Being arrested for a drug-related offense can be a confusing and intimidating experience. However, understanding your rights during a drug crime arrest in California is crucial to protecting yourself and ensuring that law enforcement follows proper procedures. This guide will outline your rights during an arrest, what to expect in the legal process, and how an experienced defense attorney like Gregory H. Comings can help safeguard your future.

Your Rights During a Drug Crime Arrest

In California, the Constitution provides specific protections for individuals accused of crimes. Knowing these rights can help prevent unlawful treatment and strengthen your defense.

1. The Right to Remain Silent

Under the Fifth Amendment, you are not required to answer questions or provide information that could incriminate you. It’s often best to politely decline to answer questions until you have a lawyer present. For instance, you can say, I am exercising my right to remain silent and would like to speak with my drug crime attorney.

2. Protection Against Unlawful Search and Seizure

The Fourth Amendment protects you from searches and seizures lacking probable cause or a valid warrant. If law enforcement searches your property or seizes evidence without proper authorization, that evidence may be deemed inadmissible in court. For example, if law enforcement finds drugs in your vehicle after an unlawful search, a skilled defense attorney can challenge the admissibility of that evidence.

3. The Right to Legal Counsel

You have the right to legal representation throughout the arrest and legal process. Having an attorney like Gregory H. Comings present during questioning ensures that your rights are protected and that law enforcement does not overstep legal boundaries.

4. Protection Against Coercion

Police cannot use physical or psychological coercion to obtain a confession. If you feel pressured or threatened, it can be critical to remain silent and report these actions to your attorney. The police are allowed to lie to you, but they cannot exert undue influence through coercion. Either way, their tactics are designed to get you to incriminate yourself. Therefore, it is important to have your attorney present during questioning. 

Common Legal Defenses in Drug Crime Cases

Defending against a drug crime charge requires a strategic approach tailored to the specifics of your case. The following are common legal defenses used in California:

  • Challenging the legality of the search. You can suppress evidence obtained if the search leading to your arrest violated your Fourth Amendment rights.
  • Questioning possession. Possession charges often require proof that the defendant knowingly possessed the drugs. The charges may not hold up in court if this cannot be established.
  • Demonstrating entrapment. You could have a valid defense if law enforcement induced you to commit a crime you would not have otherwise committed.
  • Substance misidentification. In some cases, substances seized may not be controlled substances. A lab analysis could prove that the evidence is not what the prosecution claims.
  • Medical or legal prescription. For certain drugs, possession or use might be lawful if you have a valid prescription.

Multiple defenses are also possible. Your attorney will assess your case and advise you of the best defense to the charges. 

What to Expect After a Drug Crime Arrest

While each situation is unique, you can expect three general steps after a drug crime arrest: 

  • Booking. After your arrest, law enforcement will take you into custody and book you. They will take your photo and your fingerprints.
  • Arraignment. During arraignment, you will formally hear the charges against you and enter a plea.
  • Pretrial motions. Your attorney may file motions to suppress evidence, dismiss charges, or negotiate plea deals.
  • Trial or plea bargain. If the case goes to trial, your attorney will present evidence and argue your defense. Alternatively, they may negotiate a plea deal for reduced charges or sentencing.

Remember, from the moment of your arrest, a lot can happen, and drug crime cases are often complex. Having an attorney with a successful track record of defending individuals accused of drug crimes can make a big difference in your freedom and financial security.

Why Choose Gregory H. Comings for Your Defense?

Our extensive knowledge of state and federal drug laws and strong relationships with judges and prosecutors in Riverside and San Bernardino make The Law Office of Gregory H. Comings a trusted advocate for your defense. We provide the following for each client:

  • Personalized defense strategy—each case is unique, and we tailor our approach to align with the facts of your situation;
  • Proven trial experience—with thousands of felony cases handled, we are prepared to take your case to trial if necessary; and
  • Compassionate support—facing criminal charges is stressful, but we provide honest, straightforward guidance to help you navigate the process.

We will always take the time to listen to your story and determine the best defense to the charges.

Take Action to Protect Your Rights

A drug crime arrest doesn’t have to define your future. By understanding your rights and working with a knowledgeable attorney, you can build a strong defense and secure the best possible outcome.

Contact Comings Law today for a free consultation. With over 21 years of experience defending clients accused of drug-related offenses in California, we will ensure that your rights are upheld and your voice is heard in court.