Drug Charges Lawyer in Fontana, CA. There are a wide variety of drug laws you can be charged with breaking in Fontana, CA. 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 marijuana to fentanyl. The fallout from a drug crime conviction can turn your world upside down.
Get help before it's too late. You need Fontana, CA's premier criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local Fontana drug charges lawyers are ready for your case today. We will research the statute in detail, discuss defense tactics, and represent you all the way through trial. To start fighting the charges, contact our attorneys at (800) 755-5174 or set up a free, confidential consultation now.
Fontana, CA, Drug Charges Lawyer: Page Summary
In this article, you can learn about how a Fontana, CA, drug defense attorney will protect your rights, different types of charges you might face, the qualities your attorney should have, effective defense tactics against all sorts of charges, and the intersection between drug charges and DUIs in Fontana.
To learn about a specific topic, click on the appropriate link below to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Fontana, CA
- Common Drug Types and Possible Penalties
- Different Types of Drug Charges in Fontana, CA
- DUIs and Drug Charges Defense in Fontana, CA
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Charge FAQs
- Need a Drug Charges Lawyer in Fontana, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Lawyers Defend Against
Why You Need a Drug Charges Lawyer in Fontana, CA, NOW
Drug charges in Fontana, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning you can always face an extended stay in jail.
The first reason you should work with a drug charges lawyer without hesitation is to explain the charges. A simple possession case shouldn't be treated the same as a possession-for-sale case, and your defense attorney needs to know how to fight against whatever you've been accused of.
The second reason to get in touch with a local Fontana, CA, drug charges lawyer early in the defense process is to lower your chances of doing something you shouldn't. After a police interview without proper legal representation, you could see simple possession allegations elevated to possession-for-sale accusations. Your attorney can help you talk to police the right way, instead of incriminating yourself.
Additionally, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early 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.
Common Drug Types in Fontana, CA, Legal Cases:
When picking a Fontana, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. In the following section, you can read about what types of drugs we most frequently defend charges for in Fontana, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | Charges often revolve around having a technically legal drug without permission, or selling it to someone you aren't supposed to. |
| Ecstacy | Also known as MDMA, Molly, and E. A stimulant often used at parties. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) 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 prescription medications and fully illegal types. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. The state tends to impose harsh penalties in heroin cases. |
| 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. |
Potential legal consequences vary significantly by the type of drug, quantity, any prior convictions, and the type of charge. 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 substance and quantity involved.
- Fentanyl carries additional exposure: 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 our office for a free case evaluation and we'll walk you through what you're actually facing.
Marijuana in Fontana, 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, letting people use it recreationally.
Because it has been legalized for recreational use, marijuana (AKA cannabis) accusations in Fontana, CA, frequently often revolve around who was using it and whether that person was exceeding legal limits. For 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
- In most cases, it is legal to grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Fontana, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer can help. For example, we can demonstrate that you had the legal right to possess marijuana, show that you did not violate any regulations, and/or show that it was properly handled at all times.
Different Types of Drug Charges in Fontana, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Fontana, 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 Fontana, 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 Fontana, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, 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
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 Fontana, 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). These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Fontana, 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 also needs to be an underlying base charge.
It's even more important to hire an experienced Fontana, 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. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from production to transportation to taking part in a drug conspiracy, but normally it 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 seasoned criminal defense lawyer who has the strength to fight the federal prosecutor. Our team of attorneys will protect your rights, look for legal loopholes, dissect the case against you, and make every effort to secure a positive result for you.
The Intersection Between Drug Charges and DUIs in Fontana, 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 operating a motor vehicle while impaired by prescribed medication. 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 drug DUI charges, you don't just need a drug charges lawyer. You also need a skillful Fontana, 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, if you wait longer than ten days to request a hearing, you lose your chance.
Top Fontana, CA, Drug Charges Lawyer Qualitites
When you are considering your options for a drug charges lawyer in Fontana, CA, it can be a challenge trying to decide which one to represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to find in your drug defense attorney:
- Extensive Experience fighting these cases in court
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Reputation of Delivering 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, we embody each of these qualities. We have over 50 years of combined courtroom experience, including as both prosecutors and defense attorneys. We offer legal services throughout California. And we have delivered positive results for Californians.
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 need anything from our offices.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Fontana, 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 staunch 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.
- Not Your Drugs: 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 cannot be held liable for doing so.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: In some cases, where it's not reasonable for the alleged offender to have the charges dropped entirely, a positive outcome can still be achieved through a plea deal.
If you need a drug crimes defense attorney in Fontana, CA, reach out to an attorney at our offices today.
Fontana, CA, Drug Charge Diversion Options:
Fontana has diversion and treatment options available — be sure to ask your Fontana, CA, drug charges lawyer about whether or not they apply to 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 often a very helpful, positive outcome for individuals accused of simple possession. The program typically includes drug education classes, sobriety requirements, 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, as opposed to PC 1000, targets alleged offenders with an existing criminal record. It took its current form in 2024, 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. If you're facing this charge, you have a choice: complete court-mandated treatment, you avoid a conviction; if you don't take this option, you'll have to fight the felony charge, including up to three years in custody. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Fontana, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, help you decide what route to take, and fight to keep a conviction off your record.
Immigration Consequences of a Drug Conviction
For immigrants in Fontana, CA, a drug conviction can be far more damaging than the criminal penalty alone — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
The federal government can initiate removal proceedings for most drug convictions, with one narrow 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for the majority of drugs) is generally grounds for deportation, 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 has a constitutional duty 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 defends your legal status in the country, as well as your criminal record.
Because immigration consequences are triggered by conviction, not just sentence, it's important to avoid mistakes from the very start of your case. If you are a lawful permanent resident or visa holder fighting a drug charge, tell your attorney immediately — this materially changes how your case should be defended.
Drug Charge 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 eligible to have the arrest sealed or the record cleared — an attorney can help you explore these options.
Do I need to answer police questions if I have illegal drugs on me?
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 ask for an attorney 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 Fontana, 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. 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 support from a lawyer who can handle both criminal and immigration defense.
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. The 2024 version of Proposition 36 functions differently: It allows what ordinarily would be charged as misdemeanors to now be charged as felonies, if you have prior drug convictions on your record. However, it also allows for a court-mandated treatment program, completion of which results in the dismissal of felony charges. Your eligibility is ultimately determined by the underlying charge and your existing record.
If I don't have a record, will my drug possession charge be a felony in Fontana, CA?
For most first-time possession cases in Fontana, CA, you'll only face a misdemeanor charge. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Need a Drug Charges Lawyer in Fontana, CA? Call the Law Offices of David S. Chesley Today
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on working with the right law firm. Our team is ready to stand by your side.
The Fontana, 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 always be honest with you and will fight for the best outcome possible.
The Law Offices of David S. Chesley also offers the following legal services in Fontana, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Fontana drug charges lawyer right away at (800) 755-5174 or use our online contact form to schedule a confidential review of your case.
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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