Los Angeles Drug Possession Attorney

REQUEST A Free CONSULTATION

Drug Possession Attorney in Los Angeles

If you have been charged with drug possession in Los Angeles the charge you are facing, the penalties attached to it, and the options available to you depend entirely on what drug was involved and what the circumstances of your arrest were. California drug possession laws cover a wide range of controlled substances from methamphetamine and cocaine to heroin, prescription drugs, and marijuana and each carries its own legal framework, penalties, and defense strategies. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against drug possession charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Drug Possession Charges in California — What You Are Facing

California prosecutes drug possession under several different statutes depending on the specific substance involved. Health and Safety Code 11377 covers possession of methamphetamine and other stimulants. Health and Safety Code 11350 covers possession of cocaine, crack cocaine, heroin, and unauthorized possession of prescription drugs. Health and Safety Code 11357 covers possession of marijuana in amounts exceeding what California law permits. Each statute carries different penalties and different eligibility for diversion and the specific charge filed determines what the defense needs to accomplish.

Following the passage of Proposition 47 simple drug possession is a misdemeanor for most first and second time offenders carrying up to one year in county jail and fines. The charge can be elevated to a felony when the defendant has prior convictions for certain serious or violent offenses or when the circumstances suggest the drugs were possessed for sale rather than personal use. That distinction is the most contested issue in most drug possession cases because it is the line between a misdemeanor and a felony carrying years in state prison.

Possession vs Possession for Sale — The Most Important Distinction

Law enforcement uses the quantity of the drug, how it was packaged, whether scales or baggies were present, large amounts of cash, and text messages on the defendant’s phone to argue the drugs were intended for sale. When those factors are present prosecutors file possession for sale charges rather than simple possession. Possession for sale carries 16 months to 3 years in state prison as a felony with no misdemeanor option.

Our criminal defense attorney challenges the possession for sale determination in every case where the evidence does not clearly support it. When the quantity was consistent with personal use, when the packaging was ambiguous, or when the prosecution’s theory of sales intent is built on circumstantial evidence the charge can be reduced to simple possession with dramatically lower exposure and diversion eligibility restored. That reduction can mean the difference between a misdemeanor dismissed through diversion and a felony conviction that follows you permanently.

Diversion Programs for Drug Possession Charges in Los Angeles

For clients charged with simple possession diversion is one of the most important options to pursue and it requires early action to preserve. Penal Code 1000 pretrial diversion allows eligible defendants to complete a drug education or treatment program and have the charge dismissed entirely upon successful completion with no conviction on their record. Proposition 36 allows first and second-time nonviolent drug offenders to receive treatment instead of incarceration. Both programs require the defendant to have no prior drug sales convictions and to be charged with possession rather than possession for sale. Our criminal defense attorney evaluates every available diversion option from the first consultation because a successful diversion completion means no conviction and no permanent record from the charge.

How We Defend Drug Possession Charges in Los Angeles

The defense in every drug possession case starts with how law enforcement found the drugs. Most possession arrests begin with a traffic stop or a search of a vehicle, home, or person. When the stop lacked reasonable suspicion or the search lacked probable cause the drugs can be suppressed through a Fourth Amendment motion and without the physical evidence the prosecution cannot proceed. Our criminal defense attorney analyzes the legality of every stop and search from the first consultation because suppression is the most direct path to dismissal in possession cases.

When the search was lawful the defense focuses on whether the prosecution can prove the defendant knowingly possessed the specific drug involved, whether the quantity and circumstances support a personal use theory that preserves diversion eligibility, and whether any prior convictions being used to elevate the charge legally qualify. For non-citizen clients the immigration consequences of a drug conviction require immediate analysis alongside the criminal defense. Even a misdemeanor possession conviction can trigger deportation proceedings under federal immigration law and our criminal defense attorney addresses both simultaneously from the first consultation.

Contact a Los Angeles Drug Possession Lawyer Today

Attorney Arash Hashemi has defended clients against drug possession charges throughout Los Angeles County for over 20 years. He understands how the District Attorney’s office at each filing location approaches possession cases, which diversion programs each court favors, and where the defense has the most leverage. Every case is handled personally by Attorney Hashemi with no associates and no handoffs. When you retain our firm you work directly with the attorney defending your case from the first call through resolution. If you have been charged with drug possession in Los Angeles contact our office today. Our criminal defense attorney will review the facts of your arrest, analyze the evidence, discuss your diversion options, and give you an honest assessment of where your case stands. Contact our office today for a free confidential consultation.

Schedule a free Consultation:

We are conveniently located in the Westside Towers serving clients facing drug possession charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.