Drug Charges Lawyer in El Monte, CA. Whatever drug accusations you're facing in El Monte, CA, it's not an easy thing to handle. You could be accused of possessing them, selling them, or making them. These laws cover substances from cannabis to fentanyl. The fallout from a drug crime conviction can turn your world upside down.
Stop these charges before it becomes a worst-case scenario. You need El Monte, CA's leading criminal defense legal team in your corner. You need the Law Offices of David S. Chesley.
Our local El Monte drug charges lawyers know the ins and outs of California drug laws. We will explore possible defenses, discuss defense tactics, and represent you all the way through trial. To begin building your defense, call our law offices at (800) 755-5174 or use our contact form right away.
El Monte, CA, Drug Charges Lawyer: Page Summary
On this page, you can read about how a El Monte, CA, drug defense attorney will protect your rights, categories of drug crime allegations in El Monte, the qualities your attorney should have, effective defense tactics against all sorts of charges, and diversionary programs we can help you explore.
If you want to read about a particular topic, you can use the links below to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in El Monte, CA
- Common Drug Types and Potential Penalties
- Categories of Drug Crime Allegations in El Monte, CA
- DUIs and Drug Charges Defense in El Monte, 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 Allegation FAQs
- Contact Your El Monte, CA, Drug Charges Attorney Now
- Every Drug Charge Our Attorneys Fight Against
Don't Waste Time: Contact a El Monte, CA, Drug Charges Lawyer RIGHT AWAY
If you've been accused of a drug crime in El Monte, CA, it's a big deal, no matter what. The same action can be interpreted by the state in multiple ways, meaning there's always a risk of an extended stay in jail.
The first reason you should work with a drug charges lawyer right away is to help you understand the charges. A simple possession case needs a different strategy than a possession-for-sale 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 El Monte, CA, drug charges lawyer right away is to stop yourself from making a mistake. If you say something incorrect in an interrogation, you could see simple possession allegations elevated to possession-for-sale accusations. Your defense attorney can stop you from experiencing self-incrimination.
Finally, your drug charges attorney will give you access to expertise and relationships you wouldn't otherwise have. Acting fast lets us build a defense before the prosecution has completed its case, and in many cases, we can file a motion to dismiss charges if we act early enough.
Common Drug Types in El Monte, CA, Legal Cases:
When deciding on a El Monte, CA, drug charges lawyer, you should pick somone who has experience with the type of drug you're facing allegation for. In the following section, we've listed some of the substances against which we have practice defending related charges.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | A man-made psychoactive drug. 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 | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | A very addictive substance, and one of the most dangerous opioids. 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 substance, how much there was, any prior convictions, and the act you're being accused of. 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 typically charged as felonies, with sentencing ranges that depend heavily on the specific substance and amount 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.
- Federal charges carry their own, generally harsher, sentencing structure.
Every case is unique, and it can be hard to find answers on your own — call us for a free case review and we'll help you get an idea of what you're up against.
Marijuana in El Monte, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, legalizing its recreational use.
Since California no longer criminalizes using it, marijuana (AKA cannabis) allegations in El Monte, CA, frequently have more to do with how it was used, rather than just that it was used. As an 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
- Federal law still makes marijuana usage illegal.
How Your El Monte, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we will fight to defend you. For example, we can argue that you were permitted to have cannabis, argue that you remained within legal limitations, and/or show that it was properly handled at all times.
Drug Charge Categories in El Monte, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in El Monte, CA. Whatever charges you are facing, we're ready to defend your innocence. 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
Drug possession charges are some of the most basic in El Monte, CA. 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 El Monte, 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: 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 is instead covered by HS 11377. Generally, these possession charges are handled as misdemeanors.
Drug Production/Transport/Distribution Charges
Drug dealing allegations are treated much differently than drug possession. They are often given harsher sentences for allegedly making, transporting, and/or selling the substance.
- 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. 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. Sale or transportation for sale is charged under HS 11352 (most substances) or HS 11379 (methamphetamine). Sentences for these charges can be even more severe — 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 can be very different from each other, but one thing connects them together: They don't exist on their own. In order to be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced El Monte, 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. What sets these apart is that you're fighting against the federal government instead of the local El Monte prosecutor.
These can include anything from manufacturing to drug smuggling, but most often 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 who has the strength to match the United States government. Our office will protect your rights, look for legal loopholes, challenge evidence, and do whatever we can to secure a positive result for your case.
The Intersection Between Drug Charges and DUIs in El Monte, CA
Drug cases often intersect with another type of case in El Monte, CA: DUIs. Drug DUI defense cases can include a several circumstances, 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 arrested if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When accused of this type of charge, you need more than a drug charges lawyer. You also need a leading El Monte, 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, you only have ten days after an arrest to request a hearing.
Top El Monte, CA, Drug Charges Lawyer Qualitites
When you are considering your options for a drug charges lawyer in El Monte, CA, it can be overwhelming trying to decide who will best represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to look for in your drug allegations defense attorney:
- Extensive Experience fighting these cases in court
- Knowledge of how the district attorney approaches these cases
- Relationships at the courts in your local county
- A Reputation of Delivering Victories against the state for these charges
- 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 50 years of combined legal experience, including working for the district attorney's office. We offer legal services throughout California. And we have delivered many victories for our clients.
You can trust us to always be upfront with your case, and you can get a hold of us 24/7 if you need anything from our offices.
Powerful Drug Crime Accusation Defenses
Your charges might be the same as someone else's, but your case is unique. Everyone in the El Monte, CA, criminal courts is there under different circumstances, and you should have a customized defense plan to protect you.
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: By getting evidence thrown out, the case against you can be weakened.
- 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 officer coerced you into violating the law, you can be found innocent of the criminal charges.
- 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: 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 need a drug crimes defense attorney in El Monte, CA, get in touch with the Law Offices of David S. Chesley today.
El Monte, CA, Drug Charge Diversion Options:
El Monte has diversion and treatment options available — be sure to ask your El Monte, CA, drug charges lawyer about whether or not they apply to your case. 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 is an option that can give you a way to stay out of prison without going through a trial. It generally involves drug education classes, requirements to stay sober, 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 helps you avoid 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 current rules, 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. If you're facing this charge, you have a choice: complete court-mandated treatment, you avoid a conviction; you can opt to refuse treatment, but you'll be up against the underlying felony charge, and risking up to three years behind bars. The law also increased sentencing exposure tied to drug quantity for certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your El Monte, CA, drug charges lawyer can help you understand whether you qualify for legal alternatives, explore sentencing and charge alternatives with you, and stand by your side no matter which route you take.
Drug Convictions' Impact on Immigration Status
For immigrants in El Monte, CA, you might have to defend yourself against removal as well as criminal charges — 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 specific 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.
Some important things to keep in mind:
- Simple possession for personal use (other than certain rare substances) is generally 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 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 has a constitutional duty to advise a client of these immigration consequences before a plea is entered. Our firm works hard to find outcomes — 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 a criminal record can bring immigration consequences regardless of the sentence, it's important to avoid mistakes from the very start of your case. If you are a lawful permanent resident or visa holder facing any drug case, 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 my drug charges are dismissed, can anyone still see them?
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 — ask your attorney what applies to your specific case.
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. Politely but firmly refuse to answer any questions outside of providing 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 a drug conviction be expunged in El Monte, 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 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 applies to repeat offenders facing a treatment-mandated felony and requires completing a court-supervised treatment program to avoid the felony consequences. Which one applies depends on your charge and criminal history.
Is a first-time drug possession charge a felony in El Monte, CA?
For most first-time possession cases in El Monte, CA, you'll only face a misdemeanor charge. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Talk to a Drug Charges Defense Lawyer in El Monte, CA, Today
These charges need to be treated seriously Your freedom is important, and it depends on picking the right lawyer. We are ready to take your case.
The El Monte, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We defend all kinds of major criminal charges, including drug crime allegations. We will build a strong defense for you against your charges.
We also aid with the following legal services in El Monte, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your El Monte drug defense attorney now at (800) 755-5174 or reach out online to schedule a no-strings 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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