Drug Charges Lawyer in Del Mar, CA. Drug crimes in Del Mar, CA, come in many forms. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These statutes regulate substances from cannabis to opioids. 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.
Don't let these accusations derail your life. You need Del Mar, CA's leading criminal defense attorney defending your rights. You need the Law Offices of David S. Chesley.
Our local Del Mar drug charges lawyers know the ins and outs of California drug laws. We will explore possible defenses, discuss defense tactics, and represent you all the way through trial. To start fighting the charges, contact our team at (800) 755-5174 or use our contact form now.
Del Mar, CA, Drug Charges Lawyer: Page Summary
Below, you can read about what a Del Mar, CA, drug charges attorney can do to defend you, categories of drug crime allegations in Del Mar, the key factors you want your defense team to have, strategies we may use in your case, and more.
To learn about a specific topic, click on the appropriate link in the following menu to skip ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Del Mar, CA
- Del Mar, CA, Drug Types and Potential Penalties
- Different Types of Drug Crime Allegations in Del Mar, CA
- How Drugs Can Affect DUI Charges in Del Mar
- What to Look For in a Drug Charges Lawyer
- 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 Crime FAQs
- Get in Touch With a Drug Charges Lawyer in Del Mar, CA, Today
- All Drug Crime Allegations Our Firm Will Fight Against
The Importance of a Del Mar, CA, Drug Charges Lawyer
Drug charges in Del Mar, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning there's always a risk of years in prison.
The first reason you should work with a drug charges lawyer as soon as possible is to give you an understanding of the accusations. A simple possession case takes a different set of skills than a possession-for-sale case, and your defense attorney should understand how to defend your particular charges.
The second reason to call a local Del Mar, CA, drug charges lawyer right away is to lower your chances of doing something you shouldn't. If you say something incorrect in an interrogation, what was once just a possession charge could now be a trafficking charge. A drug charges lawyer can advise what to share and what not to share with the state.
Lastly, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Early intervention gives you a head start against the state, and in many cases, we can file a motion to dismiss charges if the evidence is in your favor.
Del Mar, CA, Drug Types and Their Penalties:
When deciding on a Del Mar, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. Below, you can read about what types of drugs we most frequently defend charges for in Del Mar, 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 synthetic drug closely related to methamphetamine. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive stimulant derived from a South American plant It is taken in a variety of ways. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. 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. |
Penalties vary significantly based on substance, how much there was, prior record, and the act you're being accused of. 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 are more serious charges. Most accusations are 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
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 find a strategy to minimize negative consequences.
Marijuana in Del Mar, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Since local laws allow for limited use, marijuana (AKA cannabis) charges in Del Mar, CA, typically often revolve around who was using it and whether that person was exceeding legal limits. As an example, it's legal to grow up to six marijuana plants for recreational use, but growing a seventh is a crime.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- Typically, it is legal to grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your Del Mar, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys are ready for your case. 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.
Different Types of Drug Charges in Del Mar, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Del Mar, CA. Whatever charges you are facing, we're ready to defend your innocence. 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
Possession charges are the first level of drug charges in Del Mar, 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 Del Mar, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can protect your freedom through diversionary programs, if applicable.
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
These allegations are almost always considered more serious than possession. 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. As a straight 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). 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 they share one common attribute: They don't qualify on their own. In order to be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Del Mar, 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 the U.S. government is prosecuting you, not just the Del Mar district attorney.
These can include anything from manufacturing to running a drug ring, but to get the attention of the federal government, it typically 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 who's prepared to match the United States government. Our office will conduct investigations, look for legal loopholes, dissect the case against you, and make every effort to secure a positive outcome for you.
DUIs and Drug Charges Defense in Del Mar, CA
Drug cases often intersect with another type of case in Del Mar, CA: DUIs. Drug DUI defense cases can include a several situations, including everything from driving while high on marijuana to driving after taking certain medications. What's worse, 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 accused of this type of charge, you don't just need a drug charges lawyer. You also need an expert Del Mar, 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 cases, you only have ten days after an arrest to request a hearing.
Qualities in a Good Drug Charges Defense Lawyer
When picking a drug charges lawyer in Del Mar, 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.
These are the main qualities you want to look for in your drug allegations defense attorney:
- Extensive Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships at the courts in your jurisdiction
- A History of Success versus the prosecution in drug cases
- Availability Anytime so that you can get help when you need it most
At the Law Offices of David S. Chesley, our firm fulfills all of these requirements. 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.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. The details are different for every criminal case in Del Mar, CA, and you should have a tailored defense strategy to protect you.
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: This can suppress evidence that was unlawfully obtained.
- 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 some cases, if an undercover 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 Del Mar, CA, reach out to the Law Offices of David S. Chesley today.
Del Mar, CA, Drug Charge Diversion Options:
Del Mar has diversion and treatment options available, which your Del Mar, CA, drug charges lawyer can try to utilize in 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 is an option that can give you a way to stay out of prison without going through a trial. If you participate in this, you can expect to participate in 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 prevents you from going through many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36, which took effect in December 2024, changed California's approach to repeat drug offenses. It's important to understand that this is a different, newer law than the Proposition 36 passed in 2000, and it approach drug offense diversion from a unique angle.
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.
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, with a prison sentence of up to three years. 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 Del Mar, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and fight to keep a conviction off your record.
Drug Convictions' Impact on Immigration Status
If you are not a U.S. citizen, you might have to defend yourself against removal as well as criminal charges — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
The federal government can initiate removal proceedings for most drug convictions, with one specific exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). This can impact 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 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 required 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, you need to get expert help as soon as you're aware of an investigation. If you are an immigrant up against a 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. If your case is resolved through PC 1000 or a completed Prop 36 treatment program, you may be able to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
Do I need to answer police questions if I have illegal drugs on me?
No. The Fifth Amendment gives you the right to remain silent during questioning. Politely but firmly refuse to answer any questions outside of providing your identity, 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 Del Mar, 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 support from a lawyer who can handle both criminal and immigration defense.
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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Does Del Mar, CA, prosecute drug possession charges as felonies?
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.
Don't Gamble With Your Freedom: Talk to Our Del Mar, CA, Drug Charges Lawyers Today
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on partnering with the right attorney. Our team is ready to stand by your side.
The Del Mar, CA, drug charges lawyers at the Law Offices of David S. Chesley takes advantage of every opportunity we find to deliver positive results for clients. We have relationships in courts across California. We will build a strong defense for you against your charges.
The Law Offices of David S. Chesley also offers the following legal services in Del Mar, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Del Mar drug crimes defense attorney now at (800) 755-5174 or reach out online for a free, confidential review of your charges.
Drug Charges Our Lawyers Fight in Del Mar, 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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