Drug Charges Lawyer in Newport Beach, CA. Whatever drug accusations you're facing in Newport Beach, CA, it's not an easy thing to handle. You could be accused of possessing them, selling them, or making them. These laws cover substances from marijuana to opioids. If found guilty, you can face life-altering consequences.
Get help before it's too late. You need Newport Beach, CA's premier criminal defense legal team in your corner. You need the Law Offices of David S. Chesley.
Our local Newport Beach drug charges lawyers are avaialble 24/7 to help you. We will listen to you explain your side of the story, identify weaknesses in the prosecution's case, and represent you all the way through trial. To start building your defense, contact our law offices at (800) 755-5174 or use our contact form right away.
Newport Beach, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over what a Newport Beach, CA, drug charges attorney can do to defend you, the types of substances considered illegal in Newport Beach, the key factors you want your defense team to have, effective defense tactics against all sorts of charges, and diversionary programs we can help you explore.
To learn about a particular topic, click on the appropriate link in the list below to skip ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Newport Beach, CA
- Newport Beach, CA, Drug Types and Their Penalties
- Different Types of Drug Charges in Newport Beach, CA
- How Drugs Can Affect DUI Charges in Newport Beach
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Newport Beach, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Crime FAQs
- Get in Touch With a Drug Charges Lawyer in Newport Beach, CA, Today
- Every Drug Charge Our Attorneys Fight Against
The Importance of a Newport Beach, CA, Drug Charges Lawyer
There's no such thing as a "minor" drug charge in Newport Beach, CA. There can be leeway in what the prosecution decides to charge you with, meaning you can always face years in prison.
The first reason you should work with 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 drug defense attorney needs to know how to fight your particular charges.
The second reason to call a local Newport Beach, CA, drug charges lawyer early in the defense process is to protect yourself from mistakes. When you say the wrong thing to a state representative, you could see simple possession allegations elevated to possession-for-sale accusations. Your lawyer can stop you from experiencing self-incrimination.
Finally, your drug charges lawyer will open doors for new strategies through plea negotiations. Connecting with a lawyer early prevents the state from getting a lead on you, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Newport Beach, CA, Drug Types and Their Penalties:
When deciding on a Newport Beach, 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 Newport Beach, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | Charges often revolve around having a technically legal drug without permission, or selling it to someone you aren't supposed to. |
| Ecstacy | A synthetic drug closely related to methamphetamine. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant derived from a South American plant 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 category of addictive painkillers. 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 | 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 the type of drug, how much there was, prior 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 typically charged as felonies, and the sentence can change based on the specific substance and amount involved.
- Fentanyl carries additional exposure: 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 help you find a strategy to minimize negative consequences.
Marijuana in Newport Beach, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because local laws allow for limited use, marijuana (AKA cannabis) allegations in Newport Beach, CA, most often center around when and where it is used. For 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:
- Legal in limited quantities for adults 21 and older
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Newport Beach, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, demonstrate that you did not exceed state limits, and/or make the case that no laws were violated in the handling of the plant.
Charges a Drug Crimes Defense Lawyer Will Fight in Newport Beach, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Newport Beach, CA, area. Whatever charges you are facing, we're ready to defend your innocence. 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 Newport Beach, CA. 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 Newport Beach, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, 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 specifically falls under 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
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
These charges are almost always treated more harshly than possession/use charges. 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: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine). For these felony charges, 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). These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Newport Beach, 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 on their own. In order to be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Newport Beach, 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. The distinction is that you're fighting against the federal government instead of the local Newport Beach prosecutor.
These can include anything from production to transportation 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.
It's hard to think of many charges worse to face than this. And you need a a leading criminal defense lawyer who has the strength to fight the United States government. Our team of attorneys will protect your rights, research applicable laws, challenge evidence, and make every effort to secure a favorable outcome for your case.
The Intersection Between Drug Charges and DUIs in Newport Beach, CA
Drug cases often intersect with another type of case in Newport Beach, CA: DUIs. Drug DUI defense cases can include a many different situations, including everything from driving while high on marijuana to prescription drug usage. 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 facing drug DUI charges, you don't just need a drug charges lawyer. You also need a skillful Newport Beach, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI cases, you need to request a hearing within ten days of your arrest.
Top Newport Beach, CA, Drug Charges Lawyer Qualitites
When you are considering your options for a drug charges lawyer in Newport Beach, CA, it can feel impossible trying to decide the right person to represent you. With so much at stake, you don't want to make the wrong choice.
Here are the top factors you want to look for in your drug defense attorney:
- Prior Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Relationships at the courts in your jurisdiction
- A Reputation of Delivering 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, our firm fulfills all of these requirements. We have over five decades of combined courtroom experience, including as both prosecutors and defense attorneys. We offer legal services throughout California. And we have delivered positive results for Californians.
You can trust us to always be upfront with your case, and you can call us 24/7 if you need anything from our offices.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Your charges might be the same as someone else's, but your case is unique. No two cases in Newport Beach, CA, are identical, and you should have a tailored defense plan to match.
Our attorneys treat every client as an individual. Below are some powerful strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- 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: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In rare cases, if an undercover police officer coerced you into buying or using illicit drugs, you cannot be held liable for doing so.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- 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're looking for a drug charges lawyer in Newport Beach, CA, get in touch with one of our attorneys for immediate help.
Newport Beach, CA, Drug Charge Diversion Options:
Newport Beach has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Newport Beach, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
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 often a very helpful, positive outcome for individuals accused of simple possession. It generally involves 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 modern rules, 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, with a prison sentence of up to three years. 2024's Proposition 36 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 Newport Beach, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, help you decide what route to take, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
For immigrants in Newport Beach, 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.
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 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 generally grounds for deportation, but is not automatically classified as an "aggravated felony" — this means that you'll have access to some important immigration relief options.
- 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 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 — which minimizes your chances of being deported.
Because immigration consequences are triggered by conviction, not just sentence, it's important to avoid mistakes from the very start of your case. If you are an immigrant facing any drug crime allegation, 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 you were able to take advantage of a diversion program like PC 1000 or Proposition 36, you may be eligible 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 decline to answer questions beyond identifying yourself, and ask for a lawyer immediately — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in Newport Beach, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though eligibility depends on the specific charge and your record. 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 support from a lawyer who can handle both criminal and immigration defense.
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 Newport Beach, CA, prosecute drug possession charges as felonies?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Don't Gamble With Your Freedom: Talk to Our Newport Beach, CA, Drug Charges Lawyers Today
You need help from experts in defending against drug charges Your future matters, and it depends on working with the right law firm. We are ready to take your case.
The Newport Beach, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. 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.
Our firm can also assist you with the following legal services in Newport Beach, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Newport Beach drug charges lawyer today at (800) 755-5174 or contact us online for a no-strings review of your charges.
Drug Charges Our Lawyers Fight in Newport Beach, 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)
Payment Plans
