Drug Charges Lawyer in Banning, CA. Drug crimes in Banning, CA, come in many forms. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These laws regulate substances from prescription medications to opioids. 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 Banning, CA's leading criminal defense lawyer on your side. You need the Law Offices of David S. Chesley.
Our local Banning drug charges lawyers are avaialble 24/7 to help you. We will listen to you explain your side of the story, explain your best options, and fight for the best deal or other outcome in your case. To begin building your defense, call our legal team at (800) 755-5174 or send us a note online now.
Banning, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over what a Banning, CA, drug charges attorney can do to defend you, the types of substances considered illegal in Banning, the qualities your attorney should have, strategies we may use in your case, and the intersection between drug charges and DUIs in Banning.
To focus on a specific topic, click on the appropriate link below to skip ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Banning, CA
- Common Drug Types and Their Penalties
- Categories of Drug Charges in Banning, CA
- DUIs and Drug Charges Defense in Banning, CA
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Banning, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Contact Your Banning, CA, Drug Charges Attorney Now
- All the Drug Charges Our Firm Will Defend Against
The Importance of a Banning, CA, Drug Charges Lawyer
Drug charges in Banning, CA, always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning there's always a risk of an extended stay in jail.
The first reason you should contact a drug charges lawyer without hesitation is to help you interpret the law. A simple possession case needs a different strategy than a drug trafficking case, and your defense attorney should have strategies to defend each.
The second reason to get in touch with a local Banning, CA, drug charges lawyer first thing in your case is to lower your chances of doing something you shouldn't. After a police interview without proper legal representation, the charges could be elevated and the state's case strengthened. Your attorney can stop you from experiencing self-incrimination.
On top of that, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Early intervention prevents the state from getting a lead on you, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Common Drug Types in Banning, CA, Legal Cases:
When you work with a Banning, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. In the following section, you can read about some of the substances against which we have practice defending related charges.
| 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 | Also known as MDMA, Molly, and E. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug derived from a South American plant It is taken in a variety of ways. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| 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 | One of the most dangerous forms of opioids — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Sentences vary significantly based on substance, how much there was, prior record, and the accusation you're facing. As an overview:
- 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 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.
- 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 us for a free case review and we'll walk you through what you're actually facing.
Marijuana in Banning, 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, allowing it in recreational circumstances.
Because local laws allow for limited use, marijuana (AKA cannabis) cases in Banning, CA, typically have more to do with how it was used, rather than just that it was used. As an 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
- In most cases, adults over 21 can grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your Banning, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we 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 make the case that no laws were violated in the handling of the plant.
Different Types of Drug Charges in Banning, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Banning, CA, area. 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
Drug possession charges are some of the most basic in Banning, CA. 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 Banning, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can advocate for diversionary programs to keep you out of jail.
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. 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. 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). When charged as a 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). These charges carry longer exposure — 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 cover a variety of situations, but one thing connects them together: They don't exist on their own. Before you can be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Banning, 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 isn't a 'category' in the same way that the above types of charges are. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from production to transportation to taking part in a drug conspiracy, 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.
These are some of the most serious charges you can possibly face. And you need a a leading criminal defense lawyer who's prepared to fight the United States government. Our team of attorneys will learn your side of the story, develop a strong defense strategy, challenge evidence, and make every effort to secure a favorable result for your case.
Banning, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in Banning, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a wide range of 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 alcoholwhich has a legal limit).
When facing drug DUI charges, you need more than a drug charges lawyer. You also need a leading Banning, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. But you need to act fast — in most cases, you only have ten days after an arrest to request a hearing.
What to Look For in a Drug Charges Lawyer
When you are considering your options for a drug charges lawyer in Banning, CA, it can be overwhelming trying to decide the right person to represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to look for in your drug crimes defense attorney:
- Prior Experience fighting these cases in court
- Knowledge of how the district attorney approaches these cases
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Reputation of Delivering 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, we embody each of these qualities. We have over five decades of combined courtroom experience, including as both prosecutors and defense attorneys. We know judges and attorneys throughout California. And we have a history of delivering positive outcomes for our clients.
We will always be honest with you about the state of 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 Banning, CA, are identical, and you should have a unique defense plan to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some powerful strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- Somone Else's Drugs: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In some cases, if an undercover police officer coerced you into violating the 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: 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 Banning, CA, get in touch with one of our lawyers for immediate help.
Banning, CA, Drug Charge Diversion Options:
Banning has diversion and treatment options available, which your Banning, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must fit certain criteria. 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, requirements to stay sober, 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 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 2024 version, 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, including up to three years in custody. 2024's Proposition 36 also heightened potential drug crime sentences, depending on the quantity and type of substance, and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Banning, CA, drug charges lawyer is here to help you understand the charges, help you decide what route to take, and come up with a strategy that maximizes your chances of a positive outcome.
Immigration Consequences of a Drug Conviction
For immigrants in Banning, 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.
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 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 (other than certain rare substances) is generally a deportable offense, 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 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 supposed 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 doesn't include specific "aggravated felony" language — that defends your legal status in the country, as well as your criminal record.
Because the conviction, regardless of the sentence, has such a big immigration impact, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are a lawful permanent resident or visa holder fighting a drug charge, tell your attorney immediately — this materially changes how your case should be defended.
Drug Charge Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
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.
Do I have to talk to police if I'm caught with drugs?
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 request counsel immediately — if you say the wrong thing, you could end up facing harsher charges.
Can a drug conviction be expunged in Banning, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, 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 support from a lawyer who can handle both criminal and immigration defense.
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 functions differently: It allows what ordinarily would be charged as misdemeanors to now be charged as felonies, if you have prior drug convictions on your record. However, it also allows for a court-mandated treatment program, completion of which results in the dismissal of felony charges. Which one applies depends on your charge and criminal history.
If I don't have a record, will my drug possession charge be a felony in Banning, CA?
For most first-time possession cases in Banning, CA, you'll only face a misdemeanor charge. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Don't Gamble With Your Freedom: Talk to Our Banning, CA, Drug Charges Lawyers Today
This isn't a time to settle for "good enough." Your freedom is important, and it depends on picking the right lawyer. Our team is ready to stand by your side.
The Banning, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have former prosecutors on our team who know how the state builds its case. 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 Banning, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Banning drug crimes defense attorney today at (800) 755-5174 or reach out online to schedule a no-strings review of your charges.
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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