Drug Charges Lawyer in Anaheim, CA. There are a wide variety of drug laws you can be charged with breaking in Anaheim, CA. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These statutes regulate substances from prescription medications to fentanyl. 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.
Get help before it's too late. You need Anaheim, CA's premier criminal defense attorney in your corner. You need the Law Offices of David S. Chesley.
Our local Anaheim drug charges lawyers are avaialble 24/7 to help you. We will listen to you explain your side of the story, discuss defense tactics, and fight for the best deal or other outcome in your case. To begin fighting the charges, contact us at (800) 755-5174 or set up a free, confidential consultation now.
Anaheim, CA, Drug Charges Lawyer: Page Summary
In this article, you can read about what a Anaheim, CA, drug charges attorney can do to defend you, different types of charges you might face, the qualities your attorney should have, strategies we may use in your case, and more.
If you want to read about a particular topic, you can use the links in the list below to navigate to a specific topic and learn more:
- The Importance of Working With a Drug Charges Lawyer in Anaheim, CA
- Common Drug Types and Their Penalties
- Categories of Drug Charges in Anaheim, CA
- How Drugs Can Affect DUI Charges in Anaheim
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Anaheim, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Firm Will Fight Against
Don't Waste Time: Contact a Anaheim, CA, Drug Charges Lawyer RIGHT AWAY
If you've been accused of a drug crime in Anaheim, CA, it's a big deal, no matter what. The same action can be interpreted by the state in multiple ways, meaning you're risking years in prison.
The first reason you should work with a drug charges lawyer without hesitation is to help you understand the charges. A simple possession case takes a different set of skills than a possession-for-sale case, and your drug defense attorney needs to know how to defend each.
The second reason to contact a local Anaheim, CA, drug charges lawyer first thing in your case is to protect yourself from mistakes. If you say something incorrect in an interrogation, the charges could be elevated and the state's case strengthened. Your lawyer can stop you from experiencing self-incrimination.
Additionally, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Acting fast lets us build a defense before the prosecution has completed its case, and can even give you a better chance of having the court dismiss charges if we act early enough.
Common Drug Types in Anaheim, CA, Legal Cases:
When deciding on a Anaheim, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. In the following section, we've outlined some of the most common substances that are the center of illegal drug cases in the state.
| 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 man-made psychoactive drug. A stimulant often used at parties. |
| Cocaine | A highly addictive drug which can cause intense effects Long term use can dampen the brain's reward pathway. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | A class of drugs, including both natural and synthetic types. These include morphine, oxycodone, and heroin. |
| Heroin | A very addictive substance, and one of the most dangerous opioids. Courts and prosecutors often treat heroin charges harshly. |
| 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. |
Sentences vary significantly based on substance, how much there was, prior record, and the type of charge. As a general framework:
- Simple possession of most controlled substances is typically charged as a misdemeanor, punishable by up to one year in county jail, though certain substances and circumstances can elevate this.
- 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 amount 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
There's no simple method to tell what kind of sentence you're facing based on your charges. Our drug defense attorneys can help — call our office for a free case review and we'll help you find a strategy to minimize negative consequences.
Marijuana in Anaheim, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, legalizing its recreational use.
Because it has been legalized for recreational use, marijuana (AKA cannabis) cases in Anaheim, CA, frequently have more to do with how it was used, rather than just that it was used. For example, driving with an open package of marijuana is illegal, even if you are sober.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- In most cases, it is legal to grow up to six marijuana plants for recreational purposes
- Still illegal to use or possess under federal law.
How Your Anaheim, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer can help. For example, we can argue that you were permitted to have cannabis, argue that you remained within legal limitations, and/or show that it was properly handled at all times.
Drug Charge Categories in Anaheim, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Anaheim, CA. We help defendants fight against all kinds of drug crime allegations. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in Anaheim, CA. These can be charged for any illegal substance and these charges can apply regardless of where the drugs were physically at, as long as you controlled them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Anaheim, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can protect your freedom through diversionary programs, if applicable.
Relevant statutes: If you're accused of simple possession of a hard drug, you're liking facing charges for allegedly violating Health and Safety Code 11350, while possession of methamphetamine has its own specific statute in 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
Drug dealing allegations are treated much differently than drug possession. They are often given harsher sentences for allegedly making, transporting, and/or selling the substance.
- 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
These charges are almost always treated more harshly than possession/use charges. A drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. When charged as a felony, 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). If convicted, you are looking at an even harsher sentence — 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 cover a variety of situations, but one thing connects them together: They don't stand on their own. In order to be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Anaheim, 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 could fall into any of the three categories above. The distinction is that you're fighting against the federal government instead of the local Anaheim 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, up to and including life imprisonment 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 seasoned criminal defense lawyer with the resources to fight the federal prosecutor. Our team of attorneys will protect your rights, develop a strong defense strategy, review evidence, and do whatever we can to secure a favorable result for your case.
DUIs and Drug Charges Defense in Anaheim, CA
Drug cases often intersect with another type of case in Anaheim, CA: DUIs. Drug DUI defense cases can include a several situations, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. Legal regulations often make these charges more serious than typical DUIs. For example, you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When accused of drug DUI charges, you don't just need a drug charges lawyer. You also need a leading Anaheim, CA, DUI defense lawyer who will fight your case both in criminal court and at the DMV hearing. But you need to act fast — for most DUI cases, you need to request a hearing within ten days of your arrest.
Top Anaheim, CA, Drug Charges Lawyer Qualitites
If you're looking for a drug charges lawyer in Anaheim, CA, it can be a challenge trying to decide who will best represent you. Your life may depend on it, after all.
Here are the top factors you want to see in your drug allegations defense attorney:
- Prior Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your local county
- A Reputation of Delivering Positive Outcomes when fighting drug charges for clients
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over 50 years of combined legal experience, including as both prosecutors and defense attorneys. We have a wide reach with relationships across the state of California. And we have delivered positive results for Californians.
We don't make false promises about your case, and you can talk to us 24/7 if you have any questions or concerns.
Powerful Drug Crime Accusation Defenses
Your charges might be the same as someone else's, but your case is unique. No two cases in Anaheim, CA, are identical, and you should have a unique defense strategy to match.
Our attorneys treat every client as an individual. Below are some powerful 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: In some cases, you can't be convicted if you broke the law on accident. For example, if police found illegal drugs in your car, but they weren't yours, and you weren't aware of them, you didn't transport them, legally speaking.
- Not Your Drugs: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In rare cases, if an undercover officer coerced you into violating the law, you cannot be held liable for doing so.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you've been accused of a drug crime in Anaheim, CA, call our firm for immediate help.
Anaheim, CA, Drug Charge Diversion Options:
Anaheim has diversion and treatment options available — be sure to ask your Anaheim, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. These are some of the :
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is a very desirable outcome for many people facing drug charges. The program typically includes drug education classes, sobriety requirements, 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 prevents you from going through 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 works differently than a traditional diversion program.
Under the current law, 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, you avoid a conviction; 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 increased potential penalties for large quantities of certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Anaheim, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
How a Drug Conviction in Anaheim, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Anaheim, CA, on a work visa, a drug conviction can be far more damaging than the criminal penalty alone — 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 simple possession charge with 30 grams or less of marijuana (not for distribution). This can affect 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (other than certain rare 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 become a long-lasting problem if you apply to enter the United States again.
- 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. We will fight for an outcome — such as a plea deal to another, non-drug charge, or a disposition that doesn't include specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because immigration consequences are triggered by conviction, not just sentence, it's important to avoid mistakes from the very start of your case. If you are a lawful permanent resident or visa holder fighting a drug charge, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Charge Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
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 able to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
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 an attorney immediately — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Anaheim, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, 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 support from a lawyer who can handle both criminal and immigration defense.
What's the difference between PC 1000 and Proposition 36 diversion?
First-time, simple possession offenses can take advantage of PC 1000. This requires participation in an education program and regular drug testing, but can result in the dismissal of all charges. The 2024 version of Proposition 36 applies to repeat offenders facing a treatment-mandated felony and requires completing a court-supervised treatment program to avoid the felony consequences. 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 Anaheim, CA?
For most first-time possession cases in Anaheim, CA, you'll only face a misdemeanor charge. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Talk to a Drug Charges Defense Lawyer in Anaheim, CA, Today
This isn't a time to settle for "good enough." Your future matters, and it depends on working with the right attorney. We are ready to take your case.
The Anaheim, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We have relationships in courts across California. We explore every avenue to find the right path forward for our clients.
We also aid with the following legal services in Anaheim, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Anaheim drug defense attorney now at (800) 755-5174 or use our online contact form to set up a confidential case evaluation.
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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