Drug Charges Lawyer in Santa Clarita, CA. There are a wide variety of drug laws you can be charged with breaking in Santa Clarita, CA. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from prescription medications to opioids. The fallout from a drug crime conviction can turn your world upside down.
Don't let these accusations derail your life. You need Santa Clarita, CA's premier criminal defense lawyer on your case. You need the Law Offices of David S. Chesley.
Our local Santa Clarita drug charges lawyers are avaialble 24/7 to help you. We will give you honest advice, discuss defense tactics, and represent you all the way through trial. To start fighting the charges, reach out to us at (800) 755-5174 or send us a note online today.
Santa Clarita, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over the importance of having a drug defense lawyer in Santa Clarita, CA, categories of drug crime allegations in Santa Clarita, the key factors you want your defense team to 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 skip ahead and learn more:
- What Your Santa Clarita, CA, Drug Crimes Lawyer Will Do For You
- Popular Drug Types and Potential Penalties
- Categories of Drug Crime Allegations in Santa Clarita, CA
- How Drugs Can Affect DUI Charges in Santa Clarita
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Santa Clarita, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Contact Your Santa Clarita, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Firm Will Fight Against
Why You Need a Drug Charges Lawyer in Santa Clarita, CA, NOW
If you've been accused of a drug crime in Santa Clarita, 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 felony consequences.
The first reason you should contact a drug charges lawyer without hesitation is to help you understand the charges. A simple possession case looks very different from a drug manufacturing case, and your drug defense attorney should understand how to fight your particular charges.
The second reason to contact a local Santa Clarita, CA, drug charges lawyer early in the defense process is to protect yourself from mistakes. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. Your attorney can help you talk to police the right way, instead of incriminating yourself.
Lastly, your drug charges attorney will leverage local court relationships to explore different defense avenues. Early intervention lets us build a defense before the prosecution has completed its case, and we can even move to dismiss charges if the evidence is in your favor.
Common Drug Types in Santa Clarita, CA, Legal Cases:
When picking a Santa Clarita, CA, drug charges lawyer, you want someone who can defend charges related to the specific kind of drug in the allegations. In the following section, you can read about some of the substances against which we have practice defending related charges.
| 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 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 | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. 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. |
Potential legal consequences vary significantly based on substance, quantity, any prior convictions, and whether the charge is possession, possession-for-sale, or sale/transport. 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 typically charged as felonies, with sentencing ranges that depend heavily on the specific substance and amount involved.
- Fentanyl carries additional exposure: 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.
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 us for a free case evaluation and we'll walk you through what you're actually facing.
Marijuana in Santa Clarita, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, legalizing its recreational use.
Since it has been legalized for recreational use, marijuana (AKA cannabis) charges in Santa Clarita, CA, typically often revolve around who was using it and whether that person was exceeding legal limits. 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:
- 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 for personal use
- Federal law still makes marijuana usage illegal.
How Your Santa Clarita, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys are ready for your case. For example, we can show the legality of your ownership, argue that you remained within legal limitations, and/or make the case that no laws were violated in the handling of the plant.
Different Types of Drug Charges in Santa Clarita, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Santa Clarita, CA. 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
Possession charges are the first level of drug charges in Santa Clarita, CA. They cover a wide range of substances 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 Clarita, 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: 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 has its own specific statute in HS 11377. In most cases, the prosecution will choose to treat these as misdemeanors, limiting the potential sentence to one year in jail.
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 drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine). 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. These charges carry longer exposure — 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 cover a variety of situations, but they share one common attribute: They don't stand on their own. To be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Santa Clarita, 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 isn't a 'category' in the same way that the above types of charges are. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to running a drug ring, but normally it 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 with the resources to battle the United States government. Our team of attorneys will learn your side of the story, develop a strong defense strategy, challenge evidence, and do whatever we can to secure a favorable result for you.
The Intersection Between Drug Charges and DUIs in Santa Clarita, CA
Drug cases often intersect with another type of case in Santa Clarita, 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 arrested if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When facing this type of charge, you need more than a drug charges lawyer. You also need an expert Santa Clarita, CA, DUI defense lawyer who will fight your case both in criminal court and at the DMV hearing. But you need to act fast — in most cases, if you wait longer than ten days to request a hearing, you lose your chance.
Top Santa Clarita, CA, Drug Charges Lawyer Qualitites
When picking a drug charges lawyer in Santa Clarita, CA, to take your case, it can be overwhelming trying to decide the right person to represent you. With so much at stake, you don't want to make the wrong choice.
These are the main qualities you want to see in your drug defense attorney:
- Vast Experience defending clients in your situation
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your jurisdiction
- A History of Success 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, our firm fulfills all of these requirements. We have over 50 years of combined legal experience, including former prosecutors. We offer legal services throughout California. And we have a history of delivering positive outcomes for Californians.
We don't make false promises about 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 Santa Clarita, CA, are identical, and you should have a unique defense strategy to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below are some powerful 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: 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 some cases, if an undercover officer coerced you into violating the law, you cannot be held liable for doing so.
- 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 facing drug crime charges in Santa Clarita, CA, and need help, get in touch with one of our attorneys today.
Santa Clarita, CA, Drug Charge Diversion Options:
Santa Clarita has diversion and treatment options available, which your Santa Clarita, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must meet legal guidelines. These are some of the :
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, 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, which took effect in December 2024, changed California's approach to repeat drug offenses. It's important to understand that this is a different, newer law than the Proposition 36 passed in 2000, and it takes a different approach than a typical diversion program.
Under the current version, 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, and the case can be dismissed with the arrest sealed; fail or refuse treatment, and you face 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 the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Santa Clarita, 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.
How a Drug Conviction in Santa Clarita, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Santa Clarita, CA, on a work visa, you might have to defend yourself against removal as well as criminal charges — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
The federal government can initiate removal proceedings for most drug convictions, with a sole exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This applies to 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.
Important factors to be aware of:
- Simple possession for personal use (for the majority of drugs) is ordinarilly a deportable offense, 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 not treated as lightly. They are typically classified as aggravated felonies, which can trigger mandatory deportation with little to no opportunity for relief or future re-entry.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is required to advise a client of these immigration consequences before a plea is entered. Our firm works hard to find outcomes — such as a plea deal to another, non-drug charge, 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 an immigrant fighting a drug crime allegation, tell your attorney immediately — this materially changes how your case should be defended.
Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
Even if there isn't a criminal conviction, a background check can still show your arrest. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be able 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. You are not required to answer any self-incriminating questions during an interrogation. Politely decline to answer questions beyond identifying yourself, and ask for a lawyer right away — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in Santa Clarita, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though eligibility depends on the specific charge and your record. The conviction can still potentially be used as grounds for deportation, though, which is why non-citizens 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. 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. To learn more about how to explore these paths, speak to an attorney today.
Does Santa Clarita, CA, prosecute drug possession charges as felonies?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. This isn't true for every drug charge in Santa Clarita, 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.
Talk to a Drug Charges Defense Lawyer in Santa Clarita, CA, Today
This isn't a time to settle for "good enough." Your future matters, and it depends on working with the right attorney. Fortunately, we're here to help.
The Santa Clarita, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We have relationships in courts across California. 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 Santa Clarita, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Santa Clarita drug crimes defense attorney today at (800) 755-5174 or use our online contact form to schedule a free, confidential 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)
Payment Plans
