Drug Charges Lawyer in Ontario, CA. There's no such thing as a "good" drug charge to be accused of in Ontario, 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 methamphetamine to opioids. But they all share one thing in common: Major legal consequences.
Don't let these accusations derail your life. You need Ontario, CA's leading criminal defense legal team on your case. You need the Law Offices of David S. Chesley.
Our local Ontario drug charges lawyers will be by your side from day one. We will give you honest advice, discuss defense tactics, and represent you all the way through trial. To start fighting the charges, contact our representatives at (800) 755-5174 or set up a free, confidential consultation right away.
Ontario, CA, Drug Charges Lawyer: Page Summary
On this page, you can learn about what a Ontario, CA, drug charges attorney can do to defend you, different types of charges you might face, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and more.
To focus on a particular topic, you can use the links in the list below to jump ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Ontario, CA
- Ontario, CA, Drug Types and Possible Penalties
- Different Types of Drug Crime Allegations in Ontario, CA
- Intersections Between Drugs and DUIs in Ontario
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Contact Your Ontario, CA, Drug Charges Attorney Now
- Every Drug Charge Our Lawyers Defend Against
Why You Need a Drug Charges Lawyer in Ontario, CA, NOW
Drug charges in Ontario, CA, always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning you're risking years in prison.
The first reason you need a drug charges lawyer without hesitation is to explain the charges. A simple possession case takes a different set of skills than a possession-for-sale case, and your defense attorney needs to know how to fight against whatever you've been accused of.
The second reason to get in touch with a local Ontario, 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, what was once just a possession charge could now be a trafficking charge. Your defense attorney can stop you from experiencing self-incrimination.
Finally, your drug charges attorney will leverage local court relationships to explore different defense avenues. Early intervention prevents the state from getting a lead on you, and we can even move to dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in Ontario, CA:
When you work with a Ontario, CA, drug charges lawyer, you want someone who has experience with the type of drug you're facing allegation for. In the following section, we've outlined some of the substances against which we have practice defending related charges.
| 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 | Also known as MDMA, Molly, and E. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant that can be either a powdered form or a solid rock (Crack) Long term use can dampen the brain's reward pathway. |
| 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 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. |
Sentences vary significantly by substance, how much there was, prior record, and the type of charge. 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 drug and quantity involved.
- Fentanyl is treated extra seriously: Proposition 36 (2024) created a list of drugs, including fentanyl, which can trigger felony enhancement if possessed along with a loaded firearm.
- Most of the time, federal drug charges result in harsher, longer sentences.
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 get an idea of what you're up against.
Marijuana in Ontario, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Since California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Ontario, CA, most often have more to do with how it was used, rather than just that it was 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
- In most cases, adults over 21 can grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your Ontario, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys are ready for your case. For example, we can argue that you were permitted to have cannabis, 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 Ontario, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Ontario, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in Ontario, CA. All illegal chemicals can fall under this umbrella, 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 Ontario, 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 has its own specific statute in 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 charges are almost always treated more harshly than possession/use charges. 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). 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. 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 they share one common attribute: They don't exist on their own. Before you can be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Ontario, 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 trafficking to drug smuggling, but normally it will involve large quantities and/or crossing state lines. The penalties are often much harsher, 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 who's prepared to battle the federal prosecutor. Our team of attorneys will conduct investigations, develop a strong defense strategy, challenge evidence, and make every effort to secure a favorable outcome for you.
Ontario, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in Ontario, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to driving after taking certain medications. 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 accused of this type of charge, you don't just need a drug charges lawyer. You also need a leading Ontario, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI accusations, you only have ten days after an arrest to request a hearing.
How to Find the Right Drug Crimes Defense Attorney
When you are considering your options for a drug charges lawyer in Ontario, CA, it can be overwhelming trying to decide who will best 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:
- Vast Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Relationships at the courts in your local county
- A Reputation of Delivering Positive Outcomes versus the prosecution in drug cases
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over 50 years 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.
You can trust us to always be upfront with 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. The details are different for every criminal case in Ontario, CA, and you should have a unique defense plan to match.
We'll listen to your story and craft a powerful defense to fit. Here 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.
- Somone Else's Drugs: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In rare cases, if an undercover police officer coerced you into breaking a drug law, you cannot be held liable for doing so.
- Prescription: This isn't an option for every offense and type of drug, but some accusations can be alleviated if you were legally prescribed the substance.
- Plea Negotiations: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you're facing drug crime charges in Ontario, CA, and need help, get in touch with the Law Offices of David S. Chesley for immediate help.
Ontario, CA, Drug Charge Diversion Options:
Ontario has diversion and treatment options available — be sure to ask your Ontario, 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 is an option that can give you a way to stay out of prison without going through a trial. If you participate in this, you can expect to participate in drug education classes, sobriety requirements, 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 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 approach drug offense diversion from a unique angle.
Under the current law, individuals with two or more prior drug convictions can now be charged with a "treatment-mandated felony" for offenses that might otherwise have been charged as misdemeanors. 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 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 Ontario, 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.
Drug Convictions' Impact on Immigration Status
For immigrants in Ontario, CA, a drug conviction can be far more damaging than the criminal penalty alone — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
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.
Important factors to be aware of:
- Simple possession for personal use (for the majority of drugs) is generally grounds for deportation, 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 significantly more serious. They are often considered 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 inform you about these immigration implications prior to entering your plea. An attorney who understands both sides can negotiate a resolution — such as a plea deal for a different offense, or a disposition that avoids 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 facing any drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge 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 able to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
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 expunge a previous drug conviction in Ontario, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though this can be affected based on the charge you were convicted of, and any previous convictions. This isn't as definitive of an answer in regards to immigration, though: The federal government will still be able to see the conviction, 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?
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. 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 Ontario, CA?
It's rare for first-time possession cases to be charged as a felony in Ontario, CA — they're typically treated as misdemeanors. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Need a Drug Charges Lawyer in Ontario, CA? Call the Law Offices of David S. Chesley Today
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on working with the right defense attorney. We are ready to take your case.
The Ontario, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We have former prosecutors on our team who know how the state builds its case. 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 Ontario, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Ontario drug charges defense lawyer right away at (800) 755-5174 or tell us about your case online for a no-strings case evaluation.
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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