Drug Charges Lawyer in Los Angeles, CA. There are a wide variety of drug laws you can be charged with breaking in Los Angeles, 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 methamphetamine 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 Los Angeles, CA's leading criminal defense law firm in your corner. You need the Law Offices of David S. Chesley.
Our local Los Angeles drug charges lawyers are ready for your case today. We will research the statute in detail, discuss defense tactics, and fight for the best deal or other outcome in your case. To begin building your defense, call us at (800) 755-5174 or tell us about your case online now.
Los Angeles, CA, Drug Charges Lawyer: Page Summary
Below, you can read about the importance of having a drug defense lawyer in Los Angeles, CA, the types of substances considered illegal in Los Angeles, the qualities your attorney should have, effective defense tactics against all sorts of charges, and diversionary programs we can help you explore.
To focus on a particular topic, click on the appropriate link in the list below to navigate to a specific topic and learn more:
- What Your Los Angeles, CA, Drug Crimes Lawyer Will Do For You
- Common Drug Types and Their Penalties
- Categories of Drug Charges in Los Angeles, CA
- How Drugs Can Affect DUI Charges in Los Angeles
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys 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 Los Angeles, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Lawyers Fight Against
Why You Need a Drug Charges Lawyer in Los Angeles, CA, NOW
Drug charges in Los Angeles, CA, always need to be taken seriously. 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 need a drug charges lawyer immediately is to help you understand the charges. A simple possession case takes a different set of skills than a drug trafficking case, and your defense attorney should have strategies to defend against whatever you've been accused of.
The second reason to call a local Los Angeles, 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, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges defense attorney can advise what to share and what not to share with the state.
Finally, your drug charges lawyer will open doors for new strategies through plea negotiations. Early intervention gives you a head start against the state, and we can even move to dismiss charges if we act early enough.
Drug Types and Legal Context in Los Angeles, CA:
When you work with a Los Angeles, CA, drug charges lawyer, you want someone who has experience with the type of drug you're facing allegation for. In the following section, you can read about what types of drugs we most frequently defend charges for in Los Angeles, CA.
| 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 synthetic drug closely related to methamphetamine. A stimulant often used at parties. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) Long term use can dampen the brain's reward pathway. |
| 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 | 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. |
Potential legal consequences vary significantly based on the type of drug, quantity, any prior convictions, and the type of charge. As a general framework:
- 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 are more serious charges. Most accusations are felonies, and the sentence can change based on the specific substance 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
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 Los Angeles, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, legalizing its recreational use.
Since California no longer criminalizes using it, marijuana (AKA cannabis) cases in Los Angeles, CA, frequently have more to do with how it was used, rather than just that it was used. 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, it is legal to grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Los Angeles, 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, show that you did not violate any regulations, and/or make the case that no laws were violated in the handling of the plant.
Different Types of Drug Charges in Los Angeles, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Los Angeles, 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
The most common drug charges in Los Angeles, CA, are often those related to possession. They cover a wide range of substances and these charges can apply if the drugs are on your person, in your vehicle, or anywhere you would control access to them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Los Angeles, 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: 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
Drug dealing allegations are treated much differently than drug possession. They are often given harsher sentences for allegedly making, transporting, and/or selling the substance.
- 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 drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
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. As a straight felony, 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). Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Los Angeles, 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 may seem very different, but one thing connects them together: They don't exist on their own. To be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Los Angeles, 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 federal government is prosecuting you instead of the state government.
These can include anything from trafficking to drug smuggling, but to get the attention of the federal government, it typically 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.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a a seasoned criminal defense lawyer with the resources to fight the federal prosecutor. Our firm will protect your rights, develop a strong defense strategy, challenge evidence, and do whatever we can to secure a positive outcome for you.
DUIs and Drug Charges Defense in Los Angeles, CA
DUIs and drug charges don't always go together in Los Angeles, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a wide range of circumstances, including everything from driving while high on marijuana to driving after taking certain medications. One aspect that sets these cases apart is that you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When facing drug DUI charges, you need more than a drug charges lawyer. You also need a skillful Los Angeles, CA, DUI defense lawyer who will fight your case both in criminal court and at the DMV hearing. But you need to act fast — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
Qualities in a Good Drug Charges Defense Lawyer
When you are considering your options for a drug charges lawyer in Los Angeles, CA, it can feel impossible trying to decide who will best represent you. Your life may depend on it, after all.
These are the main qualities you want to look for in your drug crimes defense attorney:
- Extensive Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your local county
- 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 embody each of these qualities. We have over 50 years of combined legal experience, including working for the district attorney's office. We have a wide reach with relationships across the state of California. And we have delivered many victories for our clients.
You can trust us to always be upfront with your case, and you can call us 24/7 if something new develops.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Los Angeles, CA, criminal courts is there under different circumstances, and you should have a tailored defense plan to match.
We'll listen to your story and craft a powerful defense to fit. Below 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: Most laws surrounding drugs only make it a crime if you intend to break them.
- Somone Else's Drugs: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In rare cases, if an undercover police officer coerced you into buying or using illicit drugs, 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've been accused of a drug crime in Los Angeles, CA, reach out to one of our lawyers today.
Los Angeles, CA, Drug Charge Diversion Options:
Los Angeles has diversion and treatment options available, which your Los Angeles, CA, drug charges lawyer can try to utilize in 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 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 prevents you from going through 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 current law, 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 underlying drug charge case is dropped (the arrest record will remain, but is sealed); if you don't take this option, you'll have to fight the felony charge, including up to three years in custody. The law 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 Los Angeles, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, help you decide what route to take, and fight to keep a conviction off your record.
How a Drug Conviction in Los Angeles, CA, Affects Immigration Status
If you are not a U.S. citizen, 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.
The federal government can initiate removal proceedings for most drug convictions, with a sole 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 applies even if you weren't given jail time on your conviction.
Important factors to be aware of:
- Simple possession for personal use (for the majority of drugs) is normally 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 create barriers to appeals efforts.
- 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. 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 — that may preserve a client's ability to stay in the country.
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 up against a drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Allegation Defense 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 need to answer police questions if I have illegal drugs on me?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions beyond identifying yourself, and ask for a lawyer right away — making a mistake early on can cause major consequences down the line.
Can I get my record sealed after a drug conviction in Los Angeles, 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 eligibility depends on the specific charge and your 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?
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 Los Angeles, CA, prosecute drug possession charges as felonies?
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 Los Angeles, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Need a Drug Charges Lawyer in Los Angeles, CA? Call the Law Offices of David S. Chesley Today
You need help from experts in defending against drug charges Your future matters, and it depends on partnering with the right defense attorney. Fortunately, we're here to help.
The Los Angeles, 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 explore every avenue to find the right path forward for our clients.
Our firm can also assist you with the following legal services in Los Angeles, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Los Angeles drug charges defense lawyer today at (800) 755-5174 or use our online contact form to set up a confidential case evaluation.
Drug Charges Our Lawyers Fight in Los Angeles, 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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