Drug Charges Lawyer in Palm Desert, CA. There's no such thing as a "good" drug charge to be accused of in Palm Desert, CA. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from prescription medications to fentanyl. The fallout from a drug crime conviction can turn your world upside down.
Get help before it's too late. You need Palm Desert, CA's leading criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Palm Desert drug charges lawyers are avaialble 24/7 to help you. We will research the statute in detail, identify weaknesses in the prosecution's case, and represent you all the way through trial. To start building your defense, reach out to our lawyers at (800) 755-5174 or use our contact form right away.
Palm Desert, CA, Drug Charges Lawyer: Page Summary
On this page, you can learn about what a Palm Desert, CA, drug charges attorney can do to defend you, different types of charges you might face, the qualities your attorney should have, strategies we may use in your case, and more.
To learn about a particular topic, click on the appropriate link in the following menu to navigate to a specific topic and learn more:
- What Your Palm Desert, CA, Drug Crimes Lawyer Will Do For You
- Popular Drug Types and Their Penalties
- Categories of Drug Crime Allegations in Palm Desert, CA
- How Drugs Can Affect DUI Charges in Palm Desert
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Allegation FAQs
- Contact Your Palm Desert, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Team Will Fight Against
Why You Need a Drug Charges Lawyer in Palm Desert, CA, NOW
If you've been accused of a drug crime in Palm Desert, CA, it's a big deal, no matter what. 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 right away is to help you understand the charges. A simple possession case shouldn't be treated the same as a drug manufacturing case, and your defense attorney should understand how to defend each.
The second reason to call a local Palm Desert, CA, drug charges lawyer early in the defense process is to stop yourself from making a mistake. 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 advise what to share and what not to share with the state.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Acting fast prevents the state from getting a lead on you, and in many cases, we can file a motion to dismiss charges if we can act before the state builds a compelling case.
Drug Types and Legal Context in Palm Desert, CA:
When deciding on a Palm Desert, CA, drug charges lawyer, you want someone who has experience with the type of drug you're facing allegation for. In the following section, you can read about some of the substances against which we have practice defending related charges.
| 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 that can be either a powdered form or a solid rock (Crack) 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 | 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. |
Potential legal consequences vary significantly based on the type of drug, quantity, prior record, and the type of charge. For some typical accusations:
- 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 typically charged as felonies, with sentencing ranges that depend heavily on the specific drug 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.
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 review and we'll walk you through what you're actually facing.
Marijuana in Palm Desert, 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, legalizing its recreational use.
Because local laws allow for limited use, marijuana (AKA cannabis) cases in Palm Desert, 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:
- Legal in limited quantities for adults 21 and older
- In most cases, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Palm Desert, 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 argue that you were permitted to have cannabis, show that you did not violate any regulations, and/or make the case that no laws were violated in the handling of the plant.
Drug Charge Categories in Palm Desert, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Palm Desert, CA. Whatever charges you are facing, we're ready to defend your innocence. 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 Palm Desert, 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 Palm Desert, 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: 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. As a straight felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. HS 11352 converse sale or transportaiont charges for most substances, while HS 11379 does the same for methamphetamine. If convicted, you are looking at an even harsher sentence — 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 exist on their own. Before you can be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Palm Desert, 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. What sets these apart is that the U.S. government is prosecuting you, not just the Palm Desert district attorney.
These can include anything from trafficking to taking part in a drug conspiracy, but normally it will involve large quantities and/or crossing state lines. The penalties are often much harsher, 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 match the United States government. Our team of attorneys will protect your rights, develop a strong defense strategy, review evidence, and do whatever we can to secure a positive outcome for your case.
The Intersection Between Drug Charges and DUIs in Palm Desert, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a wide range of 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 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 this type of charge, you need more than a drug charges lawyer. You also need a skillful Palm Desert, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
Top Palm Desert, CA, Drug Charges Lawyer Qualitites
When picking a drug charges lawyer in Palm Desert, CA, to take your case, it can be overwhelming trying to decide who will best represent you. Your life may depend on it, after all.
These are the main qualities you want to see in your drug allegations defense attorney:
- Vast Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Relationships at the courts in your local county
- A History of 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, we embody each of these qualities. We have over five decades of combined legal experience, including working for the district attorney's office. We offer legal services throughout California. And we have delivered positive results for Californians.
We don't make false promises about your case, and you can call us 24/7 if something new develops.
Powerful Drug Crime Accusation Defenses
Your charges might be the same as someone else's, but your case is unique. Everyone in the Palm Desert, CA, criminal courts is there under different circumstances, and you should have a customized defense strategy to protect you.
We'll listen to your story and craft a powerful defense to fit. Below are some staunch 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.
- Didn't Belong to You: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In rare cases, if an undercover police officer coerced you into violating the law, you can be found innocent of the criminal charges.
- 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 someone's accused you of a drug crime in Palm Desert, CA, contact the Law Offices of David S. Chesley for immediate help.
Palm Desert, CA, Drug Charge Diversion Options:
Palm Desert has diversion and treatment options available — be sure to ask your Palm Desert, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must meet legal guidelines. 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 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 modern version, 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. 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); 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. 2024's Proposition 36 also increased potential penalties for large quantities of certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Palm Desert, CA, drug charges lawyer is here to help you understand the charges, help you decide what route to take, and stand by your side no matter which route you take.
How a Drug Conviction in Palm Desert, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Palm Desert, CA, on a work visa, 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.
Most drug charge convictions are grounds for deportation, but there is one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This can impact 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 ordinarilly a deportable offense, 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 far more likely to be treated 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 has a constitutional duty 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 to a non-drug offense, or a disposition that avoids specific "aggravated felony" language — which minimizes your chances of being deported.
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 an immigrant facing any drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
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 — 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 have the right to remain silent and the right to an attorney. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for an attorney immediately — making a mistake early on can cause major consequences down the line.
Can I get my record sealed after a drug conviction in Palm Desert, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though whether or not you are eligible can be affected by the specific charge and your previous conviction 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 to work with an experienced drug crimes attorney who also practices immigration law.
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. 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. To learn more about how to explore these paths, speak to an attorney today.
Does Palm Desert, CA, prosecute drug possession charges as felonies?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. This isn't true for every drug charge in Palm Desert, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Talk to a Drug Charges Defense Lawyer in Palm Desert, 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. Fortunately, we're here to help.
The Palm Desert, 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 explore every avenue to find the right path forward for our clients.
We also aid with the following legal services in Palm Desert, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Palm Desert drug defense attorney right away at (800) 755-5174 or use our online contact form for a no-strings 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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