Drug Charges Lawyer in Downey, CA. Drug crimes in Downey, CA, come in many forms. Everything from manufacturing to simple possession can send you to jail. These charges can include all kinds of substances from cannabis to heroin. 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.
You need someone who can guide you to a positive outcome. You need Downey, CA's premier criminal defense lawyer on your side. You need the Law Offices of David S. Chesley.
Our local Downey drug charges lawyers will be by your side from day one. We will research the statute in detail, explain your best options, and represent you all the way through trial. To begin fighting the charges, call our team at (800) 755-5174 or use our contact form now.
Downey, CA, Drug Charges Lawyer: Page Summary
Below, we will go over the importance of having a drug defense lawyer in Downey, CA, categories of drug crime allegations in Downey, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and diversionary programs we can help you explore.
If you want to read about a particular topic, click on the appropriate link in the list below to navigate to a specific topic and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Downey, CA
- Common Drug Types and Their Penalties
- Categories of Drug Charges in Downey, CA
- DUIs and Drug Charges Defense in Downey, CA
- 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 Charge FAQs
- Contact Your Downey, CA, Drug Charges Attorney Now
- Every Drug Charge Our Attorneys Fight Against
Get Help From a Downey, CA, Drug Charges Lawyer IMMEDIATELY
There's no such thing as a "minor" drug charge in Downey, CA. The same action can be interpreted by the state in multiple ways, meaning you can always face an extended stay in jail.
The first reason you should work with a drug charges lawyer without hesitation is to give you an understanding of the accusations. A simple possession case takes a different set of skills than a possession-for-sale case, and your defense attorney should understand how to fight each.
The second reason to call a local Downey, CA, drug charges lawyer right away is to protect yourself from mistakes. If you say something incorrect in an interrogation, 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.
Finally, your drug charges attorney will leverage local court relationships to explore different defense avenues. Connecting with a lawyer early gives you a head start against the state, and we can even move to dismiss charges if we act early enough.
Downey, CA, Drug Types and Their Penalties:
When you work with a Downey, CA, drug charges lawyer, you should go with an attorney who has experience with the type of drug you're facing allegation for. In the following section, you can read about what types of drugs we most frequently defend charges for in Downey, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | Also known as MDMA, Molly, and E. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) 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 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. |
Penalties vary significantly by the type of drug, quantity, prior record, and whether the charge is possession, possession-for-sale, or sale/transport. As an overview:
- As long as you are only accused of simple possession, you can typically expect misdemeanor charges. These carry a maximum jail sentence of one year. However, keep in mind misdemeanor charges aren't a guarantee, and prosecutors treat some substances more harshly than others.
- Possession for sale, sale, transport, or manufacturing are typically charged as felonies, with sentencing ranges that depend heavily on the specific substance and amount involved.
- Fentanyl cases are particularly harsh: 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 our office for a free case review and we'll help you find a strategy to minimize negative consequences.
Marijuana in Downey, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because California no longer criminalizes using it, marijuana (AKA cannabis) charges in Downey, CA, most often center around when and where it is used. As an 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, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Downey, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, our attorneys will fight to defend you. For example, we can show the legality of your ownership, show that you did not violate any regulations, and/or make the case that no laws were violated in the handling of the plant.
Drug Charge Categories in Downey, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Downey, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
The most common drug charges in Downey, 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 Downey, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can be by your side every step of the way.
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
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
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: 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 and transportation for sale charges are divided in a similar way: HS 11352 (most substances) vs. 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 all have one thing in common: They don't exist in a vacuum. To be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Downey, 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. The difference is that you're fighting against the federal government instead of the local Downey prosecutor.
These can include anything from manufacturing to running a drug ring, 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.
It's hard to think of many charges worse to face than this. And you need a a leading criminal defense lawyer who's prepared to match the federal prosecutor. Our firm will learn your side of the story, develop a strong defense strategy, review evidence, and make every effort to secure a positive result for your case.
DUIs and Drug Charges Defense in Downey, CA
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 alcoholwhich only has a "zero tolerance" law people who are underage).
When up against drug DUI charges, you don't just need a drug charges lawyer. You also need a skillful Downey, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI accusations, you need to request a hearing within ten days of your arrest.
What to Look For in a Drug Charges Lawyer
If you're looking for a drug charges lawyer in Downey, CA, it can be a challenge trying to decide the right person 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:
- Extensive Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your jurisdiction
- A Reputation of Delivering Success 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, we can deliver on all of these needs. 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 our clients.
We don't make false promises about your case, and you can get a hold of us 24/7 if something new develops.
Powerful Drug Crime Accusation Defenses
Your charges might be the same as someone else's, but your case is unique. The details are different for every criminal case in Downey, CA, and you should have a tailored defense strategy to match.
We'll listen to your story and craft a powerful defense to fit. Below are some strong strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- 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.
- 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 rare cases, if an undercover law enforcement agent 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: 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 Downey, CA, contact one of our lawyers today.
Downey, CA, Drug Charge Diversion Options:
Downey has diversion and treatment options available — be sure to ask your Downey, CA, drug charges lawyer about whether or not they apply to 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 a very desirable outcome for many people facing drug charges. The program typically includes drug education classes, requirements to stay sober, 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 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 modern 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.
If you're facing this charge, you have a choice: complete court-mandated treatment, you avoid a conviction; 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 increased potential penalties for large quantities of certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Downey, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
Immigration Consequences of a Drug Conviction
If you are not a U.S. citizen, you're facing even more serious consequences than a U.S. citizen — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. 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 (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 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 is supposed to tell you about these immigration consequences before you make a plea. We will fight for an outcome — such as a plea deal for a different offense, or a disposition that doesn't include specific "aggravated felony" language — which minimizes your chances of being deported.
Because immigration consequences are triggered by conviction, not just sentence, it's important to avoid mistakes from the very start of your case. If you are a non-citizen up against a drug charge, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
Even if you're not convicted of the underlying charge, a background check can still show the arrest. If your case is resolved through PC 1000 or a completed Prop 36 treatment program, you may be able 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. 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 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 Downey, 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 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 non-citizens need immigration-aware counsel handling both the criminal case and any later cleanup.
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.
Does Downey, CA, prosecute drug possession charges as felonies?
For most first-time possession cases in Downey, CA, you'll only face a misdemeanor charge. This isn't true for every drug charge in Downey, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Talk to a Drug Charges Defense Lawyer in Downey, CA, Today
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on partnering with the right defense attorney. Our team is ready to stand by your side.
The Downey, CA, drug charges lawyers at the Law Offices of David S. Chesley takes advantage of every opportunity we find to deliver positive results for clients. We are prepared to defend you against a variety of drug charges, both misdemeanor and felony. We will always be honest with you and will fight for the best outcome possible.
Our firm can also assist you with the following legal services in Downey, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Downey drug crimes defense attorney today at (800) 755-5174 or tell us about your case online to schedule a confidential 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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