Drug Charges Lawyer in Arcadia, CA. There are a wide variety of drug laws you can be charged with breaking in Arcadia, CA. You could be accused of possessing them, selling them, or making them. These laws cover substances from methamphetamine to heroin. The fallout from a drug crime conviction can turn your world upside down.
You need someone who can guide you to a positive outcome. You need Arcadia, CA's leading criminal defense attorney in your corner. You need the Law Offices of David S. Chesley.
Our local Arcadia drug charges lawyers will be by your side from day one. We will research the statute in detail, identify weaknesses in the prosecution's case, and fight for the best deal or other outcome in your case. To begin building your defense, contact our attorneys at (800) 755-5174 or set up a free, confidential consultation today.
Arcadia, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over what a Arcadia, CA, drug charges attorney can do to defend you, categories of drug crime allegations in Arcadia, the qualities your attorney should have, effective defense tactics against all sorts of charges, and the intersection between drug charges and DUIs in Arcadia.
To focus on a particular topic, click on the appropriate link in the following menu to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Arcadia, CA
- Arcadia, CA, Drug Types and Possible Penalties
- Categories of Drug Charges in Arcadia, CA
- How Drugs Can Affect DUI Charges in Arcadia
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Arcadia, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Arcadia, CA, Today
- All Drug Crime Allegations Our Lawyers Fight Against
Why You Need a Drug Charges Lawyer in Arcadia, CA, NOW
If you've been accused of a drug crime in Arcadia, CA, it's a big deal, no matter what. Two people who committed similar acts can face very different charges, meaning you're risking felony consequences.
The first reason you should work with a drug charges lawyer immediately is to give you an understanding of the accusations. A simple possession case needs a different strategy than a drug manufacturing case, and your drug defense attorney should have strategies to fight against whatever you've been accused of.
The second reason to get in touch with a local Arcadia, CA, drug charges lawyer right away is to protect yourself from mistakes. After a police interview without proper legal representation, what was once just a possession charge could now be a trafficking charge. A drug charges defense attorney can advise what to share and what not to share with the state.
Additionally, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Connecting with a lawyer early prevents the state from getting a lead on you, and in many cases, we can file a motion to dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in Arcadia, CA:
When deciding on a Arcadia, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. Below, we've outlined what types of drugs we most frequently defend charges for in Arcadia, CA.
| 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 | Also known as MDMA, Molly, and E. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant derived from a South American plant Its use can harm the brain, as well as several other organs. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | A category of addictive painkillers. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. Courts and prosecutors often treat heroin charges harshly. |
| Fentanyl | One of the most dangerous forms of opioids — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Potential legal consequences vary significantly based on substance, quantity, your criminal record, and the type of charge. As an overview:
- As long as you are only accused of simple possession, you can typically expect misdemeanor charges. These carry a maximum jail sentence of one year. However, keep in mind misdemeanor charges aren't a guarantee, and prosecutors treat some substances more harshly than others.
- 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 cases are particularly harsh: 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 get an idea of what you're up against.
Marijuana in Arcadia, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because California no longer criminalizes using it, marijuana (AKA cannabis) charges in Arcadia, CA, frequently center around when and where it is used. As an 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
- Typically, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Arcadia, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, your lawyer 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.
Charges a Drug Crimes Defense Lawyer Will Fight in Arcadia, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Arcadia, CA. Whatever charges you are facing, we're ready to defend your innocence. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Arcadia, CA. These can be charged for any illegal substance 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 Arcadia, 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: 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. On top of fighting the charges, your drug defense attorney can help you explore plea deals, if they make sense for your case.
Relevant statutes: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (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. Unlike simple possession, these charges are generally not eligible for PC 1000 or Prop 36 treatment diversion unless your attorney can negotiate the charge down to simple possession.
Drug Charge Enhancements
California's drug charge enhancement laws cover a variety of situations, but they share one common attribute: They don't stand on their own. To be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Arcadia, 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 can come from any category of alleged drug offense. The difference is that the U.S. government is prosecuting you, not just the Arcadia district attorney.
These can include anything from manufacturing to drug smuggling, but normally it will involve large quantities and/or crossing state lines. Sentences are often more severe, up to and including life imprisonment and substantial fines.
It's hard to think of many charges worse to face than this. And you need a a leading criminal defense lawyer with the resources to fight the federal prosecutor. Our team of attorneys will conduct investigations, research applicable laws, dissect the case against you, and make every effort to secure a positive outcome for your case.
The Intersection Between Drug Charges and DUIs in Arcadia, CA
DUIs and drug charges don't always go together in Arcadia, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover a several circumstances, 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 arrested if there is any amount of THC in your system while driving (as opposed to alcoholwhich only has a "zero tolerance" law people who are underage).
When up against drug DUI charges, you need more than a drug charges lawyer. You also need an expert Arcadia, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. But you need to act fast — for most DUI cases, you only have ten days after an arrest to request a hearing.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in Arcadia, CA, it can be a challenge trying to decide who will best represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to find in your drug defense attorney:
- Vast Experience fighting these cases in court
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Reputation of Delivering Victories against the state for these charges
- Availability Anytime in case an emergency occurs and you need help
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over five decades of combined courtroom experience, including former prosecutors. We know judges and attorneys throughout California. And we have delivered many victories for Californians.
You can trust us to always be upfront with your case, and you can call us 24/7 if you have any questions or concerns.
Ways Our Lawyers Defend Against Drug Charges
Whatever law you're accused of breaking, you have your own unique story to tell. Everyone in the Arcadia, CA, criminal courts is there under different circumstances, and you should have a unique defense plan to protect you.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below are some staunch strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: If the police searched you, your vehicle, or your dwelling without either probable cause or a warrant, that evidence can be thrown out.
- 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: You can argue this if you were present in an area while drugs were there, but they were not yours and you weren't using them.
- Entrapment: In some cases, if an undercover officer coerced you into violating the law, you may be exempt from a conviction.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: In some cases, where it's not reasonable for the alleged offender to have the charges dropped entirely, a positive outcome can still be achieved through a plea deal.
If you're facing drug crime charges in Arcadia, CA, and need help, get in touch with our firm for immediate help.
Arcadia, CA, Drug Charge Diversion Options:
Arcadia has diversion and treatment options available — be sure to ask your Arcadia, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. Here are a couple of programs that might apply in your case:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is a very desirable outcome for many people facing drug charges. It generally involves 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 rules, individuals with two or more prior drug convictions can now be charged with a "treatment-mandated felony" for offenses that might otherwise have been charged as misdemeanors. While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, you avoid a conviction; if you don't take this option, you'll have to fight the felony charge, including up to three years in custody. The law 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 Arcadia, CA, drug charges lawyer is here to help you understand the charges, explore sentencing and charge alternatives with you, and fight to keep a conviction off your record.
How a Drug Conviction in Arcadia, CA, Affects Immigration Status
If you are not a U.S. citizen, a drug conviction can be far more damaging than the criminal penalty alone — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with one specific exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This applies to lawful permanent residents ("green card" holders) as well as visa holders, and it can be a factor independent of whether or not the conviction includes a jail sentence.
Some important things to keep in mind:
- Simple possession for personal use (other than certain rare substances) is ordinarilly grounds for deportation, but is not automatically classified as an "aggravated felony" — a distinction that can preserve certain forms of immigration relief.
- Possession for sale, sale, or trafficking convictions are significantly more serious. They are often considered 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 has a constitutional duty to tell you about these immigration consequences before you make a plea. An attorney who understands both sides can negotiate a resolution — such as a plea to a non-drug offense, or a disposition that avoids specific "aggravated felony" language — which minimizes your chances of being deported.
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 an immigrant facing any drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
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. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be eligible to have the arrest sealed or the record cleared — an attorney can help you explore these options.
Do I need to answer police questions if I have illegal drugs on me?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions beyond identifying yourself, and ask for an attorney immediately — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can a drug conviction be expunged in Arcadia, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though eligibility depends on the specific charge and your record. The conviction can still potentially be used as grounds for deportation, though, which is why non-citizens 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?
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 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.
Does Arcadia, CA, prosecute drug possession charges as felonies?
It's rare for first-time possession cases to be charged as a felony in Arcadia, CA — they're typically treated as misdemeanors. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
The Law Offices of David S. Chesley Is Ready to Be Your Arcadia, CA, Drug Charges Lawyer
This isn't a time to settle for "good enough." Your freedom is important, and it depends on working with the right lawyer. We are ready to take your case.
The Arcadia, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We are prepared to defend you against a variety of drug charges, both misdemeanor and felony. We explore every avenue to find the right path forward for our clients.
Our firm can also assist you with the following legal services in Arcadia, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Arcadia drug defense attorney now at (800) 755-5174 or reach out online to schedule a no-strings 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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