Drug Charges Lawyer in Orange, CA. Drug crimes in Orange, CA, come in many forms. Everything from manufacturing to simple possession can send you to jail. These laws regulate substances from prescription medications 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.
Don't let these accusations derail your life. You need Orange, CA's leading criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Orange drug charges lawyers know the ins and outs of California drug laws. We will research the statute in detail, explain your best options, and represent you all the way through trial. To start fighting the charges, contact our representatives at (800) 755-5174 or tell us about your case online right away.
Orange, CA, Drug Charges Lawyer: Page Summary
On this page, you can learn about what a Orange, CA, drug charges attorney can do to defend you, the types of substances considered illegal in Orange, the key factors you want your defense team to have, gameplans our attorneys use against drug accusations, and more.
To learn about a specific topic, click on the appropriate link in the following menu to jump ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Orange, CA
- Popular Drug Types and Potential Penalties
- Categories of Drug Crime Allegations in Orange, CA
- DUIs and Drug Charges Defense in Orange, CA
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Contact Your Orange, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Firm Will Defend Against
Why You Need a Drug Charges Lawyer in Orange, CA, NOW
Drug charges in Orange, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning you're risking years in prison.
The first reason you should work with a drug charges lawyer immediately is to help you interpret the law. A simple possession case needs a different strategy than a possession-for-sale case, and your drug defense attorney should understand how to defend against whatever you've been accused of.
The second reason to contact a local Orange, CA, drug charges lawyer right away 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. A drug charges attorney can advise what to share and what not to share with the state.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Connecting with a lawyer early 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.
Orange, CA, Drug Types and Their Penalties:
When picking a Orange, CA, drug charges lawyer, you should go with an attorney who can defend charges related to the specific kind of drug in the allegations. Below, we've listed 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 | A man-made psychoactive drug. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive drug which can cause intense effects 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 | A highly refined type of opioid. Courts and prosecutors often treat heroin charges harshly. |
| Fentanyl | An extremely dangerous type of opioid — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Potential legal consequences vary significantly based on substance, quantity, your criminal record, and the accusation you're facing. 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 amount 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.
- 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 Orange, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Since California no longer criminalizes using it, marijuana (AKA cannabis) cases in Orange, CA, most often have more to do with how it was used, rather than just that it was 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
- Typically, it is legal to grow up to six marijuana plants for recreational purposes
- Federal law still makes marijuana usage illegal.
How Your Orange, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, we are ready for your case. For example, we can argue that you were permitted to have cannabis, show that you did not violate any regulations, and/or show off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Orange, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Orange, CA. Whatever charges you are facing, we're ready to defend your innocence. 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
The most common drug charges in Orange, 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 Orange, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, 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 specifically falls under HS 11377. Generally, these possession charges are handled as misdemeanors.
Drug Production/Transport/Distribution Charges
While drug possession and use charges target the buyer, drug production, transportation, and distribution charges target the 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 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. As a straight 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). If convicted, you are looking at an even harsher sentence — 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 cover a variety of situations, but all have one thing in common: They don't stand on their own. In order to be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Orange, 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 manufacturing 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.
It's hard to think of many charges worse to face than this. And you need a a seasoned criminal defense lawyer with the resources to match the federal prosecutor. Our office will protect your rights, develop a strong defense strategy, review evidence, and make every effort to secure a positive outcome for you.
DUIs and Drug Charges Defense in Orange, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a wide range of circumstances, 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 taken into custody if there is any amount of THC in your system while driving (as opposed to alcohol).
When facing this type of charge, you don't just need a drug charges lawyer. You also need an expert Orange, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, you need to request a hearing within ten days of your arrest.
What to Look For in a Drug Charges Lawyer
When you are considering your options for a drug charges lawyer in Orange, CA, it can be overwhelming trying to decide who will best represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to find in your drug crimes defense attorney:
- Prior Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Relationships at the courts in your jurisdiction
- A Reputation of Delivering Success against the state for these charges
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, our firm fulfills all of these requirements. We have over 50 years of combined courtroom experience, including working for the district attorney's office. We know judges and attorneys throughout California. And we have a history of delivering positive outcomes for Californians.
You can trust us to always be upfront with your case, and you can call us 24/7 if you need anything from our offices.
Possible Defense Tactics Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Orange, 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 strong strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- Not Your Drugs: 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 law enforcement agent coerced you into violating the law, you may be exempt from a conviction.
- 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you've been accused of a drug crime in Orange, CA, contact our firm for immediate help.
Orange, CA, Drug Charge Diversion Options:
Orange has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Orange, 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. 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 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 works differently than a traditional diversion program.
Under the modern rules, 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. Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, you avoid a conviction; if you don't take this option, you'll have to fight the felony charge, and risking up to three years behind bars. 2024's Proposition 36 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 Orange, CA, drug charges lawyer can help you understand whether you qualify for treatment options, advocate for that path where it's available, and stand by your side no matter which route you take.
Immigration Consequences of a Drug Conviction
If you are not a U.S. citizen, you're facing even more serious consequences than a U.S. citizen — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
Most drug charge convictions are grounds for deportation, but there is one narrow exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for most substances) is generally 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 not treated as lightly. They are typically classified as 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 has a constitutional duty to tell you about these immigration consequences before you make a plea. Our firm works hard to find outcomes — such as a plea to a non-drug 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 immigration consequences are triggered by conviction, not just sentence, 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 fighting a drug charge, 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 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. Politely decline to answer questions beyond identifying yourself, and request counsel right away — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Orange, CA?
The answer depends on the specific charge and your sentence. Penal Code 1203.4 allows for expungement in many cases after completing probation, 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. 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 Orange, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. This isn't true for every drug charge in Orange, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Talk to a Drug Charges Defense Lawyer in Orange, CA, Today
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on picking the right defense lawyer. We are ready to take your case.
The Orange, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have relationships in courts across California. 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 Orange, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Orange drug charges lawyer today at (800) 755-5174 or reach out online to schedule a no-strings review of your case.
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)
Payment Plans
