Drug Charges Lawyer in Mission Viejo, CA. Drug crimes in Mission Viejo, CA, come in many forms. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from marijuana to opioids. But they all share one thing in common: Major legal consequences.
You need someone who can guide you to a positive outcome. You need Mission Viejo, CA's premier criminal defense lawyer on your side. You need the Law Offices of David S. Chesley.
Our local Mission Viejo drug charges lawyers are ready for your case today. We will explore possible defenses, explain your best options, and fight for the best deal or other outcome in your case. To begin fighting the charges, contact our team at (800) 755-5174 or send us a note online right away.
Mission Viejo, CA, Drug Charges Lawyer: Page Summary
Below, you can learn about how a Mission Viejo, CA, drug defense attorney will protect your rights, the types of substances considered illegal in Mission Viejo, the key factors you want your defense team to have, strategies we may use in your case, and more.
If you want to read about a specific topic, you can use the links in the list below to navigate to a specific topic and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Mission Viejo, CA
- Mission Viejo, CA, Drug Types and Their Penalties
- Categories of Drug Charges in Mission Viejo, CA
- Intersections Between Drugs and DUIs in Mission Viejo
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Mission Viejo, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Contact Your Mission Viejo, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Team Will Defend Against
Why You Need a Drug Charges Lawyer in Mission Viejo, CA, NOW
There's no such thing as a "minor" drug charge in Mission Viejo, CA. Two people who committed similar acts can face very different charges, meaning you can always face felony consequences.
The first reason you need a drug charges lawyer immediately is to help you interpret the law. A simple possession case needs a different strategy than a drug trafficking case, and your defense attorney needs to know how to fight against whatever you've been accused of.
The second reason to call a local Mission Viejo, CA, drug charges lawyer first thing in your case 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 advise what to share and what not to share with the state.
Finally, your drug charges attorney will leverage local court relationships to explore different defense avenues. Acting fast 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 the evidence is in your favor.
Drug Types and Legal Context in Mission Viejo, CA:
When picking a Mission Viejo, CA, drug charges lawyer, you want someone who has experience with the type of drug you're facing allegation for. Below, you can read about what types of drugs we most frequently defend charges for in Mission Viejo, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | These include substances like Xanax or Adderall, which aren't supposed to be taken without a doctor's authorization. |
| Ecstacy | A man-made psychoactive drug. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant which can cause intense effects Its use can harm the brain, as well as several other organs. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. Courts and prosecutors often treat heroin charges harshly. |
| Fentanyl | One of the most dangerous forms of opioids — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Penalties vary significantly by substance, how much there was, prior record, and the act you're being accused of. 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 typically charged as felonies, with sentencing ranges that depend heavily on the specific substance and quantity involved.
- Fentanyl is treated extra seriously: Proposition 36 (2024) created a list of drugs, including fentanyl, which can trigger felony enhancement if possessed along with a loaded firearm.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Mission Viejo, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because local laws allow for limited use, marijuana (AKA cannabis) cases in Mission Viejo, CA, typically center around when and where it is used. As an 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
- Typically, adults over 21 can grow up to six marijuana plants for recreational purposes
- Federal law still makes marijuana usage illegal.
How Your Mission Viejo, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer are ready for your case. For example, we can show the legality of your ownership, demonstrate that you did not exceed state limits, and/or show off the proper regulatory procedures which you adhered to.
Drug Charge Categories in Mission Viejo, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Mission Viejo, CA. Whatever charges you are facing, we're ready to defend your innocence. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
The most common drug charges in Mission Viejo, CA, are often those related to possession. All illegal chemicals can fall under this umbrella, 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 Mission Viejo, 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: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine is instead covered by 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
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
A conviction of one of these charges typically means a much longer prison sentence than for simple possession. A drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: The two main possession for sale charges you will see in Mission Viejo, CA, are HS 11351 (for most substances) and HS 11378 (specifically for 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 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. With the help of an experienced Mission Viejo, 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 stand on their own. Before you can be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Mission Viejo, 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 could fall into any of the three categories above. What sets these apart is that you're fighting against the federal government instead of the local Mission Viejo prosecutor.
These can include anything from production to transportation to taking part in a drug conspiracy, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. The penalties are often much harsher, 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 an experienced criminal defense lawyer who's prepared to battle the United States government. Our office will learn your side of the story, develop a strong defense strategy, challenge evidence, and do whatever we can to secure a positive outcome for your case.
The Intersection Between Drug Charges and DUIs in Mission Viejo, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a many different situations, 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 alcoholwhich only has a "zero tolerance" law people who are underage).
When up against this type of charge, you don't just need a drug charges lawyer. You also need an expert Mission Viejo, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. But you need to act fast — in most cases, you need to request a hearing within ten days of your arrest.
How to Find the Right Drug Crimes Defense Attorney
When you are considering your options for a drug charges lawyer in Mission Viejo, CA, it can be overwhelming trying to decide which one to represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to see in your drug crimes defense attorney:
- Vast Experience fighting these cases in court
- Personal Experience as a prosecutor
- Existing Relationships at the courts in your local county
- A History of Success against the state for these charges
- Availability Anytime in case an emergency occurs and you need help
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 know judges and attorneys throughout 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 talk to 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. No two cases in Mission Viejo, CA, are identical, and you should have a unique defense strategy to match.
We'll listen to your story and craft a powerful defense to fit. Here are some staunch strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- Not Your 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 police officer coerced you into buying or using illicit drugs, you cannot be held liable for doing so.
- Prescription: Some substances are illegal to possess without a valid prescription, but if you have one, that can excuse you from these charges.
- Plea Negotiations: Not every case can result in a "not guilty" verdict, but there are occasions where a plea deal can lessen the impact of a conviction.
If you need a drug crimes defense attorney in Mission Viejo, CA, reach out to one of our attorneys for immediate help.
Mission Viejo, CA, Drug Charge Diversion Options:
Mission Viejo has diversion and treatment options available, which your Mission Viejo, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must fit certain criteria. Here are a couple of programs that might apply in your case:
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 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 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.
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. The law also increased potential penalties for large quantities of certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Mission Viejo, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
Immigration Consequences of a Drug Conviction
For immigrants in Mission Viejo, 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.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This applies to 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.
Some important things to keep in mind:
- 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 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 advise a client of these immigration consequences before a plea is entered. An attorney who understands both sides can negotiate a resolution — such as a plea deal to another, non-drug charge, or a disposition that avoids 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 lawful permanent resident or visa holder facing any drug crime allegation, 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 you're not convicted of the underlying charge, a background check can still show the 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.
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. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for an attorney right away — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in Mission Viejo, 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. 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 to work with an experienced drug crimes attorney who also practices immigration law.
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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Does Mission Viejo, CA, prosecute drug possession charges as felonies?
It's rare for first-time possession cases to be charged as a felony in Mission Viejo, CA — they're typically treated as misdemeanors. 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 Mission Viejo, CA, Drug Charges Lawyer
You need help from experts in defending against drug charges Your freedom is important, and it depends on working with the right attorney. Fortunately, we're here to help.
The Mission Viejo, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We defend all kinds of major criminal charges, including drug crime allegations. We explore every avenue to find the right path forward for our clients.
We also aid with the following legal services in Mission Viejo, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Mission Viejo drug crimes defense attorney now at (800) 755-5174 or contact us online to set up a free, confidential 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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