Drug Charges Lawyer in El Monte, CA. Whatever drug accusations you're facing in El Monte, CA, it's not an easy thing to handle. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from cannabis to fentanyl. 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 El Monte, CA's leading criminal defense attorney defending your rights. You need the Law Offices of David S. Chesley.
Our local El Monte drug charges lawyers are avaialble 24/7 to help you. We will listen to you explain your side of the story, explain your best options, and fight for the best deal or other outcome in your case. To begin building your defense, contact our law offices at (800) 755-5174 or tell us about your case online today.
El Monte, CA, Drug Charges Lawyer: Page Summary
Below, you can read about how a El Monte, CA, drug defense attorney will protect your rights, the types of substances considered illegal in El Monte, the most important things to look for in your defense lawyer, effective defense tactics against all sorts of charges, and diversionary programs we can help you explore.
If you want to read about a specific topic, you can use the links in the list below to skip ahead and learn more:
- Why You Need a Drug Charges Lawyer in El Monte, CA, NOW
- Popular Drug Types and Potential Penalties
- Categories of Drug Crime Allegations in El Monte, CA
- How Drugs Can Affect DUI Charges in El Monte
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- El Monte, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Need a Drug Charges Lawyer in El Monte, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Lawyers Fight Against
Don't Waste Time: Contact a El Monte, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in El Monte, 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 felony consequences.
The first reason you should work with a drug charges lawyer right away is to help you interpret the law. A simple possession case needs a different strategy than a drug manufacturing case, and your defense attorney needs to know how to defend your particular charges.
The second reason to call a local El Monte, CA, drug charges lawyer as soon as you've been accused 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. Your defense attorney can help you talk to police the right way, instead of incriminating yourself.
Finally, your drug charges attorney will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early lets us build a defense before the prosecution has completed its case, and in many cases, we can file a motion to dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in El Monte, CA:
When you work with a El Monte, CA, drug charges lawyer, you should go with an attorney who knows how the prosecution treats different drug types. Below, we've listed 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 | A synthetic drug closely related to methamphetamine. A stimulant often used at parties. |
| Cocaine | A highly addictive stimulant derived from a South American plant 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 | 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. |
Penalties vary significantly by the type of drug, how much there was, any prior convictions, and whether the charge is possession, possession-for-sale, or sale/transport. For some typical accusations:
- 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 amount involved.
- Fentanyl carries additional exposure: Proposition 36 (2024) added fentanyl alongside cocaine, heroin, and methamphetamine to a list of drugs that trigger felony enhancement when possessed together with a loaded firearm, and it increased sentencing exposure tied to quantity for several substances.
- 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 our office for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in El Monte, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. 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) cases in El Monte, CA, frequently center around when and where it is used. As an 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, adults over 21 can grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your El Monte, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys are ready for your case. 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.
Different Types of Drug Charges in El Monte, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the El Monte, CA, area. 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
The most common drug charges in El Monte, CA, are often those related to possession. They cover a wide range of substances 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 El Monte, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can be by your side every step of the way.
Relevant statutes: Health and Safety Code 11350 covers most hard drug possession accusations, 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
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 charges are almost always treated more harshly than possession/use charges. 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 El Monte, 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. With the help of an experienced El Monte, 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 may seem very different, but all have one thing in common: They don't stand 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 El Monte, 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 distinction is that the U.S. government is prosecuting you, not just the El Monte district attorney.
These can include anything from trafficking to drug smuggling, but most often will involve large quantities and/or crossing state lines. Sentences are often more severe, up to and including life imprisonment and substantial fines.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a a seasoned criminal defense lawyer who has the strength to match the United States government. 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.
The Intersection Between Drug Charges and DUIs in El Monte, CA
Drug cases often intersect with another type of case in El Monte, CA: DUIs. Drug DUI defense cases can include a several 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 alcoholwhich only has a "zero tolerance" law people who are underage).
When facing this type of charge, you don't just need a drug charges lawyer. You also need a skillful El Monte, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI accusations, 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 El Monte, CA, it can be a challenge trying to decide who will best represent you. Your life may depend on it, after all.
Here are the top factors you want to see in your drug allegations defense attorney:
- Prior Experience fighting against these charges
- Personal Experience as a prosecutor
- Relationships with prosecutors and judges in your jurisdiction
- A Reputation of Delivering Victories against the state for these charges
- Availability Anytime so that you can get help when you need it most
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over 50 years of combined courtroom 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 talk to 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. Everyone in the El Monte, CA, criminal courts is there under different circumstances, and you should have a unique 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: 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.
- 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 law enforcement agent coerced you into buying or using illicit drugs, you cannot be held liable for doing so.
- Prescription: This isn't an option for every offense and type of drug, but some accusations can be alleviated if you were legally prescribed the 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 facing drug crime charges in El Monte, CA, and need help, call an attorney at our offices now.
El Monte, CA, Drug Charge Diversion Options:
El Monte has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your El Monte, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
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. It generally involves 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, 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 works differently than a traditional diversion program.
Under the modern law, 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.
While this doesn't automatically keep people out of jail, it 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, with a prison sentence of up to three years. The law also increased potential penalties for large quantities of certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your El Monte, CA, drug charges lawyer is here to help you understand the charges, explore sentencing and charge alternatives with you, and fight to keep a conviction off your record.
How a Drug Conviction in El Monte, CA, Affects Immigration Status
If you are not a U.S. citizen, a drug conviction can be far more damaging than the criminal penalty alone — 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 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 applies even if you weren't given jail time on your conviction.
Some important things to keep in mind:
- Simple possession for personal use (for most substances) is ordinarilly 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 far more likely to be treated as 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 required to inform you about these immigration implications prior to entering your 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 — which minimizes your chances of being deported.
Because a criminal record can bring immigration consequences regardless of the sentence, it's important to avoid mistakes from the very start of your case. If you are an immigrant facing any drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Allegation Defense Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
Even if you're not convicted of the underlying charge, a background check can still show the 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 — 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 an attorney right away — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in El Monte, 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 this can be affected based on the charge you were convicted of, and any previous convictions. The conviction can still potentially be used as grounds for deportation, though, 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. 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. To learn more about how to explore these paths, speak to an attorney today.
Is a first-time drug possession charge a felony in El Monte, CA?
For most first-time possession cases in El Monte, CA, you'll only face a misdemeanor charge. This isn't true for every drug charge in El Monte, though: More serious allegations like selling drugs are normally treated as a felony regardless of whether this is your first time being charged or not.
The Law Offices of David S. Chesley Is Ready to Be Your El Monte, CA, Drug Charges Lawyer
You need help from experts in defending against drug charges Your future matters, and it depends on working with the right law firm. Our team is ready to stand by your side.
The El Monte, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We are prepared to defend you against a variety of drug charges, both misdemeanor and felony. We will build a strong defense for you against your charges.
Our firm can also assist you with the following legal services in El Monte, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your El Monte drug crimes defense attorney today at (800) 755-5174 or contact us online to schedule a free case evaluation.
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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