Drug Charges Lawyer in Newport Beach, CA. Drug crimes in Newport Beach, CA, come in many forms. 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 cannabis to heroin. But they all share one thing in common: Major legal consequences.
You need representation that will fight for your freedom. You need Newport Beach, CA's premier criminal defense attorney defending your rights. You need the Law Offices of David S. Chesley.
Our local Newport Beach drug charges lawyers know the ins and outs of California drug laws. 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 begin building your defense, contact our law offices at (800) 755-5174 or use our contact form today.
Newport Beach, CA, Drug Charges Lawyer: Page Summary
In this article, you can learn about how a Newport Beach, CA, drug defense attorney will protect your rights, the types of substances considered illegal in Newport Beach, the key factors you want your defense team to have, strategies we may use in your case, and the intersection between drug charges and DUIs in Newport Beach.
If you want to read about a specific 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
- Common Drug Types and Potential Penalties
- Categories of Drug Charges in Newport Beach, CA
- Intersections Between Drugs and DUIs in Newport Beach
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Newport Beach, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Allegation FAQs
- Get in Touch With a Drug Charges Lawyer in Newport Beach, CA, Today
- All Drug Crime Allegations Our Lawyers Fight Against
Get Help From a Newport Beach, CA, Drug Charges Lawyer IMMEDIATELY
There's no such thing as a "minor" drug charge in Newport Beach, CA. Two people who committed similar acts can face very different charges, meaning there's always a risk of felony consequences.
The first reason you should work with a drug charges lawyer without hesitation is to help you understand the charges. A simple possession case needs a different strategy than a possession-for-sale case, and your defense attorney should understand how to defend against whatever you've been accused of.
The second reason to contact a local Newport Beach, CA, drug charges lawyer early in the defense process is to lower your chances of doing something you shouldn't. If you say something incorrect in an interrogation, the charges could be elevated and the state's case strengthened. 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 lets us build a defense before the prosecution has completed its case, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Drug Types and Legal Context in Newport Beach, CA:
When picking a Newport Beach, CA, drug charges lawyer, you should pick somone who has experience with the type of drug you're facing allegation for. Below, we've outlined some of the substances against which we have practice defending related charges.
| 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 | Also known as MDMA, Molly, and E. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant that can be either a powdered form or a solid rock (Crack) It is taken in a variety of ways. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | A class of drugs, including both prescription medications and fully illegal types. These include morphine, oxycodone, and heroin. |
| Heroin | A very addictive substance, and one of the most dangerous opioids. The state tends to impose harsh penalties in heroin cases. |
| 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, quantity, any prior convictions, and the type of charge. As an overview:
- 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 are more serious charges. Most accusations are felonies, with sentencing ranges that depend heavily on the specific drug 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.
- Federal charges carry their own, generally harsher, sentencing structure.
There's no simple method to tell what kind of sentence you're facing based on your charges. Our drug defense attorneys can help — call our office for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Newport Beach, 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, letting people use it recreationally.
Because it has been legalized for recreational use, marijuana (AKA cannabis) accusations in Newport Beach, CA, most often often revolve around who was using it and whether that person was exceeding legal limits. 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:
- Legal in limited quantities for adults 21 and older
- Typically, it is legal to 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, your lawyer can help. For example, we can demonstrate that you had the legal right to possess marijuana, 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 Newport Beach, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Newport Beach, 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
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
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 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. 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 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, 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 difference is that the U.S. government is prosecuting you, not just the Newport Beach district attorney.
These can include anything from manufacturing 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. Sentences are often more severe, 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 leading criminal defense lawyer who has the strength to battle the United States government. Our firm will learn your side of the story, 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
DUIs and drug charges don't always go together in Newport Beach, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover a many different circumstances, including everything from driving while high on marijuana to driving after taking certain medications. 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 only has a "zero tolerance" law people who are underage).
When up against drug DUI charges, you need more than a drug charges lawyer. You also need a leading Newport Beach, CA, DUI defense lawyer who will fight your case both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI accusations, if you wait longer than ten days to request a hearing, you lose your chance.
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 who will best represent you. With so much at stake, you don't want to make the wrong choice.
These are the main qualities you want to see in your drug allegations defense attorney:
- Vast Experience fighting these cases in court
- Personal Experience as a prosecutor
- Relationships at the courts in your jurisdiction
- A History of Victories when fighting drug charges for clients
- 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 50 years of combined legal experience, including as both prosecutors and defense attorneys. We have a wide reach with relationships across the state of California. And we have delivered positive results for Californians.
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 have any questions or concerns.
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 Newport Beach, CA, and you should have a customized defense strategy to protect you.
We'll listen to your story and craft a powerful defense to fit. Here are some strong 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: 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 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: 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 facing drug crime charges in Newport Beach, CA, and need help, call an attorney at our offices today.
Newport Beach, CA, Drug Charge Diversion Options:
Newport Beach has diversion and treatment options available — be sure to ask your Newport Beach, 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, 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 protects you from 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 modern rules, individuals with two or more prior drug convictions can now be charged with a "treatment-mandated felony" for offenses that might otherwise have been charged as misdemeanors. While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the case can be dismissed with the arrest sealed; you can opt to refuse treatment, but you'll be up against the underlying felony charge, with a prison sentence of up to three years. 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 Newport Beach, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, help you decide what route to take, and stand by your side no matter which route you take.
Drug Convictions' Impact on Immigration Status
For immigrants in Newport Beach, CA, you're facing even more serious consequences than a U.S. citizen — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with a sole exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). 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 a deportable offense, 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 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 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 to a non-drug offense, or a disposition that doesn't include specific "aggravated felony" language — which minimizes your chances of being deported.
Because the conviction, regardless of the sentence, has such a big immigration impact, it's important to avoid mistakes from the very start of your case. If you are a non-citizen fighting a 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?
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 — your drug charges defense lawyer can help you navigate these options.
Do I need to answer police questions if I have illegal drugs on me?
No. The Fifth Amendment gives you the right to remain silent during questioning. Be respectful to the police, but do not provide any information besides your identity, and ask for an attorney immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in Newport Beach, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, 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 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?
First-time, simple possession offenses can take advantage of PC 1000. This requires participation in an education program and regular drug testing, but can result in the dismissal of all charges. 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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Is a first-time drug possession charge a felony in Newport Beach, CA?
For most first-time possession cases in Newport Beach, CA, you'll only face a misdemeanor charge. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Talk to a Drug Charges Defense Lawyer in Newport Beach, CA, Today
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on partnering with the right lawyer. Our team is ready to stand by your side.
The Newport Beach, 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 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
Speak to your Newport Beach drug crimes defense attorney now at (800) 755-5174 or tell us about your case online to schedule a free, confidential 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)
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