What to do after a drug arrest
Do not explain whose it is
You can say, "I am going to remain silent. I want a lawyer." Statements like "it's my friend's" or "I only use sometimes" can later be used as evidence.
Do not consent to a search, but do not resist
If police want to search your car or home, you can say "I do not consent to a search." Do not physically interfere. Your lawyer can challenge the search later.
Do not rush to plead
The prosecutor may offer a plea at the first hearing. Drug convictions carry serious immigration consequences, so let a lawyer check for diversion first.
Asked about drug use by immigration officers? Talk to a lawyer first.
If you are asked about drug or cannabis use at a visa interview, at the border, or in an immigration interview, talk to a lawyer before answering. Do not lie, and do not answer unprepared.
Note your court date
Your release paperwork lists the court date and courthouse. Missing court can lead to a bench warrant.
Common charges and what can happen
This is the general picture. The outcome depends on the drug and amount, the evidence, any prior record, and the court, and is not a prediction for your case.
Possession: HS 11350 / 11377
Possessing heroin, cocaine, methamphetamine, or a controlled prescription drug without a prescription is generally a misdemeanor. With two or more prior drug convictions, Proposition 36 (2024) allows a felony charge.
Possession for sale: HS 11351 / 11378
Large amounts, packaging, scales, or a lot of cash can lead the prosecutor to charge possession for sale, a felony with much heavier consequences.
Cannabis cultivation: HS 11358
Adults 21 and over may grow up to six plants at home. Growing more is generally a misdemeanor, but certain prior convictions or environmental violations such as illegal water diversion can make it a felony.
Legal cannabis is not risk-free
Selling cannabis without a license is still illegal. Cannabis remains illegal under federal law, and immigration authorities apply federal law.
Diversion and treatment programs
Simple possession cases can sometimes go to pretrial diversion or a treatment program and be dismissed on completion. Eligibility depends on the case, any prior record, and the court.
If convicted
Possible fines, probation, a drug program or jail, and a criminal record. Possession for sale carries heavier penalties.
How we help
Drug cases often turn on whether the search was lawful and how the evidence was obtained.
- Challenge the search：Was there a lawful reason for the stop or search? Was there a warrant? Was any consent truly voluntary? If the search was unlawful, we can move to suppress the evidence.
- Review the evidence and lab results：Was it yours, and did you know it was there? Are the lab results and amounts accurate? This matters most when other people were in the car or home.
- Pursue diversion：We check whether you qualify for pretrial diversion or a treatment program, favoring options that do not require a guilty plea. Whether that is possible depends on the case, and we do not promise results.
- Appear in court for you：In most misdemeanor cases your lawyer can appear for you under Penal Code 977. In felony cases, or when the court orders it, you attend in person with your lawyer.
- Immigration review：For non-citizens, you can have one of Lingtu's immigration lawyers assess how each possible outcome would affect your status before any plea.
How a drug case can affect immigration status
Almost any drug conviction is serious
For non-citizens, nearly any drug-related conviction can affect admission, green cards, and naturalization, and can lead to removal. The exceptions are narrow, such as a single offense of possessing 30 grams or less of marijuana for personal use.
A conviction is not always required
Admitting drug use to an immigration officer, or facts that give immigration authorities reason to believe you were involved in trafficking, can affect status even without a conviction.
Cannabis counts
Immigration authorities treat cannabis under federal law. Even legal use in California, or working in the legal cannabis industry, can lead to a finding of no good moral character when you apply to naturalize.
Choose the right kind of diversion
Diversion that does not require a guilty plea generally is not a conviction for immigration purposes. Programs that require a plea first may still count.
Check the immigration impact before any plea
See immigration consequences of criminal cases for more.
Related matters
These examples are adapted from similar matters handled by our firm and other firms. Names, dates, places and amounts have been changed, and the outcomes are illustrative only.
Prescription Pills and Cash Found in a Car Led to an Intent-to-Sell Charge. Showing the Cash Was Rent Reduced the Charge to Possession, and the Case Was Dismissed After One Year of Diversion
Charge reduced to possession · Dismissed after one year of diversion
A Green Card Holder Almost Took a Minor Plea Over Pills Found in His Car. Diversion Avoided the Plea, and the Case Was Dismissed After One Year
Declined plea terms · Dismissed after diversion
Fees for criminal cases
Free first consultation
Tell us what happened and what paperwork you have. We will tell you how serious the charge is and what needs to happen next.
Flat fee, explained before you sign
Criminal matters are handled for a flat fee. What it covers, and what is billed separately, is written into the engagement agreement before you sign.
Court and third-party costs are separate
Court fines, class fees, and DMV fees are charged by the court or other agencies, not by us. We tell you about them in advance.
- Under the California Rules of Professional Conduct, a lawyer may not charge a fee in a criminal case that depends on the outcome.
- We do not promise any particular result. Every case turns on its own facts and evidence, and past results do not guarantee future outcomes.
Drug crimes FAQ
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
