Drug Charges Lawyer in Van Nuys, CA. There are a wide variety of drug laws you can be charged with breaking in Van Nuys, CA. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These laws cover 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.
Stop these charges before it becomes a worst-case scenario. You need Van Nuys, CA's premier criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local Van Nuys drug charges lawyers are avaialble 24/7 to help you. We will research the statute in detail, identify weaknesses in the prosecution's case, and represent you all the way through trial. To begin building your defense, reach out to us at (800) 755-5174 or send us a note online today.
Van Nuys, CA, Drug Charges Lawyer: Page Summary
On this page, we will go over what a Van Nuys, CA, drug charges attorney can do to defend you, categories of drug crime allegations in Van Nuys, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and the intersection between drug charges and DUIs in Van Nuys.
To learn about a particular topic, click on the appropriate link below to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Van Nuys, CA
- Van Nuys, CA, Drug Types and Their Penalties
- Different Types of Drug Charges in Van Nuys, CA
- Intersections Between Drugs and DUIs in Van Nuys
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Van Nuys, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Allegation FAQs
- Contact Your Van Nuys, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Attorneys Fight Against
Why You Need a Drug Charges Lawyer in Van Nuys, CA, NOW
If you've been accused of a drug crime in Van Nuys, CA, it's a big deal, no matter what. Two people who committed similar acts can face very different charges, meaning you're risking years in prison.
The first reason you should work with a drug charges lawyer as soon as possible is to help you understand the charges. A simple possession case takes a different set of skills than 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 Van Nuys, CA, drug charges lawyer right away is to stop yourself from making a mistake. 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. Acting fast lets us build a defense before the prosecution has completed its case, and can even give you a better chance of having the court dismiss charges if the evidence is in your favor.
Van Nuys, CA, Drug Types and Their Penalties:
When you work with a Van Nuys, CA, drug charges lawyer, you should pick somone who can defend charges related to the specific kind of drug in the allegations. Below, we've listed some of the substances against which we have practice defending related charges.
| 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 man-made psychoactive drug. Long term use may impair an individual's memory and learning abilities. |
| 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 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 | 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 the type of drug, quantity, any prior convictions, and the type of charge. 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, 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
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 walk you through what you're actually facing.
Marijuana in Van Nuys, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, legalizing its recreational use.
Since local laws allow for limited use, marijuana (AKA cannabis) charges in Van Nuys, CA, most often have more to do with how it was used, rather than just that it was 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:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Typically, it is legal to grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Van Nuys, 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, demonstrate that you did not exceed state limits, and/or show that it was properly handled at all times.
Drug Charge Categories in Van Nuys, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Van Nuys, CA, area. 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 Van Nuys, 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 Van Nuys, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can advocate for diversionary programs to keep you out of jail.
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 is instead covered by HS 11377. Generally, these possession charges are handled as misdemeanors.
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 drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine). When charged as a 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). 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 Van Nuys, 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 cover a variety of situations, but one thing connects them together: They don't stand 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 Van Nuys, 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. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from trafficking to drug smuggling, but to get the attention of the federal government, it typically 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 an experienced criminal defense lawyer who has the strength to fight the federal prosecutor. Our team of attorneys will learn your side of the story, look for legal loopholes, dissect the case against you, and make every effort to secure a favorable result for you.
DUIs and Drug Charges Defense in Van Nuys, CA
DUIs and drug charges don't always go together in Van Nuys, 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. One aspect that sets these cases apart is that you can be arrested 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 accused of drug DUI charges, you need more than a drug charges lawyer. You also need an expert Van Nuys, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI accusations, you need to request a hearing within ten days of your arrest.
Top Van Nuys, CA, Drug Charges Lawyer Qualitites
If you're looking for a drug charges lawyer in Van Nuys, CA, it can feel impossible trying to decide who will best represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to find in your drug defense attorney:
- Vast Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Relationships at the courts in your jurisdiction
- A Reputation of Delivering Success 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 working for the district attorney's office. We have a wide reach with relationships across the state of 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 talk to us 24/7 if you have any questions or concerns.
Ways Our Lawyers Defend Against Drug Charges
Your charges might be the same as someone else's, but your case is unique. Everyone in the Van Nuys, CA, criminal courts is there under different circumstances, and you should have a customized defense strategy to match.
We'll listen to your story and craft a powerful defense to fit. Here are some staunch strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: If the police searched you, your vehicle, or your dwelling without either probable cause or a warrant, that evidence can be thrown out.
- 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.
- Somone Else's Drugs: 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 cannot be held liable for doing so.
- 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: Not every case can result in a "not guilty" verdict, but there are occasions where a plea deal can lessen the impact of a conviction.
If you need a drug crimes defense attorney in Van Nuys, CA, get in touch with our firm for immediate help.
Van Nuys, CA, Drug Charge Diversion Options:
Van Nuys has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Van Nuys, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
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 is an option that can give you a way to stay out of prison without going through a trial. The program typically includes 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 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 approach drug offense diversion from a unique angle.
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.
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; fail or refuse treatment, and you face 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 Van Nuys, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and stand by your side no matter which route you take.
Drug Convictions' Impact on Immigration Status
If you are not a U.S. citizen, you might have to defend yourself against removal as well as criminal charges — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with a sole exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). This can impact lawful permanent residents ("green card" holders) as well as visa holders, and it can be a factor independent of whether or not the conviction includes a jail sentence.
Important factors to be aware of:
- Simple possession for personal use (for most substances) is normally 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 with little to no opportunity for relief or future re-entry.
- 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 doesn't include specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
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 fighting a drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Allegation Defense Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
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 eligible to have the arrest sealed or the record cleared — your drug charges defense lawyer can help you navigate 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 request counsel immediately — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Van Nuys, 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. An expungement does not erase a conviction for federal immigration purposes, which is why green card and visa holders need support from a lawyer who can handle both criminal and immigration defense.
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 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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Is a first-time drug possession charge a felony in Van Nuys, 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 Van Nuys, though: More serious allegations like selling drugs 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 Van Nuys, CA, Drug Charges Lawyer
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on picking the right defense team. Fortunately, we're here to help.
The Van Nuys, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. 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.
The Law Offices of David S. Chesley also offers the following legal services in Van Nuys, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Van Nuys drug crimes defense attorney right away at (800) 755-5174 or tell us about your case online to set up a no-strings case evaluation.
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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