Los Angeles Drug Possession Lawyer
LAPD pulled you over for broken taillight. Officer searched your car and found pills in the glove compartment. You were arrested, handcuffed, and taken to jail. They fingerprinted you, took your mugshot, and booked you for drug possession. You posted bail. Court date is three weeks away. You’re terrified of prison, criminal record, losing your job. If you’re not a U.S. citizen, you’re terrified of deportation. Thanks for visiting Spodek Law Group – a second generation law firm with over 50 years of combined experience. Our managing partner, Todd Spodek, has many, many, years of experience defending clients in high-profile cases covered by NY Post, Newsweek, and other national outlets – including Anna Delvey and juror misconduct allegations in the Ghislaine Maxwell trial. This article explains what drug possession charges mean in California, the penalties you face, the diversion program that can get your charges dismissed, defenses that can get your case thrown out, and why you need a lawyer immediately.
What It Is
California Health and Safety Code Section 11350 criminalizes possession of controlled substances including cocaine, heroin, opiates, and prescription drugs without a valid prescription. California Health and Safety Code Section 11377 criminalizes possession of methamphetamine. To convict you, the prosecution must prove three elements: you knowingly possessed the drug, you knew it was a controlled drug, and the drug was in a usable amount.
Simple possession versus possession for sale. Simple possession is a misdemeanor. Possession for sale is a felony. Misdemeanor means county jail. Felony means state prison.
Proposition 47. 2014. Everything changed. Before Proposition 47, cocaine or heroin possession was a felony punishable by 16 months to three years in state prison. After Proposition 47, simple possession is a misdemeanor punishable by up to one year in county jail.
Possession can be actual or constructive. Actual possession means the drug was on your person. Constructive possession means the drug was in a place you controlled and you knew it was there. If police find drugs in your car, the prosecution must prove you knew the drugs were there.
Penalties
A first-time drug possession conviction under Health and Safety Code Section 11350 or 11377 is typically charged as a misdemeanor with a maximum jail sentence of one year in Los Angeles County Jail and a maximum fine of $1,000, though most first-time offenders do not serve jail time and instead receive summary probation which means you do not report to a probation officer but must comply with probation conditions including completing a drug education program, submitting to drug testing, and not committing new offenses. California law provides for felony enhancement if you have a prior conviction for murder, rape, gross vehicular manslaughter while intoxicated, child molestation, or if you are a registered sex offender – in these cases your drug possession charge becomes a felony punishable by 16 months, two years, or three years in state prison.
A drug possession conviction creates a permanent criminal record. Permanent criminal record appears on background checks. Employers see the conviction and refuse to hire you. Landlords see the conviction and refuse to rent to you. Professional licensing boards suspend or revoke licenses for nurses, teachers, and other licensed professionals convicted of drug crimes. Criminal record stays on your record forever unless you get it expunged. If you are not a United States citizen, a drug possession conviction can result in deportation because federal immigration law classifies drug convictions as aggravated felonies or crimes involving moral turpitude, and both categories make you deportable and inadmissible, so even a misdemeanor drug possession conviction triggers deportation proceedings. Immigration and Customs Enforcement targets non-citizens with drug convictions for removal. A conviction that seems minor to a U.S. citizen destroys the life of an immigrant who gets deported to a country they barely remember after living in the United States for decades.
A drug conviction costs you federal benefits. Federal law prohibits people with drug convictions from receiving federal student loans for one year for a first conviction and permanently for repeat convictions. Drug convictions also make you ineligible for public housing. Federal housing authorities deny applications from people with drug convictions and evict tenants who commit drug offenses. Criminal record. Job loss. Deportation. Loss of student loans. Loss of housing. One conviction ruins everything.
Diversion Program
California Penal Code Section 1000 establishes a pretrial diversion program for non-violent drug offenders. The program allows you to complete drug treatment instead of going to trial. Complete the program: charges dismissed. Charges dismissed. No criminal conviction. No criminal record.
To qualify for Penal Code 1000 diversion, you must meet eligibility requirements: no drug conviction within five years before the current offense, the offense charged cannot involve violence, and you cannot have been diverted under Penal Code 1000 previously unless your prior diversion was completed more than five years ago.
Since 2018, you can plead not guilty and still enter diversion. The court refers you to a drug treatment program that typically lasts six to twelve months and includes counseling, drug education classes, and random drug testing. Cost ranges from $500 to $2,000.
Complete the program: charges dismissed, arrest record sealed. Charges dismissed means no conviction. Sealed record means employers and landlords cannot see the arrest. You answer “no” on job applications asking about arrests or convictions. Dismissed charges. Clean record. Second chance.
Fail the program: diversion terminated, criminal case resumes. Los Angeles County diversion programs include CLARE Foundation, Tarzana Treatment Centers, and Behavioral Health Services.
Defenses
The Fourth Amendment prohibits unreasonable searches and seizures. Fourth Amendment. Illegal search. Evidence suppressed. Case dismissed.
Most drug possession cases arise from vehicle stops. LAPD officer pulls you over and searches your car. The officer must have probable cause to search your vehicle. The smell of marijuana can provide probable cause. Seeing drugs in plain view can provide probable cause. Your consent to search provides authority to search. But if the officer searches your car without probable cause, without seeing anything in plain view, and without your consent, the search violates the Fourth Amendment. If the police stopped you or searched you without probable cause, your attorney files a motion to suppress the evidence. Evidence suppressed means prosecution cannot prove the case. Charges dismissed.
Your attorney can challenge the legality of the traffic stop itself. The officer must have reasonable suspicion that you violated a traffic law to pull you over. Weaving within your lane is not reasonable suspicion.
The prosecution must prove you knowingly possessed the drugs. If the drugs were in a car you borrowed, you can argue you did not know the drugs were there. The prosecution must prove you knew the substance was a controlled drug. The prosecution must prove the substance was in a usable amount. Trace amounts do not constitute possession. The prosecution must prove the substance was actually a controlled drug through crime lab testing. Your attorney can challenge the chain of custody.
Why You Need Lawyer NOW
You need a criminal defense attorney immediately for three critical reasons: to get you into the diversion program that dismisses your charges, to challenge the illegal search, and to prevent a conviction that destroys your future.
Many people arrested for drug possession do not know Penal Code 1000 diversion exists. Without attorney: you plead guilty, you get convicted. With attorney: you learn about diversion, you complete program, charges dismissed. No conviction. No criminal record. The difference between a criminal record and dismissed charges is one attorney.
Most drug possession cases involve illegal searches. Police officers search cars without probable cause. Without attorney: illegal searches go unchallenged, you get convicted. With attorney: lawyer files motion to suppress evidence, judge suppresses evidence, charges dismissed.
A drug possession conviction has lifetime consequences. Employers refuse to hire you. Landlords refuse to rent to you. If you’re not a U.S. citizen, Immigration and Customs Enforcement deports you. You lose federal student loans. You get evicted from public housing. One conviction destroys everything you’ve worked for.
Los Angeles County District Attorney prosecutes drug possession cases aggressively. DA will not offer diversion unless your attorney negotiates. DA will not dismiss based on illegal search unless your attorney files motion to suppress.
Your arraignment will be scheduled two to four weeks after arrest at Airport Courthouse (11701 South La Cienega Boulevard), Van Nuys Courthouse (14400 Erwin Street Mall), or Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles. Plead guilty without attorney: convicted and sentenced immediately. Plead not guilty with attorney: attorney negotiates diversion or files motion to suppress.
Unlike other law firms who push diversion without fighting the charges, Spodek Law Group challenges the search first and fights for dismissal. We file motions to suppress evidence from illegal searches. We cross-examine police officers about their lack of probable cause. We force the prosecution to prove every element beyond a reasonable doubt. We use diversion as backup if we cannot get the case dismissed. Available 24/7.
Don’t talk to LAPD. Don’t plead guilty. Call now. 212-300-5196.