Drug Charges Lawyer in Garden Grove, CA. There are a wide variety of drug laws you can be charged with breaking in Garden Grove, 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 cannabis to opioids. If found guilty, you can face life-altering consequences.
Don't let these accusations derail your life. You need Garden Grove, CA's leading criminal defense law firm in your corner. You need the Law Offices of David S. Chesley.
Our local Garden Grove drug charges lawyers are avaialble 24/7 to help you. We will give you honest advice, identify weaknesses in the prosecution's case, and fight for the best deal or other outcome in your case. To start building your defense, reach out to us at (800) 755-5174 or use our contact form today.
Garden Grove, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over the importance of having a drug defense lawyer in Garden Grove, CA, the types of substances considered illegal in Garden Grove, the most important things to look for in your defense lawyer, gameplans our attorneys use against drug accusations, and more.
To focus on a particular topic, click on the appropriate link below to jump ahead and learn more:
- What Your Garden Grove, CA, Drug Crimes Lawyer Will Do For You
- Common Drug Types and Potential Penalties
- Categories of Drug Charges in Garden Grove, CA
- How Drugs Can Affect DUI Charges in Garden Grove
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Garden Grove, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Firm Will Fight Against
The Importance of a Garden Grove, CA, Drug Charges Lawyer
There's no such thing as a "minor" drug charge in Garden Grove, CA. The same action can be interpreted by the state in multiple ways, meaning you're risking years in prison.
The first reason you need a drug charges lawyer immediately is to help you interpret the law. A simple possession case shouldn't be treated the same as a possession-for-sale case, and your drug defense attorney should have strategies to fight your particular charges.
The second reason to call a local Garden Grove, CA, drug charges lawyer early in the defense process is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. Your attorney can help you talk to police the right way, instead of incriminating yourself.
Finally, your drug charges lawyer will open doors for new strategies through plea negotiations. Acting fast prevents the state from getting a lead on you, and in many cases, we can file a motion to dismiss charges if we can act before the state builds a compelling case.
Common Drug Types in Garden Grove, CA, Legal Cases:
When picking a Garden Grove, CA, drug charges lawyer, you should go with an attorney who knows how the prosecution treats different drug types. In the following section, we've outlined 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. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive stimulant which can cause intense effects Its use can harm the brain, as well as several other organs. |
| 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 | 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 based on substance, how much there was, your criminal record, and the accusation you're facing. For some typical accusations:
- 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific drug 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
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 walk you through what you're actually facing.
Marijuana in Garden Grove, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. While the state used to have laws against its use, in 2016 the state passed Proposition 64, letting people use it recreationally.
Because California no longer criminalizes using it, marijuana (AKA cannabis) cases in Garden Grove, CA, frequently center around when and where it is used. For example, you're allowed to grow a small number of plants for personal use, but they must be kept in a private, secure area.
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
- Federal law still makes marijuana usage illegal.
How Your Garden Grove, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, our attorneys can help. For example, we can argue that you were permitted to have cannabis, argue that you remained within legal limitations, and/or make the case that no laws were violated in the handling of the plant.
Drug Charge Categories in Garden Grove, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Garden Grove, CA, area. We help defendants fight against all kinds of drug crime allegations. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in Garden Grove, CA. All illegal chemicals can fall under this umbrella, 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 Garden Grove, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can advocate for diversionary programs to keep you out of jail.
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 has its own specific statute in 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: The two main possession for sale charges you will see in Garden Grove, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). For these felony charges, 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. 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 cover a variety of situations, but one thing connects them together: They don't stand on their own. Before you can be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Garden Grove, 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. What sets these apart is that the U.S. government is prosecuting you, not just the Garden Grove district attorney.
These can include anything from production to transportation to taking part in a drug conspiracy, but most often 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 a leading criminal defense lawyer who's prepared to match the United States government. Our office will protect your rights, research applicable laws, review evidence, and do whatever we can to secure a positive outcome for you.
Garden Grove, CA Drug Charges and DUIs
Drug cases often intersect with another type of case in Garden Grove, CA: DUIs. Drug DUI defense cases cover a wide range of circumstances, including everything from driving while high on marijuana to driving after taking certain medications. Legal regulations often make these charges more serious than typical DUIs. For example, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When up against this type of charge, you don't just need a drug charges lawyer. You also need an expert Garden Grove, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Contact a lawyer right away — in most cases, you need to request a hearing within ten days of your arrest.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in Garden Grove, CA, it can feel impossible trying to decide which one to represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to find in your drug defense attorney:
- Extensive Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships at the courts in your jurisdiction
- A History of Victories 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 embody each of these qualities. We have over five decades of combined legal experience, including as both prosecutors and defense attorneys. We have a wide reach with relationships across the state of 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 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 Garden Grove, CA, are identical, and you should have a customized defense strategy to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. 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: 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: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In some cases, if an undercover officer coerced you into violating the 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you're looking for a drug charges lawyer in Garden Grove, CA, contact our firm now.
Garden Grove, CA, Drug Charge Diversion Options:
Garden Grove has diversion and treatment options available — be sure to ask your Garden Grove, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must meet legal guidelines. Below are two of the most relevant programs:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is a very desirable outcome for many people facing drug charges. If you participate in this, you can expect to participate in 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 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 works differently than a traditional diversion program.
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.
If you're facing this charge, you have a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); fail or refuse treatment, and you face the felony charge, and risking up to three years behind bars. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Garden Grove, CA, drug charges lawyer can help you understand whether you qualify for options that keep you out of court, help you decide what route to take, and come up with a strategy that maximizes your chances of a positive outcome.
Immigration Consequences of a Drug Conviction
For immigrants in Garden Grove, CA, you're facing even more serious consequences than a U.S. citizen — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with a sole 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for the majority of drugs) is ordinarilly enough to qualify for removal, 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 is supposed to inform you about these immigration implications prior to entering your plea. 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 the conviction, regardless of the sentence, has such a big immigration impact, 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 charge, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Charge 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. If you were able to take advantage of a diversion program like PC 1000 or Proposition 36, 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. Politely but firmly refuse to answer any questions outside of providing your identity, and request counsel immediately — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Garden Grove, 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. 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 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 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. To learn more about how to explore these paths, speak to an attorney today.
Does Garden Grove, CA, prosecute drug possession charges as felonies?
It's rare for first-time possession cases to be charged as a felony in Garden Grove, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in Garden Grove, though: More serious allegations like selling drugs are normally treated as a felony regardless of whether this is your first time being charged or not.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Garden Grove, CA
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on picking the right defense attorney. We are ready to take your case.
The Garden Grove, 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.
The Law Offices of David S. Chesley also offers the following legal services in Garden Grove, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Garden Grove drug charges defense lawyer today at (800) 755-5174 or contact us online to schedule a free, confidential case evaluation.
Drug Charges Our Lawyers Fight in Garden Grove, 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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