Drug Charges Lawyer in Irvine, CA. Drug crimes in Irvine, CA, come in many forms. You could be accused of possessing them, selling them, or making them. These charges can include all kinds of substances from prescription medications 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 Irvine, CA's leading criminal defense attorney on your side. You need the Law Offices of David S. Chesley.
Our local Irvine drug charges lawyers are avaialble 24/7 to help you. We will research the statute in detail, identify weaknesses in the prosecution's case, and stand by you in front of the judge and jury if your case reaches a trial. To start fighting the charges, call us at (800) 755-5174 or set up a free, confidential consultation today.
Irvine, CA, Drug Charges Lawyer: Page Summary
On this page, you can read about the importance of having a drug defense lawyer in Irvine, CA, different types of charges you might face, the qualities your attorney should have, effective defense tactics against all sorts of charges, and more.
To learn about a specific topic, click on the appropriate link in the following menu to navigate to a specific topic and learn more:
- Why You Need a Drug Charges Lawyer in Irvine, CA, NOW
- Common Drug Types and Their Penalties
- Different Types of Drug Charges in Irvine, CA
- Intersections Between Drugs and DUIs in Irvine
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Irvine, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Need a Drug Charges Lawyer in Irvine, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Attorneys Defend Against
Why You Need a Drug Charges Lawyer in Irvine, CA, NOW
If you've been accused of a drug crime in Irvine, CA, it's a big deal, no matter what. Two people who committed similar acts can face very different charges, meaning you can always face years in prison.
The first reason you need a drug charges lawyer right away is to explain the charges. A simple possession case looks very different from a drug trafficking case, and your defense attorney should understand how to fight against whatever you've been accused of.
The second reason to contact a local Irvine, CA, drug charges lawyer as soon as you've been accused is to stop yourself from making a mistake. After a police interview without proper legal representation, what was once just a possession charge could now be a trafficking charge. Your attorney can stop you from experiencing self-incrimination.
Additionally, 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 we can even move to dismiss charges if we act early enough.
Irvine, CA, Drug Types and Their Penalties:
When deciding on a Irvine, 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 most common substances that are the center of illegal drug cases in the state.
| 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 stimulant which can cause intense effects 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 natural and synthetic types. These include morphine, oxycodone, and heroin. |
| Heroin | A very addictive substance, and one of the most dangerous opioids. 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. |
Potential legal consequences vary significantly based on the type of drug, quantity, your criminal record, and the type of charge. As an overview:
- 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific substance 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.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case evaluation and we'll help you find a strategy to minimize negative consequences.
Marijuana in Irvine, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, legalizing its recreational use.
Because it has been legalized for recreational use, marijuana (AKA cannabis) cases in Irvine, CA, frequently 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:
- 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
- Federal law still makes marijuana usage illegal.
How Your Irvine, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, we can help. For example, we can demonstrate that you had the legal right to possess marijuana, demonstrate that you did not exceed state limits, and/or show off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Irvine, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Irvine, CA. We help defendants fight against all kinds of drug crime allegations. Read the sections below to learn more about the different categories of charges and how our criminal defense attorneys can help.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in Irvine, CA. 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 Irvine, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can be by your side every step of the way.
Relevant statutes: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine specifically falls under 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. For these felony charges, 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. These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Irvine, 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 can be very different from each other, but they share one common attribute: They don't exist in a vacuum. To be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Irvine, 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. What sets these apart is that the U.S. government is prosecuting you, not just the Irvine district attorney.
These can include anything from trafficking to taking part in a drug conspiracy, but normally it will involve large quantities and/or crossing state lines. If you're accused of this, you're up against truly severe penalties, 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 has the strength to fight the United States government. Our firm will learn your side of the story, look for legal loopholes, dissect the case against you, and do whatever we can to secure a positive outcome for your case.
DUIs and Drug Charges Defense in Irvine, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a several circumstances, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. 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 alcohol).
When up against drug DUI charges, you need more than a drug charges lawyer. You also need a leading Irvine, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI accusations, you only have ten days after an arrest to request a hearing.
Top Irvine, CA, Drug Charges Lawyer Qualitites
When picking a drug charges lawyer in Irvine, CA, to take your case, it can be a challenge trying to decide the right person to represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to see in your drug allegations defense attorney:
- Vast Experience defending clients in your situation
- Knowledge of how the district attorney approaches these cases
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Track Record of Victories versus the prosecution in drug cases
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over five decades of combined legal experience, including former prosecutors. We have a wide reach with relationships across the state of California. And we have delivered many victories for Californians.
We don't make false promises about your case, and you can get a hold of us 24/7 if you need anything from our offices.
Powerful Drug Crime Accusation Defenses
The statute you violated may not be unique, but your case is. Everyone in the Irvine, CA, criminal courts is there under different circumstances, and you should have a unique defense plan to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some strong 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: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- 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 some cases, if an undercover law enforcement agent coerced you into breaking a drug 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you've been accused of a drug crime in Irvine, CA, get in touch with the Law Offices of David S. Chesley now.
Irvine, CA, Drug Charge Diversion Options:
Irvine has diversion and treatment options available, which your Irvine, CA, drug charges lawyer can try to utilize in 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 is an option that can give you a way to stay out of prison without going through a trial. 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 prevents you from going through 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 current law, 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; fail or refuse treatment, and you face the felony charge, with a prison sentence of up to three years. The law also increased sentencing exposure tied to drug quantity for certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Irvine, CA, drug charges lawyer is here to help you understand the charges, explore sentencing and charge alternatives with you, and come up with a strategy that maximizes your chances of a positive outcome.
Immigration Consequences of a Drug Conviction
For immigrants in Irvine, 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.
Most drug charge convictions are grounds for deportation, but there is one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can affect lawful permanent residents ("green card" holders) as well as visa holders, and it can be a factor independent of whether or not the conviction includes a jail sentence.
A few key distinctions matter a great deal:
- Simple possession for personal use (other than certain rare substances) is generally grounds for deportation, but is not automatically classified as an "aggravated felony" — meaning that you likely won't lose access to certain modes 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 has a constitutional duty to tell you about these immigration consequences before you make a 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, it's important to avoid mistakes from the very start of your case. If you are a non-citizen fighting a drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
Even if there isn't a criminal conviction, a background check can still show your 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 — ask your attorney what applies to your specific case.
Do I have to talk to police if I'm caught with drugs?
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 ask for an attorney right away — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in Irvine, 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. An expungement does not erase a conviction for federal immigration purposes, which is why green card and visa holders need support from a lawyer who can handle both criminal and immigration defense.
What's the difference between PC 1000 and Proposition 36 diversion?
First-time, simple possession offenses can take advantage of PC 1000. This requires participation in an education program and regular drug testing, but can result in the dismissal of all charges. 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.
If I don't have a record, will my drug possession charge be a felony in Irvine, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Irvine, CA
This isn't a time to settle for "good enough." Your freedom is important, and it depends on partnering with the right law firm. We are ready to take your case.
The Irvine, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We are prepared to defend you against a variety of drug charges, both misdemeanor and felony. 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 Irvine, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Irvine drug defense attorney right away at (800) 755-5174 or reach out online to set up a free review of your charges.
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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