Arrested for Drug Possession, Possession for Sale, or Transportation?

Was there an illegal search or seizure by the police?
Should the case be settled for a lesser offense?
Is Drug Diversion or Proposition 36 probation available?
Should the case go to trial?

Call for a Free Consultation at (530) 244-7745

Drug cases can involve some difficult problems for the D.A. When police seize drugs found in someone's pocket, purse, car or home, the Fourth Amendment prohibition against unreasonable searches and seizures comes into play. A violation of the Fourth Amendment can result in the D.A.'s evidence being thrown out of court. Even when a drug is legally seized by the police, the question of who had knowledge, ownership or possession of the drug is often difficult to answer. Whether the substance was possessed for personal use or for sale can become the focal point of controversy and expert testimony. "Simple" drug cases often present many potential issues which must be closely examined by defense counsel, and used in court for the client's benefit.

Did You Know?

Generally, your home cannot be searched by the police unless you give them permission, or a judge gives them permission by issuing a search warrant, but only after the police convince the judge, under penalty of perjury, that probable cause exists for a search. The police can be very good at making you feel like you should give them permission to search, even when they lack probable cause. Your home is your castle. It's okay to say no. Besides, your home may look like a tornado hit it after the police are done searching. Who cleans up the mess?

Your car has less protection from police searches than your home. Generally, no search warrant is required if the officer has probable cause to believe your vehicle contains something illegal. What gives the police probable cause to search is often something mentioned by the driver or a passenger. You chat with the officer at your own risk.

The truth is, you have no legal obligation to answer an officer's questions. Most talkative clients end up hurting themselves. I represented one client who was caught with a personal-use amount of meth. The client told the officer she was only going to sell it to a friend who really needed it. Suddenly, simple possession became possession-for-sale. Silence is golden.

When a case gets to court, the law provides procedures for challenging police detentions, arrests, and searches. There are also procedures for challenging search warrants and even the affidavit the police prepared to obtain the search warrant. When the police make a detention or arrest without a warrant, the D.A. must prove that detention or arrest was reasonable within the meaning of the Fourth Amendment. For a lawful detention the police must have "reasonable suspicion" criminal activity may be afoot. For a lawful arrest, the police must have "probable cause" to believe a crime has occurred. Where a search was made with a search warrant, the law presumes the search to be legal. It is the defense attorney's burden to show the search warrant, or the affidavit supporting the search warrant, is defective in an important way.