Drug Charges Lawyer in Murrieta, CA. There's no such thing as a "good" drug charge to be accused of in Murrieta, CA. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from methamphetamine to fentanyl. 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.
Get help before it's too late. You need Murrieta, CA's leading criminal defense lawyer on your case. You need the Law Offices of David S. Chesley.
Our local Murrieta drug charges lawyers are avaialble 24/7 to help you. We will explore possible defenses, identify weaknesses in the prosecution's case, and represent you all the way through trial. To begin fighting the charges, call our lawyers at (800) 755-5174 or tell us about your case online now.
Murrieta, CA, Drug Charges Lawyer: Page Summary
Below, you can read about how a Murrieta, CA, drug defense attorney will protect your rights, different types of charges you might face, the key factors you want your defense team to 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 jump ahead and learn more:
- What Your Murrieta, CA, Drug Crimes Lawyer Will Do For You
- Murrieta, CA, Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Murrieta, CA
- How Drugs Can Affect DUI Charges in Murrieta
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Murrieta, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Murrieta, CA, Today
- All the Drug Charges Our Attorneys Fight Against
Don't Waste Time: Contact a Murrieta, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Murrieta, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning there's always a risk of years in prison.
The first reason you need a drug charges lawyer right away is to give you an understanding of the accusations. A simple possession case shouldn't be treated the same as a drug trafficking case, and your drug defense attorney needs to know how to defend your particular charges.
The second reason to contact a local Murrieta, 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, you could see simple possession allegations elevated to possession-for-sale accusations. Your 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. Early intervention prevents the state from getting a lead on you, and we can even move to dismiss charges if we act early enough.
Murrieta, CA, Drug Types and Their Penalties:
When you work with a Murrieta, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. Below, you can read about what types of drugs we most frequently defend charges for in Murrieta, CA.
| 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. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive stimulant which can cause intense effects 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 natural and synthetic types. 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 | 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 substance, quantity, any prior convictions, and the accusation you're facing. For some typical accusations:
- 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, and the sentence can change based 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.
Every case is unique, and it can be hard to find answers on your own — call us for a free case review and we'll help you find a strategy to minimize negative consequences.
Marijuana in Murrieta, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because local laws allow for limited use, marijuana (AKA cannabis) allegations in Murrieta, CA, frequently have more to do with how it was used, rather than just that it was used. For 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
- In most cases, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Murrieta, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we are ready for your case. For example, we can show the legality of your ownership, argue that you remained within legal limitations, and/or make the case that no laws were violated in the handling of the plant.
Drug Charge Categories in Murrieta, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Murrieta, 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
Drug possession charges are some of the most basic in Murrieta, 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 Murrieta, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can advocate for diversionary programs to keep you out of jail.
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. 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: 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. HS 11352 converse sale or transportaiont charges for most substances, while HS 11379 does the same for 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 can be very different from each other, but they share one common attribute: They don't exist in a vacuum. Before you can be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Murrieta, 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 you're fighting against the federal government instead of the local Murrieta prosecutor.
These can include anything from trafficking to running a drug ring, but most often will involve large quantities and/or crossing state lines. Sentences are often more severe, such as a life sentence and substantial fines.
These are some of the most serious charges you can possibly face. And you need a an experienced criminal defense lawyer who has the strength to match the United States government. Our office will protect your rights, research applicable laws, dissect the case against you, and do whatever we can to secure a favorable outcome for you.
DUIs and Drug Charges Defense in Murrieta, CA
DUIs and drug charges don't always go together in Murrieta, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover a wide range of situations, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. What's worse, 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 facing drug DUI charges, you don't just need a drug charges lawyer. You also need a leading Murrieta, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI cases, you need to request a hearing within ten days of your arrest.
Qualities in a Good Drug Charges Defense Lawyer
When picking a drug charges lawyer in Murrieta, CA, to take your case, it can be overwhelming 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 find in your drug allegations defense attorney:
- Extensive Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your local county
- A Reputation of Delivering 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, we embody each of these qualities. 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 a history of delivering positive outcomes for our clients.
We will always be honest with you about the state of your case, and you can get a hold of us 24/7 if you have any questions or concerns.
Powerful Drug Crime Accusation Defenses
Your charges might be the same as someone else's, but your case is unique. No two cases in Murrieta, CA, are identical, and you should have a tailored defense plan to match.
We'll listen to your story and craft a powerful defense to fit. Here are some of the possible 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 some cases, if an undercover police officer coerced you into breaking a drug 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 you're facing drug crime charges in Murrieta, CA, and need help, reach out to one of our attorneys today.
Murrieta, CA, Drug Charge Diversion Options:
Murrieta has diversion and treatment options available, which your Murrieta, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must fit certain criteria. 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, sobriety requirements, 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 works differently than a traditional diversion program.
Under the 2024 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; 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 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 Murrieta, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, help you decide what route to take, and stand by your side no matter which route you take.
How a Drug Conviction in Murrieta, CA, Affects Immigration Status
For immigrants in Murrieta, CA, 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.
Most drug charge convictions are grounds for deportation, but there is one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can impact 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 most substances) is generally a deportable offense, 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 not treated as lightly. They are typically classified 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 inform you about these immigration implications prior to entering your plea. Our firm works hard to find outcomes — such as a plea deal to another, non-drug charge, 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 immigration consequences are triggered by conviction, not just 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 up against a drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge 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. 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.
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 but firmly refuse to answer any questions outside of providing your identity, and request counsel right away — 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 Murrieta, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though whether or not you are eligible can be affected by the specific charge and your previous conviction record. The conviction can still potentially be used as grounds for deportation, though, which is why green card and visa holders need immigration-aware counsel handling both the criminal case and any later cleanup.
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 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 Murrieta, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Talk to a Drug Charges Defense Lawyer in Murrieta, CA, Today
These charges need to be treated seriously Your future matters, and it depends on partnering with the right defense attorney. Our team is ready to stand by your side.
The Murrieta, 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 will always be honest with you and will fight for the best outcome possible.
Our firm can also assist you with the following legal services in Murrieta, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Murrieta drug defense attorney today at (800) 755-5174 or use our online contact form to set up 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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