Drug Charges Lawyer in Temecula, CA. Whatever drug accusations you're facing in Temecula, CA, it's not an easy thing to handle. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These statutes regulate substances from marijuana to opioids. If found guilty, you can face life-altering consequences.
Don't let these accusations derail your life. You need Temecula, CA's premier criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local Temecula drug charges lawyers know the ins and outs of California drug laws. We will give you honest advice, explain your best options, and stand by you in front of the judge and jury if your case reaches a trial. To begin fighting the charges, contact us at (800) 755-5174 or set up a free, confidential consultation now.
Temecula, CA, Drug Charges Lawyer: Page Summary
Below, you can read about what a Temecula, CA, drug charges attorney can do to defend you, the types of substances considered illegal in Temecula, the most important things to look for in your defense lawyer, gameplans our attorneys use against drug accusations, and diversionary programs we can help you explore.
If you want to read about a specific topic, you can use the links below to jump ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Temecula, CA
- Common Drug Types and Their Penalties
- Categories of Drug Charges in Temecula, CA
- How Drugs Can Affect DUI Charges in Temecula
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Temecula, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Contact Your Temecula, CA, Drug Charges Attorney Now
- Every Drug Charge Our Lawyers Fight Against
Get Help From a Temecula, CA, Drug Charges Lawyer IMMEDIATELY
Drug charges in Temecula, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning you're risking an extended stay in jail.
The first reason you need a drug charges lawyer without hesitation is to give you an understanding of the accusations. A simple possession case looks very different from a drug manufacturing case, and your drug defense attorney should have strategies to defend against whatever you've been accused of.
The second reason to get in touch with a local Temecula, CA, drug charges lawyer as soon as you've been accused is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, what was once just a possession charge could now be a trafficking charge. A drug charges lawyer can advise what to share and what not to share with the state.
Additionally, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Acting fast 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 Temecula, CA, Legal Cases:
When picking a Temecula, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. In the following section, we've outlined what types of drugs we most frequently defend charges for in Temecula, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| 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 which can cause intense effects 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 | A very addictive substance, and one of the most dangerous opioids. 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. |
Penalties vary significantly by the type of drug, quantity, your criminal record, and the act you're being accused of. As an overview:
- Most of the time, if you're only accused of possession and not distributing a drug, the charge will only be a misdemeanor, with a maximum sentence of one year in jail. Different prosecutors may treat some substances in a harsher manner, though.
- 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 is treated extra seriously: 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 us for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Temecula, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, letting people use it recreationally.
Because California no longer criminalizes using it, marijuana (AKA cannabis) allegations in Temecula, CA, most often center around when and where it is used. 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, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Temecula, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys will fight to defend you. For example, we can argue that you were permitted to have cannabis, 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 Temecula, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Temecula, 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 Temecula, CA. They cover a wide range of substances 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 Temecula, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can protect your freedom through diversionary programs, if applicable.
Relevant statutes: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine is instead covered by 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
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
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: The two main possession for sale charges you will see in Temecula, 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). These charges carry longer exposure — 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 one thing connects them together: They don't exist on their own. To be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Temecula, 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. The difference 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. If you're accused of this, you're up against truly severe penalties, 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 a seasoned criminal defense lawyer who has the strength to match the United States government. Our team of attorneys will learn your side of the story, research applicable laws, dissect the case against you, and make every effort to secure a positive result for your case.
DUIs and Drug Charges Defense in Temecula, CA
Drug cases often intersect with another type of case in Temecula, CA: DUIs. Drug DUI defense cases can include a wide range of circumstances, including everything from driving while high on marijuana to prescription drug usage. What's worse, 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 need more than a drug charges lawyer. You also need an expert Temecula, CA, DUI defense lawyer who will fight your case both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, if you wait longer than ten days to request a hearing, you lose your chance.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in Temecula, CA, it can be overwhelming trying to decide which one to represent you. Your life may depend on it, after all.
These are the main qualities you want to find in your drug crimes defense attorney:
- Vast Experience fighting these cases in court
- Knowledge of how the district attorney approaches these cases
- Relationships with prosecutors and judges in your local county
- A Reputation of Delivering 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, our firm fulfills all of these requirements. We have over 50 years of combined legal experience, including as both prosecutors and defense attorneys. We know judges and attorneys throughout California. And we have delivered positive results for Californians.
We will always be honest with you about the state of your case, and you can call us 24/7 if you need anything from our offices.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Your charges might be the same as someone else's, but your case is unique. The details are different for every criminal case in Temecula, CA, and you should have a customized defense plan to protect you.
Our attorneys treat every client as an individual. Below 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.
- Didn't Belong to You: 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 officer coerced you into breaking a drug law, you cannot be held liable for doing so.
- 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If someone's accused you of a drug crime in Temecula, CA, reach out to an attorney at our offices now.
Temecula, CA, Drug Charge Diversion Options:
Temecula has diversion and treatment options available — be sure to ask your Temecula, CA, drug charges lawyer about whether or not they apply to your case. 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 often a very helpful, positive outcome for individuals accused of simple possession. It generally involves 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 approach drug offense diversion from a unique angle.
Under the modern 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.
If you're facing this charge, you have a choice: complete court-mandated treatment, you avoid a conviction; you can opt to refuse treatment, but you'll be up against the underlying felony charge, and risking up to three years behind bars. The law 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 Temecula, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, 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 not a U.S. citizen, you're facing even more serious consequences than a U.S. citizen — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
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 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (other than certain rare substances) is generally enough to qualify for removal, but is not automatically classified as an "aggravated felony" — meaning that you likely won't lose access to certain modes 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 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 advise a client of these immigration consequences before a plea is entered. An attorney who understands both sides can negotiate a resolution — such as a plea deal to another, non-drug charge, or a disposition that avoids specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
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 a lawful permanent resident or visa holder up against a drug charge, tell your attorney immediately — this materially changes how your case should be defended.
Drug Charge Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
Even if you're not convicted of the underlying charge, a background check can still show the arrest. If you were able to take advantage of a diversion program like PC 1000 or Proposition 36, you may be eligible to have the arrest sealed or the record cleared — your drug charges defense lawyer can help you navigate 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. Be respectful to the police, but do not provide any information besides your identity, and ask for a lawyer right away — 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 Temecula, 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. 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 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?
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. 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.
Does Temecula, CA, prosecute drug possession charges as felonies?
For most first-time possession cases in Temecula, CA, you'll only face a misdemeanor charge. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Talk to a Drug Charges Defense Lawyer in Temecula, CA, Today
You need help from experts in defending against drug charges It's important to fight for a positive outcome, and it depends on partnering with the right defense team. Our team is ready to stand by your side.
The Temecula, 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 defend all kinds of major criminal charges, including drug crime allegations. 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 Temecula, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Temecula drug defense attorney now at (800) 755-5174 or use our online contact form to schedule a confidential review of your charges.
Drug Charges Our Lawyers Fight in Temecula, 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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