Drug Charges Lawyer in Fullerton, CA. There's no such thing as a "good" drug charge to be accused of in Fullerton, CA. You could be accused of possessing them, selling them, or making them. These statutes regulate substances from prescription medications 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 Fullerton, CA's leading criminal defense law firm on your case. You need the Law Offices of David S. Chesley.
Our local Fullerton drug charges lawyers will be by your side from day one. We will explore possible defenses, identify weaknesses in the prosecution's case, and represent you all the way through trial. To begin fighting the charges, call our team at (800) 755-5174 or tell us about your case online right away.
Fullerton, CA, Drug Charges Lawyer: Page Summary
Below, we will go over how a Fullerton, CA, drug defense attorney will protect your rights, categories of drug crime allegations in Fullerton, the most important things to look for in your defense lawyer, effective defense tactics against all sorts of charges, and more.
To learn about a particular topic, you can use the links in the list below to skip ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Fullerton, CA
- Fullerton, CA, Drug Types and Potential Penalties
- Categories of Drug Charges in Fullerton, CA
- DUIs and Drug Charges Defense in Fullerton, CA
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Fullerton, CA, Today
- All the Drug Charges Our Lawyers Defend Against
Get Help From a Fullerton, CA, Drug Charges Lawyer IMMEDIATELY
If you've been accused of a drug crime in Fullerton, CA, it's a big deal, no matter what. There can be leeway in what the prosecution decides to charge you with, meaning there's always a risk of years in prison.
The first reason you should work with a drug charges lawyer as soon as possible is to give you an understanding of the accusations. A simple possession case needs a different strategy than a possession-for-sale case, and your defense attorney should understand how to fight each.
The second reason to call a local Fullerton, CA, drug charges lawyer as soon as you've been accused is to protect yourself from mistakes. When you say the wrong thing to a state representative, 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.
On top of that, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Early intervention gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if we can act before the state builds a compelling case.
Common Drug Types in Fullerton, CA, Legal Cases:
When you work with a Fullerton, CA, drug charges lawyer, you should go with an attorney who has experience with the type of drug you're facing allegation for. Below, we've outlined 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 It is taken in a variety of ways. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | Class of drugs originally intended for use as pain relievers. 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. |
Penalties vary significantly by substance, quantity, your criminal record, and the type of charge. 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 are more serious charges. Most accusations are felonies, with sentencing ranges that depend heavily on the specific drug 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
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 find a strategy to minimize negative consequences.
Marijuana in Fullerton, 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 Fullerton, CA, frequently 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:
- Legal in limited quantities for adults 21 and older
- In most cases, adults over 21 can grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your Fullerton, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys can help. For example, we can argue that you were permitted to have cannabis, show that you did not violate any regulations, and/or show off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Fullerton, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Fullerton, CA, area. 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 Fullerton, CA, are often those related to possession. These can be charged for any illegal substance 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 Fullerton, 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 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
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 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: The two main possession for sale charges you will see in Fullerton, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). 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. If convicted, you are looking at an even harsher sentence — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Fullerton, CA, drug charges lawyer, you can fight for a plea deal that reduces these charges and opens up diversion opportunities.
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 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 Fullerton, 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 U.S. government is prosecuting you, not just the Fullerton district attorney.
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, such as a life sentence and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a leading criminal defense lawyer with the resources to fight the United States government. Our team of attorneys will conduct investigations, look for legal loopholes, review evidence, and do whatever we can to secure a favorable outcome for your case.
The Intersection Between Drug Charges and DUIs in Fullerton, CA
DUIs and drug charges don't always go together in Fullerton, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to prescription drug usage. 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 accused of drug DUI charges, you don't just need a drug charges lawyer. You also need a skillful Fullerton, 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 accusations, if you wait longer than ten days to request a hearing, you lose your chance.
What to Look For in a Drug Charges Lawyer
When you are considering your options for a drug charges lawyer in Fullerton, CA, it can feel impossible 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 allegations defense attorney:
- Vast Experience fighting these cases in court
- Knowledge of how the district attorney approaches these cases
- Relationships with prosecutors and judges in your jurisdiction
- A Track Record of Positive Outcomes when fighting drug charges for clients
- Availability Anytime so that you can get help when you need it most
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over 50 years of combined courtroom experience, including as both prosecutors and defense attorneys. We know judges and attorneys throughout California. And we have a history of delivering positive outcomes for Californians.
You can trust us to always be upfront with your case, and you can talk to 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. No two cases in Fullerton, CA, are identical, and you should have a unique defense strategy to protect you.
Our attorneys treat every client as an individual. Here are some strong 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.
- Somone Else's Drugs: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In some cases, if an undercover police officer coerced you into breaking a drug law, you cannot be held liable for doing so.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given 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're facing drug crime charges in Fullerton, CA, and need help, reach out to one of our attorneys now.
Fullerton, CA, Drug Charge Diversion Options:
Fullerton has diversion and treatment options available — be sure to ask your Fullerton, 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 often a very helpful, positive outcome for individuals accused of simple possession. 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, 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, 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.
If you're facing this charge, you have a choice: complete court-mandated treatment, and the case can be dismissed with the arrest sealed; if you don't take this option, you'll have to fight the felony charge, with a prison sentence of up to three years. The law 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 Fullerton, CA, drug charges lawyer is here to help you understand the charges, help you decide what route to take, and fight to keep a conviction off your record.
Immigration Consequences of a Drug Conviction
If you are a lawful permanent resident or are in Fullerton, CA, on a work visa, 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 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.
Important factors to be aware of:
- Simple possession for personal use (for most substances) is normally 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 create barriers to appeals efforts.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is supposed to inform you about these immigration implications prior to entering your plea. We will fight for an outcome — 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, you need to get expert help as soon as you're aware of an investigation. If you are a lawful permanent resident or visa holder facing any drug charge, 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. 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. The Fifth Amendment gives you the right to remain silent during questioning. Politely decline to answer questions beyond identifying yourself, and request counsel right away — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in Fullerton, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though whether or not you are eligible can be affected by the specific charge and your previous conviction record. 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?
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 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 Fullerton, CA?
It's rare for first-time possession cases to be charged as a felony in Fullerton, CA — they're typically treated as misdemeanors. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Don't Gamble With Your Freedom: Talk to Our Fullerton, CA, Drug Charges Lawyers Today
You need help from experts in defending against drug charges It's important to fight for a positive outcome, and it depends on partnering with the right defense team. Fortunately, we're here to help.
The Fullerton, 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 explore every avenue to find the right path forward for our clients.
Our firm can also assist you with the following legal services in Fullerton, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Fullerton drug crimes defense attorney right away at (800) 755-5174 or reach out online to set up a free case evaluation.
Drug Charges Our Lawyers Fight in Fullerton, CA:
- 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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