Drug Charges Lawyer in San Bernardino, CA. Drug crimes in San Bernardino, CA, come in many forms. You could be accused of possessing them, selling them, or making them. These laws cover substances from marijuana to opioids. If found guilty, you can face life-altering consequences.
You need representation that will fight for your freedom. You need San Bernardino, CA's premier criminal defense attorney defending your rights. You need the Law Offices of David S. Chesley.
Our local San Bernardino drug charges lawyers know the ins and outs of California drug laws. We will give you honest advice, discuss defense tactics, and fight for the best deal or other outcome in your case. To start building your defense, reach out to our law offices at (800) 755-5174 or ask about a free case review online now.
San Bernardino, CA, Drug Charges Lawyer: Page Summary
Below, we will go over the importance of having a drug defense lawyer in San Bernardino, CA, the types of substances considered illegal in San Bernardino, the qualities your attorney should have, effective defense tactics against all sorts of charges, and diversionary programs we can help you explore.
To learn about a specific topic, you can use the links in the following menu to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in San Bernardino, CA
- Common Drug Types and Their Penalties
- Categories of Drug Charges in San Bernardino, CA
- How Drugs Can Affect DUI Charges in San Bernardino
- Top Drug Defense Attorney Qualities
- 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 San Bernardino, CA, Today
- Every Drug Charge Our Firm Will Fight Against
Don't Waste Time: Contact a San Bernardino, CA, Drug Charges Lawyer RIGHT AWAY
There's no such thing as a "minor" drug charge in San Bernardino, CA. The same action can be interpreted by the state in multiple ways, meaning you can always face felony consequences.
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 possession-for-sale case, and your defense attorney should have strategies to defend your particular charges.
The second reason to contact a local San Bernardino, CA, drug charges lawyer early in the defense process is to lower your chances of doing something you shouldn't. After a police interview without proper legal representation, what was once just a possession charge could now be a trafficking charge. Your attorney can stop you from experiencing self-incrimination.
On top of that, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early prevents the state from getting a lead on you, and we can even move to dismiss charges if we act early enough.
San Bernardino, CA, Drug Types and Their Penalties:
When you work with a San Bernardino, CA, drug charges lawyer, you should go with an attorney who knows how the prosecution treats different drug types. Below, you can read about some of the most common substances that are the center of illegal drug cases in the state.
| Drug Type | Description |
|---|---|
| Prescription Drugs | Charges often revolve around having a technically legal drug without permission, or selling it to someone you aren't supposed to. |
| Ecstacy | A man-made psychoactive drug. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive stimulant which can cause intense effects Its use can harm the brain, as well as several other organs. |
| 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 | 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. |
Penalties vary significantly based on substance, how much there was, prior record, and whether the charge is possession, possession-for-sale, or sale/transport. 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 typically charged as 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.
- 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 our office for a free case review and we'll help you get an idea of what you're up against.
Marijuana in San Bernardino, 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, allowing it in recreational circumstances.
Because California no longer criminalizes using it, marijuana (AKA cannabis) cases in San Bernardino, CA, frequently 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:
- Legal in limited quantities for adults 21 and older
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your San Bernardino, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we can help. For example, we can argue that you were permitted to have cannabis, argue that you remained within legal limitations, and/or show that it was properly handled at all times.
Different Types of Drug Charges in San Bernardino, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the San Bernardino, 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
Drug possession charges are some of the most basic in San Bernardino, CA. All illegal chemicals can fall under this umbrella, 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 San Bernardino, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can advocate for diversionary programs to keep you out of jail.
Relevant statutes: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine has its own specific statute in 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
While drug possession and use charges target the buyer, drug production, transportation, and distribution charges target the 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 allegations are almost always considered more serious than possession. 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: The two main possession for sale charges you will see in San Bernardino, 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). Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced San Bernardino, 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 cover a variety of situations, but one thing connects them together: They don't exist 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 San Bernardino, 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 distinction is that you're fighting against the federal government instead of the local San Bernardino prosecutor.
These can include anything from trafficking to running a drug ring, 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.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a a seasoned criminal defense lawyer who's prepared to match the United States government. Our team of attorneys will learn your side of the story, develop a strong defense strategy, challenge evidence, and make every effort to secure a positive outcome for you.
San Bernardino, CA Drug Charges and DUIs
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a wide range of situations, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. What's worse, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When facing this type of charge, you need more than a drug charges lawyer. You also need an expert San Bernardino, CA, DUI defense lawyer who will fight your case 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 San Bernardino, CA, Drug Charges Lawyer Qualitites
If you're looking for a drug charges lawyer in San Bernardino, CA, it can feel impossible trying to decide who will best represent you. Your life may depend on it, after all.
Here are the top factors you want to look for in your drug allegations defense attorney:
- Prior Experience fighting these cases in court
- Knowledge of how the district attorney approaches these cases
- Existing Relationships with prosecutors and judges in your local county
- A History of Success versus the prosecution in drug cases
- Availability Anytime in case an emergency occurs and you need help
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over five decades of combined courtroom experience, including working for the district attorney's office. We offer legal services throughout California. And we have delivered many victories for Californians.
We don't make false promises about your case, and you can talk to us 24/7 if you have any questions or concerns.
Powerful Drug Crime Accusation Defenses
Whatever law you're accused of breaking, you have your own unique story to tell. The details are different for every criminal case in San Bernardino, CA, and you should have a customized defense strategy to match.
Our attorneys treat every client as an individual. 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: 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.
- Somone Else's 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 rare cases, if an undercover law enforcement agent 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: 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 need a drug crimes defense attorney in San Bernardino, CA, call one of our attorneys now.
San Bernardino, CA, Drug Charge Diversion Options:
San Bernardino has diversion and treatment options available — be sure to ask your San Bernardino, CA, drug charges lawyer about whether or not they apply to your case. 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. 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 protects you from 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 works differently than a traditional diversion program.
Under the 2024 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.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, you avoid a conviction; if you don't take this option, you'll have to fight the 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 updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your San Bernardino, CA, drug charges lawyer is here to help you understand the charges, help you decide what route to take, 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 — 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 one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can affect 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.
Some important things to keep in mind:
- Simple possession for personal use (for most substances) is ordinarilly grounds for deportation, but is not automatically classified as an "aggravated felony" — a distinction that can preserve certain forms 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 and create barriers to appeals efforts.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is required to inform you about these immigration implications prior to entering your plea. An attorney who understands both sides can negotiate a resolution — 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 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 an immigrant up against a drug crime allegation, tell your attorney immediately — they should take immigration factors into account when working on your case.
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. 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 — ask your attorney what applies to your specific case.
If the police catch me with drugs in my possession, do I have to answer their questions?
No. The Fifth Amendment gives you the right to remain silent during questioning. Politely decline to answer questions beyond identifying yourself, and ask for an attorney right away — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can a drug conviction be expunged in San Bernardino, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, 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 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?
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. 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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Is a first-time drug possession charge a felony in San Bernardino, CA?
It's rare for first-time possession cases to be charged as a felony in San Bernardino, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in San Bernardino, 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.
Don't Gamble With Your Freedom: Talk to Our San Bernardino, CA, Drug Charges Lawyers Today
You need help from experts in defending against drug charges Your future matters, and it depends on partnering with the right defense lawyer. Our team is ready to stand by your side.
The San Bernardino, 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 explore every avenue to find the right path forward for our clients.
The Law Offices of David S. Chesley also offers the following legal services in San Bernardino, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your San Bernardino drug charges defense lawyer now at (800) 755-5174 or reach out online to set up 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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