Drug Charges Lawyer in Blythe, CA. Whatever drug accusations you're facing in Blythe, 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 statutes regulate substances from prescription medications to opioids. But they all share one thing in common: Major legal consequences.
You need representation that will fight for your freedom. You need Blythe, CA's premier criminal defense legal team on your side. You need the Law Offices of David S. Chesley.
Our local Blythe drug charges lawyers are ready for your case today. We will research the statute in detail, explain your best options, and represent you all the way through trial. To begin fighting the charges, reach out to our lawyers at (800) 755-5174 or use our contact form now.
Blythe, CA, Drug Charges Lawyer: Page Summary
In this article, you can read about how a Blythe, CA, drug defense attorney will protect your rights, categories of drug crime allegations in Blythe, the most important things to look for in your defense lawyer, gameplans our attorneys use against drug accusations, and more.
If you want to read about a specific topic, click on the appropriate link in the list below to jump ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Blythe, CA
- Blythe, CA, Drug Types and Potential Penalties
- Categories of Drug Charges in Blythe, CA
- Intersections Between Drugs and DUIs in Blythe
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Allegation FAQs
- Get in Touch With a Drug Charges Lawyer in Blythe, CA, Today
- All Drug Crime Allegations Our Lawyers Fight Against
Why You Need a Drug Charges Lawyer in Blythe, CA, NOW
Drug charges in Blythe, CA, always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning you're risking an extended stay in jail.
The first reason you need 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 drug trafficking case, and your defense attorney needs to know how to defend your particular charges.
The second reason to call a local Blythe, CA, drug charges lawyer as soon as you've been accused is to stop yourself from making a mistake. 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 defense attorney can advise what to share and what not to share with the state.
Lastly, 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 in many cases, we can file a motion to dismiss charges if we act early enough.
Drug Types and Legal Context in Blythe, CA:
When you work with a Blythe, 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 outlined what types of drugs we most frequently defend charges for in Blythe, 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 man-made psychoactive drug. 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 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. |
Sentences vary significantly based on the type of drug, quantity, prior record, and the type of charge. For some typical accusations:
- 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 typically charged as felonies, and the sentence can change based on the specific drug 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case evaluation and we'll help you find a strategy to minimize negative consequences.
Marijuana in Blythe, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Since local laws allow for limited use, marijuana (AKA cannabis) allegations in Blythe, CA, frequently center around when and where it is used. 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
- Generally, it is legal to grow up to six marijuana plants for recreational purposes
- Federal law still makes marijuana usage illegal.
How Your Blythe, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. 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 Blythe, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Blythe, CA. 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
Drug possession charges are some of the most basic in Blythe, CA. 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 Blythe, 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. Generally, these possession charges are handled as misdemeanors.
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. 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: The two main possession for sale charges you will see in Blythe, 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. 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 may seem very different, but all have one thing in common: They don't qualify 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 Blythe, 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 the federal government is prosecuting you instead of the state government.
These can include anything from production to transportation to drug smuggling, but normally it will involve large quantities and/or crossing state lines. If you're accused of this, you're up against truly severe penalties, up to and including life imprisonment and substantial fines.
It's hard to think of many charges worse to face than this. And you need a a seasoned criminal defense lawyer with the resources to match the United States government. Our team of attorneys will protect your rights, look for legal loopholes, challenge evidence, and make every effort to secure a favorable result for you.
The Intersection Between Drug Charges and DUIs in Blythe, CA
Drug cases often intersect with another type of case in Blythe, CA: DUIs. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. Legal regulations often make these charges more serious than typical DUIs. For example, 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 need more than a drug charges lawyer. You also need a leading Blythe, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, 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 Blythe, CA, to take your case, it can feel impossible trying to decide which one to 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 against these charges
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your jurisdiction
- A History of Victories 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 offer legal services throughout California. And we have delivered many victories for Californians.
We don't make false promises about your case, and you can get a hold of us 24/7 if you have any questions or concerns.
Possible Defense Tactics Against Drug Charges
Your charges might be the same as someone else's, but your case is unique. The details are different for every criminal case in Blythe, CA, and you should have a customized defense plan to protect you.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below 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: 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: 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 law enforcement agent coerced you into breaking a drug law, 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: 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've been accused of a drug crime in Blythe, CA, call an attorney at our offices for immediate help.
Blythe, CA, Drug Charge Diversion Options:
Blythe has diversion and treatment options available, which your Blythe, 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 is an option that can give you a way to stay out of prison without going through a trial. 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 prevents you from going through 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 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. While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, you avoid a conviction; fail or refuse treatment, and you face the felony charge, including up to three years in custody. The law also increased potential penalties for large quantities of certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Blythe, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, explore sentencing and charge alternatives with you, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
For immigrants in Blythe, CA, a drug conviction can be far more damaging than the criminal penalty alone — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
Most drug charge convictions are grounds for deportation, but there is a sole exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). This applies to 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.
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" — 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 deal to another, non-drug charge, 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 a lawful permanent resident or visa holder facing any drug crime allegation, 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?
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 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 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 a lawyer immediately — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can I get my record sealed after a drug conviction in Blythe, CA?
The answer depends on the specific charge and your sentence. Penal Code 1203.4 allows for expungement in many cases after completing probation, though eligibility depends on the specific charge and your record. An expungement does not erase a conviction for federal immigration purposes, which is why non-citizens 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 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.
If I don't have a record, will my drug possession charge be a felony in Blythe, CA?
It's rare for first-time possession cases to be charged as a felony in Blythe, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in Blythe, though: More serious allegations like distribution are normally treated as a felony regardless of whether this is your first time being charged or not.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Blythe, CA
These charges need to be treated seriously Your freedom is important, and it depends on working with the right defense attorney. We are ready to take your case.
The Blythe, 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 Blythe, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Blythe drug defense attorney today at (800) 755-5174 or tell us about your case online for a free, confidential 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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