Drug Charges Lawyer in Lancaster, CA. Whatever drug accusations you're facing in Lancaster, CA, it's not an easy thing to handle. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These laws cover substances from marijuana to heroin. But they all share one thing in common: Major legal consequences.
Don't let these accusations derail your life. You need Lancaster, CA's leading criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Lancaster drug charges lawyers know the ins and outs of California drug laws. We will give you honest advice, 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 tell us about your case online today.
Lancaster, CA, Drug Charges Lawyer: Page Summary
Below, we will go over the importance of having a drug defense lawyer in Lancaster, CA, the types of substances considered illegal in Lancaster, the key factors you want your defense team to have, gameplans our attorneys use against drug accusations, and more.
If you want to read about a particular topic, click on the appropriate link in the list below to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Lancaster, CA, NOW
- Common Drug Types and Potential Penalties
- Different Types of Drug Charges in Lancaster, CA
- Intersections Between Drugs and DUIs in Lancaster
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Lancaster, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Allegation FAQs
- Need a Drug Charges Lawyer in Lancaster, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Attorneys Fight Against
Get Help From a Lancaster, CA, Drug Charges Lawyer IMMEDIATELY
If you've been accused of a drug crime in Lancaster, 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 felony consequences.
The first reason you should work with a drug charges lawyer without hesitation is to give you an understanding of the accusations. A simple possession case takes a different set of skills than a possession-for-sale case, and your drug defense attorney should understand how to fight against whatever you've been accused of.
The second reason to call a local Lancaster, CA, drug charges lawyer right away is to stop yourself from making a mistake. If you say something incorrect in an interrogation, the charges could be elevated and the state's case strengthened. Your lawyer can help you talk to police the right way, instead of incriminating yourself.
Lastly, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early gives you a head start against the state, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Common Drug Types in Lancaster, CA, Legal Cases:
When deciding on a Lancaster, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. 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 | Also known as MDMA, Molly, and E. A stimulant often used at parties. |
| 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 | 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 by the type of drug, quantity, prior record, and the act you're being accused of. 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, and the sentence can change based on the specific drug 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.
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 evaluation and we'll walk you through what you're actually facing.
Marijuana in Lancaster, 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) accusations in Lancaster, CA, frequently have more to do with how it was used, rather than just that it was used. For example, it's legal to grow up to six marijuana plants for recreational use, but growing a seventh is a crime.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Lancaster, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys 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 off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Lancaster, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Lancaster, CA. We help defendants fight against all kinds of drug crime allegations. 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
Possession charges are the first level of drug charges in Lancaster, 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 Lancaster, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, 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 has its own specific statute in HS 11377. Generally, these possession charges are handled as misdemeanors.
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
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: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine). When charged as a 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 may seem very different, but they share one common attribute: They don't stand on their own. To be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Lancaster, 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 federal government is prosecuting you instead of the state government.
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. The penalties are often much harsher, 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 with the resources to fight the United States government. Our office will protect your rights, research applicable laws, review evidence, and do whatever we can to secure a positive result for you.
Lancaster, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in Lancaster, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a several situations, including everything from driving while high on marijuana to driving after taking certain medications. What's worse, you can be arrested 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 Lancaster, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI cases, you only have ten days after an arrest to request a hearing.
What to Look For in a Drug Charges Lawyer
If you're looking for a drug charges lawyer in Lancaster, CA, it can be overwhelming trying to decide the right person to represent you. With so much at stake, you don't want to make the wrong choice.
These are the main qualities you want to find in your drug defense attorney:
- Prior Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships at the courts in your local county
- A History of Positive Outcomes versus the prosecution in drug cases
- 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 five decades of combined legal experience, including working for the district attorney's office. We know judges and attorneys throughout California. And we have delivered many victories for our clients.
We will always be honest with you about the state of your case, and you can get a hold of us 24/7 if you need anything from our offices.
Powerful Drug Crime Accusation Defenses
Whatever law you're accused of breaking, you have your own unique story to tell. The details are different for every criminal case in Lancaster, CA, and you should have a customized defense strategy to protect you.
Our attorneys treat every client as an individual. Here are some compelling 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: 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.
- Somone Else's Drugs: 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 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: 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 Lancaster, CA, and need help, get in touch with the Law Offices of David S. Chesley now.
Lancaster, CA, Drug Charge Diversion Options:
Lancaster has diversion and treatment options available — be sure to ask your Lancaster, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. 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. It generally involves drug education classes, sobriety requirements, 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 prevents you from going through many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36 is another diversion program, designed to help people accused of repeat drug offenses. It was passed in 2024, and is distinct from a previous version of Proposition 36 passed in 2000. It works differently than a traditional diversion program.
Under the current 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.
While this doesn't automatically keep people out of jail, it creates 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 potential penalties for large quantities of certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Lancaster, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, explore sentencing and charge alternatives with you, and fight to keep a conviction off your record.
Drug Convictions' Impact on Immigration Status
For immigrants in Lancaster, 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.
Most drug charge convictions are grounds for deportation, but there is one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This can affect 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.
Some important things to keep in mind:
- 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 far more likely to be treated 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 tell you about these immigration consequences before you make a plea. An attorney who understands both sides can negotiate a resolution — such as a plea deal for a different offense, or a disposition that doesn't include specific "aggravated felony" language — that defends your legal status in the country, as well as your criminal record.
Because the conviction, regardless of the sentence, has such a big immigration impact, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are a non-citizen facing any drug crime allegation, 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.
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. 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 Lancaster, CA?
The answer depends on the specific charge and your sentence. Penal Code 1203.4 allows for expungement in many cases after completing probation, though this can be affected based on the charge you were convicted of, and any previous convictions. An expungement does not erase a conviction for federal immigration purposes, 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 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.
Is a first-time drug possession charge a felony in Lancaster, CA?
For most first-time possession cases in Lancaster, CA, you'll only face a misdemeanor charge. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
The Law Offices of David S. Chesley Is Ready to Be Your Lancaster, CA, Drug Charges Lawyer
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on working with the right defense attorney. We are ready to take your case.
The Lancaster, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have relationships in courts across California. We will always be honest with you and will fight for the best outcome possible.
Our firm can also assist you with the following legal services in Lancaster, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Lancaster drug defense attorney today at (800) 755-5174 or reach out online to schedule a free 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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