Drug Charges Lawyer in Palm Springs, CA. There are a wide variety of drug laws you can be charged with breaking in Palm Springs, CA. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from prescription medications to fentanyl. If found guilty, you can face life-altering consequences.
You need representation that will fight for your freedom. You need Palm Springs, CA's leading criminal defense attorney on your side. You need the Law Offices of David S. Chesley.
Our local Palm Springs drug charges lawyers are avaialble 24/7 to help you. We will listen to you explain your side of the story, identify weaknesses in the prosecution's case, and represent you all the way through trial. To begin building your defense, contact our legal team at (800) 755-5174 or use our contact form today.
Palm Springs, CA, Drug Charges Lawyer: Page Summary
On this page, you can read about the importance of having a drug defense lawyer in Palm Springs, CA, different types of charges you might face, the key factors you want your defense team to have, strategies we may use in your case, and diversionary programs we can help you explore.
To learn about a specific topic, click on the appropriate link in the list below to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Palm Springs, CA, NOW
- Popular Drug Types and Possible Penalties
- Categories of Drug Charges in Palm Springs, CA
- DUIs and Drug Charges Defense in Palm Springs, CA
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Palm Springs, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Palm Springs, CA, Today
- Every Drug Charge Our Team Will Defend Against
Why You Need a Drug Charges Lawyer in Palm Springs, CA, NOW
Drug charges in Palm Springs, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning you can always face years in prison.
The first reason you should contact a drug charges lawyer immediately is to help you understand the charges. A simple possession case looks very different from a drug manufacturing case, and your defense attorney should have strategies to defend against whatever you've been accused of.
The second reason to call a local Palm Springs, CA, drug charges lawyer first thing in your case is to protect yourself from mistakes. If you say something incorrect in an interrogation, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges attorney can stop you from experiencing self-incrimination.
On top of that, your drug charges attorney will open doors for new strategies through plea negotiations. Connecting with a lawyer early gives you a head start against the state, and we can even move to dismiss charges if the evidence is in your favor.
Common Drug Types in Palm Springs, CA, Legal Cases:
When deciding on a Palm Springs, CA, drug charges lawyer, you should pick somone who has experience with the type of drug you're facing allegation for. Below, we've outlined some of the most common substances that are the center of illegal drug cases in the state.
| 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. A stimulant often used at parties. |
| Cocaine | A highly addictive stimulant derived from a South American plant Its use can harm the brain, as well as several other organs. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| 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. The state tends to impose harsh penalties in heroin cases. |
| 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 based on the type of drug, quantity, any prior convictions, and the act you're being accused of. As an overview:
- As long as you are only accused of simple possession, you can typically expect misdemeanor charges. These carry a maximum jail sentence of one year. However, keep in mind misdemeanor charges aren't a guarantee, and prosecutors treat some substances more harshly than others.
- Possession for sale, sale, transport, or manufacturing are typically charged as felonies, with sentencing ranges that depend heavily on the specific substance 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.
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 Palm Springs, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because it has been legalized for recreational use, marijuana (AKA cannabis) accusations in Palm Springs, 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:
- Legal in limited quantities for adults 21 and older
- Typically, adults over 21 can grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Palm Springs, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. 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 Palm Springs, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Palm Springs, CA, area. We are prepared to fight against accusations including possession, sale, and special enhancements. 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 Palm Springs, CA. They cover a wide range of substances 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 Palm Springs, 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: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine is instead covered by HS 11377. In most cases, the prosecution will choose to treat these as misdemeanors, limiting the potential sentence to one year in jail.
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 charges are almost always treated more harshly than possession/use charges. 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. For these felony charges, 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. 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 cover a variety of situations, but all have one thing in common: They don't qualify 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 Palm Springs, 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 U.S. government is prosecuting you, not just the Palm Springs district attorney.
These can include anything from production to transportation to taking part in a drug conspiracy, but normally it will involve large quantities and/or crossing state lines. The penalties are often much harsher, such as a life sentence and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a seasoned criminal defense lawyer who's prepared to fight the United States government. Our office will protect your rights, research applicable laws, review evidence, and make every effort to secure a favorable outcome for you.
Palm Springs, CA Drug Charges and DUIs
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to prescription drug usage. What's worse, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When up against this type of charge, you don't just need a drug charges lawyer. You also need a leading Palm Springs, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
What to Look For in a Drug Charges Lawyer
If you're looking for a drug charges lawyer in Palm Springs, CA, it can be overwhelming trying to decide the right person to represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to find in your drug allegations defense attorney:
- Extensive Experience defending clients in your situation
- Knowledge of how the district attorney approaches these cases
- Existing Relationships at the courts in your local county
- A Track Record of Positive Outcomes 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, our firm fulfills all of these requirements. We have over 50 years of combined courtroom experience, including as both prosecutors and defense attorneys. We have a wide reach with relationships across the state of California. And we have a history of delivering positive outcomes for Californians.
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 need anything from our offices.
Possible Defense Tactics Against Drug Charges
Whatever law you're accused of breaking, you have your own unique story to tell. The details are different for every criminal case in Palm Springs, CA, and you should have a tailored defense plan to protect you.
We'll listen to your story and craft a powerful defense to fit. Here are some compelling 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.
- Somone Else's 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 police officer coerced you into breaking a drug 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: 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've been accused of a drug crime in Palm Springs, CA, contact one of our lawyers for immediate help.
Palm Springs, CA, Drug Charge Diversion Options:
Palm Springs has diversion and treatment options available — be sure to ask your Palm Springs, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must meet legal guidelines. These are some of the :
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is a very desirable outcome for many people facing drug charges. If you participate in this, you can expect to participate in 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 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 modern version, To qualify, an individual must have at least two prior drug convictions on their record. If so, the new charge can be handled as a "treatment-mandated felony," rather than a misdemeanor as originally charged.
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); 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. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Palm Springs, 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
If you are a lawful permanent resident or are in Palm Springs, CA, on a work visa, you're facing even more serious consequences than a U.S. citizen — 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 specific exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This applies to 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 (other than certain rare substances) is normally 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 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. Our firm works hard to find outcomes — such as a plea deal for a different offense, or a disposition that avoids specific "aggravated felony" language — which minimizes your chances of being deported.
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 facing any drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Allegation Defense Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
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 — your drug charges defense lawyer can help you navigate 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 request counsel immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in Palm Springs, 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. The conviction can still potentially be used as grounds for deportation, though, which is why non-citizens 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. 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. To learn more about how to explore these paths, speak to an attorney today.
If I don't have a record, will my drug possession charge be a felony in Palm Springs, CA?
It's rare for first-time possession cases to be charged as a felony in Palm Springs, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in Palm Springs, though: More serious allegations like selling drugs are normally treated as a felony regardless of whether this is your first time being charged or not.
The Law Offices of David S. Chesley Is Ready to Be Your Palm Springs, CA, Drug Charges Lawyer
This isn't a time to settle for "good enough." Your future matters, and it depends on working with the right defense lawyer. Fortunately, we're here to help.
The Palm Springs, 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 always be honest with you and will fight for the best outcome possible.
We also aid with the following legal services in Palm Springs, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Palm Springs drug charges lawyer right away at (800) 755-5174 or tell us about your case online to schedule a confidential 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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