How to Get Drug Possession Charges Dropped in California
Can You Get a Drug Possession Charge Dropped in California?
Being charged with drug possession in Los Angeles can have serious consequences, including jail time, fines, and a criminal record that could impact your future. California’s drug laws are strict, but that doesn’t mean a conviction is inevitable. With the right legal representation, you may be able to have your charges dropped, reduced, or resolved through alternatives like diversion programs.
At The Law Offices of Arash Hashemi, we understand the challenges you’re facing and are here to help. With over 20 years of experience defending clients in Los Angeles, our firm is committed to protecting your rights and building a strong defense to achieve the best possible outcome.
If you or a loved one has been charged with drug possession, don’t wait to get the help you need. Contact us today at (310) 448-1529 for a consultation and take the first step toward protecting your future.
When Can Drug Charges Be Dropped in California?
Violations of Constitutional Rights
Every individual accused of a crime is entitled to constitutional protections, including the right to due process. If law enforcement violates these rights, any evidence they gather can be deemed inadmissible, and the charges may be dismissed.
- Failure to Read Miranda Rights
Upon arrest, police are required to inform you of your rights, such as the right to remain silent and the right to an attorney. If they fail to do so, any self-incriminating statements made during the arrest could be excluded from court proceedings.
Example: Suppose a suspect admitted to possessing drugs during questioning after arrest but was never read their Miranda rights. A skilled defense lawyer can argue to suppress that confession, severely weakening the prosecution’s case. - Unlawful Interrogation Practices
Coercive or aggressive questioning tactics—such as denying access to an attorney, intimidating a suspect, or holding them for unreasonable durations—can also lead to evidence being thrown out. - Denial of Legal Representation
If the police prevent you from consulting with a lawyer after you’ve asked for one, this could be another serious constitutional violation.
Case in Point: A defendant repeatedly asked for an attorney during questioning, but officers continued interrogating without granting their request. A defense lawyer could leverage this to suppress any resulting evidence.
Lack of Probable Cause
For an arrest to be valid, law enforcement must have probable cause—a reasonable belief, based on factual evidence, that you committed a crime. Without probable cause, any resulting arrest or search may be considered unconstitutional.
- What Constitutes Probable Cause?
Probable cause is more than a hunch; it requires tangible evidence, such as a credible witness report, visible contraband, or suspicious activity that suggests illegal drug possession. - When Probable Cause is Missing
If the police acted on vague suspicions, such as stopping someone in a high-crime area without any other evidence of wrongdoing, the arrest might be deemed invalid.Illustration: Officers search a person’s car based solely on their presence in a “known drug neighborhood” and find narcotics. Without additional evidence, such as erratic behavior or the smell of drugs, a defense lawyer can argue that the search was unlawful and move to dismiss the charges.
Illegal Searches and Seizures
The Fourth Amendment protects individuals from unlawful searches and seizures. Police must either have a warrant or specific circumstances justifying a search without one, such as immediate danger or visible contraband.
- Unlawful Searches Without Warrants
A search conducted without a warrant or valid consent could render any evidence found inadmissible.
Example: If officers search your home without a warrant and without your permission, any drugs they discover might be excluded from the case. - Racial Profiling and Warrantless Stops
Sometimes, stops and searches are based on discriminatory practices like racial profiling. This is not only unconstitutional but can lead to entire cases being dismissed.
Scenario: A defendant is pulled over and searched because they “looked suspicious” but had committed no traffic violation. Any evidence discovered in the search may be invalidated.
Proof of Legal Possession
Not all possession of drugs is illegal. In certain cases, individuals may have legal authority to possess controlled substances, such as when prescribed by a licensed medical professional.
- Prescription Medications
If you can prove that the controlled substance in question was lawfully prescribed to you, this can serve as a defense to the charges. - Errors in Evidence
Sometimes, substances found in possession are wrongly identified as illegal drugs. Testing errors in crime labs can also lead to dismissals.For Example: A client is arrested for possessing pills that were legally prescribed but carried in an unmarked container. Once the prescription is verified, the charges could be dropped.
Understanding the Difference Between Personal Use and Possession for Sale in California
The distinction between possession for personal use and possession with intent to sell is crucial because the penalties differ significantly. Charges for possession for sale carry harsher consequences, including longer jail sentences and higher fines, and they are not eligible for diversion programs like those under Penal Code Section 1000.
Key Factors Law Enforcement Considers:
- Quantity of the Drug: Larger quantities of drugs often suggest intent to sell, especially if the amount exceeds what is typically associated with personal use.
- Packaging: Drugs divided into individual baggies, vials, or other small containers are often viewed as evidence of intent to distribute.
- Paraphernalia: Items such as scales, cash, or ledgers documenting sales are indicators of possession for sale, whereas personal use is more likely associated with items like pipes or syringes.
- Statements Made During Arrest: Any statements or admissions made to police during questioning can be used to infer intent.
Burden of Proof:
The prosecution must prove beyond a reasonable doubt that the defendant intended to sell the drugs. However, this often relies on circumstantial evidence, and a skilled defense attorney can challenge the prosecution’s interpretation of these factors.
Example:
If a person is found with multiple small baggies of a controlled substance and a significant amount of cash but claims the drugs were for personal use, an experienced lawyer can argue against the inference of intent to sell. This might involve challenging the credibility of the evidence or presenting alternative explanations, such as that the items were not related to drug sales.
Understanding this distinction is critical because it determines eligibility for diversion programs and significantly impacts sentencing. A defense attorney can help you demonstrate that possession was for personal use and fight to reduce the charges or penalties associated with your case.
Is It Possible to Expunge a Drug Conviction in California?
Yes, it is possible to expunge a drug conviction in California, but eligibility depends on the specifics of your case. Under Penal Code 1203.4, individuals who have successfully completed probation for certain misdemeanor or felony drug offenses may petition the court for expungement. If granted, the conviction is dismissed, meaning it won’t appear on most background checks, though it may still be considered in certain legal situations. However, serious drug offenses, such as those involving sales, trafficking, or violence, typically do not qualify for expungement. Additionally, if you served time in state prison, you may need to seek alternative post-conviction relief, such as a certificate of rehabilitation or a pardon. An experienced Los Angeles criminal defense attorney can evaluate your case, determine your eligibility, and guide you through the expungement process to help you move forward with a clean record.
Best Legal Defenses for Fighting a Drug Possession Charge
Illegal Search and Seizure – Violating Your Fourth Amendment Rights
The Fourth Amendment protects you from unlawful searches and seizures. If the police found drugs in your possession without a valid warrant, probable cause, or consent, the evidence may be thrown out in court. For example, if officers searched your car or home without legal justification, your attorney can argue that the search violated your constitutional rights, potentially leading to a case dismissal.
Lack of Possession – The Drugs Weren’t Yours
Simply being near drugs doesn’t mean you legally possessed them. If law enforcement cannot prove that the drugs belonged to you or that you had control over them, the charges may not hold up in court. This defense is especially strong in cases involving shared spaces, vehicles, or rental properties where multiple people had access to the location where drugs were found.
Entrapment – Law Enforcement Misconduct
Entrapment occurs when police pressure or coerce someone into committing a crime they wouldn’t have otherwise committed. If an undercover officer encouraged, persuaded, or manipulated you into possessing drugs, an experienced attorney may be able to argue entrapment, leading to a dismissal of charges.
Insufficient Evidence – Prosecutors Can’t Prove the Case
The prosecution must prove beyond a reasonable doubt that you knowingly possessed illegal drugs. If there is weak or missing evidence, such as a lack of fingerprints, surveillance footage, or credible witness testimony, your attorney can argue that the case does not meet the legal standard for conviction. Challenging the chain of custody of the evidence or questioning lab testing accuracy can also create reasonable doubt, leading to dropped charges.
How a Lawyer Can Get Drug Charges Dismissed or Reduced
Pretrial Diversion & Drug Treatment Programs (Penal Code 1000)
For first-time offenders charged with simple drug possession, California’s Penal Code 1000 (PC 1000) offers a pretrial diversion program that allows you to avoid a conviction. If you complete a court-approved drug education or treatment program, your charges will be dismissed, and you will not have a criminal record. However, eligibility requirements apply, and having an attorney argue for your acceptance can improve your chances.
Proposition 36 – Drug Treatment Instead of Jail
If you have prior drug-related offenses, Proposition 36 (Prop 36) may allow you to avoid jail time by completing a drug treatment program. Unlike PC 1000, Prop 36 applies even if you have a criminal record, but you must successfully complete the program to have your charges dismissed. A skilled lawyer can advocate for your acceptanceand ensure you understand all program requirements.
Plea Bargains – Negotiating for a Lesser Charge
If diversion programs aren’t an option, your attorney can negotiate a plea bargain to reduce your charges. This could mean getting a felony drug possession charge reduced to a misdemeanor, avoiding jail time in exchange for probation, community service, or drug treatment. In some cases, a plea deal can result in a charge that won’t permanently impact your record, allowing you to move forward without the long-term consequences of a conviction.
Contact Our Los Angeles Drug Possession Defense Attorney Today
If you or a loved one is facing drug possession charges, The Law Offices of Arash Hashemi is ready to help. With over 20 years of experience defending clients against criminal charges in California, Attorney Hashemi has the knowledge and dedication to fight for your rights and achieve the best possible outcome.
Our legal team will thoroughly review the details of your case, challenge any violations of your constitutional rights, and explore every available option for dismissal, reduced charges, or participation in a diversion program. We understand the serious impact these charges can have on your future, and we’re committed to protecting your freedom and helping you move forward.
Don’t face these charges alone. To discuss your case and learn how we can assist you, contact our office today at (310) 448-1529. You can also schedule a 15-minute consultation through our secure online system. Conveniently located in the Westside Towers in Los Angeles, we serve clients in Santa Monica, Beverly Hills, Westwood, and the surrounding areas.
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