What to Do After a Drug Possession Arrest in Los Angeles
Being arrested for drug possession in Los Angeles can be overwhelming, especially with California’s strict drug laws. Depending on the type and quantity of drugs involved, you could be facing serious penalties, including fines, jail time, and a permanent criminal record. These consequences can affect your personal life, career, and future opportunities, making it critical to take immediate action.
At The Law Offices of Arash Hashemi, we understand the anxiety and uncertainty that comes with drug possession charges. With over 20 years of experience serving clients in Los Angeles, Attorney Hashemi is dedicated to defending your rights and helping you navigate the complex legal process. If you’ve been arrested for drug possession, knowing your rights and acting swiftly can make all the difference.
We’ll sit down with you, review the details of your case, and discuss the best strategies to protect your future. Contact our office at (310) 448-1529 to schedule a consultation and start building your defense today.
Step 1: Remain Silent and Request an Attorney
The first and most critical step after an arrest for drug possession is to exercise your right to remain silent. Under the Fifth Amendment, you are not required to answer any questions from law enforcement, and anything you say can be used against you in court. Politely decline to answer any questions without the presence of an attorney, and explicitly state that you are invoking your right to legal counsel.
Speaking to the police without legal representation can significantly damage your case. Even casual or seemingly harmless statements can be misinterpreted or used by the prosecution to build a stronger case against you. Requesting an attorney ensures that your rights are protected and that you receive proper guidance before engaging with law enforcement.
Step 2: Understand the Charges Against You
After your arrest, it’s essential to understand the specific drug possession charges you are facing. In California, drug possession offenses vary based on the type of drug and the quantity involved. The most common drug-related charges include:
- Possession of a Controlled Substance (Health and Safety Code 11350): This charge applies to the possession of illegal drugs like cocaine, heroin, and certain prescription medications without a valid prescription.
- Possession of Methamphetamine (Health and Safety Code 11377): This law specifically targets the possession of methamphetamine.
- Possession with Intent to Sell (Health and Safety Code 11351): This charge applies if you are found with large quantities of drugs or items associated with drug sales (e.g., scales, baggies, or large amounts of cash). Intent to sell carries far more severe penalties than simple possession.
Understanding the charges against you will help you and your attorney develop an appropriate defense strategy. The distinction between simple possession and intent to sell is critical because it significantly impacts the severity of the penalties you may face.
Step 3: Post Bail, If Possible
In many drug possession cases, you may be given the option to post bail to secure your release from jail while awaiting trial. Bail serves as a financial guarantee to the court that you will return for your scheduled hearings. If bail is set, you have two primary options: paying bail in full or using a bail bondsman. Paying the full bail amount yourself ensures you will get the money back after attending all required court dates. However, if paying the full amount isn’t feasible, a bail bondsman can post bail on your behalf for a non-refundable fee, typically around 10% of the total bail amount.
Why This Matters: Posting bail allows you to continue your daily routine and work with your attorney to build your defense while waiting for your court appearance. It gives you more time and flexibility to gather evidence, challenge the charges, and prepare your case, which can be critical to achieving a more favorable outcome.
Step 4: Hire an Experienced Criminal Defense Attorney
One of the most important steps after being arrested for drug possession is hiring an experienced criminal defense attorney. California’s drug laws are complex, and your case may involve various legal factors such as prior convictions, the type and amount of drugs involved, or whether there are aggravating circumstances like intent to sell. A skilled attorney will carefully review the specifics of your case and craft a defense strategy aimed at reducing or dismissing the charges altogether.
Why You Need an Attorney: A knowledgeable attorney understands the intricacies of California’s drug laws and how to navigate the criminal justice system, which can be overwhelming to handle alone. They will work to protect your constitutional rights, particularly when it comes to issues like illegal searches, arrests, or evidence collection. Often, drug possession cases hinge on questionable evidence, and a skilled attorney can challenge how the evidence was gathered, potentially leading to its suppression or dismissal. Additionally, experienced attorneys can negotiate with prosecutors to reduce charges or explore alternative sentencing options, such as drug diversion programs.
An attorney’s experience and insight can make a substantial difference in the outcome of your case, whether it’s avoiding jail time, reducing fines, or pursuing treatment options over punishment.
Step 5: Explore Defense Strategies for Drug Possession Charges
Once you’ve secured legal representation, your attorney will begin evaluating potential defense strategies for your case. The goal is to either reduce the severity of the charges or have them dismissed. Common defense strategies for drug possession include:
- Illegal Search and Seizure: If the police found drugs during an unlawful search of your property or vehicle—such as without a warrant or probable cause—your attorney can file a motion to suppress the evidence. This can lead to a dismissal if the drugs are excluded from the case.
- Lack of Knowledge: In some cases, individuals may not have been aware that they were in possession of drugs. For example, if drugs were found in a shared vehicle or a home that you did not control, your attorney can argue that you did not knowingly possess the drugs.
- Possession for Personal Use: If you’re charged with possession with intent to sell but the drugs were solely for personal use, your attorney can work to have the charges reduced to simple possession, which carries lighter penalties.
- Drug Diversion Programs: If you are a first-time offender or charged with simple possession, you may be eligible for a drug diversion program under Penal Code 1000. Successfully completing the program could result in the charges being dismissed and avoiding a criminal conviction.
Step 6: Attend Your Court Hearings
After your arrest, you will need to attend multiple court hearings, beginning with the arraignment. During the arraignment, the charges against you will be formally read, and you will be asked to enter a plea of guilty, not guilty, or no contest. Your attorney will guide you through this process and help you determine the best plea to enter based on your case’s specifics.
The court process can be lengthy, depending on the complexity of your case and any defense strategies employed. Your attorney may file motions, such as a motion to suppress evidence, or work to negotiate plea deals before trial. Throughout these hearings, your attorney will represent you, protect your rights, and seek the best possible outcome.
What to Expect:
- Arraignment: Formal reading of charges and entering of a plea.
- Pre-Trial Hearings: Discovery and exchange of evidence, negotiations for plea deals, and filing of legal motions.
- Trial (if necessary): If no settlement or plea deal is reached, your case may go to trial. Your attorney will present your defense and challenge the prosecution’s case.
It is essential to attend all scheduled hearings and follow your attorney’s advice to ensure the best chances of a favorable outcome.
Potential Penalties for Drug Possession in California
The penalties for drug possession in California vary depending on several factors, such as the type of drug, the quantity involved, and whether the charge is for simple possession or possession with intent to sell. For first-time offenders facing minor possession charges, penalties may include:
- Fines: Up to $1,000 in fines for misdemeanor drug possession.
- Jail Time: Up to 1 year in county jail for misdemeanor offenses, though alternatives like probation are often available.
- Probation: In many cases, judges will impose probation instead of jail time, with conditions such as attending drug counseling, community service, or staying away from drugs.
However, for more severe charges—such as possession of large quantities, drug trafficking, or intent to sell—penalties can include:
- State Prison: Felony charges may result in a state prison sentence, ranging from 16 months to several years, depending on the specifics of the case.
- Higher Fines: Felony drug charges can result in fines exceeding $10,000.
Additionally, if you have prior convictions, especially for drug-related offenses, you could face enhanced penalties under California’s repeat offender laws.
Your attorney will work to mitigate these penalties, seeking alternatives like drug diversion programs or negotiating for lesser charges to avoid the most severe consequences.
Why You Need an Experienced Attorney for Drug Possession Charges
Facing drug possession charges in California can lead to life-altering consequences, especially if you are convicted. These consequences may include jail time, hefty fines, and a permanent criminal record, which could affect your employment and housing opportunities. The complexity of California’s drug laws means that the severity of your penalties will depend on factors such as the type of drug, the amount in possession, and whether the charge includes intent to sell.
Having an experienced attorney is critical to navigating the legal system and securing the best possible outcome. A skilled defense attorney will thoroughly evaluate your case, reviewing the facts and assessing the strength of the evidence against you to develop the best defense strategy. They can also challenge any weaknesses in the prosecution’s case, such as illegal searches, lack of intent, or insufficient evidence. If your rights were violated during the arrest, your attorney may file a motion to suppress the evidence, which could lead to a dismissal of the charges.
In addition, your attorney can negotiate alternatives, especially for first-time offenders or those facing minor possession charges. This might include securing a drug diversion program, allowing you to avoid jail time by completing rehabilitation. Your lawyer can also work on negotiating plea deals to reduce charges or lessen penalties. Throughout the court proceedings, from arraignment to trial, your attorney will represent you, ensuring your rights are protected and guiding you through each step.
With an experienced attorney by your side, the outcome of your case could significantly improve, helping you avoid severe penalties and protecting your future.
Contact a Drug Possession Lawyer in Los Angeles Today
If you’ve been arrested for drug possession in Los Angeles, it’s critical to act quickly to protect your rights and minimize the potential consequences. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against drug possession charges. We know how to navigate California’s drug laws and will work aggressively to build a strong defense for your case.
To discuss your drug possession case and explore your legal options, contact our office at (310) 448-1529. You can also schedule a 15-minute consultation by using our secure online scheduling system. During the consultation, we’ll review the details of your case, explain potential defense strategies, and outline how we can help you fight the charges.
Schedule a Consultation:
- Phone: (310) 448-1529
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
We are located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to begin building your defense and protect your future from the impact of drug possession charges.
