Drug Charges Lawyer in Sherman Oaks, CA. Drug crimes in Sherman Oaks, CA, come in many forms. You could be accused of possessing them, selling them, or making them. These laws regulate substances from marijuana 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 Sherman Oaks, CA's leading criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local Sherman Oaks drug charges lawyers will be by your side from day one. We will research the statute in detail, identify weaknesses in the prosecution's case, and fight for the best deal or other outcome in your case. To begin fighting the charges, contact our lawyers at (800) 755-5174 or set up a free, confidential consultation now.
Sherman Oaks, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over what a Sherman Oaks, CA, drug charges attorney can do to defend you, different types of charges you might face, 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, click on the appropriate link in the following menu to navigate to a specific topic and learn more:
- The Importance of Working With a Drug Charges Lawyer in Sherman Oaks, CA
- Sherman Oaks, CA, Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Sherman Oaks, CA
- DUIs and Drug Charges Defense in Sherman Oaks, CA
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Allegation FAQs
- Get in Touch With a Drug Charges Lawyer in Sherman Oaks, CA, Today
- Every Drug Charge Our Lawyers Defend Against
Get Help From a Sherman Oaks, CA, Drug Charges Lawyer IMMEDIATELY
If you've been accused of a drug crime in Sherman Oaks, 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 work with a drug charges lawyer without hesitation is to help you interpret the law. A simple possession case looks very different from a possession-for-sale case, and your defense attorney should have strategies to fight against whatever you've been accused of.
The second reason to contact a local Sherman Oaks, CA, drug charges lawyer as soon as you've been accused is to lower your chances of doing something you shouldn't. If you say something incorrect in an interrogation, the charges could be elevated and the state's case strengthened. A drug charges attorney can advise what to share and what not to share with the state.
Lastly, your drug charges lawyer will open doors for new strategies through plea negotiations. Early intervention gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if we act early enough.
Sherman Oaks, CA, Drug Types and Their Penalties:
When you work with a Sherman Oaks, CA, drug charges lawyer, you should go with an attorney who has experience with the type of drug you're facing allegation for. Below, we've outlined some of the most common substances that are the center of illegal drug cases in the state.
| 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 that can be either a powdered form or a solid rock (Crack) 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 | Class of drugs originally intended for use as pain relievers. 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 the type of drug, quantity, your criminal record, and the act you're being accused of. As a general framework:
- 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 cases are particularly harsh: 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 review and we'll walk you through what you're actually facing.
Marijuana in Sherman Oaks, 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, allowing it in recreational circumstances.
Since California no longer criminalizes using it, marijuana (AKA cannabis) allegations in Sherman Oaks, CA, most often often revolve around who was using it and whether that person was exceeding legal limits. As an example, you're allowed to grow a small number of plants for personal use, but they must be kept in a private, secure area.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- Generally, it is legal to grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Sherman Oaks, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, your lawyer are ready for your case. 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 Sherman Oaks, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Sherman Oaks, CA. Whatever charges you are facing, we're ready to defend your innocence. 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 Sherman Oaks, CA. All illegal chemicals can fall under this umbrella, 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 Sherman Oaks, 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: 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
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
These allegations are almost always considered more serious than possession. On top of fighting the charges, your drug defense attorney can help you explore plea deals, if they make sense for your case.
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 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. 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 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 Sherman Oaks, 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. The distinction 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 most often will involve large quantities and/or crossing state lines. The penalties are often much harsher, such as a life sentence and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a leading criminal defense lawyer who's prepared to match the United States government. Our office will learn your side of the story, research applicable laws, review evidence, and make every effort to secure a positive result for your case.
DUIs and Drug Charges Defense in Sherman Oaks, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a many different circumstances, including everything from driving while high on marijuana to prescription drug usage. 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 accused of this type of charge, you don't just need a drug charges lawyer. You also need a leading Sherman Oaks, CA, DUI defense lawyer who defend you 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 Sherman Oaks, CA, Drug Charges Lawyer Qualitites
When you are considering your options for a drug charges lawyer in Sherman Oaks, CA, it can be a challenge trying to decide the right person to represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to look for in your drug defense attorney:
- Prior Experience defending clients in your situation
- Knowledge of how the district attorney approaches these cases
- Relationships at the courts in your local county
- A Track Record of Success against the state for these charges
- 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 50 years of combined legal experience, including former prosecutors. We know judges and attorneys throughout California. And we have a history of delivering positive outcomes for Californians.
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.
Ways Our Lawyers Defend Against Drug Charges
Whatever law you're accused of breaking, you have your own unique story to tell. Everyone in the Sherman Oaks, CA, criminal courts is there under different circumstances, and you should have a customized 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: This can suppress evidence that was unlawfully obtained.
- 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 law enforcement agent coerced you into violating the law, you can be found innocent of the criminal charges.
- Prescription: This isn't an option for every offense and type of drug, but some accusations can be alleviated if you were legally prescribed the 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've been accused of a drug crime in Sherman Oaks, CA, reach out to an attorney at our offices for immediate help.
Sherman Oaks, CA, Drug Charge Diversion Options:
Sherman Oaks has diversion and treatment options available — be sure to ask your Sherman Oaks, CA, drug charges lawyer about whether or not they apply to 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 often a very helpful, positive outcome for individuals accused of simple possession. The program typically includes 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 helps you avoid 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 works differently than a traditional diversion program.
Under the 2024 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 underlying drug charge case is dropped (the arrest record will remain, but is sealed); fail or refuse treatment, and you face the 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 added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Sherman Oaks, CA, drug charges lawyer is here to help you understand the charges, explore sentencing and charge alternatives with you, and fight to keep a conviction off your record.
Drug Convictions' Impact on Immigration Status
For immigrants in Sherman Oaks, CA, you might have to defend yourself against removal as well as criminal charges — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
The federal government can initiate removal proceedings for most drug convictions, with 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 even if you weren't given jail time on your conviction.
Some important things to keep in mind:
- Simple possession for personal use (for the majority of drugs) is generally enough to qualify for removal, 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 far more likely to be treated 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 is required to inform you about these immigration implications prior to entering your plea. 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 — that may preserve a client's ability to stay in the country.
Because a criminal record can bring immigration consequences regardless of the sentence, 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 fighting a drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
An arrest can appear on some background checks even without a conviction. 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 — an attorney can help you explore these options.
If the police catch me with drugs in my possession, do I have to answer their questions?
No. You have the right to remain silent and the right to an attorney. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for a lawyer immediately — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Sherman Oaks, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, 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 to work with an experienced drug crimes attorney who also practices immigration law.
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 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 Sherman Oaks, CA?
It's rare for first-time possession cases to be charged as a felony in Sherman Oaks, CA — they're typically treated as misdemeanors. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
The Law Offices of David S. Chesley Is Ready to Be Your Sherman Oaks, CA, Drug Charges Lawyer
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on partnering with the right lawyer. Our team is ready to stand by your side.
The Sherman Oaks, 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 have former prosecutors on our team who know how the state builds its case. We will build a strong defense for you against your charges.
We also aid with the following legal services in Sherman Oaks, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Sherman Oaks drug defense attorney right away at (800) 755-5174 or use our online contact form for a confidential review of your case.
Drug Charges Our Lawyers Fight in Sherman Oaks, 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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