Caught with Drugs in the Car?

LOS ANGELES DRUG CRIMES LAWYER

If you have been arrested and charged with a crime after being caught by police with drugs in the car, this article will explain some of the issues surrounding your charges, defenses and various approaches to your criminal case.  For a more in depth analysis of drug crimes generally, please visit our drug crimes page.  For serious drug offenses including sales and transportation for sales, consult out serious drug crimes lawyer page.

Vehicle stops are one of the most common source of narcotics arrests.  Drivers may be followed by law enforcement, who actually see narcotics transactions take place, officers may suspect drug activity based on the vehicle leaving a location known to the officers to be associated with narcotics, or the stop may be unrelated to drugs at all.  Depending on the sequence of your traffic stop, search and arrest, there may be motions that can lead to exclusion of the evidence against you, and ultimately a dismissal of your charges.

HOW YOUR LAWYER CAN CHALLENGE A BAD STOP
Often, police use impermissible reasons to initiate a traffic stop.  To an officer, seeing a bald Latino male driving a beat up car through a rough neighborhood might arouse suspicions.  And after initiating the stop, it may turn out that the officer was correct in his suspicions that the vehicle contains drugs or guns.  Still, it is necessary that the officer can justify the stop by pointing to specific facts that led the officer to believe that some criminal activity is occurring.  Most commonly, these will be alleged vehicle code violations, like speeding, unsafe lane change, running a stop sign or traffic light, etc.  If you are pulled over without having committed a traffic stop and your tags were in order, you may have a strong motion to suppress the evidence that resulted from the bad stop.  Your Los Angeles Criminal Defense Attorney must have a strong grasp of the Vehicle Code, Penal Code and relevant case law.  If you have been pulled over and arrested with drugs, weapons or other contraband in your vehicle, contact the Law Offices of Nicholas Loncar now for a free consultation with a drug crimes lawyer.  You may be entitled to suppression of the evidence against you and a dismissal of your possession or possession for sales charges.  They may be in-car video from the police car, surveillance video from nearby businesses or witnesses who can testify to the driving they observed prior to your stop.  If any of these contradict the officer's testimony, you have a strong chance to get the

HOW YOUR ATTORNEY CAN CHALLENGE AN UNLAWFUL SEARCH
Just because an officer has reason to pull you over (speeding, expired tags, etc.) does not justify a search of your vehicle.  Police do have some discretionary authority to secure the area and maintain their own safety during a traffic stop.  Additionally, anything an officer sees in plain view during a lawful traffic stop can most likely be used against you.  After a traffic stop, an officer needs either probable cause or consent to conduct a true search of your vehicle.  It is important never to consent to searches, and to make it clear to the officers that you do not consent to a search.  Consenting to a search waives your important constitutional rights and makes challenging the search very difficult for your attorney.  If you do not consent, and the officer proceeds to search anyway, then the officer will need to be able to show the court that there was probable cause to search.  A skilled LA Criminal Defense Attorney can help to challenge the officer's testimony, point out weaknesses and inconsistencies and argue to the court that the search violated your rights.  Again, video can be helpful in these cases, but ultimately the burden to prove probable cause for the search is on the government.

MEDICAL MARIJUANA DEFENSES
Being a medical marijuana patient in California offers significant protection against arrest and/or criminal charges relating to the possession of marijuana or concentrated cannabis.  Marijuana crimes are often discovered during traffic stops due to the strong odor of the plant.  It may be more difficult to discretely possess or transport marijuana due to that smell.  With the large number of medical marijuana patients in California (particularly in Los Angeles), the odor of marijuana does not necessarily give an officer probable cause to conduct a search.  Additionally, even if they find something, it might not be illegal due to your status as a medical marijuana patient.  Even if caught with large quantities of marijuana, medical defenses may still apply.  Consult with an attorney who understands this emerging area of the law and who can effectively assert your rights and defenses and protect you from unjust prosecution. 

POSSESSION FOR PERSONAL USE VERSUS POSSESSION FOR SALE
Sometimes the quantity, packaging and other facts related to drug possession will lead law enforcement and prosecutors to charge someone with possession for sales or transportation for sales.  Police frequently jump to conclusions, often without much evidence to support their sales conclusion.  Scales, large quantities, money and individual packaging are all certainly relevant to a determination of whether drugs are possessed for sale or personal use, but none of these factors are dispositive.  Typically, drugs are cheaper when purchased in bulk, scales and individual packaging can help buyers/users to avoid being ripped off.  Additionally, the presence of user paraphernalia like pipes or needles can help to establish that the drugs are actually for personal use.

LACK OF KNOWLEDGE DEFENSE
Drug possession must be knowing and intelligent.  Knowing possession can be imputed from the circumstances even without an admission.  Still, it is very important not to make ANY statements to law enforcement, especially those acknowledging guilt or knowledge of criminal activity.  If drugs are found out of sight in a vehicle, it may be possible to assert a lack of knowledge defense.  Visibility and proximity, as well as ownership and occupation of the vehicle will be factors in determining knowledge.  Additionally, a smell/lack of smell can help to determine knowledge. 

MULTIPLE OCCUPANTS OF A VEHICLE
Multiple people can be charged with possession of the same items.  If drugs are found in a car with multiple occupants, the police may charge one, some or all of the occupants of the vehicle.  The facts that will help the officers to establish knowledge include: location of the drugs relative to the driver/passenger(s), statements of occupants, movements observed prior to the traffic stop, and more.

OUR OFFICE HANDLES SERIOUS DRUG CASES THROUGHOUT LOS ANGELES COUNTY.  IF YOU HAVE BEEN ARRESTED OR CHARGED WITH A CRIME IN LOS ANGELES, HOLLYWOOD, WEST LA, SANTA MONICA, BEVERLY HILLS, CULVER CITY, SOUTH LA, MID CITY, KOREATOWN, COMPTON, INGLEWOOD, TORRANCE, LONG BEACH, VAN NUYS, BURBANK, SHERMAN OAKS, STUDIO CITY, NORTH HOLLYWOOD, SAN FERNANDO, GLENDALE, VALLEY VILLAGE, VALLEY GLEN, ENCINO, TARZANA, PASADENA, THE SAN GABRIEL VALLEY OR ANYWHERE ELSE IN LOS ANGELES COUNTY, CONTACT OUR OFFICE TO SEE HOW WE CAN HELP YOU AVOID JAIL OR PRISON AND AVOID A CONVICTION. 

If you or a loved one has been arrested and/or charged with a drug offense in Los Angeles, it is important to have a skilled, passionate, knowledgeable criminal defense lawyer on your side to fight the allegations and assert your important Constitutional rights.  Call now for a free consultation.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule