What can I expect after arrest?

After arrest for a drug offense in California, you are handcuffed and transported to the County Jail. Personal items may be confiscated, such as jewelry, money, and other valuables. They will be kept in a safety deposit box until your release.
You will be fingerprinted and photographed. You may be interrogated by police officers who will ask you for your  legal name, birth date, license information and more. They may also ask you about the circumstances about your arrest. Your answers will be recorded or noted as preliminary evidence in court. You will be subjected to drug testing and drug abuse.  You may be interviewed or observed by a Drug Recognition Expert who will look for signs of drug abuse. Your personal information and the arrest record will be posted on public databases that are used for background checks by employers, landlords, loan officers, and others.

What is the punishment if I’m convicted for a drug offense?

Depending upon the circumstances of your arrest in California,  your arrest could be classified as a misdemeanor or felony.  For instance, you may see federal charges if there were aggravating circumstances involved in your arrest. If you are convicted, jail or prison time is weighed on the severity and number of circumstances charged against you.
The “circumstances” may include the number of different drugs, quantity of drugs found, prior convictions, proximity to certain protected zones (school), and whether there was another crime committed, like a robbery, burglary, or assault.
Courts determine punishment on a case-by-case basis. You could receive:

• Probation, and/or
• Drug counseling and treatment, and/or
• Jail or state prison time, and/or
• Community Service, and/or
• Fines, and/or
• Forfeiture of assets.

You need a California criminal defense lawyer who will review your situation to determine what actions should be taken. There could be facts that may bring about a dismissal. It is possible that a plea agreement is the best option. It may also be possible that the only route is to take your case to court. Consultations with a criminal defense attorney must occur before making any decision about a plea agreement and/or on taking your case to trial.

What are my rights if I’m arrested for a drug offense?

You’ve probably heard about Miranda Rights in the movies or on a television show. This is one part of fantasy law that is usually very accurate. You have the right to remain silent. You also have the right to call for legal representation. Most important, anything that you do or say can and will be used against you in a court of law.

What defenses are there for a drug charge?

As criminal defense attorneys, it’s our job to make sure that every possible drug crime defense is used to defend our clients. Police officers make mistakes, and some of those mistakes can lead to case dismissals and not guilty verdicts. In our analysis of your case, we may find:

• Violation of California citizens’ rights regarding search and seizure
• False entries on a police report
• Entrapment
• Detention of suspect without proper evidence
• False or flawed claims to judges that result in illegally obtained searches
• A valid prescription for medical marijuana

With assistance from highly trained and experienced criminal attorneys, illegally obtained evidence, haphazard police work, or common mistakes by officers at the scene a crime can result in a dismissal of all charges.

Additional articles concerning drug charge defense.

We have prepared additional articles concerning drug charge defense. You may also contact our office for free consultation for a current legal matter.

Drug Cultivation, Drug Possession, California PC 1000, Prop 36, Prescription Drug Possession, Drug Programs in lieu of Jail