Drug Charges Lawyer in West Covina, CA. Drug crimes in West Covina, CA, come in many forms. 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 cannabis to opioids. But they all share one thing in common: Major legal consequences.
Stop these charges before it becomes a worst-case scenario. You need West Covina, CA's leading criminal defense law firm in your corner. You need the Law Offices of David S. Chesley.
Our local West Covina drug charges lawyers will be by your side from day one. We will listen to you explain your side of the story, identify weaknesses in the prosecution's case, and fight for the best deal or other outcome in your case. To begin fighting the charges, reach out to our representatives at (800) 755-5174 or send us a note online today.
West Covina, CA, Drug Charges Lawyer: Page Summary
Below, you can read about the importance of having a drug defense lawyer in West Covina, CA, categories of drug crime allegations in West Covina, the qualities your attorney should have, strategies we may use in your case, and diversionary programs we can help you explore.
To learn about a specific topic, click on the appropriate link below to skip ahead and learn more:
- Why You Need a Drug Charges Lawyer in West Covina, CA, NOW
- West Covina, CA, Drug Types and Possible Penalties
- Categories of Drug Charges in West Covina, CA
- DUIs and Drug Charges Defense in West Covina, CA
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in West Covina, CA, Today
- Every Drug Charge Our Lawyers Defend Against
The Importance of a West Covina, CA, Drug Charges Lawyer
There's no such thing as a "minor" drug charge in West Covina, CA. The same action can be interpreted by the state in multiple ways, meaning there's always a risk of felony consequences.
The first reason you should work with a drug charges lawyer without hesitation is to help you understand the charges. A simple possession case shouldn't be treated the same as a possession-for-sale case, and your defense attorney needs to know how to defend each.
The second reason to get in touch with a local West Covina, CA, drug charges lawyer early in the defense process is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, 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 leverage local court relationships to explore different defense avenues. Early intervention gives you a head start against the state, and we can even move to dismiss charges if we act early enough.
Drug Types and Legal Context in West Covina, CA:
When picking a West Covina, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. Below, you can read about what types of drugs we most frequently defend charges for in West Covina, 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 | A synthetic drug closely related to methamphetamine. A stimulant often used at parties. |
| Cocaine | A highly addictive drug which can cause intense effects Long term use can dampen the brain's reward pathway. |
| 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 | An extremely dangerous drug made by processing morphine. 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. |
Potential legal consequences vary significantly based on substance, quantity, prior record, and whether the charge is possession, possession-for-sale, or sale/transport. 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 rarely treated as misdemeanors. They're often felonies, and the sentence can change based on the specific drug and quantity 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.
- 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 us for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in West Covina, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, legalizing its recreational use.
Because local laws allow for limited use, marijuana (AKA cannabis) cases in West Covina, CA, most often often revolve around who was using it and whether that person was exceeding legal limits. 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
- In most cases, it is legal to grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your West Covina, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys will fight to defend you. For example, we can show the legality of your ownership, show that you did not violate any regulations, and/or show off the proper regulatory procedures which you adhered to.
Drug Charge Categories in West Covina, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in West Covina, CA. Whatever charges you are facing, we're ready to defend your innocence. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
The most common drug charges in West Covina, CA, are often those related to possession. They cover a wide range of substances 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 West Covina, 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
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 West Covina, 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. 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 West Covina, 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 all have one thing in common: They don't qualify on their own. Before you can be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced West Covina, 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. What sets these apart is that you're fighting against the federal government instead of the local West Covina prosecutor.
These can include anything from production to transportation 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, 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 with the resources to fight the United States government. Our team of attorneys will learn your side of the story, develop a strong defense strategy, dissect the case against you, and do whatever we can to secure a positive result for you.
DUIs and Drug Charges Defense in West Covina, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a several circumstances, including everything from driving while high on marijuana to driving after taking certain medications. Legal regulations often make these charges more serious than typical DUIs. For example, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When facing drug DUI charges, you don't just need a drug charges lawyer. You also need a leading West Covina, 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 only have ten days after an arrest to request a hearing.
Top West Covina, CA, Drug Charges Lawyer Qualitites
When you are considering your options for a drug charges lawyer in West Covina, CA, it can be a challenge trying to decide who will best represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to look for in your drug allegations 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 Reputation of Delivering Victories against the state for these charges
- Availability Anytime so that you can get help when you need it most
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 former prosecutors. We know judges and attorneys throughout California. And we have a history of delivering positive outcomes for our clients.
You can trust us to always be upfront with your case, and you can call us 24/7 if you have any questions or concerns.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Your charges might be the same as someone else's, but your case is unique. No two cases in West Covina, CA, are identical, and you should have a customized defense strategy to protect you.
Our attorneys treat every client as an individual. 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: 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: 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 breaking a drug law, you can be found innocent of the criminal charges.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given 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 West Covina, CA, contact the Law Offices of David S. Chesley now.
West Covina, CA, Drug Charge Diversion Options:
West Covina has diversion and treatment options available — be sure to ask your West Covina, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. 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. The program typically includes drug education classes, sobriety requirements, and regular drug testing. The main reason people like to take advantage of PC 1000 is it prevents a conviction from going on your record. 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 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.
While this doesn't automatically keep people out of jail, it creates 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, with a prison sentence of up to three years. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your West Covina, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, explore sentencing and charge alternatives with you, and stand by your side no matter which route you take.
How a Drug Conviction in West Covina, CA, Affects Immigration Status
If you are not a U.S. citizen, you're facing even more serious consequences than a U.S. citizen — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
The federal government can initiate removal proceedings for most drug convictions, with one specific 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 applies even if you weren't given jail time on your conviction.
A few key distinctions matter a great deal:
- Simple possession for personal use (for most 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 not treated as lightly. They are typically classified as aggravated felonies, which can trigger mandatory deportation and create barriers to appeals efforts.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is required 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 for a different offense, or a disposition that avoids specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because a criminal record can bring immigration consequences regardless of the sentence, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are an immigrant up against a drug crime allegation, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge 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 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. Politely decline to answer questions beyond identifying yourself, and ask for an attorney right away — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can a drug conviction be expunged in West Covina, 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. The conviction can still potentially be used as grounds for deportation, though, 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?
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 applies to repeat offenders facing a treatment-mandated felony and requires completing a court-supervised treatment program to avoid the felony consequences. Your eligibility is ultimately determined by the underlying charge and your existing record.
Does West Covina, CA, prosecute drug possession charges as felonies?
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.
The Law Offices of David S. Chesley Is Ready to Be Your West Covina, CA, Drug Charges Lawyer
You need help from experts in defending against drug charges Your freedom is important, and it depends on working with the right law firm. Fortunately, we're here to help.
The West Covina, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We are prepared to defend you against a variety of drug charges, both misdemeanor and felony. 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 West Covina, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your West Covina drug charges defense lawyer now at (800) 755-5174 or contact us online to schedule a free, confidential 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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