Drug Charges Lawyer in Hesperia, CA. There's no such thing as a "good" drug charge to be accused of in Hesperia, 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 prescription medications to opioids. But they all share one thing in common: Major legal consequences.
You need representation that will fight for your freedom. You need Hesperia, CA's premier criminal defense attorney on your case. You need the Law Offices of David S. Chesley.
Our local Hesperia drug charges lawyers know the ins and outs of California drug laws. We will give you honest advice, discuss defense tactics, and fight for the best deal or other outcome in your case. To start fighting the charges, reach out to our representatives at (800) 755-5174 or use our contact form today.
Hesperia, CA, Drug Charges Lawyer: Page Summary
Below, you can learn about the importance of having a drug defense lawyer in Hesperia, CA, categories of drug crime allegations in Hesperia, the key factors you want your defense team to have, gameplans our attorneys use against drug accusations, and more.
To focus on a specific topic, click on the appropriate link below to jump ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Hesperia, CA
- Common Drug Types and Potential Penalties
- Different Types of Drug Crime Allegations in Hesperia, CA
- Intersections Between Drugs and DUIs in Hesperia
- 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
- Get in Touch With a Drug Charges Lawyer in Hesperia, CA, Today
- Every Drug Charge Our Team Will Defend Against
Get Help From a Hesperia, CA, Drug Charges Lawyer IMMEDIATELY
There's no such thing as a "minor" drug charge in Hesperia, CA. Two people who committed similar acts can face very different charges, meaning you can always face years in prison.
The first reason you need a drug charges lawyer without hesitation is to help you understand the charges. A simple possession case needs a different strategy than a drug manufacturing case, and your defense attorney needs to know how to fight against whatever you've been accused of.
The second reason to call a local Hesperia, CA, drug charges lawyer as soon as you've been accused is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. A drug charges attorney can stop you from experiencing self-incrimination.
Additionally, your drug charges attorney will open doors for new strategies through plea negotiations. Acting fast 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 we act early enough.
Common Drug Types in Hesperia, CA, Legal Cases:
When you work with a Hesperia, CA, drug charges lawyer, you should pick somone who can defend charges related to the specific kind of drug in the allegations. In the following section, you can read about what types of drugs we most frequently defend charges for in Hesperia, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | Also known as MDMA, Molly, and E. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive drug which can cause intense effects It is taken in a variety of ways. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | A very addictive substance, and one of the most dangerous opioids. 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, quantity, prior record, and the accusation you're facing. As an overview:
- 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
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 our office for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Hesperia, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. While the state used to have laws against its use, in 2016 the state passed Proposition 64, legalizing its recreational use.
Because California no longer criminalizes using it, marijuana (AKA cannabis) allegations in Hesperia, CA, typically center around when and where it is used. 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:
- 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 for personal use
- Federal law still makes marijuana usage illegal.
How Your Hesperia, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys 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 make the case that no laws were violated in the handling of the plant.
Different Types of Drug Charges in Hesperia, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Hesperia, CA. Whatever charges you are facing, we're ready to defend your innocence. 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
Possession charges are the first level of drug charges in Hesperia, 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 Hesperia, 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: 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 specifically falls under HS 11377. In most cases, the prosecution will choose to treat these as misdemeanors, limiting the potential sentence to one year in jail.
Drug Production/Transport/Distribution Charges
While drug possession and use charges target the buyer, drug production, transportation, and distribution charges target the 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. 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: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (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 can be very different from each other, 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 Hesperia, 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 you're fighting against the federal government instead of the local Hesperia prosecutor.
These can include anything from manufacturing to running a drug ring, 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 with the resources to battle the federal prosecutor. Our office will protect your rights, look for legal loopholes, challenge evidence, and do whatever we can to secure a positive result for you.
The Intersection Between Drug Charges and DUIs in Hesperia, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a several situations, including everything from driving while high on marijuana to prescription drug usage. Legal regulations often make these charges more serious than typical DUIs. For example, you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When up against drug DUI charges, you don't just need a drug charges lawyer. You also need a skillful Hesperia, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. But you need to act fast — for most DUI accusations, you only have ten days after an arrest to request a hearing.
Qualities in a Good Drug Charges Defense Lawyer
When you are considering your options for a drug charges lawyer in Hesperia, CA, it can feel impossible trying to decide which one to represent you. Your life may depend on it, after all.
These are the main qualities you want to see in your drug allegations defense attorney:
- Vast Experience defending clients in your situation
- Knowledge of how the district attorney approaches these cases
- Existing Relationships at the courts in your local county
- A Track Record of Positive Outcomes 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 legal experience, including as both prosecutors and defense attorneys. We know judges and attorneys throughout California. And we have delivered many victories for Californians.
We don't make false promises about your case, and you can talk to us 24/7 if something new develops.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. The details are different for every criminal case in Hesperia, CA, and you should have a unique defense strategy to protect you.
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.
- Not Your 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 police officer coerced you into buying or using illicit drugs, you cannot be held liable for doing so.
- 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you've been accused of a drug crime in Hesperia, CA, call one of our lawyers today.
Hesperia, CA, Drug Charge Diversion Options:
Hesperia has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Hesperia, 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, 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 is another diversion program, designed to help people accused of repeat drug offenses. It was passed in 2024, and is distinct from a previous version of Proposition 36 passed in 2000. It takes a different approach than a typical diversion program.
Under the current version, 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.
If you're facing this charge, you have a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); fail or refuse treatment, and you face the 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 Hesperia, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, explore sentencing and charge alternatives with you, and stand by your side no matter which route you take.
Immigration Consequences of a Drug Conviction
If you are not a U.S. citizen, you might have to defend yourself against removal as well as criminal charges — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can affect 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 the majority of drugs) is normally 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 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 required to tell you about these immigration consequences before you make a plea. Our firm works hard to find outcomes — such as a plea to a non-drug offense, 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 a lawful permanent resident or visa holder up against a drug crime allegation, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Allegation Defense Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
Even if there isn't a criminal conviction, a background check can still show your 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 — an attorney can help you explore these options.
Do I need to answer police questions if I have illegal drugs on me?
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 an attorney right away — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in Hesperia, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though eligibility depends on the specific charge and your record. The conviction can still potentially be used as grounds for deportation, though, 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?
PC 1000 is available for qualifying first-time or low-level possession offenses and leads to dismissal after completing education and testing requirements. 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. To learn more about how to explore these paths, speak to an attorney today.
If I don't have a record, will my drug possession charge be a felony in Hesperia, CA?
For most first-time possession cases in Hesperia, CA, you'll only face a misdemeanor charge. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Don't Gamble With Your Freedom: Talk to Our Hesperia, CA, Drug Charges Lawyers Today
This isn't a time to settle for "good enough." Your freedom is important, and it depends on picking the right defense lawyer. Our team is ready to stand by your side.
The Hesperia, 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 will build a strong defense for you against your charges.
We also aid with the following legal services in Hesperia, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Hesperia drug charges defense lawyer today at (800) 755-5174 or reach out online to schedule 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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