Drug Charges Lawyer in Barstow, CA. Drug crimes in Barstow, CA, come in many forms. Everything from manufacturing to simple possession can send you to jail. These charges can include all kinds of substances from cannabis to opioids. If found guilty, you can face life-altering consequences.
You need someone who can guide you to a positive outcome. You need Barstow, CA's premier criminal defense legal team on your side. You need the Law Offices of David S. Chesley.
Our local Barstow drug charges lawyers know the ins and outs of California drug laws. We will explore possible defenses, 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 legal team at (800) 755-5174 or tell us about your case online right away.
Barstow, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over the importance of having a drug defense lawyer in Barstow, CA, the types of substances considered illegal in Barstow, the key factors you want your defense team to have, strategies we may use in your case, and diversionary programs we can help you explore.
To learn about a specific topic, you can use the links in the following menu to navigate to a specific topic and learn more:
- What Your Barstow, CA, Drug Crimes Lawyer Will Do For You
- Popular Drug Types and Potential Penalties
- Different Types of Drug Charges in Barstow, CA
- How Drugs Can Affect DUI Charges in Barstow
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Contact Your Barstow, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Attorneys Defend Against
Why You Need a Drug Charges Lawyer in Barstow, CA, NOW
If you've been accused of a drug crime in Barstow, 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 as soon as possible is to explain the charges. A simple possession case looks very different from a possession-for-sale case, and your defense attorney should have strategies to defend against whatever you've been accused of.
The second reason to get in touch with a local Barstow, CA, drug charges lawyer early in the defense process is to protect yourself from mistakes. After a police interview without proper legal representation, the charges could be elevated and the state's case strengthened. Your defense attorney can stop you from experiencing self-incrimination.
On top of that, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early prevents the state from getting a lead on you, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Common Drug Types in Barstow, CA, Legal Cases:
When picking a Barstow, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. Below, we've outlined some of the substances against which we have practice defending related charges.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | A man-made psychoactive drug. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant which can cause intense effects Long term use can dampen the brain's reward pathway. |
| 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 very addictive substance, and one of the most dangerous opioids. The state tends to impose harsh penalties in heroin cases. |
| 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. |
Sentences vary significantly by the type of drug, quantity, any prior convictions, and the accusation you're facing. As an overview:
- 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 typically charged as felonies, with sentencing ranges that depend heavily on the specific substance and amount involved.
- Fentanyl is treated extra seriously: 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.
Every case is unique, and it can be hard to find answers on your own — call us for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Barstow, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, legalizing its recreational use.
Because California no longer criminalizes using it, marijuana (AKA cannabis) cases in Barstow, CA, typically have more to do with how it was used, rather than just that it was used. For example, it's legal to grow up to six marijuana plants for recreational use, but growing a seventh is a crime.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Typically, it is legal to grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Barstow, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. For example, we can show the legality of your ownership, demonstrate that you did not exceed state limits, and/or show off the proper regulatory procedures which you adhered to.
Drug Charge Categories in Barstow, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Barstow, CA. We help defendants fight against all kinds of drug crime allegations. 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
The most common drug charges in Barstow, CA, are often those related to possession. All illegal chemicals can fall under this umbrella, and these charges can apply if the drugs are on your person, in your vehicle, or anywhere you would control access to them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Barstow, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can be by your side every step of the way.
Relevant statutes: Simple possession of most hard drugs falls under Health and Safety Code 11350, 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
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
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: 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 or transportation for sale is charged under HS 11352 (most substances) or HS 11379 (methamphetamine). These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Barstow, CA, drug charges lawyer, you can fight for a plea deal that reduces these charges and opens up diversion opportunities.
Drug Charge Enhancements
California's drug charge enhancement laws can be very different from each other, but they share one common attribute: They don't stand on their own. 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 Barstow, 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 difference is that the federal government is prosecuting you instead of the state government.
These can include anything from trafficking to running a drug ring, but most often will involve large quantities and/or crossing state lines. The penalties are often much harsher, such as a life sentence and substantial fines.
It's hard to think of many charges worse to face than this. And you need a an experienced criminal defense lawyer with the resources to match the federal prosecutor. Our office will protect your rights, look for legal loopholes, review evidence, and do whatever we can to secure a positive outcome for your case.
Barstow, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in Barstow, 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 operating a motor vehicle while impaired by prescribed medication. 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 alcoholwhich has a legal limit).
When accused of drug DUI charges, you need more than a drug charges lawyer. You also need an expert Barstow, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, if you wait longer than ten days to request a hearing, you lose your chance.
How to Find the Right Drug Crimes Defense Attorney
When picking a drug charges lawyer in Barstow, CA, to take your case, it can feel impossible trying to decide who will best represent you. With so much at stake, you don't want to make the wrong choice.
These are the main qualities you want to look for in your drug 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 Track Record of Success when fighting drug charges for clients
- 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 50 years of combined legal experience, including former prosecutors. We offer legal services throughout California. And we have a history of delivering positive outcomes for our clients.
You can trust us to always be upfront with your case, and you can get a hold of us 24/7 if you have any questions or concerns.
Powerful Drug Crime Accusation Defenses
Whatever law you're accused of breaking, you have your own unique story to tell. No two cases in Barstow, CA, are identical, and you should have a tailored defense plan to protect you.
Our attorneys treat every client as an individual. Below are some powerful strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- Didn't Belong to You: 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 breaking a drug 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're looking for a drug charges lawyer in Barstow, CA, contact one of our attorneys today.
Barstow, CA, Drug Charge Diversion Options:
Barstow has diversion and treatment options available — be sure to ask your Barstow, 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, sobriety requirements, and regular drug testing. The main reason people like to take advantage of PC 1000 is it prevents a conviction from going on your record. This helps you avoid 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 approach drug offense diversion from a unique angle.
Under the 2024 rules, what was originally a misdemeanor charge can be instead charged as a "treatment-mandated felony." This is only an option if the accused person has two or more previous drug-related convictions on their record.
Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, and the case can be dismissed with the arrest 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 increased sentencing exposure tied to drug quantity for certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Barstow, CA, drug charges lawyer can help you understand whether you qualify for treatment options, help you decide what route to take, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
If you are a lawful permanent resident or are in Barstow, CA, on a work visa, you might have to defend yourself against removal as well as criminal charges — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
The federal government can initiate removal proceedings for most drug convictions, with one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can affect 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 (for the majority of drugs) is ordinarilly enough to qualify for removal, but is not automatically classified as an "aggravated felony" — this means that you'll have access to some important immigration relief options.
- 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 is supposed to advise a client of these immigration consequences before a plea is entered. Our firm works hard to find outcomes — such as a plea deal for a different offense, or a disposition that doesn't include specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
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 fighting a drug crime allegation, tell your attorney immediately — this materially changes how your case should be defended.
Drug Charge Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
Even if there isn't a criminal conviction, a background check can still show your arrest. If your case is resolved through PC 1000 or a completed Prop 36 treatment program, you may be eligible to have the arrest sealed or the record cleared — an attorney can help you explore these options.
If the police catch me with drugs in my possession, do I have to answer their questions?
No. The Fifth Amendment gives you the right to remain silent during questioning. Be respectful to the police, but do not provide any information besides your identity, and ask for a lawyer right away — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in Barstow, CA?
The answer depends on the specific charge and your sentence. Penal Code 1203.4 allows for expungement in many cases after completing probation, though whether or not you are eligible can be affected by the specific charge and your previous conviction record. 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 non-citizens need immigration-aware counsel handling both the criminal case and any later cleanup.
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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Is a first-time drug possession charge a felony in Barstow, CA?
For most first-time possession cases in Barstow, 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 Barstow, CA, Today
You need help from experts in defending against drug charges Your freedom is important, and it depends on working with the right law firm. Our team is ready to stand by your side.
The Barstow, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We defend all kinds of major criminal charges, including drug crime allegations. 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 Barstow, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Barstow drug defense attorney right away at (800) 755-5174 or reach out online for a no-strings 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)
Payment Plans
