Drug Charges Lawyer in Alhambra, CA. Drug crimes in Alhambra, CA, come in many forms. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These laws cover substances from cannabis to heroin. Regardless of the type of substance or specific law you're accused of breaking, on your own, you're staring down massive punishments if convicted.
Don't let these accusations derail your life. You need Alhambra, CA's premier criminal defense attorney on your side. You need the Law Offices of David S. Chesley.
Our local Alhambra drug charges lawyers know the ins and outs of California drug laws. We will research the statute in detail, identify weaknesses in the prosecution's case, and stand by you in front of the judge and jury if your case reaches a trial. To begin building your defense, reach out to our team at (800) 755-5174 or ask about a free case review online right away.
Alhambra, CA, Drug Charges Lawyer: Page Summary
On this page, you can read about the importance of having a drug defense lawyer in Alhambra, CA, categories of drug crime allegations in Alhambra, the qualities your attorney should have, effective defense tactics against all sorts of charges, and more.
To focus on a specific topic, you can use the links in the list below to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Alhambra, CA, NOW
- Alhambra, CA, Drug Types and Possible Penalties
- Different Types of Drug Charges in Alhambra, CA
- How Drugs Can Affect DUI Charges in Alhambra
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Need a Drug Charges Lawyer in Alhambra, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Team Will Fight Against
The Importance of a Alhambra, CA, Drug Charges Lawyer
Drug charges in Alhambra, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning there's always a risk of an extended stay in jail.
The first reason you should work with a drug charges lawyer immediately is to explain the charges. A simple possession case takes a different set of skills than a drug trafficking case, and your defense attorney should understand how to fight each.
The second reason to get in touch with a local Alhambra, CA, drug charges lawyer first thing in your case is to protect yourself from mistakes. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. A drug charges defense attorney can stop you from experiencing self-incrimination.
Finally, your drug charges attorney will give you access to expertise and relationships you wouldn't otherwise have. Early intervention prevents the state from getting a lead on you, and we can even move to dismiss charges if we act early enough.
Alhambra, CA, Drug Types and Their Penalties:
When you work with a Alhambra, CA, drug charges lawyer, you want someone who has experience with the type of drug you're facing allegation for. Below, we've listed some of the substances against which we have practice defending related charges.
| Drug Type | Description |
|---|---|
| Prescription Drugs | These include substances like Xanax or Adderall, which aren't supposed to be taken without a doctor's authorization. |
| Ecstacy | A synthetic drug closely related to methamphetamine. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive drug which can cause intense effects Its use can harm the brain, as well as several other organs. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | A class of drugs, including both prescription medications and fully illegal types. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. The state tends to impose harsh penalties in heroin cases. |
| Fentanyl | An extremely dangerous type of opioid — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Penalties vary significantly by substance, how much there was, any prior convictions, and whether the charge is possession, possession-for-sale, or sale/transport. As a general framework:
- Most of the time, if you're only accused of possession and not distributing a drug, the charge will only be a misdemeanor, with a maximum sentence of one year in jail. Different prosecutors may treat some substances in a harsher manner, though.
- Possession for sale, sale, transport, or manufacturing are rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific substance and quantity involved.
- Fentanyl carries additional exposure: Proposition 36 (2024) created a list of drugs, including fentanyl, which can trigger felony enhancement if possessed along with a loaded firearm.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Alhambra, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. While the state used to have laws against its use, in 2016 the state passed Proposition 64, legalizing its recreational use.
Since California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Alhambra, CA, typically center around when and where it is used. For example, driving with an open package of marijuana is illegal, even if you are sober.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- In most cases, it is legal to grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Alhambra, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, we can help. For example, we can demonstrate that you had the legal right to possess marijuana, demonstrate that you did not exceed state limits, and/or make the case that no laws were violated in the handling of the plant.
Drug Charge Categories in Alhambra, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Alhambra, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. Read the sections below to learn more about the different categories of charges and how our criminal defense attorneys can help.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Alhambra, CA. All illegal chemicals can fall under this umbrella, and these charges can apply in any circumstance where you allegedly owned the illegal drugs, even if you didn't have them physically with you at the time.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Alhambra, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can be by your side every step of the way.
Relevant statutes: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine specifically falls under HS 11377. Both are typically charged as misdemeanors, punishable by up to one year in county jail, for defendants without disqualifying prior convictions.
Drug Production/Transport/Distribution Charges
While drug possession and use charges target the buyer, drug production, transportation, and distribution charges target the seller.
- Manufacturing or Producing Controlled Substances
- Cultivation of Marijuana
- Maintaining a Place for Drug Sales/Use
- Drug Trafficking
- Transportation of a Controlled Substance
- Sale of Controlled Substance
- Drug Possession for Sale
A conviction of one of these charges typically means a much longer prison sentence than for simple possession. A positive outcome in these cases is often taking a plea deal for a lesser charge. Your drug crimes defense attorney can help you negotiate a favorable deal.
Relevant statutes: The two main possession for sale charges you will see in Alhambra, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). For these felony charges, each is punishable by two, three, or four years in state prison and fines up to $20,000. Sale and transportation for sale charges are divided in a similar way: HS 11352 (most substances) vs. HS 11379 (methamphetamine). Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. A drug charges laywer who can negotiate your charges down is essential, if you want to become eligible for common diversion programs like PC 1000 or Proposition 36.
Drug Charge Enhancements
California's drug charge enhancement laws can be very different from each other, but one thing connects them together: They don't exist in a vacuum. Before you can be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Alhambra, CA, drug crimes lawyer to defend you in these cases, so that they can fight both the base charge and the enhancement.
Federal Drug Charges
A federal drug charge isn't a 'category' in the same way that the above types of charges are. The distinction is that you're fighting against the federal government instead of the local Alhambra prosecutor.
These can include anything from manufacturing to taking part in a drug conspiracy, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. If you're accused of this, you're up against truly severe penalties, such as a life sentence and substantial fines.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a a leading criminal defense lawyer who has the strength to fight the federal prosecutor. Our office will learn your side of the story, research applicable laws, challenge evidence, and make every effort to secure a favorable result for your case.
The Intersection Between Drug Charges and DUIs in Alhambra, CA
Drug cases often intersect with another type of case in Alhambra, CA: DUIs. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to driving after taking certain medications. One aspect that sets these cases apart is that you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcohol).
When up against this type of charge, you need more than a drug charges lawyer. You also need a leading Alhambra, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI accusations, you only have ten days after an arrest to request a hearing.
Top Alhambra, CA, Drug Charges Lawyer Qualitites
When you are considering your options for a drug charges lawyer in Alhambra, CA, it can be overwhelming trying to decide which one to represent you. Your life may depend on it, after all.
These are the main qualities you want to find in your drug defense attorney:
- Extensive Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships with prosecutors and judges in your local county
- A Track Record of Success versus the prosecution in drug cases
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over 50 years of combined courtroom experience, including working for the district attorney's office. We have a wide reach with relationships across the state of California. And we have a history of delivering positive outcomes for Californians.
You can trust us to always be upfront with your case, and you can talk to us 24/7 if something new develops.
Possible Defense Tactics Against Drug Charges
Your charges might be the same as someone else's, but your case is unique. No two cases in Alhambra, CA, are identical, and you should have a unique defense plan to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some of the possible strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: By getting evidence thrown out, the case against you can be weakened.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- Not Your Drugs: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In rare cases, if an undercover law enforcement agent coerced you into breaking a drug law, you can be found innocent of the criminal charges.
- Prescription: Some substances are illegal to possess without a valid prescription, but if you have one, that can excuse you from these charges.
- Plea Negotiations: Not every case can result in a "not guilty" verdict, but there are occasions where a plea deal can lessen the impact of a conviction.
If you need a drug crimes defense attorney in Alhambra, CA, contact one of our lawyers for immediate help.
Alhambra, CA, Drug Charge Diversion Options:
Alhambra has diversion and treatment options available — be sure to ask your Alhambra, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must meet legal guidelines. Here are a couple of programs that might apply in your case:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is often a very helpful, positive outcome for individuals accused of simple possession. The program typically includes drug education classes, requirements to stay sober, and regular drug testing. If you go through the PC 1000 program and complete it without any issues, your original charges are dismissed, keeping a criminal conviction off of your record. This protects you from many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36 is another diversion program, designed to help people accused of repeat drug offenses. It was passed in 2024, and is distinct from a previous version of Proposition 36 passed in 2000. It takes a different approach than a typical diversion program.
Under the 2024 version, To qualify, an individual must have at least two prior drug convictions on their record. If so, the new charge can be handled as a "treatment-mandated felony," rather than a misdemeanor as originally charged.
Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); you can opt to refuse treatment, but you'll be up against the underlying felony charge, including up to three years in custody. 2024's Proposition 36 also heightened potential drug crime sentences, depending on the quantity and type of substance, and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Alhambra, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, help you decide what route to take, and stand by your side no matter which route you take.
Drug Convictions' Impact on Immigration Status
If you are a lawful permanent resident or are in Alhambra, CA, on a work visa, you might have to defend yourself against removal as well as criminal charges — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
Most drug charge convictions are grounds for deportation, but there is one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This applies to lawful permanent residents ("green card" holders) as well as visa holders, and it applies even if you weren't given jail time on your conviction.
Important factors to be aware of:
- Simple possession for personal use (for most substances) is ordinarilly grounds for deportation, but is not automatically classified as an "aggravated felony" — meaning that you likely won't lose access to certain modes of immigration relief.
- Possession for sale, sale, or trafficking convictions are not treated as lightly. They are typically classified as aggravated felonies, which can trigger mandatory deportation and create barriers to appeals efforts.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is supposed to tell you about these immigration consequences before you make a plea. Our firm works hard to find outcomes — such as a plea to a non-drug offense, or a disposition that doesn't include specific "aggravated felony" language — that defends your legal status in the country, as well as your criminal record.
Because the conviction, regardless of the sentence, has such a big immigration impact, it's important to avoid mistakes from the very start of your case. If you are a non-citizen facing any drug case, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Allegation Defense Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
Even if there isn't a criminal conviction, a background check can still show your arrest. If you were able to take advantage of a diversion program like PC 1000 or Proposition 36, you may be eligible to have the arrest sealed or the record cleared — your drug charges defense lawyer can help you navigate these options.
Do I have to talk to police if I'm caught with drugs?
No. You are not required to answer any self-incriminating questions during an interrogation. Politely decline to answer questions beyond identifying yourself, and ask for a lawyer immediately — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Alhambra, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though this can be affected based on the charge you were convicted of, and any previous convictions. This isn't as definitive of an answer in regards to immigration, though: The federal government will still be able to see the conviction, which is why green card and visa holders need to work with an experienced drug crimes attorney who also practices immigration law.
What's the difference between PC 1000 and Proposition 36 diversion?
The main difference is in who can apply to each program: For PC 1000, first-time, low-level possession alleged offenders can get the charges dropped through a treatment and drug testing program. The 2024 version of Proposition 36 functions differently: It allows what ordinarily would be charged as misdemeanors to now be charged as felonies, if you have prior drug convictions on your record. However, it also allows for a court-mandated treatment program, completion of which results in the dismissal of felony charges. To learn more about how to explore these paths, speak to an attorney today.
If I don't have a record, will my drug possession charge be a felony in Alhambra, CA?
It's rare for first-time possession cases to be charged as a felony in Alhambra, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in Alhambra, though: More serious allegations like selling drugs are normally treated as a felony regardless of whether this is your first time being charged or not.
Talk to a Drug Charges Defense Lawyer in Alhambra, CA, Today
You need help from experts in defending against drug charges Your freedom is important, and it depends on picking the right defense attorney. Our team is ready to stand by your side.
The Alhambra, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have former prosecutors on our team who know how the state builds its case. We will always be honest with you and will fight for the best outcome possible.
Our firm can also assist you with the following legal services in Alhambra, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Alhambra drug charges defense lawyer now at (800) 755-5174 or reach out online for a free review of your charges.
Every Drug Charge Our Lawyers Defend Against:
- Bringing Drugs into a Jail or Prison
- Cocaine
- Cultivation of Marijuana
- Drug Crimes with Firearm Enhancements
- Drug Diversion Programs
- Drug-Free School Zone Violations
- Drug Possession for Sale
- Drug Trafficking
- Ecstasy
- Federal Drug Charges
- Fentanyl
- Fentanyl-Specific Enhancements
- Hard Drug Possession
- Heroin
- Illegal Search and Seizure Defense in Drug Cases
- Maintaining a Place for Drug Sales/Use (HS 11366)
- Manufacturing or Producing Controlled Substances
- Marijuana
- Marijuana Charges
- Methamphetamine
- Opioids
- PC 1000 Drug Diversion
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Prescription Drugs
- Proposition 36
- Sale of Controlled Substance
- Transportation of a Controlled Substance
- Under the Influence of a Controlled Substance (HS 11350)
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