Drug Charges Lawyer in South San Diego, CA. There are a wide variety of drug laws you can be charged with breaking in South San Diego, CA. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These charges can include all kinds of substances from marijuana to heroin. The fallout from a drug crime conviction can turn your world upside down.
You need representation that will fight for your freedom. You need South San Diego, CA's premier criminal defense law firm in your corner. You need the Law Offices of David S. Chesley.
Our local South San Diego drug charges lawyers know the ins and outs of California drug laws. 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, contact our law offices at (800) 755-5174 or tell us about your case online today.
South San Diego, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over the importance of having a drug defense lawyer in South San Diego, CA, different types of charges you might face, the most important things to look for in your defense lawyer, effective defense tactics against all sorts of charges, and diversionary programs we can help you explore.
To learn about a specific topic, click on the appropriate link in the list below to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in South San Diego, CA
- South San Diego, CA, Drug Types and Possible Penalties
- Different Types of Drug Crime Allegations in South San Diego, CA
- How Drugs Can Affect DUI Charges in South San Diego
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Crime FAQs
- Need a Drug Charges Lawyer in South San Diego, CA? Call the Law Offices of David S. Chesley Today
- All the Drug Charges Our Firm Will Fight Against
The Importance of a South San Diego, CA, Drug Charges Lawyer
If you've been accused of a drug crime in South San Diego, CA, it's a big deal, no matter what. There can be leeway in what the prosecution decides to charge you with, meaning there's always a risk of years in prison.
The first reason you should work with a drug charges lawyer as soon as possible is to explain the charges. A simple possession case looks very different from a drug manufacturing case, and your defense attorney should understand how to fight against whatever you've been accused of.
The second reason to contact a local South San Diego, CA, drug charges lawyer as soon as you've been accused is to protect yourself from mistakes. After a police interview without proper legal representation, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges lawyer can help you talk to police the right way, instead of incriminating yourself.
On top of that, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. 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 can act before the state builds a compelling case.
Common Drug Types in South San Diego, CA, Legal Cases:
When picking a South San Diego, CA, drug charges lawyer, you want someone who has experience with the type of drug you're facing allegation for. In the following section, 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 | 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. 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) It is taken in a variety of ways. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | A class of drugs, including both prescription medications and fully illegal types. 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 by substance, quantity, prior 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 are more serious charges. Most accusations are felonies, with sentencing ranges that depend heavily on the specific substance and amount 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in South San Diego, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because California no longer criminalizes using it, marijuana (AKA cannabis) charges in South San Diego, CA, frequently have more to do with how it was used, rather than just that it was used. 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:
- Legal in limited quantities for adults 21 and older
- Typically, adults over 21 can grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your South San Diego, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer can help. For example, we can show the legality of your ownership, show that you did not violate any regulations, and/or make the case that no laws were violated in the handling of the plant.
Charges a Drug Crimes Defense Lawyer Will Fight in South San Diego, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in South San Diego, CA. We help defendants fight against all kinds of drug crime allegations. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
The most common drug charges in South San Diego, CA, are often those related to possession. These can be charged for any illegal substance and these charges can apply regardless of where the drugs were physically at, as long as you controlled them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your South San Diego, 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 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
Drug dealing allegations are treated much differently than drug possession. They are often given harsher sentences for allegedly making, transporting, and/or selling the substance.
- 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. When charged as a 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 South San Diego, 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 can be very different from each other, but one thing connects them together: 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 South San Diego, 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 U.S. government is prosecuting you, not just the South San Diego district attorney.
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 has the strength to match the United States government. Our firm will conduct investigations, look for legal loopholes, dissect the case against you, and do whatever we can to secure a favorable outcome for you.
South San Diego, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in South San Diego, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a wide range of situations, 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 an expert South San Diego, CA, DUI defense lawyer who defend 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 picking a drug charges lawyer in South San Diego, CA, to take your case, it can feel impossible trying to decide which one to represent you. Your freedom and rights hang in the balance.
These are the main qualities 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 with prosecutors and judges in your jurisdiction
- A History of Positive Outcomes versus the prosecution in drug cases
- 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 former prosecutors. We offer legal services throughout California. And we have delivered many victories for Californians.
You can trust us to always be upfront with your case, and you can call us 24/7 if you need anything from our offices.
Possible Defense Tactics Against Drug Charges
The statute you violated may not be unique, but your case is. The details are different for every criminal case in South San Diego, CA, and you should have a tailored defense strategy 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: 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.
- Didn't Belong to You: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In rare cases, if an undercover officer 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're looking for a drug charges lawyer in South San Diego, CA, call one of our attorneys today.
South San Diego, CA, Drug Charge Diversion Options:
South San Diego has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your South San Diego, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must meet legal guidelines. 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. 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 protects you from 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 takes a different approach than a typical diversion program.
Under the 2024 rules, 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.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the case can be dismissed with the arrest sealed; if you don't take this option, you'll have to fight the felony charge, with a prison sentence of up to three years. 2024's Proposition 36 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 South San Diego, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
Immigration Consequences of a Drug Conviction
If you are not a U.S. citizen, 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 one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. 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.
A few key distinctions matter a great deal:
- 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 far more likely to be treated 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 tell you about these immigration consequences before you make a plea. Our firm works hard to find outcomes — such as a plea to a non-drug offense, or a disposition that avoids specific "aggravated felony" language — which minimizes your chances of being deported.
Because immigration consequences are triggered by conviction, not just sentence, it's important to avoid mistakes from the very start of your case. If you are a non-citizen facing any drug crime allegation, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Allegation Defense 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 able to have the arrest sealed or the record cleared — an attorney can help you explore these options.
Do I have to talk to police if I'm caught with drugs?
No. You are not required to answer any self-incriminating questions during an interrogation. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for an attorney immediately — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can I expunge a previous drug conviction in South San Diego, CA?
The answer depends on the specific charge and your sentence. Penal Code 1203.4 allows for expungement in many cases after completing probation, though eligibility depends on the specific charge and your record. An expungement does not erase a conviction for federal immigration purposes, which is why non-citizens need support from a lawyer who can handle both criminal and immigration defense.
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. Which one applies depends on your charge and criminal history.
If I don't have a record, will my drug possession charge be a felony in South San Diego, CA?
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 South San Diego, though: More serious allegations like distribution are normally treated as a felony regardless of whether this is your first time being charged or not.
The Law Offices of David S. Chesley Is Ready to Be Your South San Diego, CA, Drug Charges Lawyer
These charges need to be treated seriously Your freedom is important, and it depends on picking the right lawyer. Fortunately, we're here to help.
The South San Diego, 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 will always be honest with you and will fight for the best outcome possible.
Our firm can also assist you with the following legal services in South San Diego, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your South San Diego drug charges lawyer right away at (800) 755-5174 or tell us about your case online to schedule a no-strings review of your case.
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)
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