Drug Charges Lawyer in Costa Mesa, CA. Drug crimes in Costa Mesa, 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 methamphetamine to fentanyl. But they all share one thing in common: Major legal consequences.
Don't let these accusations derail your life. You need Costa Mesa, CA's premier criminal defense legal team defending your rights. You need the Law Offices of David S. Chesley.
Our local Costa Mesa drug charges lawyers are avaialble 24/7 to help you. We will research the statute in detail, explain your best options, and stand by you in front of the judge and jury if your case reaches a trial. To start building your defense, reach out to our team at (800) 755-5174 or send us a note online today.
Costa Mesa, CA, Drug Charges Lawyer: Page Summary
Below, you can learn about the importance of having a drug defense lawyer in Costa Mesa, CA, different types of charges you might face, the qualities your attorney should have, strategies we may use in your case, and diversionary programs we can help you explore.
To focus on a particular topic, you can use the links in the list below to jump ahead and learn more:
- What Your Costa Mesa, CA, Drug Crimes Lawyer Will Do For You
- Popular Drug Types and Their Penalties
- Categories of Drug Charges in Costa Mesa, CA
- Intersections Between Drugs and DUIs in Costa Mesa
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Allegation FAQs
- Need a Drug Charges Lawyer in Costa Mesa, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Attorneys Fight Against
Don't Waste Time: Contact a Costa Mesa, CA, Drug Charges Lawyer RIGHT AWAY
There's no such thing as a "minor" drug charge in Costa Mesa, CA. There can be leeway in what the prosecution decides to charge you with, meaning you're risking an extended stay in jail.
The first reason you need a drug charges lawyer right away is to help you understand the charges. A simple possession case takes a different set of skills than a drug trafficking case, and your drug defense attorney needs to know how to fight each.
The second reason to contact a local Costa Mesa, CA, drug charges lawyer early in the defense process is to stop yourself from making a mistake. 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.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Early intervention gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if we act early enough.
Common Drug Types in Costa Mesa, CA, Legal Cases:
When deciding on a Costa Mesa, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. In the following section, we've outlined what types of drugs we most frequently defend charges for in Costa Mesa, 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 | A man-made psychoactive drug. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive stimulant derived from a South American plant 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 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 | 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 based on substance, how much there was, any prior convictions, and the act you're being accused of. For some typical accusations:
- 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 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 walk you through what you're actually facing.
Marijuana in Costa Mesa, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. While the state used to have laws against its use, in 2016 the state passed Proposition 64, legalizing its recreational use.
Because California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Costa Mesa, CA, most often 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:
- 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
- Still illegal to use or possess under federal law.
How Your Costa Mesa, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, argue that you remained within legal limitations, and/or show off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Costa Mesa, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Costa Mesa, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. 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 Costa Mesa, CA. These can be charged for any illegal substance 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 Costa Mesa, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can advocate for diversionary programs to keep you out of jail.
Relevant statutes: Simple possession of most hard drugs falls under 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 allegations are almost always considered more serious than possession. 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: The two main possession for sale charges you will see in Costa Mesa, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). As a straight 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). 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 all have one thing in common: They don't stand on their own. To be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Costa Mesa, 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 distinction is that you're fighting against the federal government instead of the local Costa Mesa prosecutor.
These can include anything from trafficking to taking part in a drug conspiracy, but most often will involve large quantities and/or crossing state lines. The penalties are often much harsher, up to and including life imprisonment and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a seasoned criminal defense lawyer with the resources to battle the United States government. Our office will learn your side of the story, develop a strong defense strategy, review evidence, and make every effort to secure a positive outcome for you.
DUIs and Drug Charges Defense in Costa Mesa, 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. 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 alcohol).
When facing this type of charge, you don't just need a drug charges lawyer. You also need a leading Costa Mesa, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI accusations, you need to request a hearing within ten days of your arrest.
How to Find the Right Drug Crimes Defense Attorney
When picking a drug charges lawyer in Costa Mesa, CA, to take your case, it can feel impossible trying to decide which one to represent you. Your life may depend on it, after all.
Here are the top factors you want to find in your drug crimes defense attorney:
- Extensive Experience defending clients in your situation
- Personal Experience as a prosecutor
- Relationships at the courts in your jurisdiction
- A Reputation of Delivering Success 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, our firm fulfills all of these requirements. We have over five decades of combined legal experience, including as both prosecutors and defense attorneys. We offer legal services throughout California. And we have delivered many victories for our clients.
You can trust us to always be upfront with your case, and you can call us 24/7 if something new develops.
Strong Defense Strategies Our Attorneys Use in Drug Cases
The statute you violated may not be unique, but your case is. No two cases in Costa Mesa, CA, are identical, and you should have a unique defense strategy to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below 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: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- Somone Else's Drugs: 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 may be exempt from a conviction.
- 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you need a drug crimes defense attorney in Costa Mesa, CA, contact our firm for immediate help.
Costa Mesa, CA, Drug Charge Diversion Options:
Costa Mesa has diversion and treatment options available — be sure to ask your Costa Mesa, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. Below are two of the most relevant programs:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is a very desirable outcome for many people facing drug charges. If you participate in this, you can expect to participate in drug education classes, requirements to stay sober, and regular drug testing. The advantage of PC 1000 is that you don't end up with a conviction on your record — after completing the program, the case against you is dismissed. 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 works differently than a traditional diversion program.
Under the modern 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 Costa Mesa, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, help you decide what route to take, and stand by your side no matter which route you take.
Immigration Consequences of a Drug Conviction
If you are a lawful permanent resident or are in Costa Mesa, CA, on a work visa, you're facing even more serious consequences than a U.S. citizen — 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 narrow 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.
Important factors to be aware of:
- Simple possession for personal use (for the majority of drugs) is normally 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 is supposed 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 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 immigration consequences are triggered by conviction, not just sentence, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are a lawful permanent resident or visa holder up against a drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
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. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, 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. 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 immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I get my record sealed after a drug conviction in Costa Mesa, 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 eligibility depends on the specific charge and your record. An expungement does not erase a conviction for federal immigration purposes, which is why non-citizens 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. 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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Is a first-time drug possession charge a felony in Costa Mesa, 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 Costa Mesa, CA
This isn't a time to settle for "good enough." Your freedom is important, and it depends on picking the right law firm. Our team is ready to stand by your side.
The Costa Mesa, 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 build a strong defense for you against your charges.
Our firm can also assist you with the following legal services in Costa Mesa, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Costa Mesa drug charges defense lawyer today at (800) 755-5174 or tell us about your case online for a no-strings review of your case.
Drug Charges Our Lawyers Fight in Costa Mesa, 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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