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How To Get Drug Possession Charges Dropped In California


Facing a conviction for drug possession in California can lead to severe, long-lasting consequences, such as difficulties in securing employment, housing, and educational financial assistance. If you find yourself in this situation, it’s crucial to thoroughly investigate your legal avenues. In certain instances, it may be possible to have your drug possession charges dismissed.

The specifics of each case will dictate the most effective legal approach to take. An experienced criminal defense lawyer like Cyrus Tabibnia can scrutinize your case to ascertain if there’s a possibility for your charges to be dismissed or dropped. To explore your options for dismissing drug possession charges in California, reach out to the Tabibnia Law Firm.

Can Drug Charges Be Dismissed in California?

It depends ! A knowledgeable California criminal defense attorney can assess your case’s particulars to see if there are valid reasons for dismissing your drug charges. However, this isn’t guaranteed. To have your drug charges dismissed, you and your legal counsel must establish that one or more of the following conditions apply to your situation.

Lack of Probable Cause

Probable cause serves as the foundation of any criminal case. Lacking this, any evidence collected could be deemed inadmissible in court. The officer making the arrest must show adequate reason to suspect you of a crime before initiating a stop, search, or arrest. The concept of probable cause is subjective, requiring the court to weigh the specific circumstances surrounding the arrest.


In some situations, the arresting officer may genuinely think they had probable cause, but the court may see it differently. Cyrus Tabibnia, an experienced drug charge defense attorney, can delve into your arrest details to see if insufficient probable cause could lead to your charges being dismissed.

Evidence of Lawful Possession

If you were arrested for having prescription medications without evidence of a prescription, furnishing such proof could lead to charge dismissal. Similarly, if you were transporting a prescription for someone else and got arrested, proving lawful possession could result in charge dismissal.

Violations of Constitutional Rights

In the United States, anyone arrested on suspicion of criminal activity is afforded constitutional protections. If these rights were violated during your arrest, your charges might be dismissed.

Common instances of constitutional rights infringements during drug possession arrests include:

  • Failure of the arresting officer to recite the Miranda rights to the accused.
  • The accused was not informed that their statements could be used against them in a court of law.
  • Denial of the accused’s right to legal representation during questioning.
  • Questioning the accused without their lawyer present, after one has been retained.

Unreasonable Searches & Seizures and Motion to Suppress Evidence

As a defense lawyer can review your case to determine if the evidence against you was obtained through an illegal search or stop. For instance, if racial profiling rather than probable cause was the basis for your stop, the charges could be dismissed by a judge.

Other Legal Options

If dismissing your drug possession charges isn’t feasible, other avenues may help minimize your penalties.


Drug Diversion Program

California’s Drug Diversion Program, also known as pretrial diversion or PC 1000, allows those charged with minor drug offenses to opt for drug abuse treatment and education instead of incarceration. Most drug possession charges qualify for this program. Successful completion results in charge dismissal and no criminal record.

Eligibility criteria for pretrial diversion in California include:

  • Charges must be for personal use possession.
  • No convictions for other ineligible controlled substance offenses within the past five years.
  • No involvement of violence or violent threats.

Plea Bargains

Entering a drug diversion program usually requires a guilty plea. Additionally, plea agreements can be employed to reduce drug charges. For example, the prosecutor might agree to downgrade a felony drug charge to a misdemeanor in exchange for a guilty plea.

Consequences If Convicted of Drug Possession in California

In California, being found guilty of drug possession can have far-reaching implications that go beyond just legal penalties. Your freedom could be at stake, along with your reputation and future prospects. The severity of the consequences varies depending on several factors, such as the kind of drug involved, whether you actually had it in your possession, the quantity, and the specific circumstances of the case.

If you’re charged with a felony crime for possessing hard drugs like cocaine, heroin, or methamphetamine, you could be looking at a long stint in prison, hefty fines, and a criminal record that will follow you for life.

But the repercussions don’t end there. A criminal record can make it challenging to find a job, secure housing, or even pursue educational opportunities. So, it’s not just about the immediate legal consequences; it’s about how this could affect your entire life trajectory. Understanding the drug offender registry in California is essential if you have been convicted of certain drug offenses.  


Can Drug Convictions Be Expunged in California?

In California, both misdemeanor and felony drug possession convictions can be expunged under the Clean Your Record program, provided you meet certain conditions:

  • Completion of probation and all court-mandated requirements.
  • No state prison sentence for the conviction, or
  • If state prison time was served, you would have been sentenced to county jail under Proposition 47

Furthermore, if you were convicted for a cannabis-related offense before its legalization in California, the California Department of Justice will review and seal your record.

Need Legal Help? Call Tabibnia Law Firm

Whether you are facing misdemeanor crimes or felony drug possession charges, it may be helpful to enlist the support and guidance of an experienced drug crime defense lawyer who can help you protect your rights. A lawyer will assess every aspect of your legal situation to identify possible reasons for having the charges dismissed against you . If it turns out that your charges cannot be dropped, the attorney can navigate you through the complexities of the judicial process.

Our experienced drug possession lawyer Cyrus Tabibnia is dedicated to helping his clients fight the charges they face. His representation begins from the time of the arrest and may continue throughout the justice process and into appeals, if necessary. For more information about how to get drug possession charges dropped or any other criminal law matter, contact him today for a free consultation. Call (866) 713-2159

Tabibnia Law Firm is serving its clients throughout Southern California including Santa Monica, Los Angeles, Orange County, Beverly Hills, San Fernando Valley, Ventura county, Riverside County, Sherman Oaks, Encino, Pasadena, Burbank, Glendale, Long Beach, Palmdale, Santa Clarita, Monterey Park, La Puente, Van Nuys, Pomona, Manhattan Beach, West Covina, Whittier, Downey, Woodland Hills, Norwalk, Torrance, Redondo Beach, San Bernardino, Walnut Creek, Inglewood, Lancaster, Westlake Village and nearby areas.

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

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    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
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    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
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    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
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    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
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