Drug Charges Lawyer in Burbank, CA. There are a wide variety of drug laws you can be charged with breaking in Burbank, CA. You could be accused of possessing them, selling them, or making them. These laws regulate substances from methamphetamine 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.
Get help before it's too late. You need Burbank, CA's leading criminal defense attorney in your corner. You need the Law Offices of David S. Chesley.
Our local Burbank drug charges lawyers know the ins and outs of California drug laws. We will explore possible defenses, discuss defense tactics, and stand by you in front of the judge and jury if your case reaches a trial. To start building your defense, contact us at (800) 755-5174 or tell us about your case online today.
Burbank, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over how a Burbank, CA, drug defense attorney will protect your rights, categories of drug crime allegations in Burbank, the qualities your attorney should have, strategies we may use in your case, and diversionary programs we can help you explore.
If you want to read 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 Burbank, CA
- Burbank, CA, Drug Types and Potential Penalties
- Different Types of Drug Charges in Burbank, CA
- Intersections Between Drugs and DUIs in Burbank
- 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
- Contact Your Burbank, CA, Drug Charges Attorney Now
- All the Drug Charges Our Firm Will Fight Against
Don't Waste Time: Contact a Burbank, CA, Drug Charges Lawyer RIGHT AWAY
If you've been accused of a drug crime in Burbank, 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 an extended stay in jail.
The first reason you should contact a drug charges lawyer immediately is to explain the charges. A simple possession case needs a different strategy than 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 contact a local Burbank, CA, drug charges lawyer as soon as you've been accused is to stop yourself from making a mistake. After a police interview without proper legal representation, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges defense attorney can help you talk to police the right way, instead of incriminating yourself.
Lastly, 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 can even give you a better chance of having the court dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in Burbank, CA:
When you work with a Burbank, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. Below, you can read about what types of drugs we most frequently defend charges for in Burbank, CA.
| 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 synthetic drug closely related to methamphetamine. 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 stimulant known to affect people's energy levels and emotional stability. |
| 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. |
Penalties vary significantly by the type of drug, quantity, any prior convictions, and whether the charge is possession, possession-for-sale, or sale/transport. As a general framework:
- Simple possession of most controlled substances is typically charged as a misdemeanor, punishable by up to one year in county jail, though certain substances and circumstances can elevate this.
- Possession for sale, sale, transport, or manufacturing are rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific drug and quantity involved.
- Fentanyl is treated extra seriously: 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
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 walk you through what you're actually facing.
Marijuana in Burbank, 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, letting people use it recreationally.
Because it has been legalized for recreational use, marijuana (AKA cannabis) allegations in Burbank, CA, typically often revolve around who was using it and whether that person was exceeding legal limits. 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, adults over 21 can grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Burbank, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer are ready for your case. For example, we can show the legality of your ownership, show that you did not violate any regulations, and/or show that it was properly handled at all times.
Charges a Drug Crimes Defense Lawyer Will Fight in Burbank, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Burbank, CA. We help defendants fight against all kinds of drug crime allegations. 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 Burbank, CA, are often those related to possession. All illegal chemicals can fall under this umbrella, 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 Burbank, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can advocate for diversionary programs to keep you out of jail.
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 specifically falls under 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 drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. 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. Unlike simple possession, these charges are generally not eligible for PC 1000 or Prop 36 treatment diversion unless your attorney can negotiate the charge down to simple possession.
Drug Charge Enhancements
California's drug charge enhancement laws cover a variety of situations, but they share one common attribute: They don't qualify 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 Burbank, 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. The distinction 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 most often 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 a seasoned criminal defense lawyer who's prepared to fight the United States government. Our team of attorneys will learn your side of the story, look for legal loopholes, review evidence, and make every effort to secure a favorable result for your case.
The Intersection Between Drug Charges and DUIs in Burbank, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a many different situations, including everything from driving while high on marijuana to prescription drug usage. What's worse, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When up against drug DUI charges, you don't just need a drug charges lawyer. You also need an expert Burbank, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. But you need to act fast — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
Top Burbank, CA, Drug Charges Lawyer Qualitites
If you're looking for a drug charges lawyer in Burbank, CA, it can feel impossible trying to decide which one to represent you. With so much at stake, you don't want to make the wrong choice.
Here are the top factors you want to see in your drug defense attorney:
- Vast Experience defending clients in your situation
- Personal Experience as a prosecutor
- Relationships with prosecutors and judges in your jurisdiction
- A History of Positive Outcomes against the state for these charges
- 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 courtroom experience, including working for the district attorney's office. We know judges and attorneys throughout California. And we have delivered positive results for Californians.
We will always be honest with you about the state of your case, and you can get a hold of us 24/7 if you have any questions or concerns.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Burbank, CA, criminal courts is there under different circumstances, and you should have a tailored 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 of the possible strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- Didn't Belong to You: 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 police officer coerced you into violating the law, you can be found innocent of the criminal charges.
- 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 you're facing drug crime charges in Burbank, CA, and need help, call one of our attorneys for immediate help.
Burbank, CA, Drug Charge Diversion Options:
Burbank has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Burbank, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must fit certain criteria. These are some of the :
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. If you go through the PC 1000 program and complete it without any issues, your original charges are dismissed, keeping a criminal conviction off of your record. This prevents you from going through 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 approach drug offense diversion from a unique angle.
Under the 2024 law, what was originally a misdemeanor charge can be instead charged as a "treatment-mandated felony." This is only an option if the accused person has two or more previous drug-related convictions on their record.
Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, you avoid a conviction; fail or refuse treatment, and you face 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 Burbank, 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 Burbank, CA, you might have to defend yourself against removal as well as criminal charges — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
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 applies to 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.
Important factors to be aware of:
- Simple possession for personal use (other than certain rare substances) is ordinarilly a deportable offense, 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 significantly more serious. They are often considered 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 inform you about these immigration implications prior to entering your plea. Our firm works hard to find outcomes — such as a plea deal to another, non-drug charge, or a disposition that doesn't include specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
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 up against a drug crime allegation, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Allegation Defense 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 you were able to take advantage of a diversion program like PC 1000 or Proposition 36, you may be eligible to have the arrest sealed or the record cleared — your drug charges defense lawyer can help you navigate these options.
Do I have to talk to police if I'm caught with drugs?
No. The Fifth Amendment gives you the right to remain silent during questioning. Politely decline to answer questions beyond identifying yourself, 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 expunge a previous drug conviction in Burbank, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, 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?
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. If you have previous drug-charge convictions on your record, you're more likely to be eligible for Proposition 36 (2024): This would be a felony charge, but offers a court-supervised treatment program to have the case dismissed. Which one applies depends on your charge and criminal history.
Is a first-time drug possession charge a felony in Burbank, CA?
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 Burbank, CA? Call the Law Offices of David S. Chesley 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. We are ready to take your case.
The Burbank, 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.
The Law Offices of David S. Chesley also offers the following legal services in Burbank, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Burbank drug crimes defense attorney right away at (800) 755-5174 or use our online contact form to set up a free 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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