Drug Charges Lawyer in Murrieta, CA. There are a wide variety of drug laws you can be charged with breaking in Murrieta, CA. You could be accused of possessing them, selling them, or making them. These charges can include all kinds of substances from marijuana to fentanyl. The fallout from a drug crime conviction can turn your world upside down.
You need someone who can guide you to a positive outcome. You need Murrieta, CA's leading criminal defense attorney in your corner. You need the Law Offices of David S. Chesley.
Our local Murrieta drug charges lawyers are avaialble 24/7 to help you. We will explore possible defenses, identify weaknesses in the prosecution's case, and represent you all the way through trial. To start building your defense, contact our lawyers at (800) 755-5174 or set up a free, confidential consultation now.
Murrieta, CA, Drug Charges Lawyer: Page Summary
On this page, you can read about the importance of having a drug defense lawyer in Murrieta, CA, different types of charges you might face, the most important things to look for in your defense lawyer, gameplans our attorneys use against drug accusations, and the intersection between drug charges and DUIs in Murrieta.
If you want to read about a specific topic, you can use the links in the following menu to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Murrieta, CA
- Common Drug Types and Possible Penalties
- Different Types of Drug Charges in Murrieta, CA
- Intersections Between Drugs and DUIs in Murrieta
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Allegation FAQs
- Need a Drug Charges Lawyer in Murrieta, CA? Call the Law Offices of David S. Chesley Today
- All the Drug Charges Our Attorneys Fight Against
Get Help From a Murrieta, CA, Drug Charges Lawyer IMMEDIATELY
Drug charges in Murrieta, CA, always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning you can always face an extended stay in jail.
The first reason you should contact a drug charges lawyer right away is to explain the charges. A simple possession case takes a different set of skills than a possession-for-sale case, and your defense attorney should have strategies to fight each.
The second reason to call a local Murrieta, CA, drug charges lawyer as soon as you've been accused is to protect yourself from mistakes. If you say something incorrect in an interrogation, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges attorney can stop you from experiencing self-incrimination.
Lastly, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Early intervention lets us build a defense before the prosecution has completed its case, and in many cases, we can file a motion to dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in Murrieta, CA:
When picking a Murrieta, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. Below, 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 | 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. 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 | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. 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. |
Sentences vary significantly by substance, quantity, any prior convictions, and the accusation you're facing. As an overview:
- As long as you are only accused of simple possession, you can typically expect misdemeanor charges. These carry a maximum jail sentence of one year. However, keep in mind misdemeanor charges aren't a guarantee, and prosecutors treat some substances more harshly than others.
- 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 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.
- 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 us for a free case review and we'll walk you through what you're actually facing.
Marijuana in Murrieta, 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, allowing it in recreational circumstances.
Because California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Murrieta, 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
- Generally, it is legal to grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Murrieta, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we are ready for your case. For example, we can show the legality of your ownership, argue that you remained within legal limitations, and/or show off the proper regulatory procedures which you adhered to.
Different Types of Drug Charges in Murrieta, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Murrieta, CA, area. 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 Murrieta, CA. These can be charged for any illegal substance 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 Murrieta, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can protect your freedom through diversionary programs, if applicable.
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
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 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 Murrieta, 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 all have one thing in common: They don't exist on their own. To be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Murrieta, 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. The difference is that the U.S. government is prosecuting you, not just the Murrieta district attorney.
These can include anything from manufacturing to running a drug ring, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. Sentences are often more severe, up to and including life imprisonment and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a seasoned criminal defense lawyer with the resources to fight the United States government. Our team of attorneys will conduct investigations, look for legal loopholes, review evidence, and make every effort to secure a positive outcome for you.
DUIs and Drug Charges Defense in Murrieta, CA
DUIs and drug charges don't always go together in Murrieta, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a several circumstances, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. What's worse, you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When up against drug DUI charges, you need more than a drug charges lawyer. You also need a leading Murrieta, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. But you need to act fast — for most DUI accusations, you only have ten days after an arrest to request a hearing.
Top Murrieta, CA, Drug Charges Lawyer Qualitites
When picking a drug charges lawyer in Murrieta, CA, to take your case, it can feel impossible trying to decide the right person to represent you. Your life may depend on it, after all.
Here are the top factors you want to look for in your drug allegations 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 Track Record of Victories against the state for these charges
- 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 working for the district attorney's office. We know judges and attorneys throughout California. And we have delivered many victories for Californians.
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. The details are different for every criminal case in Murrieta, CA, 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. 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: In some cases, you can't be convicted if you broke the law on accident. For example, if police found illegal drugs in your car, but they weren't yours, and you weren't aware of them, you didn't transport them, legally speaking.
- 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 rare 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: 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 Murrieta, CA, and need help, contact one of our attorneys today.
Murrieta, CA, Drug Charge Diversion Options:
Murrieta has diversion and treatment options available, which your Murrieta, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must fit certain criteria. These are some of the :
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is often a very helpful, positive outcome for individuals accused of simple possession. If you participate in this, you can expect to participate in drug education classes, requirements to stay sober, 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 helps you avoid 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 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.
If you're facing this charge, you have 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, including up to three years in custody. 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 Murrieta, 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.
Drug Convictions' Impact on Immigration Status
If you are not a U.S. citizen, you might have to defend yourself against removal as well as criminal charges — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
Most drug charge convictions are grounds for deportation, but there is a sole exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This applies to 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 generally 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 significantly more serious. They are often considered 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. An attorney who understands both sides can negotiate a resolution — 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 the conviction, regardless of the sentence, has such a big immigration impact, you need to get expert help as soon as you're aware of an investigation. If you are a lawful permanent resident or visa holder facing any drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
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. Politely but firmly refuse to answer any questions outside of providing 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 get my record sealed after a drug conviction in Murrieta, 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 green card and visa holders need immigration-aware counsel handling both the criminal case and any later cleanup.
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. 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. Which one applies depends on your charge and criminal history.
Does Murrieta, CA, prosecute drug possession charges as felonies?
It's rare for first-time possession cases to be charged as a felony in Murrieta, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in Murrieta, though: More serious allegations like selling drugs are normally treated as a felony regardless of whether this is your first time being charged or not.
Need a Drug Charges Lawyer in Murrieta, CA? Call the Law Offices of David S. Chesley Today
You need help from experts in defending against drug charges It's important to fight for a positive outcome, and it depends on working with the right defense team. Fortunately, we're here to help.
The Murrieta, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We have relationships in courts across California. We explore every avenue to find the right path forward for our clients.
We also aid with the following legal services in Murrieta, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Murrieta drug defense attorney now at (800) 755-5174 or reach out online to set up a confidential 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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