Drug Charges Lawyer in South Gate, CA. Drug crimes in South Gate, CA, come in many forms. You could be accused of possessing them, selling them, or making them. These statutes regulate substances from cannabis to fentanyl. 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 representation that will fight for your freedom. You need South Gate, CA's premier criminal defense lawyer defending your rights. You need the Law Offices of David S. Chesley.
Our local South Gate 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 fight for the best deal or other outcome in your case. To start fighting the charges, reach out to our representatives at (800) 755-5174 or set up a free, confidential consultation now.
South Gate, CA, Drug Charges Lawyer: Page Summary
On this page, we will go over the importance of having a drug defense lawyer in South Gate, CA, different types of charges you might face, 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 South Gate.
To focus on a particular topic, you can use the links in the list below to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in South Gate, CA
- Popular Drug Types and Possible Penalties
- Categories of Drug Crime Allegations in South Gate, CA
- Intersections Between Drugs and DUIs in South Gate
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- South Gate, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Need a Drug Charges Lawyer in South Gate, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Attorneys Defend Against
Get Help From a South Gate, CA, Drug Charges Lawyer IMMEDIATELY
If you've been accused of a drug crime in South Gate, CA, it's a big deal, no matter what. Two people who committed similar acts can face very different charges, meaning there's always a risk of years in prison.
The first reason you should contact a drug charges lawyer immediately is to help you understand the charges. A simple possession case shouldn't be treated the same as a drug manufacturing case, and your drug defense attorney should understand how to defend each.
The second reason to call a local South Gate, 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. A drug charges defense attorney can help you talk to police the right way, instead of incriminating yourself.
Lastly, 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 can even give you a better chance of having the court dismiss charges if the evidence is in your favor.
South Gate, CA, Drug Types and Their Penalties:
When picking a South Gate, CA, drug charges lawyer, you want someone 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 | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | Also known as MDMA, Molly, and E. A stimulant often used at parties. |
| Cocaine | A highly addictive drug which can cause intense effects Its use can harm the brain, as well as several other organs. |
| 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. 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. |
Sentences vary significantly based on substance, quantity, your criminal record, and the act you're being accused of. As an overview:
- 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 South Gate, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because local laws allow for limited use, marijuana (AKA cannabis) charges in South Gate, CA, most often center around when and where it is used. For 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
- Typically, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your South Gate, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, we will fight to defend you. For example, we can demonstrate that you had the legal right to possess marijuana, show that you did not violate any regulations, and/or show off the proper regulatory procedures which you adhered to.
Different Types of Drug Charges in South Gate, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in South Gate, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. 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
Possession charges are the first level of drug charges in South Gate, CA. These can be charged for any illegal substance and these charges can apply if the drugs are on your person, in your vehicle, or anywhere you would control access to them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your South Gate, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can be by your side every step of the way.
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 specifically falls under 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
A conviction of one of these charges typically means a much longer prison sentence than for simple 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. For these felony charges, 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. 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 one thing connects them together: They don't stand on their own. In order to be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced South Gate, 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 the federal government is prosecuting you instead of the state government.
These can include anything from trafficking to running a drug ring, but most often 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 an experienced criminal defense lawyer who has the strength to match the United States government. Our team of attorneys will learn your side of the story, look for legal loopholes, review evidence, and make every effort to secure a positive outcome for your case.
South Gate, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in South Gate, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a many different situations, 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 taken into custody if there is any amount of THC in your system while driving (as opposed to alcoholwhich only has a "zero tolerance" law people who are underage).
When up against drug DUI charges, you don't just need a drug charges lawyer. You also need an expert South Gate, 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 cases, you only have ten days after an arrest to request a hearing.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in South Gate, CA, it can be a challenge 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 find in your drug allegations defense attorney:
- Prior Experience fighting these cases in court
- Personal Experience as a prosecutor
- Relationships at the courts in your local county
- A Track Record of Victories against the state for these charges
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, our firm fulfills all of these requirements. We have over 50 years of combined courtroom experience, including former prosecutors. We know judges and attorneys throughout California. And we have delivered many victories for Californians.
We will always be honest with you about the state of your case, and you can get a hold of us 24/7 if you need anything from our offices.
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 South Gate, CA, are identical, and you should have a tailored 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: Most laws surrounding drugs only make it a crime if you intend to break them.
- 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 rare cases, if an undercover officer coerced you into breaking a drug law, you may be exempt from a conviction.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you're facing drug crime charges in South Gate, CA, and need help, call our firm for immediate help.
South Gate, CA, Drug Charge Diversion Options:
South Gate has diversion and treatment options available, which your South Gate, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must meet legal guidelines. Below are two of the most relevant programs:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is often a very helpful, positive outcome for individuals accused of simple possession. If you participate in this, you can expect to participate in drug education classes, requirements to stay sober, and regular drug testing. If you go through the PC 1000 program and complete it without any issues, your original charges are dismissed, keeping a criminal conviction off of 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 current law, what was originally a misdemeanor charge can be instead charged as a "treatment-mandated felony." This is only an option if the accused person has two or more previous drug-related convictions on their record.
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; you can opt to refuse treatment, but you'll be up against the underlying felony charge, and risking up to three years behind bars. 2024's Proposition 36 also heightened potential drug crime sentences, depending on the quantity and type of substance, and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your South Gate, CA, drug charges lawyer can help you understand whether you qualify for options that keep you out of court, advocate for that path where it's available, and fight to keep a conviction off your record.
Drug Convictions' Impact on Immigration Status
If you are a lawful permanent resident or are in South Gate, CA, on a work visa, 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 a sole exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can impact 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 (for most 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 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 tell you about these immigration consequences before you make a plea. An attorney who understands both sides can negotiate a resolution — such as a plea deal to another, non-drug charge, 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 a non-citizen up against a drug case, tell your attorney immediately — this materially changes how your case should be defended.
Drug Allegation Defense 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. 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.
Do I have to talk to police if I'm caught with drugs?
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 immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in South Gate, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though whether or not you are eligible can be affected by the specific charge and your previous conviction record. An expungement does not erase a conviction for federal immigration purposes, 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?
PC 1000 is available for qualifying first-time or low-level possession offenses and leads to dismissal after completing education and testing requirements. 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 South Gate, CA?
For most first-time possession cases in South Gate, CA, you'll only face a misdemeanor charge. 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 South Gate, 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 South Gate, 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 South Gate, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your South Gate drug charges lawyer right away at (800) 755-5174 or use our online contact form to schedule a free, confidential review of your charges.
Drug Charges Our Lawyers Fight in South Gate, 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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