Drug Charges Lawyer in Mission Viejo, CA. There are a wide variety of drug laws you can be charged with breaking in Mission Viejo, CA. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These charges can include all kinds of substances from methamphetamine to heroin. If found guilty, you can face life-altering consequences.
You need someone who can guide you to a positive outcome. You need Mission Viejo, CA's leading criminal defense law firm in your corner. You need the Law Offices of David S. Chesley.
Our local Mission Viejo drug charges lawyers are avaialble 24/7 to help you. We will explore possible defenses, explain your best options, and represent you all the way through trial. To begin fighting the charges, call our legal team at (800) 755-5174 or send us a note online today.
Mission Viejo, CA, Drug Charges Lawyer: Page Summary
Below, we will go over the importance of having a drug defense lawyer in Mission Viejo, 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 more.
If you want to read about a particular topic, you can use the links in the following menu to skip ahead and learn more:
- What Your Mission Viejo, CA, Drug Crimes Lawyer Will Do For You
- Mission Viejo, CA, Drug Types and Their Penalties
- Categories of Drug Crime Allegations in Mission Viejo, CA
- How Drugs Can Affect DUI Charges in Mission Viejo
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Mission Viejo, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Allegation FAQs
- Need a Drug Charges Lawyer in Mission Viejo, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Lawyers Fight Against
Don't Waste Time: Contact a Mission Viejo, CA, Drug Charges Lawyer RIGHT AWAY
If you've been accused of a drug crime in Mission Viejo, CA, it's a big deal, no matter what. There can be leeway in what the prosecution decides to charge you with, meaning you can always face felony consequences.
The first reason you need a drug charges lawyer as soon as possible is to explain the charges. A simple possession case needs a different strategy than a possession-for-sale case, and your defense attorney should understand how to defend against whatever you've been accused of.
The second reason to contact a local Mission Viejo, 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 defense attorney can help you talk to police the right way, instead of incriminating yourself.
Additionally, your drug charges lawyer will open doors for new strategies through plea negotiations. Acting fast prevents the state from getting a lead on you, and can even give you a better chance of having the court dismiss charges if we act early enough.
Drug Types and Legal Context in Mission Viejo, CA:
When deciding on a Mission Viejo, CA, drug charges lawyer, you should go with an attorney who can defend charges related to the specific kind of drug in the allegations. In the following section, we've listed some of the substances against which we have practice defending related charges.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | A synthetic drug closely related to methamphetamine. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) It is taken in a variety of ways. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | Class of drugs originally intended for use as pain relievers. 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. |
Potential legal consequences vary significantly by the type of drug, quantity, your criminal record, and the act you're being accused of. As an overview:
- 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 are more serious charges. Most accusations are felonies, with sentencing ranges that depend heavily on the specific drug and quantity involved.
- Fentanyl cases are particularly harsh: Proposition 36 (2024) created a list of drugs, including fentanyl, which can trigger felony enhancement if possessed along with a loaded firearm.
- 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 our office for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Mission Viejo, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, letting people use it recreationally.
Because local laws allow for limited use, marijuana (AKA cannabis) cases in Mission Viejo, CA, typically often revolve around who was using it and whether that person was exceeding legal limits. 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, it is legal to grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Mission Viejo, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. For example, we can argue that you were permitted to have cannabis, show that you did not violate any regulations, and/or show that it was properly handled at all times.
Different Types of Drug Charges in Mission Viejo, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Mission Viejo, CA. We help defendants fight against all kinds of drug crime allegations. 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 Mission Viejo, 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 Mission Viejo, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can be by your side every step of the way.
Relevant statutes: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine is instead covered by HS 11377. Generally, these possession charges are handled as misdemeanors.
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 positive outcome in these cases is often taking a plea deal for a lesser charge. Your drug crimes defense attorney can help you negotiate a favorable deal.
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. When charged as a felony, 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). 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 can be very different from each other, but all have one thing in common: They don't stand on their own. To be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Mission Viejo, 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 distinction is that the federal government is prosecuting you instead of the state government.
These can include anything from production to transportation to drug smuggling, 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.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a a seasoned criminal defense lawyer who has the strength to battle the federal prosecutor. Our firm will learn your side of the story, research applicable laws, review evidence, and do whatever we can to secure a favorable result for you.
The Intersection Between Drug Charges and DUIs in Mission Viejo, CA
DUIs and drug charges don't always go together in Mission Viejo, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover a several circumstances, including everything from driving while high on marijuana to prescription drug usage. 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 up against this type of charge, you need more than a drug charges lawyer. You also need a leading Mission Viejo, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. But you need to act fast — in most cases, if you wait longer than ten days to request a hearing, you lose your chance.
How to Find the Right Drug Crimes Defense Attorney
If you're looking for a drug charges lawyer in Mission Viejo, CA, it can feel impossible trying to decide which one to represent you. Your life may depend on it, after all.
Here are the top factors you want to find in your drug crimes defense attorney:
- Extensive Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships with prosecutors and judges in your local county
- A Track Record of Victories against the state for these charges
- Availability Anytime in case an emergency occurs and you need help
At the Law Offices of David S. Chesley, our firm fulfills all of these requirements. We have over five decades of combined legal experience, including former prosecutors. We have a wide reach with relationships across the state of California. And we have delivered many victories 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.
Ways Our Lawyers Defend Against Drug Charges
Whatever law you're accused of breaking, you have your own unique story to tell. Everyone in the Mission Viejo, CA, criminal courts is there under different circumstances, and you should have a unique defense strategy to match.
We'll listen to your story and craft a powerful defense to fit. Below are some strong 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: 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 some cases, if an undercover police officer coerced you into buying or using illicit drugs, you can be found innocent of the criminal charges.
- 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 Mission Viejo, CA, contact the Law Offices of David S. Chesley today.
Mission Viejo, CA, Drug Charge Diversion Options:
Mission Viejo has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Mission Viejo, 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. These are some of the :
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, 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 helps you avoid 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 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 case can be dismissed with the arrest sealed; fail or refuse treatment, and you face the 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 firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Mission Viejo, 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.
Drug Convictions' Impact on Immigration Status
For immigrants in Mission Viejo, CA, 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.
Most drug charge convictions are grounds for deportation, but there is a sole 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 (for most substances) is normally grounds for deportation, 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 has a constitutional duty to tell you about these immigration consequences before you make a plea. We will fight for an outcome — such as a plea deal to another, non-drug charge, or a disposition that avoids specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
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 fighting 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.
Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
Even if there isn't a criminal conviction, a background check can still show your arrest. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be eligible to have the arrest sealed or the record cleared — your drug charges defense lawyer can help you navigate these options.
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 decline to answer questions beyond identifying yourself, and ask for a lawyer immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in Mission Viejo, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, 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 to work with an experienced drug crimes attorney who also practices immigration law.
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. 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. To learn more about how to explore these paths, speak to an attorney today.
Is a first-time drug possession charge a felony in Mission Viejo, CA?
It's rare for first-time possession cases to be charged as a felony in Mission Viejo, CA — they're typically treated as misdemeanors. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
The Law Offices of David S. Chesley Is Ready to Be Your Mission Viejo, CA, Drug Charges Lawyer
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on working with the right attorney. We are ready to take your case.
The Mission Viejo, 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 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 Mission Viejo, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Mission Viejo drug defense attorney right away at (800) 755-5174 or use our online contact form to schedule a no-strings review of your case.
Drug Charges Our Lawyers Fight in Mission Viejo, 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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