Drug Charges Lawyer in Palmdale, CA. There are a wide variety of drug laws you can be charged with breaking in Palmdale, CA. Everything from manufacturing to simple possession can send you to jail. These laws cover substances from cannabis 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.
You need someone who can guide you to a positive outcome. You need Palmdale, CA's premier criminal defense attorney on your side. You need the Law Offices of David S. Chesley.
Our local Palmdale 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 start fighting the charges, call our attorneys at (800) 755-5174 or send us a note online right away.
Palmdale, CA, Drug Charges Lawyer: Page Summary
Below, you can read about how a Palmdale, CA, drug defense attorney will protect your rights, categories of drug crime allegations in Palmdale, the most important things to look for in your defense lawyer, strategies we may use in your case, and the intersection between drug charges and DUIs in Palmdale.
To learn about a specific topic, you can use the links below to navigate to a specific topic and learn more:
- What Your Palmdale, CA, Drug Crimes Lawyer Will Do For You
- Palmdale, CA, Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Palmdale, CA
- How Drugs Can Affect DUI Charges in Palmdale
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Need a Drug Charges Lawyer in Palmdale, CA? Call the Law Offices of David S. Chesley Today
- All the Drug Charges Our Lawyers Fight Against
Why You Need a Drug Charges Lawyer in Palmdale, CA, NOW
If you've been accused of a drug crime in Palmdale, CA, it's a big deal, no matter what. Two people who committed similar acts can face very different charges, meaning you're risking an extended stay in jail.
The first reason you should contact a drug charges lawyer immediately is to help you understand the charges. A simple possession case shouldn't be treated the same as a possession-for-sale case, and your drug defense attorney should have strategies to fight each.
The second reason to get in touch with a local Palmdale, CA, drug charges lawyer as soon as you've been accused is to lower your chances of doing something you shouldn't. After a police interview without proper legal representation, the charges could be elevated and the state's case strengthened. A drug charges lawyer can stop you from experiencing self-incrimination.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Acting fast gives you a head start against the state, and in many cases, we can file a motion to dismiss charges if we can act before the state builds a compelling case.
Drug Types and Legal Context in Palmdale, CA:
When you work with a Palmdale, CA, drug charges lawyer, you should go with an attorney who has experience with the type of drug you're facing allegation for. In the following section, we've outlined what types of drugs we most frequently defend charges for in Palmdale, 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. A stimulant often used at parties. |
| Cocaine | A highly addictive drug which can cause intense effects Long term use can dampen the brain's reward pathway. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | A category of addictive painkillers. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. 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. |
Potential legal consequences vary significantly by substance, how much there was, prior record, and the type of charge. As an overview:
- 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 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.
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 our office for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Palmdale, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because California no longer criminalizes using it, marijuana (AKA cannabis) cases in Palmdale, CA, frequently 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
- Typically, adults over 21 can grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Palmdale, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we will fight to defend you. For example, we can argue that you were permitted to have cannabis, argue that you remained within legal limitations, and/or show off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Palmdale, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Palmdale, 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
Possession charges are the first level of drug charges in Palmdale, CA. These can be charged for any illegal substance 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 Palmdale, 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: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine specifically falls under 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. These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Palmdale, CA, drug charges lawyer, you can fight for a plea deal that reduces these charges and opens up diversion opportunities.
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. To be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Palmdale, 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 could fall into any of the three categories above. The difference is that the U.S. government is prosecuting you, not just the Palmdale district attorney.
These can include anything from manufacturing to drug smuggling, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. The penalties are often much harsher, up to and including life imprisonment 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 who has the strength to battle the United States government. Our team of attorneys will protect your rights, look for legal loopholes, dissect the case against you, and make every effort to secure a positive outcome for your case.
Palmdale, CA Drug Charges and DUIs
Drug cases often intersect with another type of case in Palmdale, CA: DUIs. Drug DUI defense cases cover a several 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 arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When facing drug DUI charges, you don't just need a drug charges lawyer. You also need a leading Palmdale, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
Top Palmdale, CA, Drug Charges Lawyer Qualitites
When picking a drug charges lawyer in Palmdale, CA, to take your case, it can be overwhelming trying to decide which one to represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to find in your drug defense attorney:
- Vast Experience fighting these cases in court
- Personal Experience as a prosecutor
- Existing Relationships at the courts in your local county
- A Reputation of Delivering 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, we embody each of these qualities. We have over 50 years of combined legal experience, including former prosecutors. We have a wide reach with relationships across the state of 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 get a hold of us 24/7 if you need anything from our offices.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. No two cases in Palmdale, CA, are identical, and you should have a unique defense plan to protect you.
We'll listen to your story and craft a powerful defense to fit. Below are some compelling 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: You can argue this if you were present in an area while drugs were there, but they were not yours and you weren't using them.
- Entrapment: In some cases, if an undercover police officer coerced you into violating the 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 someone's accused you of a drug crime in Palmdale, CA, get in touch with the Law Offices of David S. Chesley for immediate help.
Palmdale, CA, Drug Charge Diversion Options:
Palmdale has diversion and treatment options available, which your Palmdale, CA, drug charges lawyer can try to utilize in 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 a very desirable outcome for many people facing drug charges. It generally involves 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 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 takes a different approach than a typical diversion program.
Under the current rules, 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 potential penalties for large quantities of certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Palmdale, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, advocate for that path where it's available, and fight to keep a conviction off your record.
Drug Convictions' Impact on Immigration Status
If you are a lawful permanent resident or are in Palmdale, CA, on a work visa, you might have to defend yourself against removal as well as criminal charges — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
The federal government can initiate removal proceedings for most drug convictions, with one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This can impact lawful permanent residents ("green card" holders) as well as visa holders, and it can be a factor independent of whether or not the conviction includes a jail sentence.
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 significantly more serious. They are often considered 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 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, you need to get expert help as soon as you're aware of an investigation. If you are an immigrant 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.
Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
An arrest can appear on some background checks even without a conviction. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be eligible to have the arrest sealed or the record cleared — your drug charges defense lawyer can help you navigate these options.
Do I have to talk to police if I'm caught with drugs?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions beyond identifying yourself, and ask for a lawyer immediately — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Palmdale, 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. An expungement does not erase a conviction for federal immigration purposes, which is why green card and visa holders 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. 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. Which one applies depends on your charge and criminal history.
Is a first-time drug possession charge a felony in Palmdale, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Palmdale, CA
These charges need to be treated seriously Your future matters, and it depends on picking the right lawyer. Our team is ready to stand by your side.
The Palmdale, 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 have former prosecutors on our team who know how the state builds its case. 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 Palmdale, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Palmdale drug charges defense lawyer right away at (800) 755-5174 or reach out online to schedule 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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