Can I Be Arrested for Drug Crimes Without Real Evidence Against Me?

 Posted on September 25, 2025 in Criminal Defense

Being accused of committing a drug crime can turn your life upside down, especially if you believe the police do not really have proof that you did anything wrong. Many people worry that they can get arrested just because a police officer is suspicious. 

Knowing what counts as evidence and what your rights are is important for defending yourself when you are facing criminal charges. If this has happened to you, speak with a San Jose, CA criminal defense lawyer right away.

What Is Considered Strong Evidence in a Drug Case?

Evidence is anything the government uses to try to prove you are guilty. In a drug case, this could include:

• Drugs or drug-related items like pipes, scales, or bags that drugs can be stored and sold in

• Statements from police officers, witnesses, or informants

• Videos, photos, or audio recordings

• Lab tests that show what the substance is and how much was found

Not all evidence is reliable. Police must follow the law when searching your home, car, or belongings. If they break those rules, the evidence may not be allowed in court.

Can Police Arrest You for Drug Crimes Without Real Evidence?

In California, police cannot arrest you just because they feel like it. They need "probable cause," which means they must have a reasonable belief, based on facts, that you committed a crime. For example, California Penal Code §836 explains that an officer may arrest someone if they think they have enough information to believe that someone has broken the law.

For example, if an officer claims they saw you holding a bag of white powder, they may try to use that as probable cause. Sadly, some arrests are based on weak or unreliable information. That is why having a lawyer review your case is so important.

How Do Attorneys Challenge Weak Evidence in California Drug Cases?

A defense lawyer looks closely at every detail of the case. They might question how the police found the drugs, whether the search was legal, or if the lab results are trustworthy. Your lawyer might also argue that you did not know about the drugs at all. If the prosecution cannot prove their claims against you with solid evidence, the charges could be reduced or even dropped.

Contact a San Jose, CA Criminal Defense Lawyer

At Fuller Law Firm, we offer free consultations and will review the evidence against you while protecting your rights. Our Santa Clara County, CA criminal defense attorney can explain your options and fight to protect your future. Call us today at 408-234-7563 to schedule a free consultation.