Drug Charges Lawyer in Bakersfield, CA. There are a wide variety of drug laws you can be charged with breaking in Bakersfield, CA. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These statutes regulate substances from marijuana to heroin. If found guilty, you can face life-altering consequences.
You need representation that will fight for your freedom. You need Bakersfield, CA's premier criminal defense lawyer on your case. You need the Law Offices of David S. Chesley.
Our local Bakersfield drug charges lawyers will be by your side from day one. 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, call our attorneys at (800) 755-5174 or set up a free, confidential consultation now.
Bakersfield, CA, Drug Charges Lawyer: Page Summary
Below, we will go over what a Bakersfield, CA, drug charges attorney can do to defend you, categories of drug crime allegations in Bakersfield, the most important things to look for in your defense lawyer, effective defense tactics against all sorts of charges, and the intersection between drug charges and DUIs in Bakersfield.
If you want to read about a specific topic, you can use the links in the following menu to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Bakersfield, CA, NOW
- Popular Drug Types and Potential Penalties
- Different Types of Drug Crime Allegations in Bakersfield, CA
- Intersections Between Drugs and DUIs in Bakersfield
- 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 Crime FAQs
- Need a Drug Charges Lawyer in Bakersfield, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Lawyers Defend Against
Why You Need a Drug Charges Lawyer in Bakersfield, CA, NOW
If you've been accused of a drug crime in Bakersfield, CA, it's a big deal, no matter what. There can be leeway in what the prosecution decides to charge you with, meaning you're risking felony consequences.
The first reason you should work with a drug charges lawyer without hesitation is to give you an understanding of the accusations. A simple possession case looks very different from a possession-for-sale case, and your defense attorney needs to know how to defend against whatever you've been accused of.
The second reason to contact a local Bakersfield, CA, drug charges lawyer as soon as you've been accused is to protect yourself from mistakes. If you say something incorrect in an interrogation, you could see simple possession allegations elevated to possession-for-sale accusations. Your attorney can advise what to share and what not to share with the state.
Finally, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Acting fast prevents the state from getting a lead on you, and we can even move to dismiss charges if we act early enough.
Common Drug Types in Bakersfield, CA, Legal Cases:
When picking a Bakersfield, CA, drug charges lawyer, you should go with an attorney who has experience with the type of drug you're facing allegation for. Below, we've listed some of the most common substances that are the center of illegal drug cases in the state.
| 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 stimulant derived from a South American plant Long term use can dampen the brain's reward pathway. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | A class of drugs, including both prescription medications and fully illegal types. 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. |
Potential legal consequences vary significantly by the type of drug, how much there was, prior record, and the accusation you're facing. For some typical accusations:
- 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 drug and amount 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.
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 get an idea of what you're up against.
Marijuana in Bakersfield, 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 California no longer criminalizes using it, marijuana (AKA cannabis) cases in Bakersfield, CA, frequently have more to do with how it was used, rather than just that it was used. For example, it's legal to grow up to six marijuana plants for recreational use, but growing a seventh is a crime.
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 recreational purposes
- Still illegal to use or possess under federal law.
How Your Bakersfield, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, 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 Bakersfield, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Bakersfield, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. 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
Drug possession charges are some of the most basic in Bakersfield, CA. All illegal chemicals can fall under this umbrella, 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 Bakersfield, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, 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 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
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: The two main possession for sale charges you will see in Bakersfield, CA, are HS 11351 (for most substances) and HS 11378 (specifically for 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). Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. A drug charges laywer who can negotiate your charges down is essential, if you want to become eligible for common diversion programs like PC 1000 or Proposition 36.
Drug Charge Enhancements
California's drug charge enhancement laws can be very different from each other, 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 Bakersfield, 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 difference is that the U.S. government is prosecuting you, not just the Bakersfield district attorney.
These can include anything from manufacturing to drug smuggling, but most often will involve large quantities and/or crossing state lines. The penalties are often much harsher, such as a life sentence and substantial fines.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a an experienced criminal defense lawyer who's prepared to fight the United States government. Our firm will conduct investigations, look for legal loopholes, challenge evidence, and make every effort to secure a positive outcome for your case.
DUIs and Drug Charges Defense in Bakersfield, CA
DUIs and drug charges don't always go together in Bakersfield, CA, but when they do, these cases can be particularly tricky to fight. 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 alcohol).
When facing this type of charge, you need more than a drug charges lawyer. You also need a skillful Bakersfield, 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 picking a drug charges lawyer in Bakersfield, CA, to take your case, it can be a challenge trying to decide who will best represent you. Your life may depend on it, after all.
Here are the top factors you want to look for in your drug defense attorney:
- Prior Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your jurisdiction
- A Reputation of Delivering Victories 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, 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 delivered many victories for Californians.
You can trust us to always be upfront with your case, and you can talk to us 24/7 if something new develops.
Ways Our Lawyers Defend Against Drug Charges
Your charges might be the same as someone else's, but your case is unique. No two cases in Bakersfield, CA, are identical, and you should have a unique defense plan to protect you.
Our attorneys treat every client as an individual. Below are some staunch strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- 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.
- 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 police 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 Bakersfield, CA, get in touch with one of our attorneys today.
Bakersfield, CA, Drug Charge Diversion Options:
Bakersfield has diversion and treatment options available — be sure to ask your Bakersfield, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must meet legal guidelines. These are some of the :
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is a very desirable outcome for many people facing drug charges. It generally involves 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 prevents you from going through 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 works differently than a traditional diversion program.
Under the 2024 version, 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; fail or refuse treatment, and you face the felony charge, with a prison sentence of up to three years. The law also increased sentencing exposure tied to drug quantity for certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Bakersfield, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, help you decide what route to take, and fight to keep a conviction off your record.
Immigration Consequences of a Drug Conviction
If you are a lawful permanent resident or are in Bakersfield, CA, on a work visa, 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.
The federal government can initiate removal proceedings for most drug convictions, with one specific 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 even if you weren't given jail time on your conviction.
Some important things to keep in mind:
- 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 far more likely to be treated 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 has a constitutional duty to inform you about these immigration implications prior to entering your plea. We will fight for an outcome — such as a plea to a non-drug offense, or a disposition that avoids specific "aggravated felony" language — which minimizes your chances of being deported.
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 fighting a drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
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 able to have the arrest sealed or the record cleared — an attorney can help you explore these options.
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. Politely decline to answer questions beyond identifying yourself, and request counsel immediately — if you say the wrong thing, you could end up facing harsher charges.
Can a drug conviction be expunged in Bakersfield, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though eligibility depends on the specific charge and your record. 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 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 Bakersfield, CA?
It's rare for first-time possession cases to be charged as a felony in Bakersfield, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in Bakersfield, though: More serious allegations like distribution are normally treated as a felony regardless of whether this is your first time being charged or not.
Don't Gamble With Your Freedom: Talk to Our Bakersfield, CA, Drug Charges Lawyers Today
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. Our team is ready to stand by your side.
The Bakersfield, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have relationships in courts across California. We explore every avenue to find the right path forward for our clients.
Our firm can also assist you with the following legal services in Bakersfield, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Bakersfield drug charges lawyer today at (800) 755-5174 or reach out online to schedule a no-strings 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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