As soon as an officer places you under arrest for a drug possession offense, your mind will fill with several questions. In addition to the anxious thoughts you’ll likely experience, you’ll also wonder how this incident will impact your future. It’s natural to wonder whether you’ll wind up behind bars, lose out on employment opportunities, or face other significant penalties. At the same time, you’ll want to know if drug possession charges are ever dropped in California, and if so, what you can do to make this happen.
A Look at the California Criminal Justice Process
All drug possession charges in California are misdemeanors since the passage of Prop 47. This is not to be confused with drug trafficking charges, which remain felonies. In order to convict a defendant of a drug possession charge, a prosecutor must be able to prove beyond a reasonable doubt that the defendant exercised control over a controlled substance, that the defendant knew of its presence, that the defendant knew it was a controlled substance, and that the substance was in a sufficient quantity to be “usable”. This puts a high burden on the prosecution, and with drug possession now being only a misdemeanor, many prosecutorial agencies don’t want to expend much effort seeking convictions and jail. That makes drug possession charges ones that a knowledgeable criminal defense attorney is likely to be able to get dropped.
Reasons Your Drug Possession Charges May Be Dropped
If prosecutors initially bring charges against you but later come to realize that it’s unclear who was in possession of the drugs, they may decide to drop the case. If the police violated your rights at any point during your arrest or the investigation process, your case could be dropped. Or a judge may decide to dismiss charges that they believe are legally unsound. Many times drug possession charges can be dismissed through plea negotiations in exchange for attending treatment and/or performing community service.
How Working With a Criminal Defense Lawyer Can Help
Even misdemeanor convictions can affect the course of your life in negative ways. The circumstances of drug-related arrests are often chaotic, and police may violate your rights during the process. Perhaps they subjected you to an illegal search and seizure, or the drugs they allegedly found in your possession actually belonged to someone else. Enlisting the guidance of an experienced criminal defense lawyer is the best way to ensure your rights were and remain protected during every phase of the legal process. Don’t leave your future up to fate—contact a trusted attorney today to defend your freedom and your future.
Contact Wegman & Levin at (818) 980-4000 to schedule a free consultation with a dedicated Los Angeles criminal defense lawyer.
