Drug Charges Lawyer in Hemet, CA. Whatever drug accusations you're facing in Hemet, CA, it's not an easy thing to handle. 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 prescription medications to heroin. The fallout from a drug crime conviction can turn your world upside down.
Don't let these accusations derail your life. You need Hemet, CA's premier criminal defense lawyer on your case. You need the Law Offices of David S. Chesley.
Our local Hemet drug charges lawyers know the ins and outs of California drug laws. We will listen to you explain your side of the story, identify weaknesses in the prosecution's case, and represent you all the way through trial. To start fighting the charges, call our attorneys at (800) 755-5174 or use our contact form today.
Hemet, CA, Drug Charges Lawyer: Page Summary
Below, you can learn about the importance of having a drug defense lawyer in Hemet, CA, categories of drug crime allegations in Hemet, the key factors you want your defense team to have, strategies we may use in your case, and the intersection between drug charges and DUIs in Hemet.
If you want to read 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 Hemet, CA
- Common Drug Types and Possible Penalties
- Different Types of Drug Crime Allegations in Hemet, CA
- DUIs and Drug Charges Defense in Hemet, CA
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Hemet, CA? Call the Law Offices of David S. Chesley Today
- All the Drug Charges Our Firm Will Defend Against
Get Help From a Hemet, CA, Drug Charges Lawyer IMMEDIATELY
Drug charges in Hemet, CA, always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning there's always a risk of 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 understand how to fight each.
The second reason to get in touch with a local Hemet, CA, drug charges lawyer first thing in your case is to protect yourself from mistakes. After a police interview without proper legal representation, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges defense attorney can advise what to share and what not to share with the state.
On top of that, your drug charges attorney will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early gives you a head start against the state, and we can even move to dismiss charges if we act early enough.
Drug Types and Legal Context in Hemet, CA:
When you work with a Hemet, CA, drug charges lawyer, you should go with an attorney who has experience with the type of drug you're facing allegation for. In the following section, 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 stimulant derived from a South American plant 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 natural and synthetic types. 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. |
Sentences vary significantly based on substance, quantity, your criminal record, and the type of charge. As a general framework:
- 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, and the sentence can change based on the specific substance and quantity involved.
- Fentanyl is treated extra seriously: 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
There's no simple method to tell what kind of sentence you're facing based on your charges. Our drug defense attorneys can help — call us for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Hemet, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, legalizing its recreational use.
Because California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Hemet, CA, most often often revolve around who was using it and whether that person was exceeding legal limits. 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:
- Legal in limited quantities for adults 21 and older
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Hemet, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. For example, we can show the legality of your ownership, argue that you remained within legal limitations, and/or show off the proper regulatory procedures which you adhered to.
Different Types of Drug Charges in Hemet, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Hemet, 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 Hemet, CA, are often those related to possession. 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 Hemet, 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 allegations are almost always considered more serious than possession. 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 Hemet, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). For these felony charges, 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). 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 all have one thing in common: 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 Hemet, 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. The difference is that the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to drug smuggling, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. If you're accused of this, you're up against truly severe penalties, 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 with the resources to match the United States government. Our office will learn your side of the story, develop a strong defense strategy, challenge evidence, and do whatever we can to secure a positive result for you.
Hemet, CA Drug Charges and DUIs
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a wide range of circumstances, including everything from driving while high on marijuana to prescription drug usage. What's worse, you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcohol).
When facing drug DUI charges, you don't just need a drug charges lawyer. You also need a skillful Hemet, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, you only have ten days after an arrest to request a hearing.
What to Look For in a Drug Charges Lawyer
When picking a drug charges lawyer in Hemet, 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:
- Extensive Experience fighting against these charges
- Knowledge of how the district attorney approaches these cases
- Relationships at the courts in your local county
- A History of 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, our firm fulfills all of these requirements. We have over 50 years of combined courtroom experience, including as both prosecutors and defense attorneys. We have a wide reach with relationships across the state of California. And we have delivered positive results for our clients.
We don't make false promises about 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. No two cases in Hemet, CA, are identical, and you should have a unique defense plan to match.
Our attorneys treat every client as an individual. Below are some powerful 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: 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 rare cases, if an undercover officer coerced you into violating the law, you can be found innocent of the criminal charges.
- 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: 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 Hemet, CA, call one of our attorneys for immediate help.
Hemet, CA, Drug Charge Diversion Options:
Hemet has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Hemet, 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. 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, 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 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 takes a different approach than a typical diversion program.
Under the current law, 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, 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 updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Hemet, CA, drug charges lawyer will help you navigate treatment-mandated felony 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 a lawful permanent resident or are in Hemet, CA, on a work visa, 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.
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 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 most substances) is generally 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 with little to no opportunity for relief or future re-entry.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel has a constitutional duty 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 avoids 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, you need to get expert help as soon as you're aware of an investigation. If you are an immigrant up against a drug case, tell your attorney immediately — this materially changes how your case should be defended.
Drug Allegation Defense Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
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 eligible 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 are not required to answer any self-incriminating questions during an interrogation. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for a lawyer right away — 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 Hemet, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, 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?
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. Which one applies depends on your charge and criminal history.
If I don't have a record, will my drug possession charge be a felony in Hemet, CA?
For most first-time possession cases in Hemet, CA, you'll only face a misdemeanor charge. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Hemet, CA
These charges need to be treated seriously Your future matters, and it depends on partnering with the right lawyer. Our team is ready to stand by your side.
The Hemet, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We defend all kinds of major criminal charges, including drug crime allegations. 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 Hemet, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Hemet drug charges defense lawyer now at (800) 755-5174 or reach out online for a free, confidential 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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