Drug Charges Lawyer in Diamond Bar, CA. There are a wide variety of drug laws you can be charged with breaking in Diamond Bar, CA. 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 fentanyl. If found guilty, you can face life-altering consequences.
You need someone who can guide you to a positive outcome. You need Diamond Bar, CA's premier criminal defense legal team in your corner. You need the Law Offices of David S. Chesley.
Our local Diamond Bar drug charges lawyers know the ins and outs of California drug laws. We will research the statute in detail, discuss defense tactics, and fight for the best deal or other outcome in your case. To start fighting the charges, call our law offices at (800) 755-5174 or tell us about your case online right away.
Diamond Bar, CA, Drug Charges Lawyer: Page Summary
Below, you can learn about the importance of having a drug defense lawyer in Diamond Bar, CA, categories of drug crime allegations in Diamond Bar, the key factors you want your defense team to have, strategies we may use in your case, and diversionary programs we can help you explore.
To learn about a particular topic, you can use the links in the following menu to skip ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Diamond Bar, CA
- Common Drug Types and Potential Penalties
- Different Types of Drug Crime Allegations in Diamond Bar, CA
- Intersections Between Drugs and DUIs in Diamond Bar
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Diamond Bar, 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 Diamond Bar, CA, NOW
Drug charges in Diamond Bar, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning you're risking years in prison.
The first reason you should work with a drug charges lawyer as soon as possible is to help you interpret the law. A simple possession case needs a different strategy than a possession-for-sale case, and your defense attorney needs to know how to fight each.
The second reason to contact a local Diamond Bar, CA, drug charges lawyer as soon as you've been accused is to lower your chances of doing something you shouldn't. After a police interview without proper legal representation, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges lawyer can stop you from experiencing self-incrimination.
Finally, your drug charges attorney will open doors for new strategies through plea negotiations. Acting fast 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.
Diamond Bar, CA, Drug Types and Their Penalties:
When you work with a Diamond Bar, CA, drug charges lawyer, you should pick somone who has experience with the type of drug you're facing allegation for. Below, we've listed 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 | A man-made psychoactive drug. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant which can cause intense effects 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 natural and synthetic types. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. 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 based on substance, how much there was, any prior convictions, and the type of charge. 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 typically charged as felonies, with sentencing ranges that depend heavily 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 Diamond Bar, 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, allowing it in recreational circumstances.
Since California no longer criminalizes using it, marijuana (AKA cannabis) cases in Diamond Bar, CA, frequently center around when and where it is used. For 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
- Typically, it is legal to grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your Diamond Bar, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer are ready for your case. For example, we can show the legality of your ownership, argue that you remained within legal limitations, and/or show off the proper regulatory procedures which you adhered to.
Different Types of Drug Charges in Diamond Bar, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Diamond Bar, 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 Diamond Bar, CA. They cover a wide range of substances and these charges can apply in any circumstance where you allegedly owned the illegal drugs, even if you didn't have them physically with you at the time.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Diamond Bar, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, 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. 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
A conviction of one of these charges typically means a much longer prison sentence than for simple possession. 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. When charged as a 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. These charges carry longer exposure — 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 may seem very different, but one thing connects them together: They don't stand on their own. To be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Diamond Bar, 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 Diamond Bar prosecutor.
These can include anything from production to transportation to taking part in a drug conspiracy, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. The penalties are often much harsher, 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 an experienced criminal defense lawyer who's prepared to fight the United States government. Our firm will protect your rights, research applicable laws, challenge evidence, and make every effort to secure a favorable outcome for you.
Diamond Bar, CA Drug Charges and DUIs
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a wide range of situations, including everything from driving while high on marijuana to driving after taking certain medications. One aspect that sets these cases apart is that you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcohol).
When accused of drug DUI charges, you don't just need a drug charges lawyer. You also need an expert Diamond Bar, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, you need to request a hearing within ten days of your arrest.
Top Diamond Bar, CA, Drug Charges Lawyer Qualitites
If you're looking for a drug charges lawyer in Diamond Bar, CA, it can be overwhelming trying to decide which one to represent you. With so much at stake, you don't want to make the wrong choice.
These are the main qualities you want to see in your drug defense attorney:
- Vast Experience fighting against these charges
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your local county
- A Reputation of Delivering 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 five decades of combined legal experience, including former prosecutors. We offer legal services throughout California. And we have delivered many victories 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 need anything from our offices.
Ways Our Lawyers Defend Against Drug Charges
Whatever law you're accused of breaking, you have your own unique story to tell. The details are different for every criminal case in Diamond Bar, CA, and you should have a tailored defense plan to protect you.
Our attorneys treat every client as an individual. Here are some of the possible strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: By getting evidence thrown out, the case against you can be weakened.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- Didn't Belong to You: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In rare cases, if an undercover officer coerced you into violating the 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 you're facing drug crime charges in Diamond Bar, CA, and need help, contact the Law Offices of David S. Chesley today.
Diamond Bar, CA, Drug Charge Diversion Options:
Diamond Bar has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Diamond Bar, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must meet legal guidelines. 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. 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 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 works differently than a traditional diversion program.
Under the modern version, 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, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); you can opt to refuse treatment, but you'll be up against the underlying 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 added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Diamond Bar, CA, drug charges lawyer can help you understand whether you qualify for legal alternatives, help you decide what route to take, and stand by your side no matter which route you take.
Immigration Consequences of a Drug Conviction
For immigrants in Diamond Bar, CA, a drug conviction can be far more damaging than the criminal penalty alone — 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 narrow 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 regardless of whether the state court sentence includes any jail time.
Some important things to keep in mind:
- Simple possession for personal use (for most 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 not treated as lightly. They are typically classified 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 is required 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 avoids specific "aggravated felony" language — which minimizes your chances of being deported.
Because immigration consequences are triggered by conviction, not just sentence, you need to get expert help as soon as you're aware of an investigation. If you are an immigrant fighting a drug crime allegation, tell your attorney immediately — this materially changes how your case should be defended.
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 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.
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 but firmly refuse to answer any questions outside of providing your identity, and ask for an attorney immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in Diamond Bar, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though this can be affected based on the charge you were convicted of, and any previous convictions. The conviction can still potentially be used as grounds for deportation, though, 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?
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.
Is a first-time drug possession charge a felony in Diamond Bar, 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.
The Law Offices of David S. Chesley Is Ready to Be Your Diamond Bar, CA, Drug Charges Lawyer
This isn't a time to settle for "good enough." Your future matters, and it depends on working with the right defense team. Our team is ready to stand by your side.
The Diamond Bar, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We have relationships in courts across California. We will build a strong defense for you against your charges.
Our firm can also assist you with the following legal services in Diamond Bar, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Diamond Bar drug crimes defense attorney now at (800) 755-5174 or reach out online to schedule a free 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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