Drug Charges Lawyer in Irvine, CA. Drug crimes in Irvine, 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 marijuana to fentanyl. If found guilty, you can face life-altering consequences.
Stop these charges before it becomes a worst-case scenario. You need Irvine, CA's premier criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local Irvine drug charges lawyers are ready for your case today. We will research the statute in detail, explain your best options, and stand by you in front of the judge and jury if your case reaches a trial. To begin fighting the charges, call our law offices at (800) 755-5174 or tell us about your case online now.
Irvine, CA, Drug Charges Lawyer: Page Summary
In this article, you can learn about the importance of having a drug defense lawyer in Irvine, CA, different types of charges you might face, the most important things to look for in your defense lawyer, gameplans our attorneys use against drug accusations, and diversionary programs we can help you explore.
If you want to read about a particular topic, click on the appropriate link in the following menu to jump ahead and learn more:
- What Your Irvine, CA, Drug Crimes Lawyer Will Do For You
- Irvine, CA, Drug Types and Potential Penalties
- Different Types of Drug Crime Allegations in Irvine, CA
- DUIs and Drug Charges Defense in Irvine, CA
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Allegation FAQs
- Contact Your Irvine, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Lawyers Fight Against
Why You Need a Drug Charges Lawyer in Irvine, CA, NOW
If you've been accused of a drug crime in Irvine, CA, it's a big deal, no matter what. There can be leeway in what the prosecution decides to charge you with, meaning there's always a risk of felony consequences.
The first reason you should work with a drug charges lawyer as soon as possible is to give you an understanding of the accusations. A simple possession case takes a different set of skills than a possession-for-sale case, and your drug defense attorney should have strategies to defend each.
The second reason to contact a local Irvine, CA, drug charges lawyer first thing in your case is to stop yourself from making a mistake. After a police interview without proper legal representation, what was once just a possession charge could now be a trafficking charge. A drug charges lawyer can advise what to share and what not to share with the state.
Additionally, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Early intervention gives you a head start against the state, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Drug Types and Legal Context in Irvine, CA:
When picking a Irvine, CA, drug charges lawyer, you should pick somone who has experience with the type of drug you're facing allegation for. Below, you can read about some of the most common substances that are the center of illegal drug cases in the state.
| 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. Use can cause both mood and psychedelic effects. |
| 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 | A class of drugs, including both prescription medications and fully illegal 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 | 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. |
Sentences vary significantly by the type of drug, how much there was, any prior convictions, and the act you're being accused of. 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 typically charged as 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 walk you through what you're actually facing.
Marijuana in Irvine, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because local laws allow for limited use, marijuana (AKA cannabis) allegations in Irvine, CA, typically center around when and where it is 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
- Typically, it is legal to grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Irvine, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, demonstrate that you did not exceed state limits, and/or show off the proper regulatory procedures which you adhered to.
Drug Charge Categories in Irvine, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Irvine, CA. We help defendants fight against all kinds of drug crime allegations. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Irvine, CA. They cover a wide range of substances and these charges can apply in any circumstance where you allegedly owned the illegal drugs, even if you didn't have them physically with you at the time.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Irvine, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can protect your freedom through diversionary programs, if applicable.
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 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
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. 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). When charged as a felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. Sale or transportation for sale is charged under HS 11352 (most substances) or HS 11379 (methamphetamine). Sentences for these charges can be even more severe — 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 may seem very different, but one thing connects them together: They don't qualify on their own. Before you can be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Irvine, 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. The difference is that the federal government is prosecuting you instead of the state government.
These can include anything from trafficking to taking part in a drug conspiracy, 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.
These are some of the most serious charges you can possibly face. And you need a an experienced criminal defense lawyer with the resources to fight the United States government. Our office will conduct investigations, research applicable laws, challenge evidence, and do whatever we can to secure a positive result for you.
The Intersection Between Drug Charges and DUIs in Irvine, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a many different 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 accused of this type of charge, you don't just need a drug charges lawyer. You also need a leading Irvine, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. But you need to act fast — in most cases, you need to request a hearing within ten days of your arrest.
Qualities in a Good Drug Charges Defense Lawyer
When you are considering your options for a drug charges lawyer in Irvine, CA, it can feel impossible trying to decide the right person to represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to look for in your drug defense attorney:
- Prior Experience defending clients in your situation
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your local county
- A Track Record of Positive Outcomes when fighting drug charges for clients
- 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 five decades of combined courtroom experience, including working for the district attorney's office. We have a wide reach with relationships across the state of California. And we have delivered positive results for Californians.
We don't make false promises about your case, and you can get a hold of us 24/7 if you have any questions or concerns.
Possible Defense Tactics Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Irvine, CA, criminal courts is there under different circumstances, and you should have a tailored defense strategy to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below 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.
- Didn't Belong to You: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In some 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: Not every case can result in a "not guilty" verdict, but there are occasions where a plea deal can lessen the impact of a conviction.
If someone's accused you of a drug crime in Irvine, CA, call the Law Offices of David S. Chesley now.
Irvine, CA, Drug Charge Diversion Options:
Irvine has diversion and treatment options available — be sure to ask your Irvine, CA, drug charges lawyer about whether or not they apply to your case. 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 a very desirable outcome for many people facing drug charges. It generally involves drug education classes, requirements to stay sober, and regular drug testing. The main reason people like to take advantage of PC 1000 is it prevents a conviction from going on your record. 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 takes a different approach than a typical diversion program.
Under the current 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.
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); if you don't take this option, you'll have to fight the felony charge, with a prison sentence of up to three years. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Irvine, CA, drug charges lawyer can help you understand whether you qualify for treatment options, explore sentencing and charge alternatives with you, and come up with a strategy that maximizes your chances of a positive outcome.
How a Drug Conviction in Irvine, CA, Affects Immigration Status
If you are not a U.S. citizen, you might have to defend yourself against removal as well as criminal charges — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with 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 can be a factor independent of whether or not the conviction includes a jail sentence.
Some important things to keep in mind:
- Simple possession for personal use (other than certain rare substances) is generally enough to qualify for removal, 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 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 is supposed to advise a client of these immigration consequences before a plea is entered. 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 the conviction, regardless of the sentence, has such a big immigration impact, you need to get expert help as soon as you're aware of an investigation. If you are a lawful permanent resident or visa holder up against a drug case, 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 you were able to take advantage of a diversion program like PC 1000 or Proposition 36, you may be able to have the arrest sealed or the record cleared — an attorney can help you explore these options.
If the police catch me with drugs in my possession, do I have to answer their questions?
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 a lawyer immediately — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can I get my record sealed after a drug conviction in Irvine, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, 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. To learn more about how to explore these paths, speak to an attorney today.
Is a first-time drug possession charge a felony in Irvine, CA?
It's rare for first-time possession cases to be charged as a felony in Irvine, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in Irvine, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Need a Drug Charges Lawyer in Irvine, CA? Call the Law Offices of David S. Chesley Today
You need help from experts in defending against drug charges It's important to fight for a positive outcome, and it depends on partnering with the right lawyer. Our team is ready to stand by your side.
The Irvine, 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 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 Irvine, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Irvine drug crimes defense attorney now at (800) 755-5174 or reach out online to set up a free, confidential review of your case.
Drug Charges Our Lawyers Fight in Irvine, 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)
Payment Plans
