Drug Charges Lawyer in Pomona, CA. There's no such thing as a "good" drug charge to be accused of in Pomona, CA. Everything from manufacturing to simple possession can send you to jail. These laws regulate substances from methamphetamine 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.
Get help before it's too late. You need Pomona, CA's premier criminal defense attorney on your side. You need the Law Offices of David S. Chesley.
Our local Pomona 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 stand by you in front of the judge and jury if your case reaches a trial. To start fighting the charges, contact our representatives at (800) 755-5174 or tell us about your case online right away.
Pomona, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over how a Pomona, CA, drug defense attorney will protect your rights, different types of charges you might face, the qualities your attorney should have, strategies we may use in your case, and the intersection between drug charges and DUIs in Pomona.
To learn about a specific topic, you can use the links in the list below to skip ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Pomona, CA
- Common Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Pomona, CA
- Intersections Between Drugs and DUIs in Pomona
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Pomona, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Crime FAQs
- Get in Touch With a Drug Charges Lawyer in Pomona, CA, Today
- All the Drug Charges Our Attorneys Defend Against
Why You Need a Drug Charges Lawyer in Pomona, CA, NOW
Drug charges in Pomona, CA, always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning there's always a risk of years in prison.
The first reason you need a drug charges lawyer right away is to help you understand the charges. A simple possession case needs a different strategy than a drug trafficking case, and your defense attorney needs to know how to defend against whatever you've been accused of.
The second reason to call a local Pomona, CA, drug charges lawyer right away is to stop yourself from making a mistake. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. Your defense attorney can stop you from experiencing self-incrimination.
Additionally, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early lets us build a defense before the prosecution has completed its case, and can even give you a better chance of having the court dismiss charges if we act early enough.
Common Drug Types in Pomona, CA, Legal Cases:
When picking a Pomona, 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 outlined some of the substances against which we have practice defending related charges.
| Drug Type | Description |
|---|---|
| Prescription Drugs | These include substances like Xanax or Adderall, which aren't supposed to be taken without a doctor's authorization. |
| Ecstacy | A synthetic drug closely related to methamphetamine. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive stimulant 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 | A class of drugs, including both natural and synthetic types. 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 based on substance, how much there was, any prior convictions, and the accusation you're facing. 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 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 Pomona, 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, letting people use it recreationally.
Since it has been legalized for recreational use, marijuana (AKA cannabis) accusations in Pomona, CA, most often often revolve around who was using it and whether that person was exceeding legal limits. For example, driving with an open package of marijuana is illegal, even if you are sober.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- Generally, it is legal to grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your Pomona, CA, Drug Charges Lawyer Can Help: If you're up against 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.
Drug Charge Categories in Pomona, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Pomona, CA, area. We help defendants fight against all kinds of drug crime allegations. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
The most common drug charges in Pomona, CA, are often those related to possession. They cover a wide range of substances and these charges can apply if the drugs are on your person, in your vehicle, or anywhere you would control access to them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Pomona, 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 is instead covered by HS 11377. Generally, these possession charges are handled as misdemeanors.
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
A conviction of one of these charges typically means a much longer prison sentence than for simple possession. 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 or transportation for sale is charged under HS 11352 (most substances) or 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 can be very different from each other, but all have one thing in common: 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 Pomona, 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 federal government is prosecuting you instead of the state government.
These can include anything from production to transportation to drug smuggling, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. If you're accused of this, you're up against truly severe penalties, 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's prepared to fight the federal prosecutor. Our firm will learn your side of the story, develop a strong defense strategy, challenge evidence, and make every effort to secure a favorable result for you.
Pomona, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in Pomona, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover a several situations, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. 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 a leading Pomona, CA, DUI defense lawyer who defend 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.
How to Find the Right Drug Crimes Defense Attorney
When picking a drug charges lawyer in Pomona, CA, to take your case, it can feel impossible 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 allegations defense attorney:
- Extensive Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your local county
- A History of Positive Outcomes versus the prosecution in drug cases
- 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 five decades of combined legal experience, including as both prosecutors and defense attorneys. We know judges and attorneys throughout California. And we have delivered positive results 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
Your charges might be the same as someone else's, but your case is unique. No two cases in Pomona, CA, are identical, and you should have a tailored defense plan to protect you.
Our attorneys treat every client as an individual. Here are some compelling 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: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- 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 cannot be held liable for doing so.
- 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're facing drug crime charges in Pomona, CA, and need help, contact one of our lawyers for immediate help.
Pomona, CA, Drug Charge Diversion Options:
Pomona has diversion and treatment options available — be sure to ask your Pomona, 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 often a very helpful, positive outcome for individuals accused of simple possession. If you participate in this, you can expect to participate in drug education classes, requirements to stay sober, and regular drug testing. The advantage of PC 1000 is that you don't end up with a conviction on your record — after completing the program, the case against you is dismissed. This helps you avoid many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36, as opposed to PC 1000, targets alleged offenders with an existing criminal record. It took its current form in 2024, and it takes a different approach than a typical diversion program.
Under the 2024 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, you avoid a conviction; you can opt to refuse treatment, but you'll be up against the underlying felony charge, and risking up to three years behind bars. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Pomona, CA, drug charges lawyer can help you understand whether you qualify for legal alternatives, explore sentencing and charge alternatives with you, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
If you are not a U.S. citizen, a drug conviction can be far more damaging than the criminal penalty alone — 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 narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. 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 the majority of drugs) 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 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 to a non-drug offense, or a disposition that doesn't include specific "aggravated felony" language — which minimizes your chances of being deported.
Because the conviction, regardless of the sentence, has such a big immigration impact, it's important to avoid mistakes from the very start of your case. If you are a lawful permanent resident or visa holder fighting a drug crime allegation, tell your attorney immediately — this materially changes how your case should be defended.
Drug Allegation Defense Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
Even if you're not convicted of the underlying charge, a background check can still show the arrest. If your case is resolved through PC 1000 or a completed Prop 36 treatment program, you may be eligible to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
Do I need to answer police questions if I have illegal drugs on me?
No. The Fifth Amendment gives you the right to remain silent during questioning. Politely decline to answer questions beyond identifying yourself, and request counsel right away — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in Pomona, 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. 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?
The main difference is in who can apply to each program: For PC 1000, first-time, low-level possession alleged offenders can get the charges dropped through a treatment and drug testing program. 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.
Is a first-time drug possession charge a felony in Pomona, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Need a Drug Charges Lawyer in Pomona, 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 picking the right law firm. Our team is ready to stand by your side.
The Pomona, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes 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.
We also aid with the following legal services in Pomona, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Pomona drug charges defense lawyer today at (800) 755-5174 or tell us about your case online to schedule a no-strings review of your charges.
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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