Drug Charges Lawyer in Del Mar, CA. Whatever drug accusations you're facing in Del Mar, 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 charges can include all kinds of substances from prescription medications to heroin. The fallout from a drug crime conviction can turn your world upside down.
You need representation that will fight for your freedom. You need Del Mar, CA's premier criminal defense law firm on your case. You need the Law Offices of David S. Chesley.
Our local Del Mar drug charges lawyers will be by your side from day one. We will explore possible defenses, identify weaknesses in the prosecution's case, and stand by you in front of the judge and jury if your case reaches a trial. To start fighting the charges, contact our lawyers at (800) 755-5174 or use our contact form right away.
Del Mar, CA, Drug Charges Lawyer: Page Summary
In this article, you can read about how a Del Mar, CA, drug defense attorney will protect your rights, the types of substances considered illegal in Del Mar, the most important things to look for in your defense lawyer, gameplans our attorneys use against drug accusations, and more.
To learn about a particular topic, you can use the links in the following menu to navigate to a specific topic and learn more:
- What Your Del Mar, CA, Drug Crimes Lawyer Will Do For You
- Del Mar, CA, Drug Types and Possible Penalties
- Different Types of Drug Charges in Del Mar, CA
- Intersections Between Drugs and DUIs in Del Mar
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Del Mar, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Del Mar, CA, Today
- Every Drug Charge Our Team Will Defend Against
Don't Waste Time: Contact a Del Mar, CA, Drug Charges Lawyer RIGHT AWAY
There's no such thing as a "minor" drug charge in Del Mar, CA. Two people who committed similar acts can face very different charges, meaning you can always face years in prison.
The first reason you should work with a drug charges lawyer immediately is to give you an understanding of the accusations. A simple possession case takes a different set of skills than a drug trafficking case, and your drug defense attorney should understand how to defend against whatever you've been accused of.
The second reason to call a local Del Mar, CA, drug charges lawyer as soon as you've been accused is to stop yourself from making a mistake. If you say something incorrect in an interrogation, the charges could be elevated and the state's case strengthened. A drug charges lawyer can stop you from experiencing self-incrimination.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Early intervention prevents the state from getting a lead on you, and in many cases, we can file a motion to dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in Del Mar, CA:
When picking a Del Mar, CA, drug charges lawyer, you should pick somone who can defend charges related to the specific kind of drug in the allegations. In the following section, we've outlined what types of drugs we most frequently defend charges for in Del Mar, 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 synthetic drug closely related to methamphetamine. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant that can be either a powdered form or a solid rock (Crack) It is taken in a variety of ways. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | A class of drugs, including both prescription medications and fully illegal types. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. Courts and prosecutors often treat heroin charges harshly. |
| 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, quantity, any prior convictions, and whether the charge is possession, possession-for-sale, or sale/transport. For some typical accusations:
- 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 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.
- 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 evaluation and we'll help you get an idea of what you're up against.
Marijuana in Del Mar, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. While the state used to have laws against its use, in 2016 the state passed Proposition 64, letting people use it recreationally.
Since it has been legalized for recreational use, marijuana (AKA cannabis) cases in Del Mar, CA, typically often revolve around who was using it and whether that person was exceeding legal limits. For 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, it is legal to grow up to six marijuana plants for recreational purposes
- Federal law still makes marijuana usage illegal.
How Your Del Mar, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. For example, we can argue that you were permitted to have cannabis, show that you did not violate any regulations, and/or make the case that no laws were violated in the handling of the plant.
Charges a Drug Crimes Defense Lawyer Will Fight in Del Mar, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Del Mar, 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 Del Mar, 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 Del Mar, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can be by your side every step of the way.
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. 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 allegations are almost always considered more serious than possession. 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: 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. HS 11352 converse sale or transportaiont charges for most substances, while HS 11379 does the same for methamphetamine. If convicted, you are looking at an even harsher sentence — 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, you first need to face a different criminal charge.
It's even more important to hire an experienced Del Mar, 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 could fall into any of the three categories above. The distinction is that you're fighting against the federal government instead of the local Del Mar prosecutor.
These can include anything from trafficking to taking part in a drug conspiracy, but normally it will involve large quantities and/or crossing state lines. The penalties are often much harsher, up to and including life imprisonment 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 match the federal prosecutor. Our firm will learn your side of the story, research applicable laws, challenge evidence, and make every effort to secure a positive outcome for your case.
DUIs and Drug Charges Defense in Del Mar, CA
DUIs and drug charges don't always go together in Del Mar, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a many different situations, including everything from driving while high on marijuana to driving after taking certain medications. 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 drug DUI charges, you don't just need a drug charges lawyer. You also need a skillful Del Mar, 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
If you're looking for a drug charges lawyer in Del Mar, CA, it can be overwhelming trying to decide which one to represent you. Your life may depend on it, after all.
Here are the top factors you want to see in your drug crimes defense attorney:
- Prior Experience fighting against these charges
- Personal Experience as a prosecutor
- Relationships at the courts in your local county
- A Reputation of Delivering Success when fighting drug charges for clients
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over five decades of combined courtroom experience, including working for the district attorney's office. We have a wide reach with relationships across the state of California. And we have delivered positive results for Californians.
You can trust us to always be upfront with your case, and you can call us 24/7 if something new develops.
Strong Defense Strategies Our Attorneys Use in Drug Cases
The statute you violated may not be unique, but your case is. No two cases in Del Mar, CA, are identical, and you should have a tailored defense plan to match.
Our attorneys treat every client as an individual. Below 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.
- Somone Else's Drugs: 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 rare cases, if an undercover officer coerced you into breaking a drug law, you may be exempt from a conviction.
- 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: 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're looking for a drug charges lawyer in Del Mar, CA, reach out to an attorney at our offices today.
Del Mar, CA, Drug Charge Diversion Options:
Del Mar has diversion and treatment options available, which your Del Mar, CA, drug charges lawyer can try to utilize in your case. 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 protects you from 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 approach drug offense diversion from a unique angle.
Under the 2024 rules, 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.
While this doesn't automatically keep people out of jail, it creates 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. 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 Del Mar, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, help you decide what route to take, and stand by your side no matter which route you take.
How a Drug Conviction in Del Mar, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Del Mar, CA, on a work visa, 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: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. 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 (other than certain rare substances) 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 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 doesn't include specific "aggravated felony" language — which minimizes your chances of being deported.
Because a criminal record can bring immigration consequences regardless of the sentence, you need to get expert help as soon as you're aware of an investigation. If you are an immigrant facing any drug case, tell your attorney immediately — this materially changes how your case should be defended.
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. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be able to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
Do I need to answer police questions if I have illegal drugs on me?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions beyond identifying yourself, and ask for a lawyer immediately — making a mistake early on can cause major consequences down the line.
Can I get my record sealed after a drug conviction in Del Mar, 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. An expungement does not erase a conviction for federal immigration purposes, 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. 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 Del Mar, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Del Mar, CA
These charges need to be treated seriously Your future matters, and it depends on picking the right law firm. Fortunately, we're here to help.
The Del Mar, 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 Del Mar, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Del Mar drug crimes defense attorney today at (800) 755-5174 or contact us online to schedule a no-strings 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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