Drug Charges Lawyer in Rialto, CA. Whatever drug accusations you're facing in Rialto, CA, it's not an easy thing to handle. Everything from manufacturing to simple possession can send you to jail. These laws regulate substances from prescription medications to heroin. If found guilty, you can face life-altering consequences.
Stop these charges before it becomes a worst-case scenario. You need Rialto, CA's leading criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local Rialto drug charges lawyers are ready for your case today. We will give you honest advice, identify weaknesses in the prosecution's case, and fight for the best deal or other outcome in your case. To begin fighting the charges, reach out to our attorneys at (800) 755-5174 or tell us about your case online now.
Rialto, CA, Drug Charges Lawyer: Page Summary
Below, we will go over how a Rialto, CA, drug defense attorney will protect your rights, categories of drug crime allegations in Rialto, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and more.
To learn about a specific topic, you can use the links in the list below to jump ahead and learn more:
- What Your Rialto, CA, Drug Crimes Lawyer Will Do For You
- Common Drug Types and Possible Penalties
- Categories of Drug Crime Allegations in Rialto, CA
- Intersections Between Drugs and DUIs in Rialto
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Rialto, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Rialto, CA, Today
- Every Drug Charge Our Team Will Fight Against
The Importance of a Rialto, CA, Drug Charges Lawyer
If you've been accused of a drug crime in Rialto, CA, it's a big deal, no matter what. The same action can be interpreted by the state in multiple ways, meaning you're risking an extended stay in jail.
The first reason you should contact a drug charges lawyer without hesitation is to help you interpret the law. A simple possession case needs a different strategy 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 Rialto, CA, drug charges lawyer right away is to protect yourself from mistakes. If you say something incorrect in an interrogation, what was once just a possession charge could now be a trafficking charge. A drug charges attorney can help you talk to police the right way, instead of incriminating yourself.
Lastly, your drug charges lawyer will open doors for new strategies through plea negotiations. Acting fast lets us build a defense before the prosecution has completed its case, and we can even move to dismiss charges if we act early enough.
Common Drug Types in Rialto, CA, Legal Cases:
When deciding on a Rialto, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. Below, you can read about 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 man-made psychoactive drug. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug derived from a South American plant 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 | 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 substance, quantity, prior record, and whether the charge is possession, possession-for-sale, or sale/transport. As an overview:
- 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case evaluation and we'll walk you through what you're actually facing.
Marijuana in Rialto, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, letting people use it recreationally.
Since it has been legalized for recreational use, marijuana (AKA cannabis) allegations in Rialto, CA, most often center around when and where it is 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, it is legal to grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Rialto, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, our attorneys can help. For example, we can demonstrate that you had the legal right to possess marijuana, argue that you remained within legal limitations, and/or show that it was properly handled at all times.
Drug Charge Categories in Rialto, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Rialto, CA, area. We help defendants fight against all kinds of drug crime allegations. 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
Possession charges are the first level of drug charges in Rialto, CA. 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 Rialto, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, 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. 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 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: The two main possession for sale charges you will see in Rialto, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). When charged as a 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. With the help of an experienced Rialto, 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 all have one thing in common: They don't qualify on their own. To be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Rialto, 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. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from production to transportation to running a drug ring, but normally it will involve large quantities and/or crossing state lines. Sentences are often more severe, 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 an experienced criminal defense lawyer with the resources to match the United States government. Our firm will conduct investigations, develop a strong defense strategy, review evidence, and make every effort to secure a positive result for you.
DUIs and Drug Charges Defense in Rialto, CA
DUIs and drug charges don't always go together in Rialto, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a wide range of circumstances, including everything from driving while high on marijuana to driving after taking certain medications. 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 drug DUI charges, you don't just need a drug charges lawyer. You also need a leading Rialto, CA, DUI defense lawyer who will fight your case both in criminal court and at the DMV hearing. But you need to act fast — for most DUI cases, you need to request a hearing within ten days of your arrest.
Top Rialto, CA, Drug Charges Lawyer Qualitites
When picking a drug charges lawyer in Rialto, CA, to take your case, it can be a challenge trying to decide who will best represent you. Your life may depend on it, after all.
These are the main qualities you want to see in your drug crimes defense attorney:
- Vast Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your jurisdiction
- A Track Record of Success versus the prosecution in drug cases
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over five decades of combined legal experience, including working for the district attorney's office. We offer legal services 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 talk to 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. No two cases in Rialto, CA, are identical, and you should have a tailored defense strategy to protect you.
We'll listen to your story and craft a powerful defense to fit. Below are some staunch 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 some cases, if an undercover officer coerced you into buying or using illicit drugs, you can be found innocent of the criminal charges.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: In some cases, where it's not reasonable for the alleged offender to have the charges dropped entirely, a positive outcome can still be achieved through a plea deal.
If you're looking for a drug charges lawyer in Rialto, CA, call the Law Offices of David S. Chesley now.
Rialto, CA, Drug Charge Diversion Options:
Rialto has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Rialto, 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. 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. If you participate in this, you can expect to participate in 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 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.
If you're facing this charge, you have 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, 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 Rialto, 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.
Immigration Consequences of a Drug Conviction
If you are a lawful permanent resident or are in Rialto, CA, on a work visa, 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: 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 regardless of whether the state court sentence includes any jail time.
Some important things to keep in mind:
- 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 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 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 the conviction, regardless of the sentence, has such a big immigration impact, you need to get expert help as soon as you're aware of an investigation. If you are an immigrant up against a drug charge, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Charge Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
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 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 request counsel right away — if you say the wrong thing, you could end up facing harsher charges.
Can a drug conviction be expunged in Rialto, 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 whether or not you are eligible can be affected by the specific charge and your previous conviction 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 green card and visa holders 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 functions differently: It allows what ordinarily would be charged as misdemeanors to now be charged as felonies, if you have prior drug convictions on your record. However, it also allows for a court-mandated treatment program, completion of which results in the dismissal of felony charges. Your eligibility is ultimately determined by the underlying charge and your existing record.
Does Rialto, CA, prosecute drug possession charges as felonies?
It's rare for first-time possession cases to be charged as a felony in Rialto, CA — they're typically treated as misdemeanors. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Don't Gamble With Your Freedom: Talk to Our Rialto, CA, Drug Charges Lawyers Today
These charges need to be treated seriously Your freedom is important, and it depends on working with the right lawyer. Fortunately, we're here to help.
The Rialto, 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 are prepared to defend you against a variety of drug charges, both misdemeanor and felony. 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 Rialto, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Rialto drug charges lawyer right away at (800) 755-5174 or use our online contact form for a free review of your case.
Drug Charges Our Lawyers Fight in Rialto, CA:
- 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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