Drug Charges Lawyer in Santa Ana, CA. Whatever drug accusations you're facing in Santa Ana, CA, it's not an easy thing to handle. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These laws cover substances from cannabis 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.
You need someone who can guide you to a positive outcome. You need Santa Ana, CA's premier criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Santa Ana drug charges lawyers will be by your side from day one. We will listen to you explain your side of the story, discuss defense tactics, and represent you all the way through trial. To begin building your defense, call our team at (800) 755-5174 or ask about a free case review online today.
Santa Ana, CA, Drug Charges Lawyer: Page Summary
In this article, you can read about the importance of having a drug defense lawyer in Santa Ana, CA, categories of drug crime allegations in Santa Ana, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and more.
If you want to read about a particular 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 Santa Ana, CA
- Common Drug Types and Possible Penalties
- Categories of Drug Charges in Santa Ana, CA
- Intersections Between Drugs and DUIs in Santa Ana
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Santa Ana, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Santa Ana, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Lawyers Fight Against
Get Help From a Santa Ana, CA, Drug Charges Lawyer IMMEDIATELY
Drug charges in Santa Ana, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning there's always a risk of felony consequences.
The first reason you should work with a drug charges lawyer as soon as possible is to help you interpret the law. A simple possession case takes a different set of skills than a possession-for-sale case, and your defense attorney should understand how to fight your particular charges.
The second reason to contact a local Santa Ana, CA, drug charges lawyer right away is to stop yourself from making a mistake. If you say something incorrect in an interrogation, the charges could be elevated and the state's case strengthened. Your defense attorney can help you talk to police the right way, instead of incriminating yourself.
Finally, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Acting fast prevents the state from getting a lead on you, and can even give you a better chance of having the court dismiss charges if we can act before the state builds a compelling case.
Santa Ana, CA, Drug Types and Their Penalties:
When picking a Santa Ana, CA, drug charges lawyer, you should pick somone who can defend charges related to the specific kind of drug in the allegations. 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 synthetic drug closely related to methamphetamine. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive drug 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 | 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 | 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 the type of drug, quantity, your criminal record, and the type of charge. For some typical accusations:
- 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 are more serious charges. Most accusations are felonies, with sentencing ranges that depend heavily on the specific drug and amount 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
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 evaluation and we'll help you find a strategy to minimize negative consequences.
Marijuana in Santa Ana, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because it has been legalized for recreational use, marijuana (AKA cannabis) charges in Santa Ana, 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:
- Legal in limited quantities for adults 21 and older
- Generally, it is legal to grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Santa Ana, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, our attorneys 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 make the case that no laws were violated in the handling of the plant.
Drug Charge Categories in Santa Ana, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Santa Ana, CA, area. We are prepared to fight against accusations including possession, sale, and special enhancements. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Santa Ana, CA. These can be charged for any illegal substance and these charges can apply in any circumstance where you allegedly owned the illegal drugs, even if you didn't have them physically with you at the time.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Santa Ana, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, 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 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: 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. HS 11352 converse sale or transportaiont charges for most substances, while HS 11379 does the same for 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 Santa Ana, 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 all have one thing in common: They don't stand on their own. Before you can be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Santa Ana, 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 Santa Ana prosecutor.
These can include anything from manufacturing to running a drug ring, but most often will involve large quantities and/or crossing state lines. If you're accused of this, you're up against truly severe penalties, 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's prepared to battle the United States government. Our office will learn your side of the story, look for legal loopholes, dissect the case against you, and make every effort to secure a favorable result for your case.
The Intersection Between Drug Charges and DUIs in Santa Ana, CA
Drug cases often intersect with another type of case in Santa Ana, CA: DUIs. Drug DUI defense cases cover a many different circumstances, 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 alcoholwhich has a legal limit).
When up against this type of charge, you don't just need a drug charges lawyer. You also need an expert Santa Ana, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. But you need to act fast — for most DUI accusations, if you wait longer than ten days to request a hearing, you lose your chance.
How to Find the Right Drug Crimes Defense Attorney
When you are considering your options for a drug charges lawyer in Santa Ana, CA, it can be a challenge trying to decide who will best represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to see in your drug defense attorney:
- Prior Experience fighting against these charges
- Personal Experience as a prosecutor
- Relationships with prosecutors and judges in your local county
- A History of Success when fighting drug charges for clients
- 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 50 years of combined legal experience, including as both prosecutors and defense attorneys. We have a wide reach with relationships across the state of California. And we have delivered positive results for Californians.
We don't make false promises about your case, and you can get a hold of us 24/7 if something new develops.
Possible Defense Tactics Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Santa Ana, CA, criminal courts is there under different circumstances, and you should have a tailored defense strategy to match.
Our attorneys treat every client as an individual. Here 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: 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: 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 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: 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 Santa Ana, CA, call the Law Offices of David S. Chesley today.
Santa Ana, CA, Drug Charge Diversion Options:
Santa Ana has diversion and treatment options available — be sure to ask your Santa Ana, 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 often a very helpful, positive outcome for individuals accused of simple possession. It generally involves drug education classes, sobriety requirements, 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 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, individuals with two or more prior drug convictions can now be charged with a "treatment-mandated felony" for offenses that might otherwise have been charged as misdemeanors. 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. The law also heightened potential drug crime sentences, depending on the quantity and type of substance, and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Santa Ana, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, advocate for that path where it's available, and stand by your side no matter which route you take.
Immigration Consequences of a Drug Conviction
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.
Most drug charge convictions are grounds for deportation, but there is a sole 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 enough to qualify for removal, 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 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. We will fight for an outcome — 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, 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 up against a drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
Even if there isn't a criminal conviction, a background check can still show your arrest. If your case is resolved through PC 1000 or a completed Prop 36 treatment program, you may be able 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. Be respectful to the police, but do not provide any information besides your identity, and ask for a lawyer right away — if you say the wrong thing, you could end up facing harsher charges.
Can a drug conviction be expunged in Santa Ana, 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. 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.
Does Santa Ana, CA, prosecute drug possession charges as felonies?
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.
Don't Gamble With Your Freedom: Talk to Our Santa Ana, CA, Drug Charges Lawyers Today
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on working with the right defense attorney. Our team is ready to stand by your side.
The Santa Ana, 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 build a strong defense for you against your charges.
The Law Offices of David S. Chesley also offers the following legal services in Santa Ana, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Santa Ana drug charges lawyer now at (800) 755-5174 or contact us online for a free review of your case.
Drug Charges Our Lawyers Fight in Santa Ana, 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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