Drug Charges Lawyer in Downey, CA. Whatever drug accusations you're facing in Downey, CA, it's not an easy thing to handle. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These statutes regulate substances from prescription medications to opioids. But they all share one thing in common: Major legal consequences.
Stop these charges before it becomes a worst-case scenario. You need Downey, CA's premier criminal defense law firm on your case. You need the Law Offices of David S. Chesley.
Our local Downey drug charges lawyers are avaialble 24/7 to help you. We will listen to you explain your side of the story, discuss defense tactics, and stand by you in front of the judge and jury if your case reaches a trial. To start fighting the charges, contact our representatives at (800) 755-5174 or set up a free, confidential consultation right away.
Downey, CA, Drug Charges Lawyer: Page Summary
Below, you can read about how a Downey, CA, drug defense attorney will protect your rights, the types of substances considered illegal in Downey, the most important things to look for in your defense lawyer, effective defense tactics against all sorts of charges, and the intersection between drug charges and DUIs in Downey.
If you want to read about a particular topic, you can use the links in the following menu to skip ahead and learn more:
- What Your Downey, CA, Drug Crimes Lawyer Will Do For You
- Downey, CA, Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Downey, CA
- How Drugs Can Affect DUI Charges in Downey
- 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
- Need a Drug Charges Lawyer in Downey, CA? Call the Law Offices of David S. Chesley Today
- All the Drug Charges Our Lawyers Defend Against
Get Help From a Downey, CA, Drug Charges Lawyer IMMEDIATELY
If you've been accused of a drug crime in Downey, CA, it's a big deal, no matter what. 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 as soon as possible is to help you understand the charges. 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 call a local Downey, 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, you could see simple possession allegations elevated to possession-for-sale accusations. Your attorney can advise what to share and what not to share with the state.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Acting fast prevents the state from getting a lead on you, and can even give you a better chance of having the court dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in Downey, CA:
When you work with a Downey, CA, drug charges lawyer, you want someone who has experience with the type of drug you're facing allegation for. Below, you can read about some of the substances against which we have practice defending related charges.
| 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. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug which can cause intense effects Long term use can dampen the brain's reward pathway. |
| 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 | 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. |
Penalties vary significantly by substance, quantity, your criminal record, and the act you're being accused of. For some typical accusations:
- 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 are more serious charges. Most accusations are 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.
- 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 review and we'll help you get an idea of what you're up against.
Marijuana in Downey, 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.
Since it has been legalized for recreational use, marijuana (AKA cannabis) accusations in Downey, CA, typically 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
- Generally, it is legal to grow up to six marijuana plants for recreational purposes
- Still illegal to use or possess under federal law.
How Your Downey, 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, demonstrate that you did not exceed state limits, and/or show off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Downey, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Downey, 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
Drug possession charges are some of the most basic in Downey, CA. All illegal chemicals can fall under this umbrella, 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 Downey, 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 is instead covered by 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
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 charges are almost always treated more harshly than possession/use charges. A drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine). As a straight felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. HS 11352 converse sale or transportaiont charges for most substances, while HS 11379 does the same for methamphetamine. Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Downey, 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 one thing connects them together: They don't qualify on their own. To be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Downey, 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 isn't a 'category' in the same way that the above types of charges are. What sets these apart is that the U.S. government is prosecuting you, not just the Downey district attorney.
These can include anything from manufacturing to running a drug ring, but normally it will involve large quantities and/or crossing state lines. The penalties are often much harsher, such as a life sentence and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a leading criminal defense lawyer who's prepared to match the federal prosecutor. Our team of attorneys 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 Downey, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a many different circumstances, including everything from driving while high on marijuana to prescription drug usage. 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 alcohol).
When accused of this type of charge, you need more than a drug charges lawyer. You also need a leading Downey, 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 Downey, 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 see in your drug defense attorney:
- Vast Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships with prosecutors and judges in your local county
- A Track Record of Positive Outcomes 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 five decades of combined legal experience, including as both prosecutors and defense attorneys. We know judges and attorneys throughout California. And we have delivered positive results for our clients.
We will always be honest with you about the state of your case, and you can get a hold of us 24/7 if you have any questions or concerns.
Powerful Drug Crime Accusation Defenses
The statute you violated may not be unique, but your case is. The details are different for every criminal case in Downey, CA, and you should have a tailored defense strategy to match.
We'll listen to your story and craft a powerful defense to fit. Below are some of the possible 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: 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 rare 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: 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 Downey, CA, and need help, contact one of our lawyers now.
Downey, CA, Drug Charge Diversion Options:
Downey has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Downey, 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 often a very helpful, positive outcome for individuals accused of simple possession. 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 protects you from 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 takes a different approach than a typical diversion program.
Under the current version, 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. 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 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 Downey, 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.
How a Drug Conviction in Downey, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Downey, CA, on a work visa, you're facing even more serious consequences than a U.S. citizen — 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 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 applies regardless of whether the state court sentence includes any jail time.
Some important things to keep in mind:
- Simple possession for personal use (for the majority of drugs) is generally grounds for deportation, but is not automatically classified as an "aggravated felony" — meaning that you likely won't lose access to certain modes 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 with little to no opportunity for relief or future re-entry.
- 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. An attorney who understands both sides can negotiate a resolution — such as a plea deal to another, non-drug charge, or a disposition that avoids specific "aggravated felony" language — that defends your legal status in the country, as well as your criminal record.
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 my drug charges are dismissed, can anyone still see them?
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 — ask your attorney what applies to your specific case.
Do I have to talk to police if I'm caught with drugs?
No. You have the right to remain silent and the right to an attorney. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for an attorney right away — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can I get my record sealed after a drug conviction in Downey, 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. 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. Which one applies depends on your charge and criminal history.
Does Downey, CA, prosecute drug possession charges as felonies?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. This isn't true for every drug charge in Downey, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Downey, CA
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on picking the right lawyer. We are ready to take your case.
The Downey, 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.
Our firm can also assist you with the following legal services in Downey, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Downey drug charges defense lawyer now at (800) 755-5174 or use our online contact form to set up a confidential 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)
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