Drug Charges Lawyer in Los Angeles, CA. There are a wide variety of drug laws you can be charged with breaking in Los Angeles, CA. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from methamphetamine to heroin. Regardless of the type of substance or specific law you're accused of breaking, on your own, you're staring down massive punishments if convicted.
You need representation that will fight for your freedom. You need Los Angeles, CA's premier criminal defense legal team defending your rights. You need the Law Offices of David S. Chesley.
Our local Los Angeles drug charges lawyers will be by your side from day one. We will research the statute in detail, explain your best options, and fight for the best deal or other outcome in your case. To start fighting the charges, call our attorneys at (800) 755-5174 or use our contact form now.
Los Angeles, CA, Drug Charges Lawyer: Page Summary
In this article, you can read about the importance of having a drug defense lawyer in Los Angeles, CA, the types of substances considered illegal in Los Angeles, the qualities your attorney should have, effective defense tactics against all sorts of charges, and diversionary programs we can help you explore.
If you want to read about a particular topic, you can use the links below to skip ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Los Angeles, CA
- Common Drug Types and Their Penalties
- Different Types of Drug Charges in Los Angeles, CA
- How Drugs Can Affect DUI Charges in Los Angeles
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Los Angeles, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Crime FAQs
- Get in Touch With a Drug Charges Lawyer in Los Angeles, CA, Today
- All Drug Crime Allegations Our Firm Will Defend Against
Get Help From a Los Angeles, CA, Drug Charges Lawyer IMMEDIATELY
Drug charges in Los Angeles, 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 years in prison.
The first reason you should contact a drug charges lawyer without hesitation is to give you an understanding of the accusations. A simple possession case takes a different set of skills than a drug manufacturing case, and your defense attorney should have strategies to defend against whatever you've been accused of.
The second reason to contact a local Los Angeles, CA, drug charges lawyer early in the defense process is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges lawyer can help you talk to police the right way, instead of incriminating yourself.
Finally, your drug charges lawyer 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 can even give you a better chance of having the court dismiss charges if we can act before the state builds a compelling case.
Common Drug Types in Los Angeles, CA, Legal Cases:
When you work with a Los Angeles, CA, drug charges lawyer, you want someone who can defend charges related to the specific kind of drug in the allegations. Below, we've listed some of the most common substances that are the center of illegal drug cases in the state.
| 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 | A synthetic drug closely related to methamphetamine. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug derived from a South American plant It is taken in a variety of ways. |
| 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. 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. |
Penalties vary significantly based on the type of drug, how much there was, any prior convictions, and the act you're being accused of. As a general framework:
- 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 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.
- 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 walk you through what you're actually facing.
Marijuana in Los Angeles, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. While the state used to have laws against its use, in 2016 the state passed Proposition 64, legalizing its recreational use.
Since California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Los Angeles, CA, most often center around when and where it is used. For 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:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Generally, adults over 21 can grow up to six marijuana plants for recreational purposes
- Still illegal to use or possess under federal law.
How Your Los Angeles, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we will fight to defend you. For example, we can argue that you were permitted to have cannabis, 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 Los Angeles, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Los Angeles, CA. Whatever charges you are facing, we're ready to defend your innocence. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
The most common drug charges in Los Angeles, 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 Los Angeles, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can advocate for diversionary programs to keep you out of jail.
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
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: 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 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. Unlike simple possession, these charges are generally not eligible for PC 1000 or Prop 36 treatment diversion unless your attorney can negotiate the charge down to simple possession.
Drug Charge Enhancements
California's drug charge enhancement laws may seem very different, but one thing connects them together: They don't exist in a vacuum. To be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Los Angeles, 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 distinction is that the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to taking part in a drug conspiracy, but most often 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 an experienced criminal defense lawyer who's prepared to match the United States government. Our firm will conduct investigations, research applicable laws, review evidence, and do whatever we can to secure a positive outcome for your case.
Los Angeles, CA Drug Charges and DUIs
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a wide range of situations, including everything from driving while high on marijuana to driving after taking certain medications. 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 accused of drug DUI charges, you need more than a drug charges lawyer. You also need an expert Los Angeles, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI 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 Los Angeles, CA, to take your case, it can be a challenge trying to decide who will best represent you. With so much at stake, you don't want to make the wrong choice.
These are the main qualities you want to see in your drug allegations defense attorney:
- Extensive Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your jurisdiction
- A History 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 50 years of combined legal experience, including former prosecutors. We know judges and attorneys throughout 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 have any questions or concerns.
Ways Our Lawyers Defend Against Drug Charges
Your charges might be the same as someone else's, but your case is unique. Everyone in the Los Angeles, CA, criminal courts is there under different circumstances, and you should have a tailored defense strategy to protect you.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some of the possible strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: By getting evidence thrown out, the case against you can be weakened.
- 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.
- Didn't Belong to You: 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 law enforcement agent 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: 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 someone's accused you of a drug crime in Los Angeles, CA, call an attorney at our offices now.
Los Angeles, CA, Drug Charge Diversion Options:
Los Angeles has diversion and treatment options available — be sure to ask your Los Angeles, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must meet legal guidelines. 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. If you participate in this, you can expect to participate in 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, 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 works differently than a traditional diversion program.
Under the modern rules, 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.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the case can be dismissed with the arrest 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 the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Los Angeles, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
How a Drug Conviction in Los Angeles, 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 — 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 narrow 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 applies regardless of whether the state court sentence includes any jail time.
Some important things to keep in mind:
- Simple possession for personal use (other than certain rare substances) is normally a deportable offense, 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 a criminal record can bring immigration consequences regardless of the sentence, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are a non-citizen facing any drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
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 — an attorney can help you explore these options.
Do I have to talk to police if I'm caught with drugs?
No. The Fifth Amendment gives you the right to remain silent during questioning. Politely decline to answer questions beyond identifying yourself, and request counsel immediately — making a mistake early on can cause major consequences down the line.
Can I get my record sealed after a drug conviction in Los Angeles, 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 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?
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 applies to repeat offenders facing a treatment-mandated felony and requires completing a court-supervised treatment program to avoid the felony consequences. 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 Los Angeles, CA?
For most first-time possession cases in Los Angeles, CA, you'll only face a misdemeanor charge. This isn't true for every drug charge in Los Angeles, though: More serious allegations like selling drugs 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 Los Angeles, CA
These charges need to be treated seriously Your freedom is important, and it depends on working with the right law firm. Fortunately, we're here to help.
The Los Angeles, CA, drug charges lawyers at the Law Offices of David S. Chesley takes advantage of every opportunity we find to deliver positive results for clients. We are prepared to defend you against a variety of drug charges, both misdemeanor and felony. We explore every avenue to find the right path forward for our clients.
The Law Offices of David S. Chesley also offers the following legal services in Los Angeles, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Los Angeles drug crimes defense attorney right away at (800) 755-5174 or reach out online to set up a no-strings 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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