Drug Charges Lawyer in Victorville, CA. Whatever drug accusations you're facing in Victorville, 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 laws 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.
Get help before it's too late. You need Victorville, CA's leading criminal defense lawyer defending your rights. You need the Law Offices of David S. Chesley.
Our local Victorville drug charges lawyers are avaialble 24/7 to help you. 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, reach out to our law offices at (800) 755-5174 or use our contact form today.
Victorville, CA, Drug Charges Lawyer: Page Summary
On this page, we will go over what a Victorville, CA, drug charges attorney can do to defend you, different types of charges you might face, the key factors you want your defense team to have, gameplans our attorneys use against drug accusations, and more.
To focus on a specific topic, click on the appropriate link below to skip ahead and learn more:
- Why You Need a Drug Charges Lawyer in Victorville, CA, NOW
- Victorville, CA, Drug Types and Possible Penalties
- Different Types of Drug Charges in Victorville, CA
- How Drugs Can Affect DUI Charges in Victorville
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Victorville, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Need a Drug Charges Lawyer in Victorville, CA? Call the Law Offices of David S. Chesley Today
- All the Drug Charges Our Attorneys Defend Against
Don't Waste Time: Contact a Victorville, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Victorville, CA, always need to be taken seriously. 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 as soon as possible is to help you understand the charges. A simple possession case shouldn't be treated the same as a drug manufacturing case, and your defense attorney should understand how to defend each.
The second reason to contact a local Victorville, 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, the charges could be elevated and the state's case strengthened. Your lawyer can advise what to share and what not to share with the state.
Additionally, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early prevents the state from getting a lead on you, and we can even move to dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in Victorville, CA:
When deciding on a Victorville, CA, drug charges lawyer, you want someone who can defend charges related to the specific kind of drug in the allegations. Below, we've listed what types of drugs we most frequently defend charges for in Victorville, CA.
| 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 | Also known as MDMA, Molly, and E. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive drug which can cause intense effects Its use can harm the brain, as well as several other organs. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. 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. |
Penalties vary significantly based on the type of drug, quantity, your criminal record, and the accusation you're facing. As a general framework:
- 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 are more serious charges. Most accusations are felonies, with sentencing ranges that depend heavily on the specific drug and amount involved.
- Fentanyl cases are particularly harsh: 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
There's no simple method to tell what kind of sentence you're facing based on your charges. Our drug defense attorneys can help — call our office for a free case evaluation and we'll walk you through what you're actually facing.
Marijuana in Victorville, 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.
Since it has been legalized for recreational use, marijuana (AKA cannabis) accusations in Victorville, CA, frequently center around when and where it is used. For 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
- Typically, it is legal to grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Victorville, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer will fight to defend you. For example, we can demonstrate that you had the legal right to possess marijuana, argue that you remained within legal limitations, and/or show that it was properly handled at all times.
Drug Charge Categories in Victorville, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Victorville, 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 Victorville, CA. They cover a wide range of substances 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 Victorville, 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: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine has its own specific statute in HS 11377. Generally, these possession charges are handled as misdemeanors.
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 charges are almost always treated more harshly than possession/use charges. 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: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (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). Sentences for these charges can be even more severe — 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 all have one thing in common: They don't qualify on their own. To be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Victorville, 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 difference is that you're fighting against the federal government instead of the local Victorville prosecutor.
These can include anything from production to transportation to running a drug ring, but normally it 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 a leading criminal defense lawyer who has the strength to battle the United States government. Our team of attorneys will protect your rights, research applicable laws, review evidence, and do whatever we can to secure a favorable outcome for your case.
The Intersection Between Drug Charges and DUIs in Victorville, CA
Drug cases often intersect with another type of case in Victorville, CA: DUIs. Drug DUI defense cases can include a wide range of circumstances, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. What's worse, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When accused of drug DUI charges, you need more than a drug charges lawyer. You also need a skillful Victorville, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, you need to request a hearing within ten days of your arrest.
Top Victorville, CA, Drug Charges Lawyer Qualitites
When picking a drug charges lawyer in Victorville, CA, to take your case, it can be overwhelming trying to decide which one to represent you. With so much at stake, you don't want to make the wrong choice.
Here are the top factors you want to look for 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 local county
- A Reputation of Delivering Success versus the prosecution in drug cases
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over five decades of combined legal experience, including as both prosecutors and defense attorneys. We offer legal services 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 get a hold of us 24/7 if you have any questions or concerns.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Whatever law you're accused of breaking, you have your own unique story to tell. The details are different for every criminal case in Victorville, CA, and you should have a customized defense strategy to match.
We'll listen to your story and craft a powerful defense to fit. Below are some powerful strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: By getting evidence thrown out, the case against you can be weakened.
- 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 Victorville, CA, get in touch with our firm for immediate help.
Victorville, CA, Drug Charge Diversion Options:
Victorville has diversion and treatment options available — be sure to ask your Victorville, 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 is an option that can give you a way to stay out of prison without going through a trial. 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 prevents you from going through many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36, which took effect in December 2024, changed California's approach to repeat drug offenses. It's important to understand that this is a different, newer law than the Proposition 36 passed in 2000, and it works differently than a traditional 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.
If you're facing this charge, you have 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, and risking up to three years behind bars. The law also increased potential penalties for large quantities of certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Victorville, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and fight to keep a conviction off your record.
How a Drug Conviction in Victorville, CA, Affects Immigration Status
For immigrants in Victorville, CA, 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 a sole 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.
Important factors to be aware of:
- Simple possession for personal use (other than certain rare substances) is ordinarilly grounds for deportation, 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 significantly more serious. They are often considered 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 required 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 — which minimizes your chances of being deported.
Because a criminal record can bring immigration consequences regardless of the sentence, it's important to avoid mistakes from the very start of your case. If you are an immigrant facing any drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
Even if there isn't a criminal conviction, a background check can still show your arrest. If you were able to take advantage of a diversion program like PC 1000 or Proposition 36, you may be able 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. The Fifth Amendment gives you the right to remain silent during questioning. Be respectful to the police, but do not provide any information besides your identity, and ask for an attorney right away — if you say the wrong thing, you could end up facing harsher charges.
Can I get my record sealed after a drug conviction in Victorville, 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 green card and visa holders need to work with an experienced drug crimes attorney who also practices immigration law.
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 applies to repeat offenders facing a treatment-mandated felony and requires completing a court-supervised treatment program to avoid the felony consequences. To learn more about how to explore these paths, speak to an attorney today.
If I don't have a record, will my drug possession charge be a felony in Victorville, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Need a Drug Charges Lawyer in Victorville, CA? Call the Law Offices of David S. Chesley Today
These charges need to be treated seriously Your future matters, and it depends on picking the right defense attorney. Our team is ready to stand by your side.
The Victorville, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We defend all kinds of major criminal charges, including drug crime allegations. 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 Victorville, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Victorville drug crimes defense attorney today at (800) 755-5174 or use our online contact form to set up a free, confidential case evaluation.
Drug Charges Our Lawyers Fight in Victorville, 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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