Though rare, there are instances where drugs are intentionally planted by someone else—either by another individual or, in some cases, by law enforcement. In these cases, the drugs may not have been in your possession at all, but rather planted to implicate you. Investigating how the drugs ended up in your possession or surroundings is key to challenging such charges.
Example: A person may intentionally leave drugs in your bag or vehicle without your knowledge, intending to get you arrested or cause trouble for you.
Lack of Knowledge
Sometimes, drugs may be placed in your belongings or vehicle without your knowledge. You may not be aware that drugs are in your possession or near you, especially if someone else leaves them there without your consent. This scenario often plays a significant role in your defense, as you may argue you had no idea the drugs were there.
Example: A friend leaves their bag in your car, and later, drugs are discovered in that bag. You were unaware the drugs were in your vehicle, and they weren’t yours.
How to Defend Yourself Against Drug Possession Charges in Los Angeles
Lack of Knowledge
One of the strongest defenses against a drug possession charge is proving that you were unaware of the drugs’ presence. Under California law, knowledge of the drugs’ existence is a critical element of possession. If you had no reason to know the drugs were there, you cannot be held criminally responsible.
For example:
- The drugs were hidden in a location where you wouldn’t reasonably have seen or known about them (e.g., concealed in a bag or compartment you didn’t use).
- Another individual placed the drugs in your belongings, vehicle, or shared space without informing you.
A drug defense attorney may use evidence like witness testimony, surveillance footage, or the lack of any direct connection to the drugs to argue this defense effectively.
No Possession or Control
Simply being near drugs is not enough for a conviction. The prosecution must prove you had possession or control over the substances, meaning that you exercised authority over the drugs or had the ability to use or distribute them.
For example, if drugs are discovered in a shared space—such as a living room, dorm room, or car—you cannot be convicted unless the prosecution can tie the drugs directly to you. Proximity alone does not establish control.
Your defense attorney may challenge the prosecution’s evidence by highlighting:
- The lack of fingerprints or DNA linking you to the drugs.
- Testimony or evidence showing the drugs belonged to someone else in the shared space.
Both defenses rely on casting doubt on the prosecution’s claims and ensuring the burden of proof is not met.
Unlawful Search and Seizure
Your Fourth Amendment rights protect you from unreasonable searches and seizures by law enforcement. If the police violated these rights during the investigation, your attorney can file a motion to suppress evidence obtained through the illegal search. Suppressed evidence cannot be used in court, which could result in the dismissal of your case.
Common violations include:
- Searching your home without a warrant or probable cause: Police generally need a warrant issued by a judge to search your home. If they conducted a search without one—and without a valid exception, such as exigent circumstances—the evidence may be inadmissible.
- Conducting an illegal traffic stop: Police must have reasonable suspicion to pull you over. If the stop itself was unlawful, any evidence found as a result, such as drugs discovered during a vehicle search, can be challenged in court.
By reviewing the circumstances of the search, an experienced criminal drug lawyer can identify procedural missteps and argue for the exclusion of improperly obtained evidence, which often undermines the prosecution’s case.
Lack of Evidence
In a criminal case, the prosecution carries the burden of proving your guilt beyond a reasonable doubt. This is especially challenging in drug possession cases, where evidence must directly link you to the drugs. If the evidence is weak, contradictory, or circumstantial, your attorney can highlight these flaws to challenge the validity of the charges.
For instance:
- No physical evidence ties you to the drugs: If fingerprints, DNA, or other forensic evidence connecting you to the drugs is absent, the prosecution’s case weakens.
- Contradictory or unreliable testimony: Witness statements implicating you may be inconsistent, biased, or unreliable.
- Circumstantial evidence: The prosecution may rely solely on your presence in a shared space with drugs, which is insufficient to prove possession or control.
By carefully scrutinizing the evidence—or lack thereof—your attorney can argue that the state has failed to meet its burden of proof, potentially leading to dropped charges or an acquittal.
Ownership by Another Party
Proving that the drugs belonged to someone else can be a compelling defense in a drug possession case. Your attorney can present evidence showing that another individual was the true owner of the substances. This defense often relies on factual evidence or testimony that directly implicates another party and clears you of responsibility.
Examples include:
- Witness testimony: A statement from the person who admits to owning the drugs can demonstrate that you had no connection to them.
- Text messages or other communications: Messages, emails, or other forms of communication where another party admits to owning the drugs or makes statements implicating themselves can be used to establish your innocence.
The goal with this defense is to show that someone else’s actions—not yours—led to the discovery of the drugs, and therefore, the charges against you are unfounded.
Chain of Custody Issues
For the prosecution to successfully use drug evidence against you, they must prove that the substances were properly handled from the moment they were seized to their presentation in court. This is known as the “chain of custody.” If there are any breaks or errors in the documentation, handling, or storage of the evidence, its reliability and admissibility can be challenged.
Key issues might include:
- Improper documentation: If law enforcement failed to properly log when and where the drugs were seized or who handled them, it raises questions about the integrity of the evidence.
- Evidence tampering or contamination: If the drugs were mishandled, switched, or otherwise compromised during storage or transportation, your attorney can argue that the evidence is unreliable.
By exposing flaws in the chain of custody, we can weaken the prosecution’s case and potentially get the evidence thrown out. Without the drugs as evidence, the charges may be significantly reduced or dismissed.
Penalties for Drug Possession in California
Simple Possession
For personal use, drug possession is generally charged as a misdemeanor under Health and Safety Code § 11350. This applies to substances like cocaine, heroin, and certain prescription drugs without a valid prescription. Penalties include:
- Up to 1 year in county jail
- Fines up to $1,000
In some cases, individuals may qualify for diversion programs or alternative sentencing options, such as drug treatment programs, instead of jail time. This is often available for first-time offenders or those charged with low-level drug offenses.
Possession with Intent to Sell
If law enforcement or the prosecution believes you intended to sell or distribute the drugs, the charges escalate significantly. Under Health and Safety Code § 11351, possession with intent to sell is a felony. Penalties include:
- 2 to 4 years in state prison
- Substantial fines
The intent to sell is often inferred based on evidence such as large quantities of drugs, packaging materials, or scales. A strong defense is critical in these cases, as the consequences are far more severe than for simple possession.
Steps to Take If You’re Arrested for Drug Possession in Los Angeles
Remain Silent
It’s vital that you do not admit to ownership of the drugs or discuss the details of the case with law enforcement. Anything you say can and will be used against you in court. Politely invoke your right to remain silent and request to speak with your attorney before answering any questions.
Contact Your Attorney
Our team understands how stressful and confusing this situation can be. We will carefully evaluate the circumstances of your arrest, challenge any weaknesses in the prosecution’s evidence, and craft a defense tailored to your case. The earlier you involve us, the more we can do to protect your rights.
Preserve Evidence
Gather any evidence that supports your claim of innocence. This may include text messages, emails, receipts, or any other documentation showing that the drugs are not yours. Additionally, witnesses who can verify your account or testify that the drugs belonged to someone else can play a significant role in your defense.
Avoid Public Discussions
Refrain from discussing your case with others or posting about it on social media. These statements can be taken out of context and used against you. Keep all conversations about your case private, limited to discussions with your attorney.
Stay Mindful of Your Surroundings
Be cautious about your environment and the people you associate with, particularly in situations where drugs might be present. Avoid leaving your belongings unattended in public spaces or vehicles, as this can lead to situations where drugs are concealed without your knowledge.
How Our Attorney Can Help with Your Drug Possession Charges
We understand how stressful and overwhelming it is to face drug charges for substances that aren’t yours. A drug arrest doesn’t mean you’re guilty, and our experienced attorney is here to protect your rights and guide you through every step of the legal process.
Our team will:
- Investigate the circumstances of your arrest to uncover any weaknesses in the prosecution’s case, such as unlawful searches or lack of evidence.
- Challenge the evidence against you, ensuring it was obtained legally and meets the strict requirements for admissibility.
- Build a strong, tailored defense to fight for your rights, your freedom, and your future.
With a proven track record of securing dismissals, reduced charges, and alternative sentencing, we’ve helped countless clients achieve the best possible outcomes in their cases. At The Law Offices of Arash Hashemi, you’re not just a case number—you’re a priority.
Let us put our knowledge, experience, and dedication to work for you.
Contact a Los Angeles Drug Crime Lawyer Today
Every detail of your case matters, from the circumstances of your arrest to the evidence presented by the prosecution. At The Law Offices of Arash Hashemi, we provide experienced legal guidance and personalized defense strategies to protect your rights and secure your future.
With over 20 years of experience as a trusted Los Angeles drug crime lawyer, Attorney Hashemi is dedicated to aggressively defending clients against drug possession charges. Whether it’s challenging evidence, exposing errors in the prosecution’s case, or negotiating reduced charges, we will fight relentlessly to achieve the best possible outcome for you.
Schedule Your Consultation Today
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