Drug Charges Lawyer in Palmdale, CA. Drug crimes in Palmdale, CA, come in many forms. You could be accused of possessing them, selling them, or making them. These statutes regulate substances from marijuana to heroin. If found guilty, you can face life-altering consequences.
Don't let these accusations derail your life. You need Palmdale, CA's leading criminal defense attorney defending your rights. You need the Law Offices of David S. Chesley.
Our local Palmdale drug charges lawyers are avaialble 24/7 to help you. We will give you honest advice, explain your best options, and represent you all the way through trial. To begin building your defense, call our legal team at (800) 755-5174 or ask about a free case review online today.
Palmdale, CA, Drug Charges Lawyer: Page Summary
On this page, we will go over the importance of having a drug defense lawyer in Palmdale, CA, categories of drug crime allegations in Palmdale, 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 Palmdale.
If you want to read about a specific topic, you can use the links in the list below to skip ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Palmdale, CA
- Palmdale, CA, Drug Types and Possible Penalties
- Categories of Drug Charges in Palmdale, CA
- Intersections Between Drugs and DUIs in Palmdale
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Palmdale, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Allegation FAQs
- Get in Touch With a Drug Charges Lawyer in Palmdale, CA, Today
- All the Drug Charges Our Attorneys Defend Against
Why You Need a Drug Charges Lawyer in Palmdale, CA, NOW
If you've been accused of a drug crime in Palmdale, CA, it's a big deal, no matter what. There can be leeway in what the prosecution decides to charge you with, meaning you're risking an extended stay in jail.
The first reason you need a drug charges lawyer without hesitation is to help you interpret the law. A simple possession case shouldn't be treated the same as a possession-for-sale case, and your drug defense attorney should understand how to defend each.
The second reason to call a local Palmdale, CA, drug charges lawyer right away is to protect yourself from mistakes. After a police interview without proper legal representation, you could see simple possession allegations elevated to possession-for-sale accusations. Your attorney can help you talk to police the right way, instead of incriminating yourself.
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 can even give you a better chance of having the court dismiss charges if we can act before the state builds a compelling case.
Palmdale, CA, Drug Types and Their Penalties:
When picking a Palmdale, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. Below, you can read about what types of drugs we most frequently defend charges for in Palmdale, 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 man-made psychoactive drug. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive drug derived from a South American plant Its use can harm the brain, as well as several other organs. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | Class of drugs originally intended for use as pain relievers. 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 | 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 substance, 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific drug 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 us for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Palmdale, 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 it has been legalized for recreational use, marijuana (AKA cannabis) cases in Palmdale, 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:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Palmdale, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, your lawyer are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, argue that you remained within legal limitations, 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 Palmdale, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Palmdale, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. 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
Drug possession charges are some of the most basic in Palmdale, CA. All illegal chemicals can fall under this umbrella, 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 Palmdale, 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 has its own specific statute in 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
A conviction of one of these charges typically means a much longer prison sentence than for simple 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). 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). These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Palmdale, 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 cover a variety of situations, but one thing connects them together: They don't qualify 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 Palmdale, 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 could fall into any of the three categories above. The difference is that you're fighting against the federal government instead of the local Palmdale prosecutor.
These can include anything from production to transportation 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. The penalties are often much harsher, 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 with the resources to fight the federal prosecutor. Our office will conduct investigations, research applicable laws, review evidence, and do whatever we can to secure a favorable result for your case.
The Intersection Between Drug Charges and DUIs in Palmdale, CA
Drug cases often intersect with another type of case in Palmdale, CA: DUIs. Drug DUI defense cases cover a many different 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 drug DUI charges, you need more than a drug charges lawyer. You also need a skillful Palmdale, CA, DUI defense lawyer who fight on your behalf 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.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in Palmdale, CA, it can feel impossible trying to decide which one to 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 crimes defense attorney:
- Extensive 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 Track Record of Victories 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, our firm fulfills all of these requirements. We have over 50 years of combined legal experience, including former prosecutors. We offer legal services throughout California. And we have a history of delivering positive outcomes for our clients.
You can trust us to always be upfront with your case, and you can get a hold of 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 Palmdale, CA, and you should have a unique defense strategy to protect you.
Our attorneys treat every client as an individual. Here are some staunch strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: By getting evidence thrown out, the case against you can be weakened.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- Somone Else's Drugs: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In some cases, if an undercover law enforcement agent coerced you into violating the law, you may be exempt from a conviction.
- Prescription: Some substances are illegal to possess without a valid prescription, but if you have one, that can excuse you from these charges.
- 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 need a drug crimes defense attorney in Palmdale, CA, contact an attorney at our offices for immediate help.
Palmdale, CA, Drug Charge Diversion Options:
Palmdale has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Palmdale, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must meet legal guidelines. Here are a couple of programs that might apply in your case:
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. If you participate in this, you can expect to participate in drug education classes, sobriety requirements, and regular drug testing. The main reason people like to take advantage of PC 1000 is it prevents a conviction from going on your record. This prevents you from going through 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 approach drug offense diversion from a unique angle.
Under the modern 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); fail or refuse treatment, and you face the 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 Palmdale, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and stand by your side no matter which route you take.
Drug Convictions' Impact on Immigration Status
If you are not a U.S. citizen, a drug conviction can be far more damaging than the criminal penalty alone — 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 applies regardless of whether the state court sentence includes any jail time.
Some important things to keep in mind:
- Simple possession for personal use (for most substances) is generally a deportable offense, 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 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 inform you about these immigration implications prior to entering your plea. Our firm works hard to find outcomes — 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 immigration consequences are triggered by conviction, not just sentence, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are an immigrant fighting a drug charge, 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?
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.
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. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for an attorney right away — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in Palmdale, 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 whether or not you are eligible can be affected by the specific charge and your previous conviction record. The conviction can still potentially be used as grounds for deportation, though, which is why green card and visa holders 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?
The main difference is in who can apply to each program: For PC 1000, first-time, low-level possession alleged offenders can get the charges dropped through a treatment and drug testing program. 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 Palmdale, CA?
For most first-time possession cases in Palmdale, CA, you'll only face a misdemeanor charge. This isn't true for every drug charge in Palmdale, 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 Palmdale, CA? Call the Law Offices of David S. Chesley Today
This isn't a time to settle for "good enough." Your freedom is important, and it depends on picking the right defense team. Fortunately, we're here to help.
The Palmdale, 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 always be honest with you and will fight for the best outcome possible.
We also aid with the following legal services in Palmdale, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Palmdale drug charges lawyer right away at (800) 755-5174 or contact us online to set up a no-strings review of your case.
Drug Charges Our Lawyers Fight in Palmdale, 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
