Drug Charges Lawyer in Ontario, CA. There's no such thing as a "good" drug charge to be accused of in Ontario, CA. You could be accused of possessing them, selling them, or making them. These laws cover substances from marijuana to opioids. The fallout from a drug crime conviction can turn your world upside down.
Get help before it's too late. You need Ontario, CA's premier criminal defense attorney on your case. You need the Law Offices of David S. Chesley.
Our local Ontario drug charges lawyers know the ins and outs of California drug laws. We will research the statute in detail, discuss defense tactics, and represent you all the way through trial. To begin building your defense, contact our law offices at (800) 755-5174 or set up a free, confidential consultation now.
Ontario, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over what a Ontario, CA, drug charges attorney can do to defend you, categories of drug crime allegations in Ontario, the key factors you want your defense team to have, strategies we may use in your case, and diversionary programs we can help you explore.
To focus on a specific topic, you can use the links in the list below to skip ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Ontario, CA
- Popular Drug Types and Their Penalties
- Categories of Drug Charges in Ontario, CA
- DUIs and Drug Charges Defense in Ontario, CA
- 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
- Contact Your Ontario, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Team Will Defend Against
Don't Waste Time: Contact a Ontario, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Ontario, 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 should contact a drug charges lawyer as soon as possible is to help you interpret the law. A simple possession case needs a different strategy than a drug trafficking case, and your defense attorney should understand how to defend each.
The second reason to get in touch with a local Ontario, CA, drug charges lawyer right away is to stop yourself from making a mistake. 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 advise what to share and what not to share with the state.
Additionally, your drug charges lawyer 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 we can even move to dismiss charges if we act early enough.
Ontario, CA, Drug Types and Their Penalties:
When picking a Ontario, CA, drug charges lawyer, you should pick somone who can defend charges related to the specific kind of drug in the allegations. Below, we've listed some of the most common substances that are the center of illegal drug cases in the state.
| 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. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug derived from a South American plant Its use can harm the brain, as well as several other organs. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | Class of drugs originally intended for use as pain relievers. 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. |
Sentences vary significantly based on substance, how much there was, your criminal record, and the accusation you're facing. As a general framework:
- 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific substance and amount involved.
- Fentanyl is treated extra seriously: 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 evaluation and we'll walk you through what you're actually facing.
Marijuana in Ontario, 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, legalizing its recreational use.
Because California no longer criminalizes using it, marijuana (AKA cannabis) charges in Ontario, CA, typically center around when and where it is 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
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Ontario, CA, Drug Charges Lawyer Can Help: If you're facing 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 that it was properly handled at all times.
Charges a Drug Crimes Defense Lawyer Will Fight in Ontario, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Ontario, 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 Ontario, CA. They cover a wide range of substances and these charges can apply in any circumstance where you allegedly owned the illegal drugs, even if you didn't have them physically with you at the time.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Ontario, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can protect your freedom through diversionary programs, if applicable.
Relevant statutes: Simple possession of most hard drugs falls under Health and Safety Code 11350, 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
These charges are almost always treated more harshly than possession/use charges. 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 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. 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 they share one common attribute: They don't stand on their own. In order to be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Ontario, 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 distinction is that you're fighting against the federal government instead of the local Ontario prosecutor.
These can include anything from production to transportation 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. If you're accused of this, you're up against truly severe penalties, 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 an experienced criminal defense lawyer with the resources to battle the United States government. Our office will conduct investigations, look for legal loopholes, challenge evidence, and do whatever we can to secure a favorable result for you.
DUIs and Drug Charges Defense in Ontario, CA
Drug cases often intersect with another type of case in Ontario, CA: DUIs. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. 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 has a legal limit).
When accused of drug DUI charges, you don't just need a drug charges lawyer. You also need a skillful Ontario, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Contact a lawyer right away — in most cases, you only have ten days after an arrest to request a hearing.
How to Find the Right Drug Crimes Defense Attorney
When picking a drug charges lawyer in Ontario, CA, to take your case, it can be a challenge trying to decide who will best represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to look for in your drug allegations defense attorney:
- Prior Experience fighting these cases in court
- Knowledge of how the district attorney approaches these cases
- Relationships with prosecutors and judges in your jurisdiction
- A Reputation of Delivering Success against the state for these charges
- Availability Anytime so that you can get help when you need it most
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 positive results for Californians.
We will always be honest with you about the state of your case, and you can call us 24/7 if something new develops.
Possible Defense Tactics Against Drug Charges
The statute you violated may not be unique, but your case is. No two cases in Ontario, CA, are identical, and you should have a customized defense plan to protect you.
Our attorneys treat every client as an individual. Below are some powerful 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: 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 breaking a drug law, you may be exempt from a conviction.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given 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 Ontario, CA, and need help, get in touch with our firm now.
Ontario, CA, Drug Charge Diversion Options:
Ontario has diversion and treatment options available, which your Ontario, 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 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 takes a different approach than a typical diversion program.
Under the current law, To qualify, an individual must have at least two prior drug convictions on their record. If so, the new charge can be handled as a "treatment-mandated felony," rather than a misdemeanor as originally charged.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); you can opt to refuse treatment, but you'll be up against the underlying felony charge, and risking up to three years behind bars. 2024's Proposition 36 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 Ontario, CA, drug charges lawyer is here to help you understand the 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 Ontario, CA, a drug conviction can be far more damaging than the criminal penalty alone — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
Most drug charge convictions are grounds for deportation, but there is one specific 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (other than certain rare substances) is ordinarilly 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 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. We will fight for an outcome — such as a plea deal to another, non-drug charge, or a disposition that doesn't include specific "aggravated felony" language — which minimizes your chances of being deported.
Because a criminal record can bring immigration consequences regardless of the sentence, you need to get expert help as soon as you're aware of an investigation. If you are a non-citizen up against a drug crime allegation, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Charge 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 eligible to have the arrest sealed or the record cleared — an attorney can help you explore these options.
Do I have to talk to police if I'm caught with drugs?
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 a lawyer immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I get my record sealed after a drug conviction in Ontario, 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. 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.
If I don't have a record, will my drug possession charge be a felony in Ontario, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Ontario, CA
These charges need to be treated seriously Your freedom is important, and it depends on picking the right defense attorney. Our team is ready to stand by your side.
The Ontario, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We defend all kinds of major criminal charges, including drug crime allegations. We will always be honest with you and will fight for the best outcome possible.
The Law Offices of David S. Chesley also offers the following legal services in Ontario, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Ontario drug crimes defense attorney right away at (800) 755-5174 or tell us about your case online to schedule a free, confidential review of your case.
Drug Charges Our Lawyers Fight in Ontario, 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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