Drug Charges Lawyer in Hemet, CA. Whatever drug accusations you're facing in Hemet, CA, it's not an easy thing to handle. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These laws regulate substances from prescription medications to opioids. The fallout from a drug crime conviction can turn your world upside down.
You need representation that will fight for your freedom. You need Hemet, CA's leading criminal defense law firm on your case. You need the Law Offices of David S. Chesley.
Our local Hemet drug charges lawyers will be by your side from day one. We will listen to you explain your side of the story, explain your best options, and stand by you in front of the judge and jury if your case reaches a trial. To start building your defense, call our legal team at (800) 755-5174 or send us a note online today.
Hemet, CA, Drug Charges Lawyer: Page Summary
Below, you can read about how a Hemet, CA, drug defense attorney will protect your rights, the types of substances considered illegal in Hemet, the most important things to look for in your defense lawyer, strategies we may use in your case, and diversionary programs we can help you explore.
If you want to read about a specific topic, click on the appropriate link below to navigate to a specific topic and learn more:
- The Importance of Working With a Drug Charges Lawyer in Hemet, CA
- Popular Drug Types and Potential Penalties
- Different Types of Drug Charges in Hemet, CA
- Intersections Between Drugs and DUIs in Hemet
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Hemet, CA, Today
- All Drug Crime Allegations Our Attorneys Defend Against
Get Help From a Hemet, CA, Drug Charges Lawyer IMMEDIATELY
If you've been accused of a drug crime in Hemet, CA, it's a big deal, no matter what. There can be leeway in what the prosecution decides to charge you with, meaning you can always face years in prison.
The first reason you need a drug charges lawyer right away is to give you an understanding of the accusations. A simple possession case shouldn't be treated the same as a possession-for-sale case, and your defense attorney should have strategies to fight against whatever you've been accused of.
The second reason to get in touch with a local Hemet, CA, drug charges lawyer as soon as you've been accused is to protect yourself from mistakes. After a police interview without proper legal representation, what was once just a possession charge could now be a trafficking charge. A drug charges attorney can help you talk to police the right way, instead of incriminating yourself.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Connecting with a lawyer early lets us build a defense before the prosecution has completed its case, and can even give you a better chance of having the court dismiss charges if we act early enough.
Drug Types and Legal Context in Hemet, CA:
When picking a Hemet, CA, drug charges lawyer, you should pick somone who can defend charges related to the specific kind of drug in the allegations. In the following section, we've listed some of the most common substances that are the center of illegal drug cases in the state.
| 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 synthetic drug closely related to methamphetamine. A stimulant often used at parties. |
| Cocaine | A highly addictive stimulant derived from a South American plant Its use can harm the brain, as well as several other organs. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| 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. 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. |
Penalties vary significantly based on substance, quantity, any prior convictions, and whether the charge is possession, possession-for-sale, or sale/transport. 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 typically charged as felonies, with sentencing ranges that depend heavily on the specific drug and quantity 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.
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 our office for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Hemet, 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.
Because it has been legalized for recreational use, marijuana (AKA cannabis) accusations in Hemet, CA, typically have more to do with how it was used, rather than just that it was used. As an 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:
- Legal in limited quantities for adults 21 and older
- Typically, adults over 21 can grow up to six marijuana plants for recreational purposes
- Federal law still makes marijuana usage illegal.
How Your Hemet, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer 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 that it was properly handled at all times.
Charges a Drug Crimes Defense Lawyer Will Fight in Hemet, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Hemet, CA. 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
Drug possession charges are some of the most basic in Hemet, 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 Hemet, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can protect your freedom through diversionary programs, if applicable.
Relevant statutes: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine is instead covered by 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
These allegations are almost always considered more serious than 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: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine). 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). 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 Hemet, 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, there also needs to be an underlying base charge.
It's even more important to hire an experienced Hemet, 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 distinction is that the federal government is prosecuting you instead of the state government.
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, such as a life sentence and substantial fines.
These are some of the most serious charges you can possibly face. And you need a an experienced criminal defense lawyer who's prepared to match the United States government. Our team of attorneys will learn your side of the story, develop a strong defense strategy, review evidence, and do whatever we can to secure a positive outcome for your case.
The Intersection Between Drug Charges and DUIs in Hemet, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to prescription drug usage. 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 facing this type of charge, you need more than a drug charges lawyer. You also need a leading Hemet, CA, DUI defense lawyer who fight on your behalf 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.
What to Look For in a Drug Charges Lawyer
When you are considering your options for a drug charges lawyer in Hemet, CA, it can feel impossible trying to decide who will best represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to look for in your drug allegations defense attorney:
- Prior Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships at the courts in your jurisdiction
- A History of Positive Outcomes against the state for these charges
- 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 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 you have any questions or concerns.
Ways Our Lawyers Defend Against Drug Charges
Whatever law you're accused of breaking, you have your own unique story to tell. No two cases in Hemet, CA, are identical, and you should have a unique defense plan to match.
We'll listen to your story and craft a powerful defense to fit. Here are some of the possible strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: If the police searched you, your vehicle, or your dwelling without either probable cause or a warrant, that evidence can be thrown out.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- 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: 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 someone's accused you of a drug crime in Hemet, CA, call one of our attorneys now.
Hemet, CA, Drug Charge Diversion Options:
Hemet has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Hemet, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must fit certain criteria. These are some of the :
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 advantage of PC 1000 is that you don't end up with a conviction on your record — after completing the program, the case against you is dismissed. 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 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 case can be dismissed with the arrest sealed; if you don't take this option, you'll have to fight the felony charge, and risking up to three years behind bars. The law also increased potential penalties for large quantities of certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Hemet, CA, drug charges lawyer can help you understand whether you qualify for options that keep you out of court, explore sentencing and charge alternatives with you, and stand by your side no matter which route you take.
How a Drug Conviction in Hemet, CA, Affects Immigration Status
For immigrants in Hemet, CA, you're facing even more serious consequences than a U.S. citizen — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
The federal government can initiate removal proceedings for most drug convictions, with a sole exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This can impact lawful permanent residents ("green card" holders) as well as visa holders, and it applies even if you weren't given jail time on your conviction.
Important factors to be aware of:
- Simple possession for personal use (for most substances) is generally grounds for deportation, 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 far more likely to be treated as 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 required to inform you about these immigration implications prior to entering your plea. 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 — that defends your legal status in the country, as well as your criminal record.
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 an immigrant up against a drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
An arrest can appear on some background checks even without a conviction. 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 — ask your attorney what applies to your specific case.
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. Be respectful to the police, but do not provide any information besides your identity, and request counsel immediately — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can I expunge a previous drug conviction in Hemet, 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 non-citizens need support from a lawyer who can handle both criminal and immigration defense.
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. If you have previous drug-charge convictions on your record, you're more likely to be eligible for Proposition 36 (2024): This would be a felony charge, but offers a court-supervised treatment program to have the case dismissed. To learn more about how to explore these paths, speak to an attorney today.
Is a first-time drug possession charge a felony in Hemet, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. This isn't true for every drug charge in Hemet, though: More serious allegations like distribution are normally treated as a felony regardless of whether this is your first time being charged or not.
Don't Gamble With Your Freedom: Talk to Our Hemet, CA, Drug Charges Lawyers Today
This isn't a time to settle for "good enough." Your future matters, and it depends on working with the right attorney. We are ready to take your case.
The Hemet, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We have former prosecutors on our team who know how the state builds its case. 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 Hemet, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Hemet drug defense attorney now at (800) 755-5174 or use our online contact form to schedule a confidential review of your charges.
Drug Charges Our Lawyers Fight in Hemet, 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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