Drug Charges Lawyer in Westlake Village, CA. Whatever drug accusations you're facing in Westlake Village, 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.
You need someone who can guide you to a positive outcome. You need Westlake Village, CA's leading criminal defense law firm defending your rights. You need the Law Offices of David S. Chesley.
Our local Westlake Village drug charges lawyers know the ins and outs of California drug laws. We will give you honest advice, explain your best options, and represent you all the way through trial. To start building your defense, reach out to our team at (800) 755-5174 or tell us about your case online today.
Westlake Village, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over what a Westlake Village, CA, drug charges attorney can do to defend you, different types of charges you might face, the qualities your attorney should have, strategies we may use in your case, and the intersection between drug charges and DUIs in Westlake Village.
To learn about a particular topic, you can use the links in the list below to skip ahead and learn more:
- Why You Need a Drug Charges Lawyer in Westlake Village, CA, NOW
- Common Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Westlake Village, CA
- DUIs and Drug Charges Defense in Westlake Village, CA
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Westlake Village, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Charge FAQs
- Contact Your Westlake Village, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Firm Will Defend Against
Get Help From a Westlake Village, CA, Drug Charges Lawyer IMMEDIATELY
If you've been accused of a drug crime in Westlake Village, CA, it's a big deal, no matter what. Two people who committed similar acts can face very different charges, meaning you're risking felony consequences.
The first reason you should contact a drug charges lawyer right away is to explain the charges. A simple possession case looks very different from a drug manufacturing case, and your defense attorney should have strategies to fight your particular charges.
The second reason to call a local Westlake Village, CA, drug charges lawyer first thing in your case is to stop yourself from making a mistake. After a police interview without proper legal representation, the charges could be elevated and the state's case strengthened. Your defense 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 we can act before the state builds a compelling case.
Common Drug Types in Westlake Village, CA, Legal Cases:
When deciding on a Westlake Village, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. Below, you can read about some of the substances against which we have practice defending related charges.
| 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 man-made psychoactive drug. A stimulant often used at parties. |
| Cocaine | A highly addictive drug 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 man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | A category of addictive painkillers. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. 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. |
Penalties vary significantly based on substance, quantity, any prior convictions, and whether the charge is possession, possession-for-sale, or sale/transport. As an overview:
- 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 substance and quantity 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.
- Federal charges carry their own, generally harsher, sentencing structure.
Because the numbers shift based on the specific facts of a case, the exact exposure you're facing should be evaluated by an attorney who can review your charge sheet and criminal history — call our office for a free case evaluation and we'll help you find a strategy to minimize negative consequences.
Marijuana in Westlake Village, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, legalizing its recreational use.
Because local laws allow for limited use, marijuana (AKA cannabis) charges in Westlake Village, CA, frequently center around when and where it is 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:
- Legal in limited quantities for adults 21 and older
- In most cases, adults over 21 can grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Westlake Village, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, we can help. For example, we can argue that you were permitted to have cannabis, show that you did not violate any regulations, and/or show off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Westlake Village, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Westlake Village, CA. We help defendants fight against all kinds of drug crime allegations. 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 Westlake Village, CA, are often those related to possession. 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 Westlake Village, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, 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 has its own specific statute in 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 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 Westlake Village, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). For these felony charges, 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. Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Westlake Village, 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 exist in a vacuum. In order to be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Westlake Village, 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 the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to taking part in a drug conspiracy, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. Sentences are often more severe, such as a life sentence and substantial fines.
It's hard to think of many charges worse to face than this. And you need a an experienced criminal defense lawyer with the resources to fight the United States government. Our team of attorneys will conduct investigations, research applicable laws, dissect the case against you, and do whatever we can to secure a favorable result for you.
The Intersection Between Drug Charges and DUIs in Westlake Village, CA
Drug cases often intersect with another type of case in Westlake Village, CA: DUIs. Drug DUI defense cases cover a many different 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 up against this type of charge, you don't just need a drug charges lawyer. You also need an expert Westlake Village, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI accusations, if you wait longer than ten days to request a hearing, you lose your chance.
Qualities in a Good Drug Charges Defense Lawyer
When you are considering your options for a drug charges lawyer in Westlake Village, CA, it can feel impossible trying to decide the right person to represent you. Your life may depend on it, after all.
Here are the top factors you want to look for in your drug crimes defense attorney:
- Vast Experience defending clients in your situation
- Personal Experience as a prosecutor
- Relationships at the courts in your local county
- A History of Positive Outcomes when fighting drug charges for clients
- 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 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.
You can trust us to always be upfront with your case, and you can talk to 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. No two cases in Westlake Village, CA, are identical, and you should have a unique defense plan to match.
We'll listen to your story and craft a powerful defense to fit. Below are some of the possible 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: 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.
- Not Your Drugs: You can argue this if you were present in an area while drugs were there, but they were not yours and you weren't using them.
- Entrapment: In some cases, if an undercover law enforcement agent coerced you into breaking a drug law, you cannot be held liable for doing so.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you need a drug crimes defense attorney in Westlake Village, CA, get in touch with an attorney at our offices today.
Westlake Village, CA, Drug Charge Diversion Options:
Westlake Village has diversion and treatment options available, which your Westlake Village, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must meet legal guidelines. Below are two of the most relevant programs:
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. If you participate in this, you can expect to participate in 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, 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 takes a different approach than a typical diversion program.
Under the 2024 law, individuals with two or more prior drug convictions can now be charged with a "treatment-mandated felony" for offenses that might otherwise have been charged as misdemeanors. Rather than an automatic alternative to jail, this 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 Westlake Village, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
For immigrants in Westlake Village, CA, you're facing even more serious consequences than a U.S. citizen — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
The federal government can initiate removal proceedings for most drug convictions, with a sole exception: a single offense involving possession of 30 grams or less of marijuana for personal use. 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.
Important factors to be aware of:
- Simple possession for personal use (for most substances) is generally grounds for deportation, 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 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 to a non-drug offense, or a disposition that avoids 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, you need to get expert help as soon as you're aware of an investigation. 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?
Even if there isn't a criminal conviction, a background check can still show your arrest. If your case is resolved through PC 1000 or a completed Prop 36 treatment program, you may be able to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
If the police catch me with drugs in my possession, do I have to answer their questions?
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 an attorney right away — if you say the wrong thing, you could end up facing harsher charges.
Can a drug conviction be expunged in Westlake Village, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though this can be affected based on the charge you were convicted of, and any previous convictions. 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 green card and visa holders 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. 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 Westlake Village, CA?
It's rare for first-time possession cases to be charged as a felony in Westlake Village, CA — they're typically treated as misdemeanors. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Westlake Village, CA
These charges need to be treated seriously Your future matters, and it depends on working with the right law firm. Fortunately, we're here to help.
The Westlake Village, 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 always be honest with you and will fight for the best outcome possible.
We also aid with the following legal services in Westlake Village, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Westlake Village drug defense attorney now at (800) 755-5174 or contact us online for a free review of your charges.
Drug Charges Our Lawyers Fight in Westlake Village, 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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