Drug Charges Lawyer in Simi Valley, CA. Whatever drug accusations you're facing in Simi Valley, 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 statutes regulate substances from cannabis to fentanyl. But they all share one thing in common: Major legal consequences.
You need representation that will fight for your freedom. You need Simi Valley, CA's leading criminal defense attorney on your case. You need the Law Offices of David S. Chesley.
Our local Simi Valley drug charges lawyers will be by your side from day one. We will give you honest advice, discuss defense tactics, and stand by you in front of the judge and jury if your case reaches a trial. To begin fighting the charges, call our representatives at (800) 755-5174 or send us a note online today.
Simi Valley, CA, Drug Charges Lawyer: Page Summary
On this page, we will go over the importance of having a drug defense lawyer in Simi Valley, CA, categories of drug crime allegations in Simi Valley, the most important things to look for in your defense lawyer, gameplans our attorneys use against drug accusations, and the intersection between drug charges and DUIs in Simi Valley.
To learn about a specific topic, you can use the links below to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Simi Valley, CA
- Popular Drug Types and Potential Penalties
- Different Types of Drug Charges in Simi Valley, CA
- DUIs and Drug Charges Defense in Simi Valley, CA
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Allegation FAQs
- Need a Drug Charges Lawyer in Simi Valley, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Team Will Fight Against
Why You Need a Drug Charges Lawyer in Simi Valley, CA, NOW
Drug charges in Simi Valley, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning you can always face an extended stay in jail.
The first reason you should work with a drug charges lawyer right away is to help you understand the charges. A simple possession case looks very different from a drug trafficking case, and your defense attorney needs to know how to fight your particular charges.
The second reason to call a local Simi Valley, 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, you could see simple possession allegations elevated to possession-for-sale accusations. Your attorney can stop you from experiencing self-incrimination.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Early intervention prevents the state from getting a lead on you, and in many cases, we can file a motion to dismiss charges if the evidence is in your favor.
Common Drug Types in Simi Valley, CA, Legal Cases:
When you work with a Simi Valley, CA, drug charges lawyer, you should pick somone who has experience with the type of drug you're facing allegation for. Below, we've listed 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 synthetic drug closely related to methamphetamine. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) Long term use can dampen the brain's reward pathway. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| 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 | 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. |
Potential legal consequences vary significantly based on substance, quantity, your criminal record, and whether the charge is possession, possession-for-sale, or sale/transport. For some typical accusations:
- 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 rarely treated as misdemeanors. They're often felonies, and the sentence can change based on the specific substance and quantity involved.
- Fentanyl carries additional exposure: Proposition 36 (2024) created a list of drugs, including fentanyl, which can trigger felony enhancement if possessed along with a loaded firearm.
- Federal charges carry their own, generally harsher, sentencing structure.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case review and we'll help you find a strategy to minimize negative consequences.
Marijuana in Simi Valley, 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) cases in Simi Valley, CA, most often have more to do with how it was used, rather than just that it was used. As an example, driving with an open package of marijuana is illegal, even if you are sober.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- In most cases, adults over 21 can grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Simi Valley, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. For example, we can demonstrate that you had the legal right to possess marijuana, demonstrate that you did not exceed state limits, and/or show off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Simi Valley, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Simi Valley, CA. We help defendants fight against all kinds of drug crime allegations. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Simi Valley, 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 Simi Valley, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can advocate for diversionary programs to keep you out of jail.
Relevant statutes: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine specifically falls under 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. 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: The two main possession for sale charges you will see in Simi Valley, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). As a straight felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. Sale or transportation for sale is charged under HS 11352 (most substances) or HS 11379 (methamphetamine). If convicted, you are looking at an even harsher sentence — up to nine years if the transportation crosses non-contiguous counties. A drug charges laywer who can negotiate your charges down is essential, if you want to become eligible for common diversion programs like PC 1000 or Proposition 36.
Drug Charge Enhancements
California's drug charge enhancement laws may seem very different, but they share one common attribute: They don't exist in a vacuum. Before you can be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Simi Valley, 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 can come from any category of alleged drug offense. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to drug smuggling, 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.
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 office will learn your side of the story, research applicable laws, challenge evidence, and do whatever we can to secure a favorable outcome for you.
The Intersection Between Drug Charges and DUIs in Simi Valley, CA
Drug cases often intersect with another type of case in Simi Valley, CA: DUIs. Drug DUI defense cases cover a several circumstances, including everything from driving while high on marijuana to prescription drug usage. Legal regulations often make these charges more serious than typical DUIs. For example, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When accused of this type of charge, you need more than a drug charges lawyer. You also need a skillful Simi Valley, CA, DUI defense lawyer who fight on your behalf 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.
How to Find the Right Drug Crimes Defense Attorney
When you are considering your options for a drug charges lawyer in Simi Valley, CA, it can feel impossible trying to decide the right person to represent you. Your life may depend on it, after all.
Here are the top factors you want to see in your drug crimes defense attorney:
- Extensive Experience fighting against these charges
- Knowledge of how the district attorney approaches these cases
- Existing Relationships at the courts in your jurisdiction
- A Track Record of Victories when fighting drug charges for clients
- 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 positive results for Californians.
You can trust us to always be upfront with your case, and you can call us 24/7 if you have any questions or concerns.
Possible Defense Tactics Against Drug Charges
Your charges might be the same as someone else's, but your case is unique. No two cases in Simi Valley, CA, are identical, and you should have a unique defense plan to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some of the possible 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.
- 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 officer coerced you into buying or using illicit drugs, 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 you need a drug crimes defense attorney in Simi Valley, CA, reach out to one of our lawyers now.
Simi Valley, CA, Drug Charge Diversion Options:
Simi Valley has diversion and treatment options available, which your Simi Valley, CA, drug charges lawyer can try to utilize in 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. The program typically includes 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 helps you avoid 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 current law, 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; if you don't take this option, you'll have to fight the felony charge, and risking up to three years behind bars. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Simi Valley, CA, drug charges lawyer is here to help you understand the charges, 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 Simi Valley, CA, on a work visa, 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.
Most drug charge convictions are grounds for deportation, but there is a sole exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). This can affect 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.
Important factors to be aware of:
- Simple possession for personal use (other than certain rare substances) is generally a deportable offense, 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 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 has a constitutional duty to inform you about these immigration implications prior to entering your plea. We will fight for an outcome — such as a plea deal for a different 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 immigration consequences are triggered by conviction, not just sentence, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are an immigrant 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?
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 — 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. You have the right to remain silent and the right to an attorney. Be respectful to the police, but do not provide any information besides your identity, and ask for an attorney right away — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Simi Valley, 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. 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?
PC 1000 is available for qualifying first-time or low-level possession offenses and leads to dismissal after completing education and testing requirements. 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. Which one applies depends on your charge and criminal history.
Is a first-time drug possession charge a felony in Simi Valley, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Need a Drug Charges Lawyer in Simi Valley, CA? Call the Law Offices of David S. Chesley Today
You need help from experts in defending against drug charges Your freedom is important, and it depends on picking the right attorney. Fortunately, we're here to help.
The Simi Valley, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have relationships in courts across California. We will build a strong defense for you against your charges.
Our firm can also assist you with the following legal services in Simi Valley, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Simi Valley drug charges lawyer today at (800) 755-5174 or reach out online to schedule a confidential case evaluation.
Drug Charges Our Lawyers Fight in Simi Valley, 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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