Drug Charges Lawyer in Commerce, CA. Drug crimes in Commerce, CA, come in many forms. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from marijuana to heroin. If found guilty, you can face life-altering consequences.
Don't let these accusations derail your life. You need Commerce, CA's leading criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local Commerce drug charges lawyers are ready for your case today. We will explore possible defenses, identify weaknesses in the prosecution's case, and represent you all the way through trial. To start building your defense, reach out to our team at (800) 755-5174 or set up a free, confidential consultation now.
Commerce, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over how a Commerce, CA, drug defense attorney will protect your rights, categories of drug crime allegations in Commerce, the qualities your attorney should have, strategies we may use in your case, and the intersection between drug charges and DUIs in Commerce.
If you want to read about a particular topic, you can use the links in the following menu to navigate to a specific topic and learn more:
- Why You Need a Drug Charges Lawyer in Commerce, CA, NOW
- Popular Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Commerce, CA
- How Drugs Can Affect DUI Charges in Commerce
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Contact Your Commerce, CA, Drug Charges Attorney Now
- All the Drug Charges Our Team Will Defend Against
Why You Need a Drug Charges Lawyer in Commerce, CA, NOW
There's no such thing as a "minor" drug charge in Commerce, CA. There can be leeway in what the prosecution decides to charge you with, meaning you're risking years in prison.
The first reason you need a drug charges lawyer immediately is to help you understand the charges. A simple possession case shouldn't be treated the same as a drug manufacturing case, and your defense attorney needs to know how to defend against whatever you've been accused of.
The second reason to contact a local Commerce, CA, drug charges lawyer right away is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, what was once just a possession charge could now be a trafficking charge. A drug charges attorney 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. Early intervention prevents the state from getting a lead on you, and can even give you a better chance of having the court dismiss charges if we act early enough.
Common Drug Types in Commerce, CA, Legal Cases:
When deciding on a Commerce, CA, drug charges lawyer, you should pick somone who can defend charges related to the specific kind of drug in the allegations. Below, you can read about what types of drugs we most frequently defend charges for in Commerce, CA.
| 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 synthetic drug closely related to methamphetamine. A stimulant often used at parties. |
| Cocaine | A highly addictive drug which can cause intense effects It is taken in a variety of ways. |
| 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 | An extremely dangerous drug made by processing morphine. 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 whether the charge is possession, possession-for-sale, or sale/transport. As a general framework:
- 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 typically charged as felonies, with sentencing ranges that depend heavily on the specific drug and quantity 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.
Because the numbers shift based on the specific facts of a case, the exact exposure you're facing should be evaluated by an attorney who can review your charge sheet and criminal history — call us for a free case review and we'll help you find a strategy to minimize negative consequences.
Marijuana in Commerce, 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 local laws allow for limited use, marijuana (AKA cannabis) accusations in Commerce, CA, most often often revolve around who was using it and whether that person was exceeding legal limits. For example, you're allowed to grow a small number of plants for personal use, but they must be kept in a private, secure area.
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 Commerce, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, our attorneys will fight to defend you. For example, we can show the legality of your ownership, show that you did not violate any regulations, 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 Commerce, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Commerce, 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 Commerce, CA. All illegal chemicals can fall under this umbrella, 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 Commerce, 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. Generally, these possession charges are handled as misdemeanors.
Drug Production/Transport/Distribution Charges
Accusations of drug production, transportation, and distribution take on the other side of a drug deal: The alleged 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
These allegations are almost always considered more serious than 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 Commerce, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). 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 Commerce, 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 cover a variety of situations, but they share one common attribute: They don't exist on their own. Before you can be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Commerce, 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 you're fighting against the federal government instead of the local Commerce prosecutor.
These can include anything from trafficking 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. 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 who's prepared to fight the federal prosecutor. Our team of attorneys will learn your side of the story, develop a strong defense strategy, review evidence, and make every effort to secure a positive outcome for your case.
DUIs and Drug Charges Defense in Commerce, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a wide range of 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 arrested if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When accused of this type of charge, you need more than a drug charges lawyer. You also need an expert Commerce, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI cases, you need to request a hearing within ten days of your arrest.
What to Look For in a Drug Charges Lawyer
When you are considering your options for a drug charges lawyer in Commerce, CA, it can be overwhelming trying to decide the right person to 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
- Personal Experience as a prosecutor
- Existing Relationships at the courts in your local county
- A Track Record of Positive Outcomes versus the prosecution in drug cases
- Availability Anytime in case an emergency occurs and you need help
At the Law Offices of David S. Chesley, our firm fulfills all of these requirements. We have over 50 years of combined courtroom experience, including former prosecutors. We have a wide reach with relationships across the state of California. And we have delivered many victories for our clients.
We don't make false promises about your case, and you can get a hold of us 24/7 if something new develops.
Powerful Drug Crime Accusation Defenses
Whatever law you're accused of breaking, you have your own unique story to tell. Everyone in the Commerce, CA, criminal courts is there under different circumstances, and you should have a customized defense strategy to protect you.
Our attorneys treat every client as an individual. Here are some strong 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: 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 some cases, if an undercover police officer 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're facing drug crime charges in Commerce, CA, and need help, call our firm today.
Commerce, CA, Drug Charge Diversion Options:
Commerce has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Commerce, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must meet legal guidelines. These are some of the :
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is is an option that can give you a way to stay out of prison without going through a trial. The program typically includes drug education classes, requirements to stay sober, 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 prevents you from going through many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36, as opposed to PC 1000, targets alleged offenders with an existing criminal record. It took its current form in 2024, and it works differently than a traditional diversion program.
Under the current 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.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, you avoid a conviction; fail or refuse treatment, and you face the felony charge, with a prison sentence of up to three years. 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 Commerce, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
For immigrants in Commerce, CA, 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.
Most drug charge convictions are grounds for deportation, but there is a sole 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 can be a factor independent of whether or not the conviction includes a jail sentence.
A few key distinctions matter a great deal:
- Simple possession for personal use (other than certain rare substances) is ordinarilly a deportable offense, 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 required 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 immigration consequences are triggered by conviction, not just sentence, you need to get expert help as soon as you're aware of an investigation. If you are a lawful permanent resident or visa holder fighting a drug crime allegation, 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 — your drug charges defense lawyer can help you navigate these options.
If the police catch me with drugs in my possession, do I have to answer their questions?
No. You have the right to remain silent and the right to an attorney. Be respectful to the police, but do not provide any information besides your identity, and request counsel right away — if you say the wrong thing, you could end up facing harsher charges.
Can I get my record sealed after a drug conviction in Commerce, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, 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 green card and visa holders need immigration-aware counsel handling both the criminal case and any later cleanup.
What's the difference between PC 1000 and Proposition 36 diversion?
PC 1000 is available for qualifying first-time or low-level possession offenses and leads to dismissal after completing education and testing requirements. If you have previous drug-charge convictions on your record, you're more likely to be eligible for Proposition 36 (2024): This would be a felony charge, but offers a court-supervised treatment program to have the case dismissed. Which one applies depends on your charge and criminal history.
If I don't have a record, will my drug possession charge be a felony in Commerce, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Commerce, CA
You need help from experts in defending against drug charges Your future matters, and it depends on working with the right defense attorney. We are ready to take your case.
The Commerce, 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.
The Law Offices of David S. Chesley also offers the following legal services in Commerce, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Commerce drug crimes defense attorney now at (800) 755-5174 or reach out online to schedule a free, confidential review of your case.
Drug Charges Our Lawyers Fight in Commerce, CA:
- 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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