Arrested for Drugs in California? How Law Enforcement Mistakes Can Help Your Case

Arrested Doesn’t Mean Convicted—Especially If Your Rights Were Violated

If you’ve been arrested for a drug crime in California, you may feel like the cards are stacked against you. But even in these stressful situations, it’s important to remember that you have rights, and law enforcement officers can make mistakes during drug offense arrests that may work in your favor.

The Drug Offense Arrest Process in California

Drug offense arrests can happen in a few different ways:

1. Planned arrests after an investigation: For more serious drug charges like trafficking, law enforcement may conduct lengthy investigations involving surveillance, undercover operations, and controlled buys before obtaining an arrest warrant.
2. On-the-spot arrests: Officers might arrest someone immediately if they have probable cause, such as finding drugs during a traffic stop or observing a hand-to-hand transaction.
3. Arrests after executing a search warrant: Police may obtain a warrant to search a home or property, then make arrests based on any contraband found.

The legal process after a drug offense arrest depends on factors like the type and quantity of drugs involved. Simple possession for personal use may be handled differently than cases involving large-scale distribution.

Common Law Enforcement Mistakes in Drug Offense Arrests

Law enforcement officers are human, and they can make errors during drug offense arrests that violate a suspect’s constitutional rights. Some common mistakes include:

• Illegal searches and seizures: If police search you or your property without a valid warrant or probable cause, any evidence they find may be inadmissible in court.
• Improper handling of evidence: Officers must follow strict protocols for collecting, documenting and storing drug evidence. Failure to do so can undermine the prosecution’s case.
• Lack of proper testing: Substances should be tested in an accredited crime lab to confirm they are actually illegal drugs. Skipping or botching this step can be a major problem for prosecutors.
• Entrapment: While undercover operations are legal, officers can’t coerce or induce someone into committing a crime they wouldn’t otherwise commit.
• Failure to read Miranda rights: If you’re arrested and interrogated, police must advise you of your right to stay silent and your right to an attorney. Failing to do so can make your statements inadmissible.

A skilled drug crime defense lawyer will scour every aspect of your arrest to identify any missteps by law enforcement that could be used to fight the charges against you.

Building a Strong Defense After a Drug Offense Arrest

If you’ve been arrested for a drug crime, an experienced attorney can help protect your rights and build an effective defense strategy. Based on the unique facts of your case, your lawyer may be able to:

• Have illegally obtained evidence suppressed
• Challenge the reliability of police testing procedures
• Raise an entrapment defense if you were improperly induced
• Negotiate a plea bargain to reduced charges
• Take your case to trial and fight for an acquittal

But to mount a strong defense, it’s crucial to get a knowledgeable drug crime attorney involved as early as possible, ideally right after your arrest. The longer you wait, the harder it may become to uncover favorable evidence and challenge the prosecution’s case.

Get Help After a California Drug Offense Arrest

Being arrested for a drug crime is a frightening experience, but you don’t have to face the legal system alone. If you or a loved one has been arrested for a drug offense in California, contact The Nieves Law Firm today for a confidential consultation.

Our skilled drug crime attorneys know how to spot flaws in the prosecution’s case and build smart defense strategies. We are committed to protecting your rights and fighting for your future. Call now to discuss your case and learn how we can help.