Drug Charges Lawyer in Fullerton, CA. Drug crimes in Fullerton, CA, come in many forms. You could be accused of possessing them, selling them, or making them. These charges can include all kinds of substances from methamphetamine to opioids. If found guilty, you can face life-altering consequences.
You need representation that will fight for your freedom. You need Fullerton, CA's premier criminal defense attorney defending your rights. You need the Law Offices of David S. Chesley.
Our local Fullerton drug charges lawyers will be by your side from day one. We will give you honest advice, explain your best options, and represent you all the way through trial. To begin fighting the charges, reach out to our representatives at (800) 755-5174 or ask about a free case review online now.
Fullerton, CA, Drug Charges Lawyer: Page Summary
Below, you can read about the importance of having a drug defense lawyer in Fullerton, CA, different types of charges you might face, the most important things to look for in your defense lawyer, effective defense tactics against all sorts of charges, and more.
To learn about a specific topic, click on the appropriate link in the list below to skip ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Fullerton, CA
- Fullerton, CA, Drug Types and Potential Penalties
- Different Types of Drug Crime Allegations in Fullerton, CA
- How Drugs Can Affect DUI Charges in Fullerton
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Fullerton, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Fullerton, CA, Today
- Every Drug Charge Our Firm Will Fight Against
The Importance of a Fullerton, CA, Drug Charges Lawyer
If you've been accused of a drug crime in Fullerton, 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 years in prison.
The first reason you should work with a drug charges lawyer immediately is to explain the charges. A simple possession case shouldn't be treated the same as a drug trafficking case, and your defense attorney should have strategies to fight your particular charges.
The second reason to call a local Fullerton, 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. A drug charges 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 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 Fullerton, CA:
When you work with a Fullerton, CA, drug charges lawyer, you should go with an attorney who can defend charges related to the specific kind of drug in the allegations. Below, we've listed what types of drugs we most frequently defend charges for in Fullerton, 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. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant that can be either a powdered form or a solid rock (Crack) Its use can harm the brain, as well as several other organs. |
| 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. 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. |
Potential legal consequences vary significantly by substance, quantity, your criminal record, and the accusation you're facing. 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 rarely treated as misdemeanors. They're often felonies, and the sentence can change based on the specific substance 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 us for a free case review and we'll help you find a strategy to minimize negative consequences.
Marijuana in Fullerton, 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, letting people use it recreationally.
Because California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Fullerton, CA, most often have more to do with how it was used, rather than just that it was 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
- In most cases, it is legal to grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your Fullerton, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, we will fight to defend you. For example, we can argue that you were permitted to have cannabis, demonstrate that you did not exceed state limits, and/or show that it was properly handled at all times.
Drug Charge Categories in Fullerton, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Fullerton, CA, area. We are prepared to fight against accusations including possession, sale, and special enhancements. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Fullerton, CA. They cover a wide range of substances 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 Fullerton, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, 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 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
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 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. For these felony charges, 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. These charges carry longer exposure — 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 can be very different from each other, but they share one common attribute: They don't stand on their own. In order to be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Fullerton, 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 federal government is prosecuting you instead of the state government.
These can include anything from trafficking to drug smuggling, 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, 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's prepared to fight the federal prosecutor. Our office will conduct investigations, develop a strong defense strategy, review evidence, and make every effort to secure a positive result for you.
DUIs and Drug Charges Defense in Fullerton, CA
DUIs and drug charges don't always go together in Fullerton, CA, but when they do, these cases can be particularly tricky to fight. 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. What's worse, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When up against this type of charge, you don't just need a drug charges lawyer. You also need a skillful Fullerton, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI cases, 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 Fullerton, CA, to take your case, 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 look for in your drug defense attorney:
- Prior Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your local county
- A Track Record of Positive Outcomes against the state for these charges
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over five decades of combined courtroom experience, including former prosecutors. We have a wide reach with relationships across the state of California. And we have a history of delivering positive outcomes for Californians.
We will always be honest with you about the state of your case, and you can talk to us 24/7 if you need anything from our offices.
Powerful Drug Crime Accusation Defenses
Your charges might be the same as someone else's, but your case is unique. Everyone in the Fullerton, CA, criminal courts is there under different circumstances, and you should have a tailored defense strategy to protect you.
We'll listen to your story and craft a powerful defense to fit. Here are some compelling strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- Somone Else's 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 law enforcement agent coerced you into buying or using illicit drugs, 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If someone's accused you of a drug crime in Fullerton, CA, get in touch with an attorney at our offices for immediate help.
Fullerton, CA, Drug Charge Diversion Options:
Fullerton has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Fullerton, 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. Below are two of the most relevant programs:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is often a very helpful, positive outcome for individuals accused of simple possession. It generally involves 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 protects you from 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 approach drug offense diversion from a unique angle.
Under the modern rules, 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. While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); if you don't take this option, you'll have to fight the felony charge, and risking up to three years behind bars. The law 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 Fullerton, 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 Fullerton, 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 — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
Most drug charge convictions are grounds for deportation, but there is one specific exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). 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 most substances) is normally a deportable offense, 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 far more likely to be treated as aggravated felonies, which can trigger mandatory deportation and create barriers to appeals efforts.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is supposed to inform you about these immigration implications prior to entering your plea. We will fight for an outcome — such as a plea to a non-drug 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 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 charge, tell your attorney immediately — this materially changes how your case should be defended.
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 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 — ask your attorney what applies to your specific case.
If the police catch me with drugs in my possession, do I have to answer their questions?
No. You are not required to answer any self-incriminating questions during an interrogation. Politely decline to answer questions beyond identifying yourself, 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 Fullerton, 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. An expungement does not erase a conviction for federal immigration purposes, which is why green card and visa holders need to work with an experienced drug crimes attorney who also practices immigration law.
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. 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.
Does Fullerton, 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 Fullerton, though: More serious allegations like distribution 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 Fullerton, CA
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on partnering with the right defense attorney. Our team is ready to stand by your side.
The Fullerton, 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 always be honest with you and will fight for the best outcome possible.
We also aid with the following legal services in Fullerton, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Fullerton drug charges lawyer right away at (800) 755-5174 or contact us online for a confidential review of your case.
Drug Charges Our Lawyers Fight in Fullerton, 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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