Arrested for a Drug Crime in the Inland Empire?

For a misdemeanor drug arrest, police usually release you with a written notice to appear in court (PC 853.6). Otherwise, you are booked and held until you post bail or see a judge. If you stay in custody, you must be brought to court for arraignment, usually within 48 hours, not counting Sundays and holidays. At arraignment, the judge reads the charges, takes your plea and rules on bail or release. For a treatment-mandated felony under Proposition 36, a judge must review the case before you can be released (Health and Safety Code 11395). The prosecutor can also file charges later if you were released. The sooner we’re involved, the sooner we can start working on your case.

Possession means having a drug for your own use: Health and Safety Code (HS) 11350 covers heroin, cocaine, fentanyl and many prescription painkillers, and HS 11377 covers methamphetamine and many other pills. Possession for sale (HS 11351, 11378) means intending to sell, often shown by the amount, packaging, scales, cash or texts. Transportation and sales (HS 11352, 11379) cover selling or giving drugs away, or moving them to sell them; moving drugs only for your own use is not enough.

For cannabis, adults 21 and over can legally have up to 28.5 grams, or 8 grams of concentrate (HS 11362.1). Having more, possessing it for sale or selling it without a license is usually a misdemeanor (HS 11357, 11359, 11360).

Usually a misdemeanor. Since Proposition 47 passed in 2014, simple possession of most drugs carries up to one year in county jail (HS 11350, 11377). Being under the influence (HS 11550) is also a misdemeanor with up to one year, and having a pipe or other paraphernalia (HS 11364) carries up to six months. Possession can be a felony if you have a prior conviction for certain very serious crimes, such as murder or a sex offense that requires registration, if you were armed with a loaded gun (HS 11370.1), or, under Proposition 36, if you have two or more prior drug possession or sales convictions (HS 11395). Possession for sale and sales are felonies.

It depends on the charge, the amount and your record. Simple possession carries up to one year in county jail, and many first-time cases are resolved with diversion or probation instead. Possession for sale and sales are felonies, usually served in county jail rather than state prison: up to three years for methamphetamine for sale (HS 11378), up to four years for heroin, cocaine or fentanyl for sale (HS 11351) and up to five years for selling them (HS 11352). Large amounts, a gun or a prior strike can add years and require state prison. Probation is possible in many sales cases.

Yes, and for non-citizens it is often the most serious consequence. Under federal law, almost any drug conviction, even simple possession, can lead to deportation or block a green card or citizenship. The main exception is a single conviction for possessing 30 grams or less of marijuana for your own use (8 U.S.C. 1227(a)(2)(B)(i)). Some California programs that require a guilty plea, including Proposition 36 treatment, may still count as a conviction for immigration purposes even if the case is later dismissed. Pretrial diversion under PC 1000 does not require a plea. Talk to us before entering any plea.

Proposition 36, in effect since December 2024, made possessing a hard drug, such as fentanyl, heroin, cocaine, methamphetamine or PCP, a treatment-mandated felony if you have two or more prior convictions for drug possession or sales (HS 11395). You can choose treatment by pleading guilty and completing a court-approved program, and if you finish, the charge is dismissed. If you refuse or fail treatment, you can be sentenced to up to three years. It also added longer sentences for dealing more than an ounce of fentanyl (HS 11370.4), extra prison time if someone is seriously hurt using drugs you provided (PC 12022.7), and a court warning that a future drug death could be charged as murder (HS 11369).

In many cases, yes. Pretrial diversion under PC 1000 is available for most simple possession, under the influence and paraphernalia charges if the case involved no violence and, in the past five years, you have no felony conviction and no drug conviction other than these same minor offenses. It lasts 12 to 18 months and requires no guilty plea. When you finish, the charges are dismissed and the arrest is treated as if it never happened (PC 1000.3, 1000.4). Mental health diversion (PC 1001.36) can cover more serious charges when a diagnosed condition, which may include a substance use disorder, played a part. Some courts also run drug court programs with treatment, testing and regular check-ins.

No. Politely decline to answer questions and ask for a lawyer. In drug cases, your own statements are often the strongest evidence: even saying the drugs were only for personal use can prove you knew they were there. You don’t have to agree to a search of your car, phone or home, and if officers search anyway, we can challenge it later. Don’t discuss the case by text, email, social media or jail phone calls. All of it can be recorded and used.

It depends on the evidence. Common defenses include:

• The stop or search was illegal, so the drugs can be thrown out
• You didn’t know the drugs were there, or they belonged to someone else
• The drugs were for personal use, not for sale
• The lab results don’t prove the substance was an illegal drug
• You had a valid prescription
• Insufficient evidence to prove the charge beyond a reasonable doubt

We review the police report, body camera video, any search warrant, lab results, phone records and text messages to find the weaknesses in the case.

Often, yes. Depending on the evidence, charges may be dismissed, never filed, or reduced, for example from possession for sale to simple possession. Diversion and Proposition 36 treatment end in dismissal if you complete them. If you are convicted and complete probation, you may be able to have the conviction dismissed under PC 1203.4. An older felony possession conviction may be reduced to a misdemeanor under Proposition 47 (PC 1170.18), and older cannabis convictions can often be reduced or dismissed under Proposition 64 (HS 11361.8). For non-citizens, a state court dismissal may not solve the immigration problem, so talk to us before entering any plea.