What to Expect After Being Arrested at LAX with Drugs

How TSA Handles Drug Discoveries

TSA officers don’t actively search for drugs during routine screenings, but they will notify law enforcement if they discover controlled substances. Drugs are typically found during:

• Baggage X-rays: Substances hidden in carry-on or checked luggage.
• Body scans or pat-downs: Suspicious items on your person.
• Secondary screenings: When TSA investigates other security concerns and discovers drugs in the process.

Once drugs are detected, your case escalates immediately to law enforcement.

Referral to Law Enforcement After TSA Alerts

If TSA alerts law enforcement, such as the Los Angeles Airport Police, you can expect the following:

• Questioning: Officers will question you about the drugs, their origin, and intended use.
• Further searches: Your person, luggage, or other belongings may undergo additional scrutiny.
• Arrest: If probable cause exists, you will be taken into custody.

At this stage, anything you say can be used against you, so it’s critical to remain silent and request an attorney immediately.

Booking and Initial Charges at LAX

After your arrest, you will be booked into custody. Depending on the circumstances, you could face charges such as:

• Drug Possession: Typically applies to smaller quantities intended for personal use.
• Possession with Intent to Sell: Larger amounts or packaging that indicates distribution.
• Drug Trafficking: Transporting drugs across state or international borders, a serious federal offense.

Each charge carries severe penalties, including jail time, fines, and a permanent criminal record. Having a skilled attorney from the outset can help you challenge the charges and work toward reducing or dismissing them.

Frequent Drug-Related Charges at Los Angeles International Airport

Simple Possession of Controlled Substances

Simple possession typically refers to small amounts of drugs intended for personal use. While marijuana is legal in California under certain circumstances, possession over the legal limit or possession of other controlled substances—such as cocaine, heroin, or ecstasy—can result in misdemeanor charges.

Penalties for Simple Possession:

• Up to 1 year in county jail.
• Fines, probation, or required participation in a drug treatment program.
• A criminal record that may impact employment, housing, and other opportunities.

In some cases, individuals arrested for simple possession may qualify for California’s diversion programs, which can lead to charges being dropped upon successful completion of drug education or treatment.

Possession with Intent to Distribute

Possession with intent to sell involves larger quantities of drugs or evidence suggesting distribution, such as packaging materials, scales, or large amounts of cash. Prosecutors often pursue these cases as felonies, carrying more severe penalties.

Penalties for Possession with Intent to Sell:

• 2 to 4 years in California state prison.
• Substantial fines, often in the thousands of dollars.
• Probation, asset forfeiture, or enhanced sentences for drug sales near schools or involving minors.

Drug Trafficking and Federal Offenses

Drug trafficking is one of the most serious drug-related offenses and applies to transporting drugs across state lines, internationally, or in significant quantities. Federal agencies such as the Drug Enforcement Administration (DEA) often take jurisdiction in these cases, imposing harsher penalties than state law.

Penalties for Drug Trafficking:

• Federal prison sentences ranging from 5 to 40 years (or more, depending on the drug type and quantity).
• Hefty fines reaching up to $5 million for individuals.
• Asset forfeiture, including cash, vehicles, or property tied to the offense.
• Mandatory minimum sentences for offenses involving large quantities of controlled substances or repeat offenders.

Key Factors That Affect Drug Charges After an LAX Arrest

• Type of Controlled Substance Involved: Controlled substances like heroin, methamphetamine, or fentanyl often result in more severe charges than marijuana or prescription medications.
• Drug Quantity and Packaging: Even a small amount of a highly controlled substance may lead to trafficking charges if transported across borders.
• Evidence Suggesting Intent to Distribute: Evidence such as packaging, scales, or communication about sales may indicate intent to sell or distribute.
• State vs. Federal Jurisdiction in Airport Arrests: Cases involving interstate or international travel are typically prosecuted under federal law, which carries harsher penalties.

Federal vs. State Jurisdiction

The jurisdiction under which your case is prosecuted—state or federal—depends on the specifics of your arrest, including the amount of drugs involved and whether interstate or international travel was a factor. Cases involving smaller quantities of drugs for personal use are generally handled at the state level. California state law often focuses on rehabilitation for minor drug offenses, offering options like diversion programs for first-time offenders. However, the penalties can still include jail time, fines, and a criminal record that affects future opportunities.

On the other hand, federal jurisdiction is triggered in more serious cases, such as when drugs are transported across state or international borders, or when large quantities of controlled substances are involved. Federal drug offenses come with mandatory minimum sentences, which can result in lengthy prison terms and substantial fines. Federal charges also carry harsher penalties compared to state-level cases, and they are prosecuted by well-resourced federal agencies like the DEA. The complexities of federal drug laws make it essential to have experienced legal representation to navigate these high-stakes cases.

Defense Strategies for Drug Arrests at LAX

Challenging Illegal Searches and Seizures

A critical defense strategy in drug cases at LAX is challenging the legality of the search and seizure. Under the Fourth Amendment, individuals are protected from unlawful searches and seizures, which means that law enforcement must follow strict protocols to ensure that evidence is obtained legally. If TSA or law enforcement officers exceeded their authority during the search—for example, by conducting an invasive search without reasonable suspicion or probable cause—your attorney can argue that your rights were violated. Similarly, if law enforcement did not have proper justification to search your luggage, person, or belongings, the evidence collected may be deemed inadmissible in court. Suppressing unlawfully obtained evidence can weaken the prosecution’s case significantly, potentially leading to reduced charges or dismissal.

Proving Lack of Knowledge of the Drugs

In some drug cases, especially at an airport like LAX, it’s possible that the accused genuinely had no knowledge of the drugs in their possession. For example, someone else may have placed the substances in their luggage without their awareness, a scenario that can occur in instances of luggage tampering or smuggling schemes. Your attorney can gather and present evidence to support this claim, such as surveillance footage, witness testimony, or documentation showing that the bag was handled by someone else. Additionally, the prosecution must prove beyond a reasonable doubt that you knowingly possessed the drugs.

Addressing Intent to Distribute Allegations

Intent to distribute is often inferred from circumstantial evidence, such as the quantity of drugs, how they were packaged, or the presence of items like scales or large amounts of cash. However, these factors do not always indicate distribution. For instance, possession of a larger quantity of drugs does not automatically mean they were intended for sale—it could simply indicate personal use. Your attorney can challenge the prosecution’s interpretation of the evidence, presenting arguments that the drugs were for personal consumption rather than distribution. By undermining the intent to distribute, an experienced criminal defense attorney can potentially reduce a felony charge to a misdemeanor, or even negotiate for alternative sentencing options, such as diversion programs or probation.

Identifying Chain of Custody Issues

In any drug case, the prosecution must establish a clear and unbroken chain of custody for the evidence. This means that the drugs seized must be properly documented, handled, and stored from the moment they are discovered until they are presented in court. Any lapses or irregularities in this process—such as missing documentation, mishandling of evidence, or gaps in the chain of custody—can raise questions about the integrity and reliability of the evidence. For instance, if the drugs were not securely stored or if the individuals handling the evidence failed to follow proper protocols, it may lead to contamination or tampering concerns. Your defense attorney can thoroughly examine the chain of custody records to identify and highlight these issues, potentially resulting in the exclusion of the evidence and weakening the prosecution’s case.

Negotiating for Reduced or Alternative Sentencing

For first-time offenders or individuals caught with small amounts of drugs, negotiating for reduced charges is often a viable strategy. Prosecutors may be open to alternatives such as reducing a felony charge to a misdemeanor or agreeing to a plea deal that involves less severe penalties. In some cases, your attorney can advocate for alternative sentencing options, like California’s diversion programs, which allow eligible defendants to complete drug education or treatment in exchange for the charges being dismissed. These programs are particularly beneficial for first-time offenders, as they can avoid a criminal record while addressing the underlying issues related to drug use. By leveraging your personal circumstances, lack of prior offenses, and the specifics of the case, our attorney can work to achieve the best possible outcome for your situation.

What to Do If You’re Arrested at LAX for Drugs

Contact an Experienced Criminal Defense Attorney

Drug-related arrests at airports are complex, often involving multiple agencies and, in some cases, federal jurisdiction. Securing legal counsel from an experienced criminal defense attorney immediately after your arrest is critical. Our criminal attorney can analyze the details of your case, identify any procedural errors or constitutional violations, and challenge the evidence presented by the prosecution. Attorney Hashemi will also negotiate with prosecutors to reduce or dismiss charges where possible and ensure that your rights are protected throughout the legal process.

Avoid Discussing the Case

It’s essential to limit discussions about your case to your attorney. Avoid talking about the details of your arrest with friends, family, or colleagues, as these conversations could inadvertently harm your defense. Additionally, do not post anything about the incident on social media, as prosecutors and law enforcement often monitor such platforms for incriminating evidence. Keeping the details of your case private minimizes the risk of jeopardizing your defense strategy.

Experienced Legal Representation for LAX Drug Arrests

The Law Offices of Arash Hashemi offers over 20 years of experience in defending clients arrested at LAX with drugs. Since founding the firm in 2003, Los Angeles criminal defense attorney Arash Hashemi has built a reputation for successfully handling a wide variety of cases, ranging from minor offenses to serious felonies such as murder. His expertise includes defending clients in both California state and federal courts, ensuring comprehensive representation in cases involving federal drug charges often associated with airport arrests. As the 2024 President of the Criminal Courts Bar Association, Arash’s leadership and professional reputation reinforce his commitment to protecting his clients’ rights.

Our firm is known for crafting personalized defense strategies tailored to each client’s unique circumstances. We scrutinize every aspect of the case, including potential Fourth Amendment violations, improper evidence handling, and constitutional issues, to build a strong defense. Whether facing state or federal charges, The Law Offices of Arash Hashemi is dedicated to safeguarding your freedom and future. Contact us today for a free consultation to discuss your case and start building your defense.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.