Getting your case dismissed is possible if you use the right approach. Here are five strategies for getting a drug possession charge dismissed that may help you avoid a criminal record. If you are facing this charge, our Los Angeles criminal defense lawyers can help.
Drug possession means having control over an illegal drug or a legal drug without a valid prescription. Even small amounts can lead to serious consequences. These cases are complex because the police, prosecutors, and courts each play a role in how your case moves forward.
Our experienced defense lawyers will review the facts, find mistakes in the case, and fight for the best result. Below are common defense strategies that could lead to a dismissal of your drug possession charge.
What Does ‘Dismissed’ Mean in a Legal Case?
When a charge is dismissed, the court decides to drop it. This means you will no longer face criminal penalties for that charge, and you won’t have to go to trial or receive a sentence for it. A dismissal can happen at different stages:
- Before the official filing of charges.
- During pretrial hearings.
- During the trial, if serious problems are found with the case.
Getting a drug possession charge dismissed can protect your future, keep your record clean, and help you move forward with your life. However, dismissal is not automatic.
It usually takes strong legal arguments and an experienced defense strategy to convince the court or the prosecutor to drop the case.
For a free legal consultation, call (310) 896-2723
Common Approaches for Getting a Drug Possession Charge Dismissed
Fighting a drug possession charge takes more than just hope — it takes a strong legal plan. In California, criminal defense lawyers can use several strategies to get these charges dismissed.
The right approach depends on the facts of your case, but the goal is always the same: to protect your rights and get you the best outcome possible. Below are some of the most common ways to challenge a drug possession charge and work toward a dismissal.
Strategy 1: Challenge the Search and Seizure
Police must follow strict rules when they search you, your car, or your home. If they search you without a valid reason or warrant, your lawyer can ask the court to throw out the evidence.
Without the drugs as evidence, the prosecutor might have no case and be forced to dismiss the charge. This is called “suppressing evidence,” and it is one of the strongest ways to fight a drug possession charge.
Strategy 2: Prove Lack of Knowledge or Possession
To convict you of drug possession, the prosecutor must show you knew the drug was there and had control over it. If you didn’t know the drug was there, you might not be guilty of possession.
For example, if the drug was hidden in a shared car or a borrowed backpack, your lawyer can argue it was not really yours. Showing that you had no knowledge or control can lead the prosecutor to drop the case.
Strategy 3: Show Problems With the Handling of Case Evidence
The “chain of custody” means how the police handled the drug evidence from the time they found it to the time they brought it to court. Every person who touched the evidence must document it properly.
If there are mistakes or gaps in the records, your lawyer can argue that the evidence might have been tampered with or is unreliable. That can convince the court to throw out the evidence, leading to a dismissal.
Strategy 4: Enter a Diversion Program
In California, certain first-time drug offenders can qualify for a diversion program. Instead of going to jail, you complete drug education, treatment, or community service.
If you successfully finish the program, the court can dismiss your charge. Programs like California Penal Code § 1000 (pretrial diversion) offer a second chance without a conviction.
Strategy 5: Negotiate With the Prosecutor
Sometimes, your lawyer can negotiate directly with the prosecutor to have your charge dismissed. This can happen if the prosecutor sees that there are problems with the evidence, questions about your intent, or if you have no criminal history.
Good negotiation skills and a strong legal argument can result in the case being dropped before it ever goes to trial.
Why Drug Crime Cases Are Complex in California
Drug possession cases are not always simple. Issues like illegal searches, unreliable lab results, and witness problems can all affect the case. A small mistake by the police could make a big difference in the outcome of your case.
Our experienced drug crimes lawyer who handles your case will spot these problems and use them to your advantage. That is why it’s important to work with a team that understands California drug laws inside and out.
Our Defense Attorneys Help With Cases Involving Drug Charges
Our drug crime lawyers do more than just show up in court. When we handle your case, we will:
- Review every piece of evidence, including videos, police reports, and witness statements.
- Research all legal defenses that apply to your case.
- Negotiate with prosecutors for the best outcome.
- Go to trial if necessary — we have handled over 100 jury trials, including the most serious cases.
- Represent clients in any court in California and federal courts across the U.S.
Early legal help gives you more options for how to handle your drug possession charge.
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What if I am Facing Felony Drug Possession?
Most drug possession charges in California are misdemeanors, but some cases are much more serious. If you are caught with a large amount of drugs, certain dangerous drugs, or if weapons are involved, you could face a felony charge.
Felony drug possession carries much tougher penalties, including longer jail or prison time and bigger fines. A felony conviction can also affect your job, housing, and future opportunities.
Facing a felony charge means you need a strong legal defense right away. The right lawyer will know how to fight for you and work toward the best outcome for your situation.
What Happens if My Case Doesn’t Result in a Dismissal?
Not every drug possession case gets dismissed. If the court decides not to drop your charge, you still have options. We can work to negotiate a lesser charge, such as a misdemeanor instead of a felony. This is called a plea deal.
You can also choose to fight the charge at trial. A trial gives you the chance to argue your case in front of a judge or jury. Even if you are found guilty, we can ask for a lighter sentence, like probation instead of jail time.
No matter what happens, having a defense lawyer from our team can help protect your future.
Can I Clear My Record of a Drug Charge Later?
Even if you are convicted of drug possession, you might be able to clear your record later. In California, some people can ask the court to expunge or erase a conviction after they complete their probation or sentence.
Expungement can help you get a fresh start by clearing your criminal record for most purposes, like applying for a job. However, not every case qualifies, and the process can be complicated.
We will advise if you qualify for expungement and guide you through the process when the time is right.
We Know the Strategies That Can Help Fight a Drug Possession Charge – Call Us
Time is not on your side when you are facing a drug possession charge. Every day that passes can make it harder to build a strong defense and use the right strategies for getting a drug possession charge dismissed.
Key evidence like video footage can disappear, witnesses can forget important facts, and strict legal deadlines can be missed. That’s why it’s important to get help right away.
At Simmrin Law Group, we have served thousands of clients over the past 20 years and bring decades of combined experience to every case. Our team is ready to fight for a favorable outcome in your case. If you or a loved one is facing charges, call us today for a consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form