Drug Charges Lawyer in Palm Desert, CA. Whatever drug accusations you're facing in Palm Desert, CA, it's not an easy thing to handle. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These statutes regulate substances from cannabis to opioids. 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 Palm Desert, CA's leading criminal defense attorney on your side. You need the Law Offices of David S. Chesley.
Our local Palm Desert drug charges lawyers are ready for your case today. We will explore possible defenses, explain your best options, and fight for the best deal or other outcome in your case. To begin building your defense, call our team at (800) 755-5174 or send us a note online right away.
Palm Desert, CA, Drug Charges Lawyer: Page Summary
On this page, we will go over what a Palm Desert, CA, drug charges attorney can do to defend you, categories of drug crime allegations in Palm Desert, the key factors you want your defense team to have, gameplans our attorneys use against drug accusations, and the intersection between drug charges and DUIs in Palm Desert.
To learn about a specific topic, click on the appropriate link in the list below to skip ahead and learn more:
- What Your Palm Desert, CA, Drug Crimes Lawyer Will Do For You
- Popular Drug Types and Their Penalties
- Categories of Drug Charges in Palm Desert, CA
- How Drugs Can Affect DUI Charges in Palm Desert
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Get in Touch With a Drug Charges Lawyer in Palm Desert, CA, Today
- Every Drug Charge Our Team Will Fight Against
Why You Need a Drug Charges Lawyer in Palm Desert, CA, NOW
There's no such thing as a "minor" drug charge in Palm Desert, CA. Two people who committed similar acts can face very different charges, meaning you're risking years in prison.
The first reason you should contact a drug charges lawyer immediately is to explain the charges. A simple possession case takes a different set of skills than a drug trafficking case, and your defense attorney should have strategies to defend against whatever you've been accused of.
The second reason to get in touch with a local Palm Desert, CA, drug charges lawyer as soon as you've been accused is to protect yourself from mistakes. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. A drug charges lawyer can advise what to share and what not to share with the state.
Additionally, your drug charges attorney will open doors for new strategies through plea negotiations. Early intervention gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if the evidence is in your favor.
Palm Desert, CA, Drug Types and Their Penalties:
When deciding on a Palm Desert, CA, drug charges lawyer, you should pick somone who has experience with the type of drug you're facing allegation for. Below, we've listed what types of drugs we most frequently defend charges for in Palm Desert, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | Also known as MDMA, Molly, and E. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive stimulant which can cause intense effects It is taken in a variety of ways. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | A category of addictive painkillers. 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 | An extremely dangerous type of opioid — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Penalties vary significantly by substance, how much there was, prior record, and whether the charge is possession, possession-for-sale, or sale/transport. As a general framework:
- Simple possession of most controlled substances is typically charged as a misdemeanor, punishable by up to one year in county jail, though certain substances and circumstances can elevate this.
- Possession for sale, sale, transport, or manufacturing are are more serious charges. Most accusations are felonies, and the sentence can change based on the specific substance and quantity involved.
- Fentanyl is treated extra seriously: Proposition 36 (2024) added fentanyl alongside cocaine, heroin, and methamphetamine to a list of drugs that trigger felony enhancement when possessed together with a loaded firearm, and it increased sentencing exposure tied to quantity for several substances.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
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 find a strategy to minimize negative consequences.
Marijuana in Palm Desert, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, letting people use it recreationally.
Because California no longer criminalizes using it, marijuana (AKA cannabis) charges in Palm Desert, CA, typically have more to do with how it was used, rather than just that it was used. As an 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
- Generally, adults over 21 can grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your Palm Desert, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys can help. For example, we can argue that you were permitted to have cannabis, demonstrate that you did not exceed state limits, and/or show off the proper regulatory procedures which you adhered to.
Drug Charge Categories in Palm Desert, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Palm Desert, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. 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
Possession charges are the first level of drug charges in Palm Desert, 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 Palm Desert, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, 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 is instead covered by HS 11377. Generally, these possession charges are handled as misdemeanors.
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: The two main possession for sale charges you will see in Palm Desert, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). 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). These charges carry longer exposure — 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 may seem very different, but all have one thing in common: They don't qualify 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 Palm Desert, 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. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from trafficking to drug smuggling, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. Sentences are often more severe, such as a life sentence and substantial fines.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a an experienced criminal defense lawyer who has the strength to fight the federal prosecutor. Our office will protect your rights, research applicable laws, dissect the case against you, and make every effort to secure a favorable outcome for your case.
The Intersection Between Drug Charges and DUIs in Palm Desert, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a several 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 only has a "zero tolerance" law people who are underage).
When up against this type of charge, you don't just need a drug charges lawyer. You also need an expert Palm Desert, CA, DUI defense lawyer who argue for 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.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in Palm Desert, CA, it can feel impossible trying to decide who will best represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to find in your drug allegations defense attorney:
- Extensive Experience fighting these cases in court
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your local county
- A Reputation of Delivering Success when fighting drug charges for clients
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we can deliver on all of these needs. 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 delivered many victories for our clients.
We will always be honest with you about the state of your case, and you can call us 24/7 if you have any questions or concerns.
Powerful Drug Crime Accusation Defenses
The statute you violated may not be unique, but your case is. The details are different for every criminal case in Palm Desert, CA, and you should have a customized defense plan to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some strong 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.
- 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 rare cases, if an undercover officer coerced you into violating the law, you can be found innocent of the criminal charges.
- 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 need a drug crimes defense attorney in Palm Desert, CA, get in touch with our firm for immediate help.
Palm Desert, CA, Drug Charge Diversion Options:
Palm Desert has diversion and treatment options available, which your Palm Desert, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must meet legal guidelines. Here are a couple of programs that might apply in your case:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is a very desirable outcome for many people facing drug charges. It generally involves drug education classes, requirements to stay sober, 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 version, 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.
Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); if you don't take this option, you'll have to fight the felony charge, including up to three years in custody. 2024's Proposition 36 also heightened potential drug crime sentences, depending on the quantity and type of substance, and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Palm Desert, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and fight to keep a conviction off your record.
Immigration Consequences of a Drug Conviction
For immigrants in Palm Desert, CA, 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.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with a sole 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 regardless of whether the state court sentence includes any jail time.
Some important things to keep in mind:
- Simple possession for personal use (for the majority of drugs) is ordinarilly grounds for deportation, 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 with little to no opportunity for relief or future re-entry.
- 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 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 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 up against a drug case, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Allegation Defense Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
An arrest can appear on some background checks even without a conviction. 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 need to answer police questions if I have illegal drugs on me?
No. You have the right to remain silent and the right to an attorney. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for an attorney right away — if you say the wrong thing, you could end up facing harsher charges.
Can I get my record sealed after a drug conviction in Palm Desert, 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. 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 immigration-aware counsel handling both the criminal case and any later cleanup.
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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Is a first-time drug possession charge a felony in Palm Desert, CA?
For most first-time possession cases in Palm Desert, CA, you'll only face a misdemeanor charge. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Palm Desert, CA
This isn't a time to settle for "good enough." Your freedom is important, and it depends on partnering with the right attorney. We are ready to take your case.
The Palm Desert, 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.
We also aid with the following legal services in Palm Desert, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Palm Desert drug defense attorney right away at (800) 755-5174 or reach out online for a free 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)
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