Being arrested for drug possession can be stressful and confusing, particularly if you have never been through the criminal justice system before. You may be worried about your future, your job, and the potential penalties you could face.
It is important to remember that an arrest is only the beginning of the legal process. It does not mean you will be convicted. Depending on the facts of your case, there may be opportunities to challenge the charges, seek a reduction or dismissal, or pursue alternatives to conviction.
What Happens Immediately After a Drug Possession Arrest?
The first hours after an arrest follow a standardized process, and very little of it involves the merits of your case.
Here’s what you can expect:
Booking and Processing
After the arrest, you’ll be taken to a police station or county jail for booking. Officers will take your fingerprints and photograph, inventory and store your personal property, and enter your information into the system.
Booking is an administrative process, not an investigative one. You are not required to answer questions about your case during booking, but any statements you volunteer can be used against you later.
Release From Custody
How quickly you get out depends on the charge and your circumstances. A person arrested for drug possession may be released in one of several ways.
- Released on citation, with a written promise to appear in court
- Released on bail, after posting the required amount
- Released on their own recognizance (OR), based on the court’s trust that they’ll return
- Held in custody, depending on the circumstances
Those who have minimal or no criminal history and are facing low-level possession charges are likely to be released pretty quickly.
First Court Appearance
Your first appearance is called the arraignment. The court formally reads the charges against you, advises you of your rights, and asks you to enter a plea. Bail conditions may be reviewed and adjusted, and the court schedules your future dates.
Defendants should avoid discussing the facts of their case in court without first speaking to a defense lawyer. Statements made at the arraignment are part of the record, and even something that you think is minor can end up harming your defense.
Pretrial Proceedings and Negotiations
After the arraignment, the case enters the pretrial phase. Your attorney reviews the evidence the prosecution has gathered, files motions where appropriate, and meets with the prosecutor to discuss how the case might get resolved.
Many drug possession cases end during this stage, whether through reduced charges, a negotiated plea, or an outright dismissal, depending on the circumstances. This is also when your lawyer can challenge how the police obtained the evidence; if the search that produced the drugs was unlawful, your lawyer can file a motion to suppress.
If the judge agrees that it was obtained illegally, they can suppress that evidence, which often leaves the prosecution without enough evidence to proceed.
Drug Diversion Programs
California law provides diversion programs for many people charged with simple drug possession. Depending on the circumstances, eligible defendants may be able to complete treatment or education instead.
When the program is completed successfully, the charges are dismissed, and the arrest doesn’t become a conviction on your record. Eligibility depends on the charge and your history, so it’s worth asking your attorney about diversion early in the case.
Resolution of Your Case
Every case ends in one of a few ways. The charges may be dismissed, either because the evidence was suppressed or the prosecution can’t prove its case. You may complete a diversion program and walk away without a conviction. The case may resolve through a negotiated plea to a reduced charge.
Or, if no fair resolution is offered, the case proceeds to trial, where the prosecution must prove every element of the charge beyond a reasonable doubt. Which path your case takes depends heavily on the facts, the evidence, and the quality of the defense work done in the earlier stages.
Contact an Oakland Drug Crimes Lawyer at Law Office of Nabiel C. Ahmed to Schedule a Confidential Case Evaluation
If you’ve been charged with drug possession in California, one of the most important things you can do is work with a criminal defense lawyer. This is the first step you should take, as soon as you get the chance.
For more information, please contact an experienced drug crimes attorney at the Law Office of Nabiel C. Ahmed for a confidential consultation. We have convenient locations in Oakland and San Ramon, California.
Law Office of Nabiel C. Ahmed – Oakland
1305 Franklin St #411, Oakland, CA 94612
(510) 271-0010
We are available 24/7
Law Office of Nabiel C. Ahmed – San Ramon
2551 San Ramon Valley Blvd #206, San Ramon, CA 94583
925-725-4003
We are available 24/7
