Drug Charges Lawyer in Anaheim, CA. There are a wide variety of drug laws you can be charged with breaking in Anaheim, CA. You could be accused of possessing them, selling them, or making them. These laws cover substances from cannabis to opioids. If found guilty, you can face life-altering consequences.
You need someone who can guide you to a positive outcome. You need Anaheim, CA's leading criminal defense law firm defending your rights. You need the Law Offices of David S. Chesley.
Our local Anaheim drug charges lawyers are ready for your case today. We will listen to you explain your side of the story, discuss defense tactics, and fight for the best deal or other outcome in your case. To begin building your defense, contact our attorneys at (800) 755-5174 or ask about a free case review online now.
Anaheim, CA, Drug Charges Lawyer: Page Summary
Below, you can learn about how a Anaheim, CA, drug defense attorney will protect your rights, different types of charges you might face, the qualities your attorney should have, effective defense tactics against all sorts of charges, and diversionary programs we can help you explore.
To learn about a particular topic, you can use the links in the following menu to jump ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Anaheim, CA
- Popular Drug Types and Potential Penalties
- Different Types of Drug Crime Allegations in Anaheim, CA
- How Drugs Can Affect DUI Charges in Anaheim
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Anaheim, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Crime FAQs
- Contact Your Anaheim, CA, Drug Charges Attorney Now
- All the Drug Charges Our Lawyers Defend Against
Why You Need a Drug Charges Lawyer in Anaheim, CA, NOW
Drug charges in Anaheim, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning you can always face years in prison.
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 drug defense attorney should have strategies to fight against whatever you've been accused of.
The second reason to get in touch with a local Anaheim, CA, drug charges lawyer early in the defense process 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. A drug charges attorney can help you talk to police the right way, instead of incriminating yourself.
Finally, your drug charges attorney will open doors for new strategies through plea negotiations. Acting fast prevents the state from getting a lead on you, and we can even move to dismiss charges if the evidence is in your favor.
Anaheim, CA, Drug Types and Their Penalties:
When deciding on a Anaheim, CA, drug charges lawyer, you should go with an attorney who has experience with the type of drug you're facing allegation for. In the following section, you can read about some of the most common substances that are the center of illegal drug cases in the state.
| Drug Type | Description |
|---|---|
| Prescription Drugs | Charges often revolve around having a technically legal drug without permission, or selling it to someone you aren't supposed to. |
| Ecstacy | A man-made psychoactive drug. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug derived from a South American plant Long term use can dampen the brain's reward pathway. |
| 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 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. |
Potential legal consequences vary significantly by the type of drug, how much there was, prior record, and the act you're being accused of. 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 are more serious charges. Most accusations are felonies, and the sentence can change based 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.
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 review and we'll help you get an idea of what you're up against.
Marijuana in Anaheim, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Since California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Anaheim, CA, frequently center around when and where it is used. As an example, driving with an open package of marijuana is illegal, even if you are sober.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Typically, adults over 21 can grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your Anaheim, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we can help. For example, we can show the legality of your ownership, argue that you remained within legal limitations, and/or make the case that no laws were violated in the handling of the plant.
Different Types of Drug Charges in Anaheim, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Anaheim, CA, area. 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
The most common drug charges in Anaheim, CA, are often those related to possession. 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 Anaheim, 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: Simple possession of most hard drugs falls under Health and Safety Code 11350, 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
Accusations of drug production, transportation, and distribution take on the other side of a drug deal: The alleged 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. On top of fighting the charges, your drug defense attorney can help you explore plea deals, if they make sense for your case.
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). 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 Anaheim, 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 stand on their own. Before you can be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Anaheim, 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 distinction is that you're fighting against the federal government instead of the local Anaheim prosecutor.
These can include anything from production to transportation to drug smuggling, but most often will involve large quantities and/or crossing state lines. The penalties are often much harsher, up to and including life imprisonment and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a leading criminal defense lawyer who has the strength to match the federal prosecutor. Our team of attorneys will protect your rights, develop a strong defense strategy, review evidence, and make every effort to secure a favorable result for you.
Anaheim, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in Anaheim, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover 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 taken into custody if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When facing this type of charge, you don't just need a drug charges lawyer. You also need a skillful Anaheim, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
Top Anaheim, CA, Drug Charges Lawyer Qualitites
If you're looking for a drug charges lawyer in Anaheim, CA, 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.
These are the main qualities you want to look for in your drug crimes defense attorney:
- Prior Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships at the courts in your jurisdiction
- A Reputation of Delivering Positive Outcomes versus the prosecution in drug cases
- Availability Anytime so that you can get help when you need it most
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 know judges and attorneys throughout California. And we have delivered positive results for our clients.
You can trust us to always be upfront with your case, and you can get a hold of us 24/7 if you need anything from our offices.
Strong Defense Strategies Our Attorneys Use in Drug Cases
The statute you violated may not be unique, but your case is. The details are different for every criminal case in Anaheim, CA, and you should have a tailored defense plan to protect you.
We'll listen to your story and craft a powerful defense to fit. Below are some strong 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: Most laws surrounding drugs only make it a crime if you intend to break them.
- 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 buying or using illicit drugs, 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 Anaheim, CA, get in touch with an attorney at our offices now.
Anaheim, CA, Drug Charge Diversion Options:
Anaheim has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Anaheim, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
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. The program typically includes drug education classes, sobriety requirements, 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 takes a different approach than a typical diversion program.
Under the current law, 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.
Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); if you don't take this option, you'll have to fight the felony charge, and risking up to three years behind bars. 2024's Proposition 36 also increased potential penalties for large quantities of certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Anaheim, 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.
Immigration Consequences of a Drug Conviction
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.
Most drug charge convictions are grounds for deportation, but there is one specific exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can affect 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for the majority of drugs) is generally 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 not treated as lightly. They are typically classified 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 required to inform you about these immigration implications prior to entering your plea. 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 defends your legal status in the country, as well as your criminal record.
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 a lawful permanent resident or visa holder facing any drug case, 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 you're not convicted of the underlying charge, a background check can still show the arrest. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be eligible 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 have the right to remain silent and the right to an attorney. Be respectful to the police, but do not provide any information besides your identity, and ask for an attorney right away — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in Anaheim, 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?
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. Which one applies depends on your charge and criminal history.
Does Anaheim, CA, prosecute drug possession charges as felonies?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Need a Drug Charges Lawyer in Anaheim, CA? Call the Law Offices of David S. Chesley Today
You need help from experts in defending against drug charges It's important to fight for a positive outcome, and it depends on working with the right lawyer. We are ready to take your case.
The Anaheim, 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.
We also aid with the following legal services in Anaheim, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Anaheim drug defense attorney now at (800) 755-5174 or tell us about your case online to set up a free, confidential 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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